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

Vol. 146 WASHINGTON, FRIDAY, OCTOBER 27, 2000 No. 137 House of Representatives The House met at 9 a.m. ceedings and announces to the House H.R. 2780. An act to authorize the Attorney The Chaplain, the Reverend Daniel P. his approval thereof. General to provide grants for organizations Coughlin, offered the following prayer: Pursuant to clause 1, rule I, the Jour- to find missing adults. God of all grace, be with us now and nal stands approved. H.R. 4404. An act to permit the payment of until the end. f medical expenses incurred by the United You know each of the Members of States Park Police in the performance of this House. You have given each dif- PLEDGE OF ALLEGIANCE duty to be made directly by the National ferent gifts; that together they may The SPEAKER. Will the gentleman Park Service, to allow for waiver and indem- achieve Your purpose and bring about from Wisconsin (Mr. SENSENBRENNER) nification in mutual law enforcement agree- liberty and justice for all. come forward and lead the House in the ments between the National Park Service You have called them forth from dif- Pledge of Allegiance. and a State or political subdivision when re- ferent places and assembled them in Mr. SENSENBRENNER led the quired by State law, and for other purposes. this Chamber to serve this great Na- Pledge of Allegiance as follows: H.R. 4957. An act to amend the Omnibus tion and shape its future. I pledge allegiance to the Flag of the Parks and Public Lands Management Act of Give them vision rooted in faith, at- United States of America, and to the Repub- 1996 to extend the legislative authority for tentive listening to the needs of the lic for which it stands, one nation under God, the Black Patriots Foundation to establish a times, and discerning hearts to make indivisible, with liberty and justice for all. commemorative work. right judgments. f H.R. 5083. An act to extend the authority of God of all grace, be with us now and the Los Angeles Unified School District to MESSAGE FROM THE SENATE forever. Amen. use certain park lands in the City of South f A message from the Senate by Mr. Gate, California, which were acquired with Lundregan, one of its clerks, an- amounts provided from the land and water THE JOURNAL nounced that the Senate has passed conservation fund, for elementary school The SPEAKER. The Chair has exam- without amendment bills of the House purposes. ined the Journal of the last day’s pro- of the following titles:

NOTICEÐOCTOBER 23, 2000 A final issue of the Congressional Record for the 106th Congress, 2d Session, will be published on November 29, 2000, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through November 28. The final issue will be dated November 29, 2000, and will be delivered on Friday, December 1, 2000. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, signed manuscript. Deliver statements to the Official Reporters in Room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

H11359

. H11360 CONGRESSIONAL RECORD — HOUSE October 27, 2000 H.R. 5157. An act to amend title 44, United SECTION 1. PERMANENT RESIDENCE. SERGIO LOZANO States Code, to ensure preservation of the (a) SHORT TITLE.—This Act may be cited as The Clerk called the Senate bill (S. records of the Freedmen’s Bureau. the ‘‘Wei Jingsheng Freedom of Conscience H.R. 5331. An act to authorize the Fred- Act’’. 276) for the relief of Sergio Lozano. erick Douglass Gardens, Inc., to establish a (b) Notwithstanding any other provision of There being no objection, the Clerk memorial and gardens on Department of the law, for purposes of the Immigration and Na- read the Senate bill as follows: Interior lands in the District of Columbia or tionality Act (8 U.S.C. 1101 et seq.), Wei S. 276 its environs in honor and commemoration of Jingsheng shall be held and considered to Be it enacted by the Senate and House of Rep- Frederick Douglass. have been lawfully admitted to the United resentatives of the United States of America in The message also announced that the States for permanent residence as of the date Congress assembled, Senate has passed with amendments in of the enactment of this Act upon payment SECTION 1. PERMANENT RESIDENT STATUS FOR which the concurrence of the House is of the required visa fee. SERGIO LOZANO. (a) IN GENERAL.—Notwithstanding sub- requested, a bill and a joint resolution SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS. sections (a) and (b) of section 201 of the Im- of the House of the following titles: Upon the granting of permanent residence migration and Nationality Act, Sergio H.R. 4940. An act to designate the museum to Wei Jingsheng as provided in this Act, the Lozano shall be eligible for issuance of an operated by the Secretary of Energy in Oak Secretary of State shall instruct the proper immigrant visa or for adjustment of status Ridge, Tennessee, as the ‘‘American Museum officer to reduce by one during the current to that of an alien lawfully admitted for per- of Science and Energy’’, and for other pur- fiscal year the total number of immigrant manent residence upon filing an application poses. visas available to natives of the country of for issuance of an immigrant visa under sec- H.J. Res. 102. Joint resolution recognizing the alien’s birth under section 203(a) of the tion 204 of such Act or for adjustment of sta- that the Birmingham Pledge has made a sig- Immigration and Nationality Act (8 U.S.C. tus to lawful permanent resident. nificant contribution in fostering racial har- 1153(a)). (b) ADJUSTMENT OF STATUS.—If Sergio mony and reconciliation in the United Lozano enters the United States before the States and around the world, and for other The Senate bill was ordered to be filing deadline specified in subsection (c), he purposes. read a third time, was read the third shall be considered to have entered and re- The message also announced that the time, and passed, and a motion to re- mained lawfully and shall, if otherwise eligi- Senate agrees to the amendment of the consider was laid on the table. ble, be eligible for adjustment of status House to the amendment of the Senate under section 245 of the Immigration and Na- f tionality Act as of the date of the enactment to the bill (H.R. 4868) ‘‘An Act to of this Act. amend the Harmonized Tariff Schedule MARINA KHALINA (c) DEADLINE FOR APPLICATION AND PAY- of the United States to modify tempo- MENT OF FEES.—Subsections (a) and (b) shall The Clerk called the Senate bill (S. rarily certain rates of duty, to make apply only if the application for issuance of 150) for the relief of Marina Khalina other technical amendments to the an immigrant visa or the application for ad- and her son, Albert Miftakhov. trade laws, and for other purposes.’’ justment of status are filed with appropriate The message also announced that the There being no objection, the Clerk fees within 2 years after the date of the en- Senate has passed bills and a concur- read the Senate bill as follows: actment of this Act. S. 150 (d) REDUCTION OF IMMIGRANT VISA NUM- rent resolution of the following titles BER.—Upon the granting of an immigrant in which the concurrence of the House Be it enacted by the Senate and House of Rep- visa or permanent residence to Sergio is requested: resentatives of the United States of America in Lozano, the Secretary of State shall instruct Congress assembled, S. 1880. An act to amend the Public Health the proper officer to reduce by one, during Service Act to improve the health of minor- SECTION 1. PERMANENT RESIDENCE. the current or next following fiscal year, the ity individuals. Notwithstanding any other provision of total number of immigrant visas that are S. 3045. An act to improve the quality, law, for purposes of the Immigration and Na- made available to natives of the country of timeliness, and credibility of forensic science tionality Act (8 U.S.C. 1101 et seq.), Marina the alien’s birth under section 203(a) of the services for criminal justice purposes, and Khalina and her son, Albert Miftakhov, shall Immigration and Nationality Act or, if appli- for other purposes. be held and considered to have been lawfully cable, the total number of immigrant visas S. Con. Res. 156. Concurrent resolution to admitted to the United States for permanent that are made available to natives of the make a correction in the enrollment of the residence as of the date of the enactment of country of the alien’s birth under section bill S. 1474. this Act upon payment of the required visa 202(e) of such Act. The message also announced that the fees. The Senate bill was ordered to be Senate agrees to the amendments of SEC. 2. REDUCTION OF NUMBER OF AVAILABLE read a third time, was read the third VISAS. time, and passed, and a motion to re- the House to the bill (S. 768) ‘‘An Act Upon the granting of permanent residence to establish court-martial jurisdiction to Marina Khalina and her son, Albert consider was laid on the table. over civilians serving with the Armed Miftakhov, as provided in this Act, the Sec- f Forces during contingency operations, retary of State shall instruct the proper offi- FRANCIS SCHOCHENMAIER and to establish Federal jurisdiction cer to reduce by the appropriate number dur- over crimes committed outside the ing the current fiscal year the total number The Clerk called the Senate bill (S. United States by former members of of immigrant visas available to natives of 785) for the relief of Francis the Armed Forces and civilians accom- the country of the aliens’ birth under section Schochenmaier and Mary Hudson. 203(a) of the Immigration and Nationality There being no objection, the Clerk panying the Armed Forces outside the Act (8 U.S.C. 1153(a)). United States.’’ read the Senate bill as follows: The Senate bill was ordered to be f S. 785 read a third time, was read the third Be it enacted by the Senate and House of Rep- PRIVATE CALENDAR time, and passed, and a motion to re- resentatives of the United States of America in The SPEAKER pro tempore (Mr. consider was laid on the table. Congress assembled, SECTION 1. RELIEF OF FRANCES PEASE). Pursuant to the order of the f SCHOCHENMAIER. House of Thursday, October 26, 2000, The Secretary of the Treasury shall pay, this is Private Calendar day. The Clerk ALEXANDRE MALOFIENKO out of any moneys in the Treasury not other- will call the first individual bill on the wise appropriated, to Frances Private Calendar. The Clerk called the Senate bill (S. Schochenmaier of Bonesteel, South Dakota, f 199) for the relief of Alexandre the sum of $60,567.58 in compensation for the Malofienko, Olga Matsko, and their erroneous underpayment to Herman WEI JINGSHENG son, Vladimir Malofienko. Schochenmaier, husband of Frances The Clerk called the Senate bill (S. Mr. SENSENBRENNER. Mr. Speak- Schochenmaier, during the period from Sep- 11) for the relief of Wei Jingsheng. er, I ask unanimous consent that the tember 1945 to March 1995, of compensation Senate bill be passed over without prej- and other benefits relating to a service-con- There being no objection, the Clerk nected disability incurred by Herman read the Senate bill as follows: udice. Schochenmaier during military service in S. 11 The SPEAKER pro tempore. Is there World War II. Be it enacted by the Senate and House of Rep- objection to the request of the gen- SEC. 2. RELIEF OF MARY HUDSON. resentatives of the United States of America in tleman from Wisconsin? Notwithstanding section 5121(a) of title 38, Congress assembled, There was no objection. United States Code, or any other provision of October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11361 law, the Secretary of Veterans Affairs shall time, and passed, and a motion to re- GUY TAYLOR not recover from the estate of Wallace Hud- consider was laid on the table. The Clerk called the Senate bill (S. son, formerly of Russellville, Alabama, or f from Mary Hudson, the surviving spouse of 2000) for the relief of Guy Taylor. Wallace Hudson, the sum of $97,253 paid to ELIZABETH EKA BASSEY There being no objection, the Clerk read the Senate bill as follows: Wallace Hudson for compensation and other The Clerk called the Senate bill (S. benefits relating to a service-connected dis- S. 2000 1078) for the relief of Mrs. Elizabeth ability incurred by Wallace Hudson during Be it enacted by the Senate and House of Rep- active military service in World War II, Eka Bassey, Emmanuel O. Paul Bassey, resentatives of the United States of America in which payment was mailed by the Secretary and Mary Idongesit Paul Bassey. Congress assembled, to Wallace Hudson in January 2000 but was There being no objection, the Clerk SECTION 1. PERMANENT RESIDENT STATUS FOR delivered after Wallace Hudson’s death. read the Senate bill as follows: GUY TAYLOR. SEC. 3. LIMITATION ON FEES. S. 1078 (a) IN GENERAL.—Notwithstanding sub- (a) IN GENERAL.—Not more than a total of Be it enacted by the Senate and House of Rep- sections (a) and (b) of section 201 of the Im- 10 percent of the payment required by sec- resentatives of the United States of America in migration and Nationality Act, Guy Taylor tion 1 or retained under section 2 may be Congress assembled, shall be eligible for issuance of an immigrant paid to or received by agents or attorneys for SECTION 1. PERMANENT RESIDENCE. visa or for adjustment of status to that of an services rendered in connection with obtain- Notwithstanding any other provision of alien lawfully admitted for permanent resi- ing or retaining such payment, as the case law, for purposes of the Immigration and Na- dence upon filing an application for issuance may be, any contract to the contrary not- tionality Act (8 U.S.C. 1101 et seq.), Mrs. of an immigrant visa under section 204 of withstanding. Elizabeth Eka Bassey, Emmanuel O. Paul such Act or for adjustment of status to law- (b) VIOLATION.—Any person who violates Bassey, and Mary Idongesit Paul Bassey ful permanent resident. subsection (a) shall be fined not more than shall be held and considered to have been (b) ADJUSTMENT OF STATUS.—If Guy Taylor $1,000. lawfully admitted to the United States for enters the United States before the filing The Senate bill was ordered to be permanent residence as of the date of the en- deadline specified in subsection (c), he shall be considered to have entered and remained read a third time, was read the third actment of this Act upon payment of the re- quired visa fees. lawfully and shall, if otherwise eligible, be time, and passed, and a motion to re- eligible for adjustment of status under sec- consider was laid on the table. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS. tion 245 of the Immigration and Nationality f Upon the granting of permanent residence Act as of the date of enactment of this Act. (c) DEADLINE FOR APPLICATION AND PAY- to Mrs. Elizabeth Eka Bassey, Emmanuel O. MENT OF FEES.—Subsections (a) and (b) shall MINA VAHEDI NOTASH Paul Bassey, and Mary Idongesit Paul apply only if the application for issuance of Bassey, as provided in this Act, the Sec- The Clerk called the Senate bill (S. an immigrant visa or the application for ad- retary of State shall instruct the proper offi- 869) for the relief of Mina Vahedi justment of status are filed with appropriate cer to reduce by the appropriate number dur- Notash. fees within 2 years after the date of enact- ing the current fiscal year the total number There being no objection, the Clerk ment of this Act. of immigrant visas available to natives of (d) REDUCTION OF IMMIGRANT VISA NUM- read the Senate bill as follows: the country of the aliens’ birth under section BER.—Upon the granting of an immigrant S. 869 203(a) of the Immigration and Nationality visa or permanent residence to Guy Taylor, Act (8 U.S.C. 1153(a)). Be it enacted by the Senate and House of Rep- the Secretary of State shall instruct the resentatives of the United States of America in The Senate bill was ordered to be proper officer to reduce by one, during the Congress assembled, read a third time, was read the third current or next following fiscal year, the SECTION 1. PERMANENT RESIDENT STATUS FOR time, and passed, and a motion to re- total number of immigrant visas that are MINA VAHEDI NOTASH. consider was laid on the table. made available to natives of the country of (a) IN GENERAL.—Notwithstanding sub- f the alien’s birth under section 203(a) of the sections (a) and (b) of section 201 of the Im- Immigration and Nationality Act or, if appli- migration and Nationality Act, Mina Vahedi JACQUELINE SALINAS cable, the total number of immigrant visas Notash shall be eligible for issuance of an The Clerk called the Senate bill (S. that are made available to natives of the immigrant visa or for adjustment of status country of the alien’s birth under section to that of an alien lawfully admitted for per- 1513) for the relief of Jacqueline Sali- 202(e) of such Act. manent residence upon filing an application nas and her children Gabriela Salinas, The Senate bill was ordered to be for issuance of an immigrant visa under sec- Alejandro Salinas, and Omar Salinas. read a third time, was read the third tion 204 of such Act or for adjustment of sta- There being no objection, the Clerk time, and passed, and a motion to re- tus to lawful permanent resident. read the Senate bill as follows: consider was laid on the table. (b) ADJUSTMENT OF STATUS.—If Mina S. 1513 Vahedi Notash enters the United States be- f Be it enacted by the Senate and House of Rep- fore the filing deadline specified in sub- TONY LARA section (c), he or she shall be considered to resentatives of the United States of America in have entered and remained lawfully and Congress assembled, The Clerk called the Senate bill (S. shall, if otherwise eligible, be eligible for ad- SECTION 1. PERMANENT RESIDENCE. 2002) for the relief of Tony Lara. justment of status under section 245 of the Notwithstanding any other provision of There being no objection, the Clerk Immigration and Nationality Act as of the law, for purposes of the Immigration and Na- read the Senate bill as follows: tionality Act (8 U.S.C. 1101 et seq.), Jac- date of the enactment of this Act. S. 2002 (c) DEADLINE FOR APPLICATION AND PAY- queline Salinas and her children Gabriela Be it enacted by the Senate and House of Rep- MENT OF FEES.—Subsections (a) and (b) shall Salinas, Alejandro Salinas, and Omar Sali- apply only if the application for issuance of nas, shall be held and considered to have resentatives of the United States of America in an immigrant visa or the application for ad- been lawfully admitted to the United States Congress assembled, justment of status is filed with appropriate for permanent residence as of the date of en- SECTION 1. PERMANENT RESIDENT STATUS FOR fees within 2 years after the date of the en- actment of this Act upon payment of the re- TONY LARA. (a) IN GENERAL.—Notwithstanding sub- actment of this Act. quired visa fees. sections (a) and (b) of section 201 of the Im- (d) REDUCTION OF IMMIGRANT VISA NUM- SEC. 2. REDUCTION OF NUMBER OF VISAS. migration and Nationality Act, Tony Lara BER.—Upon the granting of an immigrant Upon the granting of permanent residence shall be eligible for issuance of an immigrant visa or permanent residence to Mina Vahedi to Jacqueline Salinas and her children visa or for adjustment of status to that of an Notash, the Secretary of State shall instruct Gabriela Salinas, Alejandro Salinas, and alien lawfully admitted for permanent resi- the proper officer to reduce by 4, during the Omar Salinas, as provided in this Act, the dence upon filing an application for issuance current or next following fiscal year, the Secretary of State shall instruct the proper of an immigrant visa under section 204 of total number of immigrant visas that are officer to reduce by the appropriate number such Act or for adjustment of status to law- made available to natives of the country of during the current fiscal year the total num- ful permanent resident. the aliens’ birth under section 203(a) of the ber of immigrant visas available to natives (b) ADJUSTMENT OF STATUS.—If Tony Lara Immigration and Nationality Act or, if appli- of the country of the aliens’ birth under sec- enters the United States before the filing cable, the total number of immigrant visas tion 203(a) of the Immigration and Nation- deadline specified in subsection (c), he shall that are made available to natives of the ality Act (8 U.S.C. 1153(a)). be considered to have entered and remained country of the aliens’ birth under section The Senate bill was ordered to be lawfully and shall, if otherwise eligible, be 202(e) of such Act. read a third time, was read the third eligible for adjustment of status under sec- The Senate bill was ordered to be time, and passed, and a motion to re- tion 245 of the Immigration and Nationality read a third time, was read the third consider was laid on the table. Act as of the date of enactment of this Act. H11362 CONGRESSIONAL RECORD — HOUSE October 27, 2000 (c) DEADLINE FOR APPLICATION AND PAY- JOSE GUADALUPE TELLEZ tleman from Florida (Mr. YOUNG) and MENT OF FEES.—Subsections (a) and (b) shall PINALES the gentleman from Wisconsin (Mr. apply only if the application for issuance of The Clerk called the Senate bill (S. OBEY) each will control 30 minutes. an immigrant visa or the application for ad- The Chair recognizes the gentleman justment of status are filed with appropriate 2289) for the relief of Jose Guadalupe fees within 2 years after the date of enact- Tellez Pinales. from Florida (Mr. YOUNG). ment of this Act. There being no objection, the Clerk Mr. YOUNG of Florida. Mr. Speaker, (d) REDUCTION OF IMMIGRANT VISA NUM- read the Senate bill as follows: I yield myself such time as I may con- BER.—Upon the granting of an immigrant S. 2289 sume. Mr. Speaker, I would just point out visa or permanent residence to Tony Lara, Be it enacted by the Senate and House of Rep- the Secretary of State shall instruct the resentatives of the United States of America in that this is another one of those 1-day proper officer to reduce by one, during the Congress assembled, continuing resolutions. current or next following fiscal year, the Mr. Speaker, I reserve the balance of total number of immigrant visas that are SECTION 1. PERMANENT RESIDENCE. Notwithstanding any other provision of my time. made available to natives of the country of Mr. OBEY. Mr. Speaker, I yield my- the alien’s birth under section 203(a) of the law, for purposes of the Immigration and Na- Immigration and Nationality Act or, if appli- tionality Act (8 U.S.C. 1101 et seq.), Jose self such time as I may consume. cable, the total number of immigrant visas Guadalupe Tellez Pinales shall be held and Mr. Speaker, ‘‘Groundhog Day.’’ That that are made available to natives of the considered to have been lawfully admitted to is what it feels like to me. Last night, country of the alien’s birth under section the United States for permanent residence as almost the last bit of business we did, 202(e) of such Act. of the date of the enactment of this Act upon payment of the required visa fee. we passed a 1-day resolution con- The Senate bill was ordered to be tinuing the government. This morning, read a third time, was read the third The Senate bill was ordered to be because there is obviously not much to time, and passed, and a motion to re- read a third time, was read the third do on the floor, we have an early mo- consider was laid on the table. time, and passed, and a motion to re- tion to again continue the government consider was laid on the table. for another day. This is ‘‘Groundhog The SPEAKER pro tempore. This f Day.’’ concludes the call of the Private Cal- How many times have we gone endar. MALIA MILLER through this now? Is this the seventh f time? I frankly have forgotten. The Clerk called the Senate bill (S. GENERAL LEAVE Mr. YOUNG of Florida. If the gen- 2019) for the relief of Malia Miller. Mr. SENSENBRENNER. Mr. Speak- tleman will yield, I believe this is the There being no objection, the Clerk er, I ask unanimous consent that all third 1-day CR, the seventh overall. read the Senate bill as follows: Members may have 5 legislative days Mr. OBEY. The fifth one. All right. I S. 2019 within which to revise and extend their want to make it clear that I think that the gentleman from Florida has done Be it enacted by the Senate and House of Rep- remarks on the private bills just con- resentatives of the United States of America in sidered. everything he possibly could to exer- Congress assembled, The SPEAKER pro tempore. Is there cise his responsibilities in a responsible manner. And I think that his counter- SECTION 1. PERMANENT RESIDENT STATUS FOR objection to the request of the gen- MALIA MILLER. tleman from Wisconsin? part in the other body, the gentleman (a) IN GENERAL.—Notwithstanding sub- There was no objection. from Alaska, has also done everything sections (a) and (b) of section 201 of the Im- f he could to live up to his responsibil- migration and Nationality Act, Malia Miller ities. The problem is that they have shall be eligible for issuance of an immigrant GENERAL LEAVE been under orders from their leadership visa or for adjustment of status to that of an Mr. YOUNG of Florida. Mr. Speaker, since day one of this session to peddle alien lawfully admitted for permanent resi- I ask unanimous consent that all Mem- a national fiction. And that fiction has dence upon filing an application for issuance been that this Congress was going to of an immigrant visa under section 204 of bers may have 5 legislative days in such Act or for adjustment of status to law- which to revise and extend their re- spend about $40 billion less than it ac- ful permanent resident. marks on H.J. Res. 117, and that I may tually intended to spend. And now hav- (b) ADJUSTMENT OF STATUS.—If Malia Mil- include tabular and extraneous mate- ing spent 10 months passing bills out of ler enters the United States before the filing rial. this Chamber that the other side knew deadline specified in subsection (c), she shall The SPEAKER pro tempore. Is there were fictions, last week we finally be considered to have entered and remained objection to the request of the gen- came to fess-up time and last week this lawfully and shall, if otherwise eligible, be tleman from Florida? House voted to raise the allowable eligible for adjustment of status under sec- There was no objection. spending levels by about $40 billion. We tion 245 of the Immigration and Nationality have been trying to negotiate our re- Act as of the date of enactment of this Act. f maining differences. We thought 2 days (c) DEADLINE FOR APPLICATION AND PAY- FURTHER CONTINUING APPRO- ago that we were very close to closing MENT OF FEES.—Subsections (a) and (b) shall PRIATIONS, FISCAL YEAR 2001 apply only if the application for issuance of our differences on the Commerce-Jus- an immigrant visa or the application for ad- Mr. YOUNG of Florida. Mr. Speaker, tice bill. justment of status are filed with appropriate pursuant to the provisions of House b 0915 fees within 2 years after the date of enact- Resolution 646, I call up the joint reso- ment of this Act. lution (H.J. Res. 117) making further But then, for some reason, the lead- (d) REDUCTION OF IMMIGRANT VISA NUM- continuing appropriations for the fiscal ership decided to throw away a day BER.—Upon the granting of an immigrant year 2001, and for other purposes, and yesterday. So, despite the fact they visa or permanent residence to Malia Miller, ask for its immediate consideration in were told the President would veto the the Secretary of State shall instruct the bill that the House intended to send to proper officer to reduce by one, during the the House. The Clerk read the title of the joint him, they decided to ram it at him current or next following fiscal year, the again one last time. total number of immigrant visas that are resolution. made available to natives of the country of The text of House Joint Resolution The issues that divide us on that bill the alien’s birth under section 203(a) of the 117 is as follows: are five: Immigration and Nationality Act or, if appli- H.J. RES. 117 First of all, a bill which is supposed cable, the total number of immigrant visas Resolved by the Senate and House of Rep- to protect our precious coastal land that are made available to natives of the resentatives of the United States of America in areas from environmental degradation, country of the alien’s birth under section Congress assembled, That Public Law 106–275, instead has been turned into a bill 202(e) of such Act. is further amended by striking the date spec- which would allow you, literally, to The Senate bill was ordered to be ified in section 106(c) and inserting ‘‘October build oil refineries on the sea coast, on read a third time, was read the third 28, 2000’’. the beaches, in the sensitive coastal time, and passed, and a motion to re- The SPEAKER pro tempore. Pursu- areas in any State in the Union except consider was laid on the table. ant to House Resolution 646, the gen- Alaska. I am sorry, it would allow it in October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11363 Alaska too. What it would not allow in State-Justice bill which says that not year and the House adopted legislation Alaska is to have any Federal money one dime of funding in that bill can be which promised that we would not spent to deal with the sensitive issue of used to pursue in court redress against again delay the efforts of OSHA to pro- coastal zone protection. So that is one an industry that lied to the public and mulgate the regulation to protect anti-public interest problem with that lied to the Congress about the effect of those American workers. Despite that bill. their product. promise in writing, this House welched The second is that it also contained I am one of those people who used on that promise. It is trying to bar language which pretended to do some- cigarettes. I used to smoke three packs going ahead with that provision. thing to assure Americans’ privacy on a day, at the same time that I worked Then we have several other issues the Internet, but in fact opened up with asbestos. I did not know, but the that still divide us. On that score, the holes big enough to drive 65 foot trucks company did, that asbestos caused can- House sent the President a tax bill yes- through. There were 20 of our friends cer, and I did not know that there was terday which was doomed from the on that side of the aisle who voted with a synergistic effect between asbestos start. It was a blind alley piece of legis- us yesterday against that bill, and and tobacco, which meant that you lation, because the President said he is some of them indicated that that was have probably a four or five times going to veto it, because far too many the reason, and I salute them for it. greater chance of getting mesothe- of the benefits, again, go to the cream, Then the third issue dividing us on lioma or lung cancer, one of the two, the folks at the top layers, and all too that bill is the question of whether or one of which our former colleague, Mr. few of those dollars go to low income not we are going to treat immigrants Vento, just died from, there was that people, and the minimum wage hike is who have been in this country for years much greater chance of dying if you being held ransom to many of those re- equally if they come from countries used cigarettes and were exposed to as- wards. like El Salvador, as opposed to whether bestos. There are a lot of items in that tax they come from Nicaragua. Johns Manville knew since 1939 what bill I do not have any objection to, but One Member stood on the floor yes- the problem was on asbestos, and the there are some that are outrageous. terday and defended the different way tobacco companies have known for a And that bill is a Trojan horse. It is a we treat those souls by saying in ef- long time what the tobacco problem is, Trojan horse. fect, well, it is different if they fled and yet the only dollar difference that So, we are stuck here, passing these Central America coming from Nica- we had in that bill yesterday between one day resolutions, because this House ragua because they were a communist the majority and the minority was still refuses to come to a compromise dictatorship, it is different than if they whether or not we ought to be able to mode and work out differences with the fled Central America to run away from appropriate a tiny amount of money to White House. So we have no choice but a right-wing dictatorship that we had pay for the lawsuit that could have the to pass this resolution. But I thought it in El Salvador at the time. possibility of bringing billions of dol- was important before we relinquished I remember that right-wing dictator- lars into the Federal Treasury to help the floor on this issue to summarize ship. I remember when there were offi- us defray those costs. So the one thing what the main issues are, and the main cials going on television and fingering that could have helped increase our issue on the appropriations side as I see our own ambassador for assassination. surplus, out of all of the things we were it is still education, education, edu- The stories have now come out about doing yesterday, that was knocked out cation. how General Vides Casanova and oth- of the bill. Here I think we have something in- ers lied through their teeth to every Then you get to our differences on teresting going on in the country. We Congressional delegation that went Labor-HHS and Education. There we have a stealth campaign being run by down there, and lied through their have an argument about what the the other side. This is a Congress under teeth to the press, to their own society, spending levels ought to be for edu- the leadership of our friends on the and had full knowledge of the assas- cation. This Congress has spent billions other side, this is a Congress which sinations of Salvadorean citizens that of dollars above what the President has over the last 5 years has tried to cut were occurring at the hand of that gov- asked in a variety of areas. Some of presidential budgets for education by ernment and that military. that I think is defensible, and some is $13.5 billion. Lest you say, oh, we are There are some advantages to having not. But we are now being told, sorry, just talking about increases, they also been around here for a fair amount of we are not going to put one dime above tried to cut the education budget below time, because you remember those what we have already put in the edu- previous years’ spending levels by over things, and you take certain lessons cation bill to meet your additional re- $5.5 billion. On four different occasions from them, and the lesson that I take quirements for education. That is what they tried to make those cuts in exist- from that is that if we are to show we are being told. So we continue to ing spending levels for education. mercy to people who are in flight from have an argument about what level of Now, because the polls show that despotic governments, that mercy funding we ought to have for special education is an important issue, all of ought to be even-handed, because you education, for teacher training, for a sudden they have got a presidential are just as dead if you are killed or as- smaller class size initiatives, for school candidate out there who is sort of a sassinated by a right-wing militia as modernization, for Pell and a number Trojan horse, who puts a benign face you are if you are assassinated by a of other issues. on the party, in hopes that people will left-wing militia. We have seen too Then we have the issue that the look at that genial smile, rather than much of both in that region. We have President is trying to get attended to looking at the record of his fellow got one left that we want to get rid of, by this Congress on the issue of school party members in this institution over and we all know who it is. I do not construction as opposed to moderniza- the past 5 years. mean in terms of getting rid of the tion. There we have a $125 billion back- I think the fight we are having on human being; I mean getting rid of him log. The President is trying to attack education now dramatizes, once again, in occupying the power that he now 20 percent of that backlog, and so far what you folks on the other side of the holds. he is meeting resistance. aisle would really do if you had full Then we have another problem with Then we have the issue of whether or power to govern. I think the last 6 that bill. That problem is that our Fed- not workers are going to be protected years, in terms of you are trying to eral Treasury has expended billions of from the dangers associated with repet- abolish the Department of Education, dollars over the past generation paying itive motion injury in the workplace, in terms of you are trying to cut back the costs that have been incurred by the single most expensive problem in on education funding, in terms of you American taxpayers because of what American industry today, the lost time are trying to squeeze every oppor- tobacco products have done to Amer- and the costs associated with repet- tunity you could out of the session to ican veterans and to Americans who itive motion industries. pass anti-environmental riders on ap- are now senior citizens. That has cost This is despite the fact that this propriation bills, it is clear to me that Medicare and Medicaid billions of dol- committee, the Committee on Appro- that is what your road map is, long- lars, and yet there is language in the priations, passed out to the House last term. H11364 CONGRESSIONAL RECORD — HOUSE October 27, 2000 So we are not fighting here about a governments in El Salvador that not in spite of the written promises, they day or two or three; we are continuing only were involved with fingering, and are reneging on that, and they are to try to fight for the priorities that we were involved with fingering El Sal- fighting the President on that matter. we think are important to meet the vadorans citizens who then dis- We are staying here for very real rea- needs of the American people. We are appeared, were tortured and killed, but sons that impact American’s families, going to have more than 1 million addi- now, of course, we see the direct rela- whether it is the kind of schools that tional kids in schools over the next tionship between their involvement their children go to and the failure to decade. We are not doing enough about and the killing of the religious women provide some help for those districts it. That is what we are trying to cor- from America. that want to construct schools but may rect. And as soon as the majority rec- Those families have had to live with not have the resources to do it, to pro- ognizes that the President is serious on that tragedy now for over a decade as vide them some interest breaks on this issue, we may finally have a reso- we have tried to get to the bottom of those bonds so they can construct lution of those issues. that case. And it turns out now, of those schools. Mr. Speaker, I yield such time as he course, high Salvadoran officials and Because the evidence is very clear, may consume to the gentleman from the security police and armed forces you can take a child from almost any California (Mr. GEORGE MILLER). knew about that and covered it up all economic or socioeconomic setting, Mr. GEORGE MILLER of California. of those years. That is the government from any background, and you put Mr. Speaker, I thank the gentleman for that these people were fleeing. them with the first-class qualified yielding me time, and I thank him for Many of those people who fled those teacher, with a first-class curriculum the points that he raised, both about governments now are working very and in a first class school, and they the legislation yesterday and the Com- hard in the American economy and, learn like just about anyone else. We merce-State-Justice bill, which I join yet, we are going to deny them the ought to, in fact, make sure that we him in urging the President to veto. rights to try to provide for legal and can carry that out. As one who represents a coastal state permanent residency and give them the These fights are real, but they are whose district is on the edge of San right to prove their situation, rather about the future of the American fam- Francisco bay, it is a tragedy that that than send them off back to the country ily. It is about whether or not Medicare legislation did not provide the funding and let them try to prove that from is going to be there for them, or wheth- necessary so that we can implement overseas. That treatment of immi- er or not we are simply going to reim- our Coastal Zone Management Plan to grants is inexcusable. burse the HMOs and the insurance We could not run the economy of this deal with non-point source pollution, companies that overpromised and country for a day if the immigrants de- the runoff that comes from our cities, failed to deliver to the senior citizens cided to sit down. We could not run the or those that just simply closed up our farmlands, from the logging areas economy of California for 5 minutes if shop and left hundreds of thousands of upstream, that are devastating water the immigrants did not show up for senior citizens in different regions of quality in our rivers, in our bays, and work, whether it is our tourism econ- along our coast. the country without a health care plan. omy, whether it is our agricultural Let us remember what the original Last year, California had beach clo- economy, whether it is our manufac- plan was. The original plan by the Re- sures over 3,000 times, some as long 6 turing economy, that is the simple fact publicans was if we joined an HMO, a to 12 weeks, and a few that were in fact of the matter. We ought to start deal- Medicare HMO, we could not come permanent. The impact of that on our ing with these people in a fair and equi- back to the regular system. We almost economy and tourism is the same kind table fashion. of impact where they have had that The gentleman also mentioned the shut the government down over that kind of situation along the East Coast, continued attack. Many times people debate, but we prevailed and President where beaches have had to be closed be- ask, what are we arguing over? What is Clinton prevailed to make sure that cause of water quality. it? We are just bickering. We are just senior citizens that went to an HMO if The single biggest polluter at this arguing back and forth. This is about it did not serve their needs could come point is non-pointed source pollution, whether or not people who go to the back to the Medicare system. the runoff, whether it is the Chesa- workplace will be protected from dam- If that law that they wanted then, peake Bay or Santa Monica Bay or the ages to their nerves and to their mus- that we fought and extended to Con- Gulf of Mexico, where that runoff is cles and to the skeletal system from gress over, was in place, those people collected in the Mississippi River, sent the repetitive motion in the workplace. would be with no health care, no Medi- down to the Gulf of Mexico and has cre- We are all familiar with this. Mem- care, because they would have chosen ated a dead zone in the Gulf of Mexico bers of Congress are familiar with this. to go into a system that turned out to that is thousands of square miles, Flight attendants now wear braces on be a fly-by-night operation. where simply life cannot live in those their wrists and on their arms and on I just have one question to the gen- sections of the Gulf of Mexico. their hands because of repetitive mo- tleman from Wisconsin (Mr. OBEY). Continuing resolutions, this one for 24 b 0930 tion. The checkers in the supermarket wear braces on their hands and their hours or for 48 hours, we had one a few I would hope that the President elbows because of repetitive motion. days ago for 4 days, the last continuing would veto that. If we go to Home Depot, we will see resolution was for 4 days and every- The gentleman also mentioned immi- people wearing back braces to try to body went home. I thought continuing grants. I find it rather interesting on prevent repetitive motion. We will see resolutions were supposed to be the the front page of the Business section people wearing braces on their hands, President gave us some additional time of the Washington Post, it says ‘‘Sweet machine operators, lathe operators, to get the work done. Harvest for Virginia’s Vintners’’, for people who go to work everyday and People are saying now that we are the wine industry in Virginia, a Sweet work very hard, and, yet, the Repub- going to pass these continuing resolu- Harvest. licans are absolutely committed to not tions and people are going to go home When we open up the paper on the in- letting those regulations go in place, again. I just do not understand how we side and we see who is harvesting those that not only will save those compa- go forward with these kinds of con- grapes, it is Gerardo Chavez. Gerardo nies millions and millions of dollars in tinuing resolutions that basically en- Chavez is harvesting those grapes. Yet worker’s compensation claims, but it able everyone to go home. I would hope the other side decided that they were will extend these individuals work that we would take that into consider- not going to provide for the fair treat- lives so they can provide for their fami- ation as Members vote on this CR. ment of immigrants; they were going lies so they will not have to take a job Mr. YOUNG of Florida. Mr. Speaker, to distinguish between those people that pays them less, or they will not I yield myself 1 minute. who came here from Cuba and Nica- have to leave the workforce and live on Mr. Speaker, I want to say to the ragua and El Salvador. disability. gentleman from California (Mr. The gentleman quite correctly points Yet, in spite of what the gentleman GEORGE MILLER), who just left the well, out, we now see that they were fleeing from Wisconsin (Mr. OBEY) pointed out, that we are doing 1-day CRs because October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11365 the President of the United States has one of those candidates was a million ple of this country and have the rights told us that he would not sign anything dollars. They do not want to give up of choice decisions for theirselves. other than a 1-day CR; so that is their that lifeblood. Yes, we will stay back and fight, Mr. decision. School construction out of Federal Speaker. We will fight for the people, We understand the power of the Pres- dollars falls under Davis-Bacon, the not the union bosses. idency, and so we are prepared to ac- union or the prevailing wage, that ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE commodate that. costs about between 15 percent to 35 The SPEAKER pro tempore (Mr. Mr. Speaker, I yield 6 minutes to the percent more for those States that PEASE). Members are reminded that re- gentleman from California (Mr. have it. Let us waive Davis-Bacon just marks in debate should be addressed to CUNNINGHAM), a member of the Com- for school construction. Let us let the the Chair and not to others in the sec- mittee on Appropriations. schools keep that money and build ond person or by name. Mr. CUNNINGHAM. Mr. Speaker, I more schools or teacher training or Members are further reminded that do not think our side was even going to teacher pay or class-size reduction. they are to refrain from the use of pro- talk on this. The partisan bickering, But do you think my colleagues fanity in debate. the rancoring that goes on here, I would do that? Absolutely not. We had Mr. OBEY. Mr. Speaker, I yield my- think that the American public can see it on the D.C. bill. Do you care about self 11⁄4 minutes. what we are facing from our colleagues children? Do you care about schools, or Mr. Speaker, there is nothing par- on the other side. They want to stay, do you care about your union bosses? tisan about citing the record. The pub- all right. They want to stay not over Well, I think it is very evident, be- lic needs to know if there are any real policy, but for politics. cause they will not. They know that differences between us, and I think I Do you know what I am most resent- many Republicans have union districts. cited those differences without rancor ful about? That the other side and the When we bring it to a vote, we lose it and with accuracy and without ques- last few speakers that talked about because of the unions. tioning motives. said that Democrats are the only ones ‘‘The power,’’ they talk about cam- Mr. Speaker, let me simply say that that really care about education. The paign finance reform; what a joke. I do find three things strange. Democrats say they are the only ones What a joke. Our friends on the majority side brag that really care about school construc- I ran out of time the other day on about the fact that they raised edu- tion or Medicare or Medicaid or pre- education. But just like Goals 2000, cation 50 percent during the time they scription drugs. they wanted the power for education to have controlled the Congress, that is I worked most of my life here on this reside here in Washington, D.C. Goals only because we defeated them in their House floor. I fight, every ounce of my 2000 is a good example. efforts to cut education by huge survival, to make sure that those There are 14 wills in the previous bill. amounts. We eventually forced them to issues are taken care of, not only for A will for a lawyer means you will do add $15 billion back to education spend- our children, but for our seniors as this. One of those wills, you have to es- ing. well. tablish boards to see if you fall in the On prescription drugs, they say they The gentleman from Illinois (Mr. guidelines of Goals 2000. They say it is are for prescription drugs. But the record demonstrates they have been HASTERT), the Speaker of the House, is only voluntary, but only if you want a teacher and a coach. In his heart and the money. trying for a year to block a comprehen- in his mind and in his soul, he cares Well, you establish a board to see if sive benefit under Medicare and would deeply about education. you are within the guidelines, then target their package only to those at I was a teacher and a coach both in they send it to the regular Board of the near poverty level. high school and in college. It is one of Education. The board sends it to the As far as the patients’ bill of rights is the main focuses that I have. And for principal. The principal sends it to the concerned, their Presidential candidate the other side to say that, we are so superintendent. Then you have to send claimed that he had been in support of mean and rotten because of our poli- all of that paperwork, hours of labor, the patients’ bill of rights when, in cies. Well, let me tell you what the pol- to Sacramento, CA. fact, as Governor of Texas, he vetoed itics of this are. We will stay and fight Now, think about all the schools in it, and then the second time around, for education. We will stay and fight California. Sending all of that paper- when his tail feathers were being for prescription drugs and for our sen- work to Sacramento. Think of the bu- singed by public opinion, he let it be- iors and health care. reaucracy you have to have in Sac- come law without his signature. Mr. Speaker, I think the record is I will not allow the other side to mis- ramento just to go through the paper- clear on the divisions that are keeping lead, for example, on school construc- work. Then where do they send it? us here. They send it back here to the Depart- tion. We could have school construc- Mr. Speaker, I yield the balance of ment of Education. tion today. Our schools are crumbling. my time to the gentleman from Mis- For 30 years, they had control of the Now, think about all the schools in souri (Mr. GEPHARDT), the distin- the United States sending all of that education process. What is the out- guished Minority Leader. come? We have some very good teach- paperwork back here to the Depart- (Mr. GEPHARDT asked and was ers and very good schools, which I am ment of Education. Think of the bu- given permission to revise and extend very fortunate in my district to have, reaucracy that they have to have back his remarks.) in North San Diego County. here. Then there is paperwork flow I have been to teacher awards, but back and forth. b 0945 across this Nation, we are last in math And so what happens? We get less Mr. GEPHARDT. Mr. Speaker, I rise and science. That is a crime. money for education because of the bu- in support of this continuing resolu- Mr. Speaker, we have to hire outside reaucrats in Washington, DC, because tion, our seventh in 5 weeks. But I people with Ph.D.s to come in to our of the rules and the regulations. Fed- deeply regret that we have reached this country to take over high-level and eral education only covers about 7 per- point. We should never have found our- high-tech jobs because we do not have cent of the funding, but it controls selves in the mess that we are in, and enough Ph.D.s; that is a crime. much of the funding from the State we must stay here and work each day But my colleagues on the other side and local districts, and that is what my until we complete the business re- would rather cater to the unions than colleagues want. quired by the law and for the American to come out with education dollars. They want government control of people. Let me give you an idea. Why do you education, government control of pri- Let us do the rare thing and come to- think they want school construction vate property. You want government gether in a bipartisan fashion to ac- out of Federal dollars? Their cam- control of health care. You want gov- complish some meaningful things for paigns are loaded with union boss ernment to control everything. Not the American people. Let us stop money. I was in 18 districts over the mean-spirited, that is what you be- closed-door partisan meetings. No more last 3 months, the minimum amount lieve. We believe in people, and we are sending up bills at 7 a.m. with only a that the unions had put against any willing to stay here and fight for peo- few hours for review. H11366 CONGRESSIONAL RECORD — HOUSE October 27, 2000 No more tax breaks for special inter- it is interesting. Almost immediately resentatives to try to accommodate ests and lopsided bills that we know after he made the speech last week, all him to the best of our ability. the President will not sign. we heard from his side of the aisle was Mr. Speaker, I will give an example There is a list of missed opportuni- more partisan attacks, not even re- on education. We have proposed in our ties in this Congress. Republicans lated to the issues that we were dealing legislation to provide considerably killed the bipartisan hate crimes law with. over a billion dollars more money for supported by large majorities of both Of all of the things that we have education than the President requested houses. They support the pharma- heard talked about today, I do not in his budget. The big holdup has been, ceutical companies by refusing to let think more than one or two of them we believe, that the local school offi- us even vote on a bill that puts pre- had to do with appropriations. We are cials, the elected school boards, in our scription drug benefits in the reliable here today to deal with an appropria- counties and our districts should have world of Medicare. Partisan tax pack- tions matter, not all of these other the opportunity to decide if they need ages are put together without con- issues, these authorizing issues, these new school buildings? Do they need sultation or negotiation with the legislating issues. I find it difficult to more teachers? Do they need more spe- President or Democrats in Congress. keep track of what bill is before the cial education? Do they need books? Do Just yesterday, Republicans brought House when we hear all of the rhetoric they need supplies? They should make up a tax package that gave a lot to the that in my opinion is purely campaign those decisions, not somebody sitting HMOs and not enough to patients, peo- rhetoric. here in Washington. ple, hospitals, nursing homes, and I think that those campaign speeches The minority side would like people home health care agencies. that we just heard this morning, I to believe that Republicans really do Minimum wage increases are put in think that is about the 69th time that not support education. That is just as bills that give maximum benefit to spe- I have heard those same speeches in phony as it can be. We are strong sup- cial interest. And this week, Repub- the last 60 days, and I think we should porters of education. Let me give an licans tried to give more tax help to give them all a number. We could save example. Most of my colleagues in the wealthy bondholders through school the time of the House so that we could House are very much aware that for all construction bonds that do not give get about our business if we just took of the years that I have been here, I public schools the incentives or the each one of their arguments and gave have spent most of my time dealing help they need to modernize their it a number. When they stand up, say with national defense issues, national schools. ‘‘Argument Number 2, Argument Num- security and intelligence. And that is a So we have amassed a record of par- ber 10,’’ we could save a lot of time, be- fact. I have spent a lot of time on that tisanship with virtually no accomplish- cause we have memorized their speech- because that is important to our Na- ments. We still have time in the few re- es. Those speeches that should have tion. If we do not have a secure Nation, maining days of this session to work been reserved for the campaign trail, we do not have much else. But after making all the speeches until the last hour of the last day. We because that is where they belong, not about national defense, let me suggest can pass the Latino and Immigrant in this House where the people’s busi- this. If we are going to sustain our po- Fairness Act. We can pass the bipar- ness has to come first. sition in the world due to high tech- tisan hate crimes bill. We can pass a We are also criticized for working at nology and state-of-the-art weapons school construction credit that will night. We work a lot of nights. We and systems, and if we are going to sus- really help local districts relieve the work all day long. And we work at tain the ability of our young men and burden on local property taxpayers night too. And not only the Republican women to function with these systems who may be willing to vote for bonds side; the Democrats do too. Despite and to operate them, we have got to some of the accusations about secret under those circumstances so that we have the best educational system pos- meetings, in all of the negotiations the can get smaller classroom sizes. sible. And I know that our strong na- We can pass an enforceable, effective Republican Majority and the Demo- tional defense, our strong intelligence Patients’ Bill of Rights. We can pass a cratic minority have been involved to- capabilities, our strong state-of-the-art gether and most of them have included prescription medicine program under technology, and the creation of new representatives of the President from Medicare that will allow everyone in a technology, do not happen if we do not the White House. voluntary and universal way to be able have a strong and effective educational We have tried to be as totally fair as to access that very important benefit. system. we possibly could be. We did not learn We could pass campaign reform that Republicans believe that. That is gets rid of the flood of soft, non-Fed- that was the right thing to do from the why we are so committed to having a eral money in the campaigns. We could time that we were the minority, be- very strong educational system. get meaningful gun safety legislation cause we were never given those kind One of the issues that the minority that would take the danger out of our of opportunities. We were never al- leader mentioned just a few minutes classrooms and our other public insti- lowed to participate in the decision- ago was about the tax bill. That is not tutions. making, and so we vowed that the mi- what is before us this morning. But he We still have an opportunity in these nority party would have the oppor- mentioned some of the groups that last days to get all of those things tunity that we did not have as a minor- might have been affected by that tax done, or at least some of them done. ity when we gained the majority. And bill. But one of our colleagues on our And so I plead with my friends on the I think we have been pretty true to side, the gentleman from California other side of the aisle, and my side of that. I do not think that there is any (Mr. THOMAS) just the other day read the aisle, let us work together in the room for any criticism that we have off a list of the people and the groups remaining hours of this session. Let us excluded the minority from any of who supported the tax bill, and the produce legislation that will be signed these conversations. groups that he mentioned were all sup- by the President and that will help all Now, it is suggested that we ought to porters of the tax bill. They did not op- the people of this country. do everything that the President pose it. They supported it. Time is not yet up. We can do this. wants. Well, we are trying to accom- It is interesting when the govern- But to do it, it takes a spirit of biparti- modate the President, because he is the ment has a huge surplus of money, sanship and communication and work- President and he has as much power at there are those who believe that sur- ing together to get these things done. this stage of the appropriations process plus belongs to the government. Mr. YOUNG of Florida. Mr. Speaker, as two-thirds of this House and two- Wrong. Wrong. That surplus belongs to I yield myself the balance of my time. thirds of the Senate. Because if he de- the taxpayers of this great Nation. And Mr. Speaker, I want to compliment cides to veto a bill, it takes two-thirds just because it is there does not mean the minority leader again today, as I of the House and two-thirds of the Sen- that the government should spend it. did the last time that he made this ate to override that veto. So he be- So the tax bill I think is supported dra- same speech calling for bipartisanship comes very powerful in this process matically by the American people. and all working together. I am all for and that is why we have worked very Now, if we have a large surplus, how that. I think we ought to do that. But diligently with the President’s rep- did it come about? We came into this October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11367 Congress as a majority party a few only one bill left out there. We hope to Deutsch LaFalce Rivers Diaz-Balart LaHood Rodriguez years back determined to balance the meet all day today with the adminis- Dicks Lampson Roemer budget. We met all kind of resistance. tration and with the minority party on Doggett Lantos Rogan We were told that we cannot do it, and that one bill. And if we have to, we will Dooley Largent Rogers we did not get much support from the go into the night. And if it takes going Doolittle Larson Rohrabacher Doyle Latham Ros-Lehtinen other side to balance the budget. But into the night, we are going to do it. Dreier LaTourette Rothman we balanced it, and today they will And then we will be accused, of course, Duncan Leach Roukema stand and take credit for it. of doing something in the dark of Edwards Lee Roybal-Allard We turned the tables on those who Ehlers Levin Royce night. But if we are going to work 16 or Ehrlich Lewis (CA) Rush were downsizing our national defense, 18 hours a day, a lot of that time is Emerson Lewis (GA) Ryan (WI) and we began to rebuild. We began to dark time. Engel Lewis (KY) Ryun (KS) replace spare parts that were needed. We are going to work to get the peo- English Linder Sabo Eshoo Lipinski Salmon We began to create a much better qual- ple’s job done. We are not here to make Etheridge LoBiondo Sanchez ity of life for people in our military. political campaign speeches in this Evans Lofgren Sandlin We gave them the largest pay raise last House. We are here to do our job in a Everett Lowey Sanford year, another pay raise this year that Ewing Lucas (KY) Sawyer responsible fashion. We are here to put Farr Lucas (OK) Saxton the Congress initiated, but the admin- the people’s business above politics. Filner Luther Scarborough istration is taking credit for it. We bal- When we leave here, we will go home Fletcher Maloney (CT) Schaffer anced the budget. We have a surplus. and that is where we will do our poli- Foley Maloney (NY) Schakowsky Mr. Speaker, since I became chair- Forbes Manzullo Scott tics. Fossella Markey Sensenbrenner man of the Committee on Appropria- Mr. Speaker, I ask for a ‘‘yes’’ vote Frelinghuysen Mascara Sessions tions, we have not spent one dime out on the CR, and I yield back the balance Frost Matsui Shadegg of the Social Security Trust Fund, and Gallegly McCarthy (MO) Shaw of my time. Gejdenson McCarthy (NY) Sherman yet there are those candidates running The SPEAKER pro tempore (Mr. Gekas McDermott Sherwood around the country today saying, ‘‘Oh, PEASE). All time for debate has ex- Gephardt McGovern Shimkus be careful of those Republicans. They pired. Gibbons McHugh Shows are going to destroy your Social Secu- Gillmor McKeon Shuster The joint resolution is considered as Gilman McKinney Simpson rity.’’ Not true, Mr. Speaker. That is a having been read for amendment. Gonzalez McNulty Sisisky phony argument and a phony accusa- Pursuant to House Resolution 646, Goode Meehan Skeen tion. We are the ones who stopped the Goodlatte Meek (FL) Skelton the previous question is ordered. Goodling Meeks (NY) Slaughter raid on the Social Security fund. The question is on the engrossment Gordon Menendez Smith (MI) We have a record to be proud of in and third reading of the joint resolu- Goss Mica Smith (NJ) our appropriations bills. We are proud tion. Graham Millender- Smith (TX) of that record too because this House Granger McDonald Smith (WA) The joint resolution was ordered to Green (TX) Miller (FL) Snyder of Representatives under our leader- be engrossed and read the third time, Green (WI) Miller, Gary Souder ship passed all of our appropriations and was read the third time. Greenwood Minge Spence Gutierrez Mink Stabenow bills a long time ago. The holdup and The SPEAKER pro tempore. The the delay has not come from the House. Gutknecht Moakley Stearns question is on the passage of the joint Hall (OH) Moore Stenholm The additional spending, the additional resolution. Hall (TX) Moran (KS) Strickland projects have not come from the House. The question was taken; and the Hansen Moran (VA) Stump But, Mr. Speaker, one of the biggest Hastings (FL) Morella Sununu Speaker pro tempore announced that problems is all of the extraneous mate- Hastings (WA) Murtha Sweeney the ayes appeared to have it. Hayes Myrick Tancredo rial, the 69 campaign speeches we have Mr. OBEY. Mr. Speaker, I object to Hayworth Nadler Tanner heard in the last 2 months. Those cam- Herger Napolitano Tauscher the vote on the ground that a quorum paign speeches have talked about pol- Hill (IN) Neal Taylor (MS) is not present and make the point of Hill (MT) Nethercutt Taylor (NC) icy issues that some people would like order that a quorum is not present. Hilleary Ney Terry to decide on in an appropriation bill. Hinojosa Northup Thomas The SPEAKER pro tempore. Evi- Well, there is a regular order in this Hobson Norwood Thompson (CA) dently a quorum is not present. House of Representatives on how we Hoeffel Nussle Thornberry The Sergeant at Arms will notify ab- Hoekstra Oberstar Thune deal with those issues. We have numer- sent Members. Holden Obey Thurman ous authorizing committees that have Holt Ortiz Tiahrt The vote was taken by electronic de- the jurisdiction and the responsibility Hooley Ose Tierney vice, and there were—yeas 366, nays 13, Horn Owens Toomey to deal with those big issues. It has not voting 53, as follows: Hostettler Oxley Towns long been a practice that appropriation Houghton Packard Traficant bills are appropriation bills and we do [Roll No. 563] Hoyer Pallone Turner YEAS—366 Hulshof Pascrell Udall (CO) not legislate on appropriation bills, un- Hunter Paul Udall (NM) less there is an exceptionally valid rea- Abercrombie Bliley Castle Hyde Payne Upton son to do so. Ackerman Blumenauer Chabot Inslee Pease Velazquez But now they want us to take all of Aderholt Blunt Chambliss Istook Pelosi Vitter Allen Boehlert Clayton Jackson (IL) Peterson (MN) Walden the philosophical issues that are out Andrews Boehner Clement Jackson-Lee Petri Walsh there and lump them on to an appro- Archer Bonilla Clyburn (TX) Phelps Wamp priation bill without hearings, without Armey Bonior Coble Jenkins Pickering Waters Baca Bono Coburn the opportunity for the House to deal John Pickett Watt (NC) Bachus Borski Collins Johnson (CT) Pitts Weldon (FL) with those issues directly. They want Baker Boswell Combest Johnson, E. B. Pombo Weldon (PA) to lump them on to an appropriation Baldacci Boucher Condit Jones (NC) Pomeroy Weller bill. And why is that? Because appro- Baldwin Boyd Conyers Jones (OH) Porter Wexler Ballenger Brady (PA) Cook Kanjorski Portman Weygand priation bills have to pass. If appro- Barcia Brady (TX) Cooksey Kelly Price (NC) Whitfield priation bills do not pass, then the gov- Barrett (NE) Brown (FL) Coyne Kennedy Pryce (OH) Wicker ernment does not function. Barrett (WI) Brown (OH) Crane Kildee Quinn Wilson Bartlett Bryant Cubin Mr. Speaker, we have approached our Kilpatrick Radanovich Wolf Bass Burr Cummings Kind (WI) Rahall Woolsey responsibilities in what I think is a Becerra Burton Cunningham King (NY) Ramstad Wu very responsible way. I would prefer Bentsen Buyer Davis (FL) Kleczka Rangel Wynn not to be here today with this one-day Bereuter Callahan Davis (IL) Knollenberg Reyes Young (AK) Berkley Calvert Davis (VA) Kucinich Reynolds Young (FL) continuing resolution. We tried to Berman Camp Deal Kuykendall Riley meet yesterday with representatives Berry Canady DeGette from the President’s office. They were Biggert Cannon Delahunt NAYS—13 Bilirakis Capps DeLauro not available to us yesterday so that Baird Costello Dingell Bishop Cardin DeLay Capuano DeFazio Ford we could work on the last bill. There is Blagojevich Carson DeMint H11368 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Frank (MA) Miller, George Visclosky b 1018 PRIVILEGES OF THE HOUSE—IN Hilliard Pastor THE MATTER OF REFUSALS TO Kaptur Stupak Mr. GUTIERREZ changed his vote COMPLY WITH SUBPOENAS NOT VOTING—53 from ‘‘nay’’ to ‘‘yea.’’ ISSUED BY COMMITTEE ON RE- Barr Hefley Mollohan So the joint resolution was passed. SOURCES Barton Hinchey Olver Mr. YOUNG of Alaska. Mr. Speaker, I Bilbray Hutchinson Peterson (PA) The result of the vote was announced Campbell Isakson Regula as above recorded. rise to a question of the privileges of Chenoweth-Hage Jefferson Sanders the House and, by direction of the Clay Johnson, Sam Serrano A motion to reconsider was laid on Shays Committee on Resources, I call up a Cox Kasich the table. privileged report (Rept. No. 106–801). Cramer Kingston Spratt Stark Crowley Klink Stated for: The SPEAKER pro tempore. The Talent Danner Kolbe Tauzin Clerk will read the report. Lazio Mr. TAUZIN. Mr. Speaker, on rollcall No. Dickey Thompson (MS) The Clerk read as follows: Dixon Martinez Watkins 563, I was inadvertently detained. Had I been CONTEMPT OF CONGRESS Dunn McCollum Watts (OK) present, I would have voted ``yea.'' Fattah McCrery Waxman Fowler McInnis Weiner Franks (NJ) McIntosh Wise REPORT ON THE REFUSALS TO COMPLY WITH Ganske McIntyre SUBPOENAS ISSUED BY THE COMMITTEE ON Gilchrest Metcalf RESOURCES October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11369 H11370 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11371 H11372 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11373 H11374 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11375 H11376 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11377 H11378 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11379 H11380 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11381 H11382 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11383 H11384 CONGRESSIONAL RECORD — HOUSE October 27, 2000 October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11385 Mr. YOUNG of Alaska (during the poena before the Subcommittee on Energy it can be ignored. If Members think a reading). Mr. Speaker, I ask unanimous and Mineral Resources of the Committee on subpoena means something, then they consent that the report be considered Resources. will vote for this substitute resolution. (2) The refusal by Mr. Henry M. Banta to as read and printed in the RECORD. If they think committees, in their answer questions while appearing under sub- The SPEAKER pro tempore (Mr. poena before the Subcommittee on Energy oversight roles, not the witnesses, PEASE). Is there objection to the re- and Mineral Resources of the Committee on should define the questions at a hear- quest of the gentleman from Alaska? Resources. ing, then they will vote in favor of re- There was no objection. (3) The refusal by Ms. Danielle Brian porting the facts relating to the refusal Mr. YOUNG of Alaska. Mr. Speaker, Stockton to answer questions while appear- of Ms. Brian, Mr. Berman, and Mr. by direction of the Committee on Re- ing under subpoena before the Subcommittee Banta to answer questions posed by the sources, I offer a privileged resolution on Energy and Mineral Resources of the gentlewoman from Wyoming (Mrs. Committee on Resources. (H. Res. 657) and ask for its immediate CUBIN) and her subcommittee. consideration. Mr. YOUNG of Alaska (during the On institutional grounds alone, every The Clerk read the resolution, as fol- reading). Mr. Speaker, I ask unanimous Member, Democrat, Independent, Re- lows: consent that the amendment in the na- publican, should support this contempt H. RES. 657 ture of a substitute be considered as resolution. Every Member should also Resolved, That pursuant to sections 102 and read and printed in the RECORD. support the report on the merits as 104 of the Revised Statutes of the United The SPEAKER pro tempore. Is there well. States (2 U.S.C. §§ 192 and 194), the Speaker of objection to the request of the gen- Mr. Speaker, this all started 18 the House of Representatives shall certify to tleman from Alaska? months ago, when the gentlewoman the United States Attorney for the District There was no objection. from Wyoming (Mrs. CUBIN) and I read of Columbia the report of the Committee on Mr. YOUNG of Alaska. Mr. Speaker, alarming press reports. These reports Resources detailing (1) the refusal of Mr. in the event that the amendment is detailed government employees within Henry M. Banta; Mr. Keith Rutter; and Ms. agreed to, I ask that the question on Danielle Brian Stockton to produce papers the departments we oversee being paid subpoenaed by the Committee on Resources adoption of the resolution be divided and using proceeds from a whistle- and the refusal of each to answer questions within section 2 so that refusal of each blower lawsuit called Johnson and while appearing under subpoena before the of the three named individuals will be Shell. Subcommittee on Energy and Mineral Re- voted on separately. That successful whistleblower suit is sources; (2) the refusal of the Project on Gov- The SPEAKER pro tempore. The now basically settled. It returned over ernment Oversight, a corporation organized Chair would advise the gentleman that $400 million to the U.S. Treasury. But in the District of Columbia, to produce pa- if the amendment to the resolution is pers subpoenaed by the Committee on Re- serious questions about the payments adopted, the question on adoption of to Federal employees from the whistle- sources; and (3) the refusal of Mr. Robert A. the resolution, as amended, under the Berman to answer questions while appearing blower share of the Johnson and Shell under subpoena before the Subcommittee on precedents, is grammatically and sub- settlements forced us to launch an Energy and Mineral Resources, to the end stantively divisible among the three oversight review in the process. We that Mr. Henry M. Banta; Mr. Robert A. Ber- paragraphs of section 2. There would issued document requests and, as we man; Mr. Keith Rutter; Ms. Danielle Brian then be an opportunity for a separate learned more about the payments, we Stockton; and the Project on Government vote on the certification of each indi- scheduled hearings. Oversight be proceeded against in the man- vidual. The question will be so divided ner and form provided by law. In those hearings, the gentlewoman at the appropriate time. from Wyoming exposed details of a se- The SPEAKER pro tempore. The res- Mr. YOUNG of Alaska. Mr. Speaker, I cret plan hatched years earlier by a olution constitutes a question of privi- yield myself such time as I may con- group called POGO, the Project on lege under rule IX. The gentleman from sume. Government Oversight. The plan was Alaska (Mr. YOUNG) is recognized for 1 (Mr. YOUNG of Alaska asked and was to pay two government oil royalty ex- hour. given permission to revise and extend perts huge, and I mean huge, sums of Mr. YOUNG of Alaska. Mr. Speaker, his remarks.) money from the Johnson and Shell set- for purposes of debate only, I yield 30 Mr. YOUNG of Alaska. Mr. Speaker, I tlement. minutes to the gentleman from Cali- filed a supplemental report yesterday. POGO used the Federal employees to fornia (Mr. GEORGE MILLER). It changes only a technical error on learn information about the court- AMENDMENT IN THE NATURE OF A SUBSTITUTE the cover page of Report 106–801 filed sealed Johnson and Shell lawsuit. I re- OFFERED BY MR. YOUNG OF ALASKA by me on July 27, 2000. peat, the court-sealed Johnson and Mr. YOUNG of Alaska. Mr. Speaker, I Digressing from my statement. My Shell lawsuit. And then POGO filed its offer an amendment in the nature of a colleagues in this body, this is a very own suit making the same allegation substitute. serious time, and I hope that Members on top of the Johnson and Shell law- The SPEAKER pro tempore. The will take the time to listen to both suit. Clerk will report the amendment in the sides of this argument and make a de- b nature of a substitute. cision by voting favorably on this reso- 1030 The Clerk read as follows: lution. Settlement proceeds from POGO’s Amendment in the nature of a sub- The resolution now before the House share were then funneled to the gov- stitute offered by Mr. YOUNG of Alaska: reports the refusal of three subpoenaed ernment insiders. Strike all after the resolving clause and in- witnesses to answer questions at hear- The gentlewoman from Wyoming sert the following: ings of the Subcommittee on Energy (Mrs. CUBIN) and her subcommittee dis- SECTION 1. CERTIFICATION OF REPORT RE- and Mineral Resources of the Com- covered how POGO had already split QUIRED. mittee on Resources, chaired by the nearly a million dollars from Federal Pursuant to sections 102 and 104 of the Re- vised Statutes of the United States (2 U.S.C. gentlewoman from Wyoming (Mrs. employees. She discovered their writ- 192 and 194), the Speaker of the House of Rep- CUBIN). The questions were critical to ten agreements. She discovered their resentatives shall certify the report of the the committee’s oversight. plans to take $7 million in total from Committee on Resources (House Report No. Every Member of this House, Demo- the whistleblowers’ lawful reward. She 106–801) detailing the refusals described in crat, Republican and Independent, discovered their plan split the bounty section 2 to the United States Attorney for should support this resolution. If not, with the Federal Government employ- the District of Columbia, to the end that we undercut the future capability of ees. She discovered how the Depart- each individual referred to in section 2 be this Congress and future Congresses to ment of Justice told POGO not to proceeded against in the manner and form provided by law. get information we will need to do our make the payments. May I stress that job required by Article One of the Con- again. She discovered how the Depart- SEC. 2. REFUSALS DESCRIBED. The refusals referred to in section 1 are the stitution. ment of Justice told POGO not to following: The resolution is about whether the make those payments. (1) The refusal of Mr. Robert A. Berman to authority of a subpoena from a House The Committee experienced major, answer questions while appearing under sub- committee means anything or whether major stonewalling from those cited in H11386 CONGRESSIONAL RECORD — HOUSE October 27, 2000 this resolution while inquiring about how we used Government employees to the intentions were made known, this the scheme. The culprits say that they, leach settlements from the true whis- committee served not a single sub- not Congress, determine what the tleblowers in the Johnson suit. They poena on those oil companies, this American people will know about the say, we will not tell you about our se- committee sent not a single letter to largest payoffs ever accepted by Fed- cret agreements to make payments to those oil companies asking them how eral employees. That stonewalling Federal oil policy insiders who helped they could defraud the Government of probably constitutes a Federal mis- them. the United States. demeanor known as contempt of Con- To protect our mandate as Members Instead, this committee rounded up gress. A vote by the House is required of the House, our mandate to gather in- four individuals and started badgering to begin enforcement and condemn the formation and facts needed by the peo- them in a hearing that had no defini- payoffs, which is why we consider the ple to legislate and oversee Federal tion, no parameters, and changed direc- report and resolution today. agencies, as I have said before, we, as a tion numerous times. That oversight review included exam- Congress, must adopt this resolution. But the core finding is clear and con- ining whether the two federal insiders, We must stand up for the people’s right vincing. Fifteen oil companies settled Robert A. Berman of Interior or Robert to know what happened in this payoff. for almost half a billion dollars, set- A. Speir of Energy, sold Government The substitute resolution I have of- tled. How much more of American tax- secrets or exercised influence to favor fered will authorize the Speaker to cer- payer has been denied we will not know those who paid them. tify to the U.S. Attorney only the re- because of that settlement. This is The Committee on Resources, under fusal of Henry M. Banta, Robert A. about what happens to an American its rules, authorized me to issue sub- Berman, and Danielle Brian Stockton citizen when the full force and effect of poenas on this manner. After it became to answer questions while appearing the Federal Government and the Con- clear that the key players would not under subpoena before the Committee. gress of the United States comes down provide good-faith cooperation to the This is done in light of new evidence on their head because this was not a subcommittee of the gentlewoman suggesting that POGO and Banta paid situation where these citizens have from Wyoming (Mrs. CUBIN), I issued Berman for influencing regulations. been charged with anything, indicted subpoenas for important documents. And that documentation is in the re- of anything, tried for anything, or con- Later, the participants refused re- port. This is a very serious felony. victed of anything. There is a notion in There is no longer an interest in quests for voluntary interviews. So I the majority’s head that these people grouping Mr. Rutter and the other offi- issued subpoenas for witnesses to ap- somehow are involved in criminal ac- cers or directors of the corporation pear before the Subcommittee on En- tivity. So far, the only showing of any known as POGO with serious felons. ergy and Mineral Resources chaired by of that will be if the suggestion is that Nor does the Committee on Resources the gentlewoman from Wyoming (Mrs. some criminal liability attaches for wish to needlessly compound the CUBIN). failing to answer the question. charges by having Banta and Stockton Those subpoenas did not mean much But, mind you, the Supreme Court of face two misdemeanor counts each to the key players in this scandal. the United States is very, very cog- along with the serious charges which They were denied. The gentlewoman nizant of the force and the effect of the now seem certain. from Wyoming (Mrs. CUBIN) and the My colleagues will hear that this is United States Government when it subcommittee were very fair. Her sub- all about big oil, it is about a so-called comes down on a private citizen; and it committee’s oversight, as far as it whistleblower. This is nothing to do says that, when it asks a citizen a could go, was an excellent example, I with the whistleblower. In fact, the question in a hearing like this, it must believe, of responsible Government. whistleblower testified before our com- do something that is very important, it Under the statute, if the House mittee that the suit was filed on top of must show that citizen, because that adopts this report, the Speaker is au- his so they could gather the money to citizen must make a snap decision be- thorized to present the facts to the be paid to these Federal employees. cause liability attaches as to whether United States Attorney for the District It is probably one the most corrupt or not they are going to ask that ques- of Columbia. actions by Federal employees under a tion over and over, the Supreme Court Consistent with the constitutional sealed document where they issued in- has told this Congress of the United separation of powers, we do not weigh formation that was confidential to, in States that it must show them that the evidence of refusal to comply with fact, receive reimbursement. that question is pertinent to the inves- subpoenas against the reasonable doubt This is about this Congress and the tigation. standard of proof. next Congress and the Congresses in Now, the questions that they asked Our obligation is to report the facts the future. If we do not adopt this reso- these individuals were questions where as we know them. To fail to make this lution, then we have said to ourselves they were wandering around in side-bar report will surrender authority over that this Congress no longer counts in litigation that had nothing to do with oversight to witnesses rather than re- seeking the truth. the writing of the regulations. And serving it to the House as placed by the Mr. Speaker, I reserve the balance of these witnesses, while they provided Constitution. my time. thousands and thousands of documents, To put it simply, these parties have Mr. GEORGE MILLER of California. while they have answered hundreds and left no choice for the Congress. They Mr. Speaker, I yield myself such time hundreds of hours of questions in depo- refuse to comply. as I may consume. sitions and elsewhere, where the com- May I remind Members on both sides Mr. Speaker, this matter this morn- mittee, in fact, had the evidence that of the aisle, if they do not adopt this ing is a serious matter because poten- they were seeking in the depositions in resolution, if they do not adopt this re- tially for three citizens of the United the other case, they have now decided port, if they do not adopt what I am States criminal liability may attach. that they are going to make victims of asking today, future Congresses will be But as serious as this matter is for these four people. thumbed at and told to forget their those three individuals, this matter is The victims here are the taxpayers of role as oversight. not about what the chairman of my the United States who were defrauded These people offered and accepted the committee just said it is about. of half a billion dollars or more by 15 largest payoffs ever made by Federal This is about three or four individ- oil companies. bureaucrats. But they claim the arro- uals that blew the whistle on a plan by Mr. Speaker, I reserve the balance of gant, self-serving privilege to tell the 15 oil companies to deny the American my time. United States that they may not ask taxpayers of the revenues that they Mr. YOUNG of Alaska. Mr. Speaker, I certain questions about their agree- were entitled to through the royalty yield 8 minutes to the good gentle- ment, what they knew, and how they program for oil taken off of the public woman from Wyoming (Mrs. CUBIN), knew it. lands that are owned by the people of the chairman of the subcommittee that They say to us, we will not tell you the United States. conducted most of the hearings. how we used Government insiders to Since that whistle has been blown Mrs. CUBIN. Mr. Speaker, I rise learn information. We will not tell you and that program was discovered and today because I have a solemn duty to October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11387 inform the House of the investigation warded $383,000 each already. They had time is conducting an investigation which I, as the chairman of the Sub- a signed agreement that they would be into all of the activities having to do committee on Energy and Minerals, awarded that amount of money and, if with the payments and the proceeds of was assigned to lead. the agreement had been adhered to, the lawsuit. Our job is to vote on the I am very saddened by the remarks of they would have received another $4 resolution to adopt this report, saying the previous speaker because he knows million between them. that the Speaker is authorized to very well that is not what this case is Just a few days ago, the Committee present the facts of this report to the about. obtained from the Department of Jus- United States Attorney for the District I rise today to uphold this body’s tice the smoking gun, which estab- of Columbia. The United States Attor- constitutional right to conduct lawful lishes that at the very time POGO and ney will then place the matter before a and thorough investigative oversight the two Federal employees were con- grand jury. The grand jury, not the hearings on issues that are important ducting this arrangement, that Robert House, will decide whether any or all of to the American people. This is not Berman, the Interior employee, was ac- these parties will be found with con- something that we choose to do. This is tively engaged in drafting a new regu- tempt. The people cited in this report something that we swear we will do lation dealing with the collection of oil have defied this body’s constitutional when we raise our hand and take the royalties. right to ask the why and the how about oath that we will support the Constitu- These regulations were being sought the largest payoffs ever accepted by tion and the laws of this body. by POGO. The regulations indirectly Federal employees. The American peo- This issue actually stems from the benefit POGO chairman and directly ple have a right to know. That is the filing of a False Claims Act lawsuit in benefit his clients, who are in the busi- nature of today’s resolution. a Federal courthouse in Texas by two ness of collecting oil royalties. I hope that everyone will vote in sup- whistleblowers who uncovered royalty The key players in the investigation port of the authority of the Congress of underpayments by major oil companies were issued subpoenas, as was stated the House of Representatives. to States, local governments, and to by the chairman of the Committee on Mr. GEORGE MILLER of California. the Federal Government. Resources, but they refused to answer Mr. Speaker, I yield 2 minutes to the The fact is these two whistleblowers questions. The Subcommittee on En- gentleman from Oregon (Mr. DEFAZIO). are named Benjamin Johnson and John ergy and Mineral Resources asked Mr. DEFAZIO. Mr. Speaker, the es- Martinek. These are the good guys. Danielle Brian Stockton, the executive teemed chairman said earlier this is a These are the private citizens who ex- director of POGO; Henry Banta, the question about whether Congress no posed the major oil companies’ under- chairman of the POGO board; and Bob longer counts in seeking the truth. The payment of royalties. They are respon- Berman questions. question is bigger than that. The ques- sible for getting an additional $400 mil- Let me tell my colleagues the ques- tion is does Congress count in seeking lion for Federal, State, and local gov- tion that they were asked, direct ques- the whole truth? This is a scandal of ernments, in other words for American tions about how POGO and the Federal huge proportions. A smaller scandal citizens. employees learned about this sealed during the Harding administration, Johnson and Martinek should be lawsuit in the Eastern District of Teapot Dome, rocked Washington and commended for their efforts in stop- Texas. the country, brought down powerful ping this illegal practice. There is no This is a quote from the Record. figures. question in anyone’s mind that the oil Mr. Banta: ‘‘I believe that issue is The American people were defrauded companies should pay every single not pertinent to the inquiry of this of $438 million, at least, by Big Oil. And penny that they owe in royalties. That Committee.’’ who is our committee pursuing? A few is in everyone’s best interest. It is the individuals and a nonprofit. The chair- b 1045 law and it must be done. man talked about the huge payments But the problem in this case is that Ms. Brian: ‘‘I will not answer that these folks got. Guess what? There the whistleblowers case was sealed in question because of my pertinence.’’ may have been some improprieties. It the Eastern District of Texas, and what Mr. Berman stated another answer to is being investigated. But their huge that means is no details of the suit another question: ‘‘I will not answer payments are less than one-tenth of 1 could be released outside the court- this subcommittee’s questions.’’ percent of the money of the fraud that house but the very existence of the suit In other words, these people were was committed by the largest oil com- could not be established either. The ex- saying they would determine what panies in the world against the Amer- istence had to be kept secret. were pertinent questions for them to be ican people, the American public and However, somebody leaked the de- asked in our investigation. They were the Americans’ resources. I would be tails of that secret lawsuit to the saying they would decide what ques- willing to pay one-tenth of 1 percent to Project on Government Oversight tions could be asked and be made perti- uncover these sorts of corruption and (POGO). That insider information al- nent. underpayment. These are the same lowed POGO to file a nearly identical Ask yourself, how well would the companies, of course, that today are lawsuit in the same court in Eastern American people have been served if ripping off the American consumers. Texas. the tobacco company executives re- Their earnings have doubled. Number Now, could that be a coincidence? No, fused to answer the questions that they one, of course in doubling of earnings is when we consider there are 91 Federal were asked? Exxon Mobil, $58.8 billion. Not bad. courts in the United States. Ask yourself, will Firestone and Ford They were number three here in de- The Committee on Resources inves- Motor Company executives have to an- frauding the American public. tigation focused on two Federal em- swer questions put to them by commit- Now, how much time has the com- ployees, Robert Speir and Robert Ber- tees when the committees are trying to mittee spent subpoenaing the very man. Mr. Spear is with the Department protect the safety and the very lives of well-paid CEOs and highly paid execu- of Energy. Mr. Berman is currently an American people? tives of these companies? None. Zero. employee with the Department of Inte- The Constitution and the rules of the None. Not one second has been spent by rior. They are suspected of leaking the House of Representatives are clear on the majority in investigating what Big details of that lawsuit to POGO. this point. The House must conduct Oil did to defraud the American public Again, the whistleblowers are the oversight hearings, and the House and and whether that fraud is still going on ones who filed the original suit. Well, only the House is the judge of what an- today, because these huge profits are POGO had been lobbying looking for a swers they need to questions in a thor- coming from somewhere. We know they lawsuit to file, and they also had been ough oversight review. are coming from the American tax- lobbying for changing oil valuation I have to remind you, we are not here payers’ pockets. Is it also coming from rules. These two employees’ rewards today to vote on the guilt or the inno- our precious natural resources? Are for doing what they did, for releasing cence of the three people who are cited they still underpaying? We do not the information and for assisting in in this resolution. That is up to the De- know. Because the committee has no changing oil valuation rules, were re- partment of Justice, which at this very time for that. But it can relentlessly H11388 CONGRESSIONAL RECORD — HOUSE October 27, 2000 pursue a couple of low-ranking govern- can do it. I cannot be responsible for is a lot of teachers, that is a lot of ment officials who uncovered this those kinds of things. I can only an- roads, that is a lot of police officers. fraud. swer for my own. I have seven pages of They did good work in uncovering This is a fraud on the American peo- bills that I have been associated with, fraud and abuse. $438 million. And be- ple. This whole process is a fraud on including committee responsibility in cause of the change in the formula the American people. the area of minerals and oil and royal- now, OMB projects there will be 66 ad- Mr. YOUNG of Alaska. Mr. Speaker, I ties where I think I can stand on my ditional million dollars coming into yield 4 minutes to the gentleman from record. the Federal Treasury because the oil Hawaii (Mr. ABERCROMBIE), a member So I want to refer then to what I companies will be paying market price. of the committee that really sat in on think are the compelling reasons here. this program. The power of future Congresses to exer- Yet instead of looking at the sys- Mr. ABERCROMBIE. Mr. Speaker, I cise oversight of Federal agencies and temic underpayment, and they uncov- rise in support of this request of the to uncover waste, fraud and abuse by ered seven different ways that they un- body. using its constitutional authority to derpaid the government, yet this com- Mr. Speaker, because of the activi- compel testimony and evidence will be mittee did not have one hearing on the ties of some other committees in this severely harmed if the report is not systemic underpayment by the oil com- Congress, the investigation power, the adopted. This Congress must pursue panies. And here they are. Why do we oversight responsibilities of the Con- this matter and seek sanctions for the not have some hearings on this? As my gress and its committees has come into refusal to answer questions about it. colleague pointed out, there is an arti- some disrepute. There is no question And, finally, the U.S. Attorney may cle today in the Washington Post and about that. And anytime you do over- not act unless the House passes this it reports that the highest energy sight and investigation, you are bound resolution. That action cannot be de- prices since the 1990 Persian Gulf crisis to have the kinds of emotional re- ferred because the underlying sub- have produced a financial bonanza for sponses such as we just heard, because poenas expire with the 106th Congress, the Nation’s three largest oil compa- there are very real issues involved, so a Federal grand jury impaneled in nies which yesterday reported quar- fraud, deception, misrepresentation, et the District of Columbia needs to re- terly profits totaling a record $7 bil- cetera. ceive it. Voting for the report does not lion, double last year’s earnings. I am sorry to say that the character constitute a verdict or an indictment. Mr. Speaker, I include for the and the tenor of some of the investiga- The report if passed will allow the tion activities has resulted in, I will grand jury to do its work. RECORD other editorials that have ap- not say contempt for but certainly sus- Mr. GEORGE MILLER of California. peared around this country. picion of any activities by any congres- Mr. Speaker, I yield 5 minutes to the [From the Casper Star-Tribune, July 28, 2000] sional committee with respect to its gentlewoman from New York (Mrs. CUBIN GOES ASTRAY WITH ATTACK ON investigation and oversight respon- MALONEY). sibilities. This goes all the way back to (Mrs. MALONEY of New York asked WHISTLEBLOWERS the time of the un-American activities and was given permission to revise and Wyoming’s lone representative in Con- and un-American activities commit- extend her remarks.) gress, Barbara Cubin, seems to have lost her tees, all their notorious investigations Mrs. MALONEY of New York. Mr. way. Cubin has been using her House Energy which had as their object I think by Speaker, I rise to oppose this resolu- subcommittee to launch an attack on the general conclusion of history at least tion in the strongest possible terms. nonprofit watchdog group, Project on Gov- the humiliation of other people and the This highly-partisan, misguided resolu- ernment Oversight (POGO). POGO inves- pursuit of partisan purposes which had tion has absolutely no business being tigates whistleblower allegations that cer- tain mineral industries are cheating the very little to do with the ostensible in- on the floor of the House today in the American public by not paying royalty pay- vestigatory objectives which were an- final hours of this session. ments when taking mineral resources found nounced when these investigations and As many of my colleagues know, I on federal land—as required by law. inquiries began. have been involved for years working But, Mr. Speaker, I have concluded on issues related to Federal oil royal- Recently, a number of oil companies set- tled a lawsuit filed by POGO that alleged that this particular investigation and ties and I have worked tirelessly in a that they systematically underpaid royalties the manner in which it has been con- bipartisan way along with the gen- on oil produced. POGO gave a portion of that ducted, regardless of whether it should tleman from California (Mr. HORN) of settlement as public service awards to two have been broader or should have been the Committee on Government Reform. federal employees who helped POGO make deeper, gone into other things, those What we looked into, put simply, is its case against the oil companies. are legitimate questions that could be that we discovered that the oil indus- Under Cubin’s direction, her subcommittee raised and the chairman can answer it try is required, of course, to pay royal- is investigating those service awards, instead or not answer it as he will. But with re- ties to the Federal Government based of those companies accused of cheating the spect to the activities that are cited in on the value of the oil taken out of the American taxpayers by underpaying on fed- this resolution, I think we have to up- Federal land that is owned by the peo- eral royalties. hold not only the right but the obliga- ple of this country. But what we found We take no position on whether POGO tion of the committee to pursue it. is that they were paying prices to the broke the law by offering the awards or There is enough information here to government that was much lower than whether the federal employees did by accept- convince me that a serious breach of the price that they were paying them- ing them. However, fairness demands that if public trust may have occurred. The selves. They were keeping two sets of two employees working to uncover royalty grand jury must be given the tools it books, one for themselves and one for fraud should be victims of a politically moti- needs follow this investigation wher- the people of America. And guess who vated investigation, then surely the sub- committee’s attention should be directed at ever it leads, and this report is one of was making the record profits? The oil the oil companies that have settled lawsuits those tools. Congress has an oversight companies. alleging that they cheated the public out of responsibility, no matter which party The gentleman from California (Mr. vast amounts of money over the years. is in the majority. If I refuse to support HORN) and I issued several reports; and One doesn’t fix the system by attacking this report, this resolution, I believe I as a result of our hearings and inves- those who are trying to ferret out fraud. am undermining the authority of fu- tigations by GAO that documented the Cubin should turn her attention to the prob- ture Congresses, including ones with underpayment, there has been a change lem of royalty underpayment, which would Democratic majorities, to exercise in the way that the oil companies now be a more legitimate exercise of the power of their oversight responsibilities. pay the Federal Government. They now her subcommittee. I cannot answer for other people’s pay market price. That is what is fair. The direction Cubin has taken with her motives. If you want to insist that the When you look at these settlements, subcommittee makes one wonder whether Republicans are doing something for POGO has been part of lawsuits that her loyalties lie with the American taxpayer partisan reasons or the Democrats are have resulted in $438 million coming or with the extractive industries that con- responding for partisan reasons, you back into the Federal Treasury. That tribute so much to her campaign fund. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11389 [From the Anchorage Daily News, May 16, has forgotten those events of only a few accused of underpaying the government on 2000] years ago now that his actions so closely re- royalties. The case has produced nearly $500 YOUNG FORGETS WHISTLE-BLOWERS’ VALUE, semble the very whistle-blower retaliation million in settlements. POGO did not benefit RISK he admonished. from most of those settlements, but was (By Stan Stephens, Walter Parker and Billie Further inquiry into the POGO matter re- awarded $1.2 million from one of the earlier Garde) veals that indeed Young’s allegations are cases. baseless. He condemns the payments to the When the group decided to share $700,000 of Recently, a subcommittee of Chairman whistle-blowers yet ignores that POGO the money with two government workers Don Young’s House Resources Committee sought professional legal and accounting ad- who had been trying to correct the royalty began to hold hearings on the activities of a vice on how to report the payments to the abuses it caught the attention of Republican watchdog group, the Project On Government IRS. He also ignores the fact that POGO in- lawmakers. The House Resources Committee Oversight. Those activities included a law- formed the Justice Department of its inten- that Young chairs began an investigation suit filed by POGO that alleged that oil com- tion to make the payments before it did so. into whether there was an improper payoff. panies were shortchanging the government Whistle-blowers are a unique and integral No evidence of such has surfaced, although on royalty payments for oil leases on federal part of exposing fraud, deceit and malfea- the Justice Department continues to inves- land. POGO filed the lawsuit under the False sance in industry and government. Very tigate. Claims Act, which allows a group or indi- often, they are risking ostracism from their In an interview, Brian said she and Banta vidual to sue a private company they believe colleagues, unjust firings or transfers, and had answered questions about the settlement is defrauding the government. The act also other forms of reprisal. but that the committee sought details about grants them a percentage of any fine levied They deserve our support in their efforts to the litigation still under way in Texas as a result. make workplaces safer, the environment against the oil companies. Young took umbrage with the fact that cleaner and both industry and government ‘‘They started asking questions that had POGO, upon being awarded a $1.1 million set- less riddled with graft and corruption. It nothing to do with our decision to turn tlement in the case, paid two whistle-blowers seems that our congressman needs once money over to the whistleblowers,’’ she said $380,000 each for their decadelong work in again to be reminded of that. Thursday. bringing these abuses to light. Never mind that the oil industry settled [From the New York Times, Oct. 27, 2000] [From the New York Times, May 24, 2000] the case for more than $300 million, all but SEE DON JUMP, JUMP, DON, JUMP HOUSE MULLS RARE CONTEMPT CITATION admitting that it indeed had been stealing Any public servant should be glad to see a WASHINGTON (AP).—Despite the rush to- from the federal government for years. That vast taxpayer rip-off exposed and set right. apparently didn’t phase Young in the slight- ward adjournment, the House is pressing Not representative Don Young, chairman est. By the way, it should be mentioned that ahead on criminal contempt charges against of the House Committee on Resources. He’s the two whistle-blowers are federal employ- a small, private watchdog group called harassing independent watchdogs at the ees, one of whom works for the Interior De- POGO—the first such proceeding in nearly Project on Government oversight. partment—certainly not Young’s favorite two decades. POGO’s offense? Pursuing investigations agency. Capitol Hill supporters of the group, the and lawsuits that helped the Treasury recov- It is unfortunate that Young has paid at- Project on Government Oversight, maintain ery some $300 million . . . from Young’s gen- tention solely to the issue of the payments the contempt citation was retribution by erous political patron, the oil industry. made to the whistle-blowers. Ignored in this some lawmakers for POGO’s campaign Mobil, Chevron, Texaco and other settled entire affair is the fact that two whistle- against major oil companies that have been out of court, all but admitting that they blowers saved the American people hundreds accused of shortchanging the government of cheated U.S. citizens out of money owed for of millions of dollars. Now they are being re- millions of dollars in royalty payments. oil pumped from public lands. Exxon, taliated against in the most draconian man- The contempt case has been pursued most Unocal, Shell and other face a trial in Sep- ner by Young. vigorously by two oil-state lawmakers—Re- tember on the same charge. Unfortunately, this conforms to the pat- publican Reps. Don Young of Alaska and Federal law allowed POGO and other tern that so many whistle-blowers have seen Billy Tauzin of Louisiana. watchdogs to share a fraction of the recov- before. Instead of having their allegations They denied any retribution and said ered money as a reward. POGO divided its investigated, they find themselves the target POGO’s executive director and a board mem- share with two whistleblowers who risked of investigations and in most cases outright ber were being charged with contempt of their government jobs to expose the rip-off. harassment and intimidation. Congress because they refused to answer sev- This generosity gave Don Young a pretext, Last February, Young issued subpoenas to eral questions at a hearing earlier this year and last year he launched an investigation of POGO asking for, among other things, copies on the group’s involvement in the oil royalty POGO, with recent hearings in Washington. of the executive director’s home telephone cases. The only thing revealed so far—Young’s records. It is remarkably odd that Alaska’s If found in contempt, the two officials— willingness to abuse his power. His sub- congressman, who prides himself on his pa- Danielle Brian and Henry Banta—could face poenas are over-reaching. Committee mem- triotism and strict adherence to the Bill of up to a year in prison and a stiff fine, al- bers and staff have badgered and berated wit- Rights, would so invade the privacy of a U.S. though the decision would be subject to ap- nesses, who are barred from making opening citizen. peal in the courts. statements on their own behalf. Would that the Interior Department issue Some Democrats accused Young of pur- ‘‘This is not a committee in search of the a subpoena asking for Don Young’s home suing the case as a favor to the oil compa- truth, this is a committee meant to punish,’’ telephone records! The resulting outcry from nies stung by POGO’s successful pursuit of says POGO Director Danielle Brian. the ‘‘congressman for all Alaska’’ would re- the royalty underpayments. ‘‘This committee has been used time and sound from Washington, D.C., to Fort Yukon Rep. George Miller, D–Calif., said Thursday again on behalf of special interests who find and back again. Twice. that while Young has aggressively pursued themselves on the wrong side of the law,’’ The recent actions of the House Resources POGO, the House Resources Committee has says Representative George Miller. He calls Committee bring to mind an incident in the held no hearings on the oil royalty abuses the hearings ‘‘a witch hunt,’’ noting Young early 1990s that many Alaskans are sure to themselves. has never held hearings on the oil compa- remember. After the Exxon Valdez spill, Instead, Miller, the committee’s senior nies’ malfeasance. Alyeska Pipeline Service Co. enlisted its se- Democrat, said Republicans were seeking to See how money in politics works? It can curity firm, the Wackenhut Corp., to inves- ‘‘punish a small nonprofit organization for lead ‘‘public’’ servants to jump to the aid of tigate a number of environmental activists exposing illegal actions.’’ their cash constituents, the public interest hoping to ferret out a whistle-blower. ‘‘It’s revenge on this government watchdog be damned. Wackenhut proceeded to place taps on tele- that had the nerve to stand up and make Big See Don jump, Jump, Don, Jump. phone lines, sift through trash bins and even Oil pay,’’ said Rep. Carolyn Maloney, D–N.Y., [From the Washington Post, Mar. 15, 2000] set up a phony environmental law firm hop- who has been among the most vocal critics ing to gain the trust of key individuals. of the federal royalty payment system. U.S. ANNOUNCES A NEW ROYALTY SYSTEM FOR When these actions were exposed, a con- Republican House leaders decided Thurs- OIL FROM FEDERAL LAND gressional inquiry was held with committee day to bring the contempt resolution up for (By Dan Morgan) hearings that included Young. Congress rig- a floor vote Friday on what could well be the After a four-year battle with the oil indus- orously denounced the actions of both last day of the 106th Congress. try and its supporters in Congress, the Clin- Wackenhut and Alyeska. The last criminal contempt resolution to ton administration announced yesterday a Young agreed, though some people would be brought to the House floor occurred in new system for collecting an additional $67.3 say with little enthusiasm, that whistle- 1983. Its target was Rita Lavelle, then head million a year in royalties on crude oil blowers who risk their careers and in some of the Superfund program at the Environ- pumped from federal land and leased off- cases their personal safety should not suffer mental Protection Agency, who had refused shore tracts. retaliation, harassment or intimidation but to appear before a House committee. The new pricing system, which will take should instead have their allegations prop- In 1997, POGO joined a Texas lawsuit effect June 1, was a victory for state govern- erly investigated. One must wonder if Young against nearly a dozen major oil companies ments, public interest groups and members H11390 CONGRESSIONAL RECORD — HOUSE October 27, 2000 of Congress who have long contended that Mr. Speaker, I feel this is terribly Now, we have finally succeeded in changing the royalties were leased on an artificially misguided. Why are we not looking at the regulations to ensure that the Federal gov- low valuation for the oil. energy policy? Why are we not inves- ernment is fairly compensated for oil taken In the future, prices will be pegged closer to the spot, or fair market prices, instead of tigating the underpayments of oil to from Federal lands. We have finally made this to an arbitrary value at the wellhead. this country? Why are we abusing whis- change that will return $66 million a year to Oil industry officials were sharply critical tleblowers who have come forward to the Treasury. and said they were keeping open the option help us learn how we can better make Now, this Congress wants to turn around of asking the courts to review the new fed- government work for the people of this and persecute and harass the Project on Gov- eral rule, pending a closer study of the com- country and close abusive loopholes ernment Oversight (POGO) a small, nonprofit, plex provisions unveiled by the Interior De- government watchdog organization, dedicated partment’s Minerals Management Service. like the one that existed for years ‘‘We’re disappointed. The agency missed an where the big oil companies kept two to exposing fraud and corruption. Why? Be- opportunity to take a complex system and sets of books, one for themselves, one cause POGO went after major oil companies make it less complicated and fairer,’’ said for the American public and the Amer- and exposed their fraud against the tax- Ken Leonard, a senior manager at the Amer- ican public lost billions and billions of payerÐa fraud that was costing us hundreds ican Petroleum Institute. He predicted that dollars? of millions of dollars in unpaid oil royalties. disputes over pricing would continue, with Mr. Speaker, I rise today to oppose this res- And now the oil companies are getting their more litigation and costs to taxpayers. olution in the strongest possible terms. This revenge. They are out to punish POGO and But Rep. Carolyn B. Maloney (D-N.Y.), who its director, Danielle Brian, for the organiza- had pressed for the change, hailed yester- highly partisan, misguided resolution has ab- day’s announcement as one that would solutely no business being on the floor of the tion's successful efforts on behalf of the Amer- ‘‘bring to an end the decades-old scam that House today in the final hours of this session. ican people. has permitted big oil companies to rip off the As many of my colleagues know, I have Mr. Speaker, this is completely unfair and American taxpayer.’’ been involved in issues relating to Federal oil makes absolutely no sense. Exxon Corp., Chevron Corp. and Shell Oil Some of my colleagues may remember the royalties for a number of years, and I have Co. are among the companies affected by the last time Congress attempted to hold someone worked tirelessly in a bipartisan fashion on new pricing mechanism. in contemptÐit was in 1983, the case of Rita Companies have paid about $300 million to these issues. Lavelle, the Director of the Superfund Program settle claims of past royalty underpayments. Put simply, in return for taking oil from fed- But industry allies, led by Sen. Kay Bailey eral lands, the oil industry is required to pay under EPA. Ms. Lavelle, a high ranking gov- Hutchison (R-Tex.), stalled a new pricing royalties to the Federal government based on ernment official, flat out refused to even ap- mechanism until last fall, when Republicans the value of the oil they take. pear before the committee investigating her and the administration finally reached a In 1996, after learning that numerous major actions. deal. What we are doing here today in the last oil companies were paying royalties based on Under the new system, nine states will re- moments of the Congress, is attacking a prices that were far lower than the market ceive about $2.4 million in new revenue annu- small, nonprofit organization who dared to ally out of the larger royalty payments to value of the oil they were buying and selling, stand up to the big oil companies. Why didn't the federal government. The amounts in- Mr. HORN and I held a hearing before the they answer some of the committee's ques- volved are small compared with the $1.2 bil- Government Management, Information and tions? Because they had absolutely nothing to lion that the federal government was paid in Technology Subcommittee to look into this 1998 for oil produced on public land and off- do with the committee's supposed investiga- shore tracts. issue. At one of those hearings, whistleblowers tion. A government watchdog group, the Project What really disappoints me about this entire and oil industry experts Robert Berman and on Government Oversight, has been pressing process is that the Resources Committee and for a revamping of the royalty system since Robert Speir testified despite considerable re- the majority have refused to focus on the 1993 and took credit yesterday for focusing sistance from their departments. Project on issues that really matterÐthey have refused to public attention on the issue. Government Oversight Executive Director But its activism has itself draw fire from investigate royalty underpayments, and they Danielle Brian also submitted written testimony Republicans in Congress. On Feb. 17, the have refused to look at legitimate ways to al- about Federal royalty underpayments. House Resources Committee issued a sub- leviate high energy prices. poena for the organization’s phone records, These hearings and subsequent investiga- So here we are on the floor in the final as part of an investigation of its payments tions by the GAO led us to conclude that nu- hours of the 106th Congress, and instead of by whistle-blowers who revealed royalty un- merous major oil companies were paying roy- derpayments for oil pumped from federal talking about prescription drugs or smaller alties based on prices that were far lower than class sizes, we are engaging in a partisan land. the market value of the oil they were buying Last week, the American Civil Liberties witch hunt against a small government watch- Union told the House panel in a letter that and selling. dog because they stood up to the big oil com- Our hearings showed that many of these the subpoena threatens freedom of speech panies. and could chill efforts by citizens groups to companies were underpaying royalties, costing Here we are just days before one of the root out waste, fraud and abuse. the American taxpayer nearly $100 million a most important elections of our generation. I would like to read one part of the year. Many companies were sued by the Fed- You would think the majority would be rush- editorial in the Anchorage Daily News: eral government for deliberate underpayment ing to prove to their constituents that they care ‘‘Ignored in this entire affair is the of royalties. about prescription drugs, a patient's bill of fact that the two whistleblowers saved Most have elected to settle and, to date, rights, small class sizesÐbut no. Tonight we the American people hundreds of mil- over $300 million has been collected. States are engaged in a pathetic act of revengeÐre- lions of dollars. Now they are being re- and private royalty owners have collected al- venge on behalf of the oil industry. taliated against in the most Draconian most $3 billion more including $17.5 million for So I would say this to my friends on the manner.’’ the state of Texas and $350 million for Cali- other side of the aisle, if you represent a mar- We should stand up for whistle- fornia. ginal district, and you want to go on record in blowers, not abuse them. Rather than I know that these settlements are not tech- support of big oil, vote for this resolution. protecting the public, the Republicans nically admissions of guilt, but they are the If you want to go on record opposed to an on this committee once again are pro- closest thing to them that you'll ever get out of organization whose sole purpose is to elimi- tecting the powerful. Rather than companies like Mobil, BP Amoco, and Chev- nate waste, fraud, and abuse, vote for this working toward a national energy pol- ron. resolution. icy, the Republicans on this committee Finally, the Interior Department's new oil- If you want to follow the lead of Governor are working for the giant oil compa- valuation rule, which was announced earlier Bush and Secretary Cheney and do whatever nies. Why are they not having some this year, will save the taxpayers at least $67 the oil companies want, vote for this resolu- hearings on how they worked to abuse million each year. Approximately $2.4 million tion. the American people by underpaying of this revenue will be shared with states. But if you care about fairness, if you care what is due them? POGO did not rip off This revenue will put additional teachers in about good government, oppose this resolu- the taxpayers. The oil companies the classroom and preserve our natural re- tion, stand up to big oil, and let's get on with ripped off the taxpayers, and they ad- sources. a debate on issues that matter to the Amer- mitted it by paying over $400 million in I want every Member in this body to under- ican people. underpayments. Would they be paying stand this history in order to understand the Mr. Speaker, furthermore, I would like to it if they were innocent? context of this ill-conceived resolution. say, at a time of record high oil and gas October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11391 prices, as well as record profit-taking by Big lic-spirited work to expose and stop the oil dealing with one of our government Oil, Republicans in this House have chosen, companies' underpayment of royalties for the employees, Mr. Robert Berman, and as their only course of action, to punish a non- production of crude oil on federal and Indian how he failed to comply with the sub- profit organization for exposing illegal actions lands.'' poena for testimony before the Sub- by giant oil companies who ripped off the Since December 1998, the matter has been committee on Energy and Mineral Re- American taxpayer for hundreds of millions of under investigation by the Inspector General sources on July 11 of this year. dollars. of the Department of the Interior and the Pub- Let me tell you though why we are Rather than protecting the public, the Re- lic Integrity Section of the Department of Jus- not here today. We are not here, even publicans, once again, are protecting the pow- ticeÐas it should be. though, as I see it, evidence shows that erful. The appearance of impropriety created by a special interest group paid two of our Rather than working toward a rational en- the payments warrants investigation, but by government officials, who illegally and ergy policy, the Republicans are working for the proper authorities and we supported the unethically used their insider informa- the giant oil companies. Majority's motion adopted by the Committee tion gained from their position of pub- POGO did not rip off the taxpayer. The oil on Resources to release to them relevant lic trust to line their pockets and that companies ripped off the taxpayer. That has committee records. of a special interest group. That is cor- been proven in case after case where the It is for the appropriate law enforcement ruption, and it is wrong. But that is companies themselves have settled this issue agencies and, ultimately, the courts, to decide not for Congress to decide; that is for to the tune of $438 million. if any laws were broken. the courts to decide. This case involves systematic, multibillion This is particularly the case where, as here, We are here for something even more dollar underpayments of oil and gas royalties the targets of the Resources Committee's in- important than that. It is to ensure owed to the taxpayers who own these re- vestigation are not senior policy officials, but that when Congress seeks the truth for sources. Under prosecution by the Department private citizens or low-ranking civil servants, the American public, when we ask a of Justice, all of these oil companies have set- and where, as here, the committee has shown fair question on a serious matter, that tled their outstanding debts by agreeing to pay a strong bias against the targets of its probe. we receive an honest, timely answer. It $438 million. This contempt resolution is a weak case to is the authority Congress needed to get But the Resources Committee has failed to present to the House, which last sought to in- to the truth behind Watergate. It is the investigate those systematic underpayments voke statutory contempt powers in 1983. And authority Congress has needed to ques- or the system that permitted them; instead, the even if adopted by the House over our objec- tion industries who deny that they sell committee has run to the defense of the oil in- tions, any attempts at prosecution based on their products to young minors. It is dustry by investigating those who exposed the this Resolution will not survive balanced judi- the authority we require to expose the underpayments while the real perpetrators, cial review. IRS when they break their own rules to That is because the Majority's wrath, pri- their strong political supporters, get away free. harass taxpayers. It is the authority we Yesterday, the Washington Post reported marily directed at POGO, a nonprofit govern- require to hold companies accountable that ``The highest energy prices since the ment ``watchdog'' groupÐhas skewed their ob- when they sell unsafe products; when 1990 Persian Gulf crisis have produced a fi- jectivity. the government reaches agreements to The Majority has conducted this investiga- nancial bonanza for the nation's three largest sell nuclear weapons to rogue nations. tion in a manner that serves the interests of oil companies, which yesterday reported quar- It is the authority of Congress to seek lawyers for oil and gas companies involved in terly profits totaling a record $7 billion, double the truth, and while we may not like pending royalty underpayment litigation as well last year's earnings.'' doing it, it is our obligation. as those who are currently challenging in fed- The majority asserts that this Contempt Let me tell you, in each of those eral court royalty valuation regulations recently Resolution is necessary to protect the right of cases, you heard the same compliant: it issued by the Department of the Interior to the House to define the target and scope of is a witch hunt; we are being manipu- curb royalty payment abuses. lated; this is Big Oil; this is Big Some- oversight. The Majority is confusing the DOJ criminal However, this Resolution would not be nec- thing; we are the good guys. But the investigation (i.e., whether there were illegal- essary IF the Majority had adequately and fact of the matter is, with these two ities in POGO's arrangement to share the pro- properly defined the target and scope of over- government insiders and this special ceeds of the False Claims Act settlement with sight. interest group, they are not the good the two employees) with the Contempt of Con- This has not been the case in this investiga- guys. We are simply seeking the truth. gress issues. The issue that should be before tion. Witnesses were not allowed to make First, for the record, let me tell you, the House in the contempt resolution is wheth- opening statements. The necessary quorum Mr. Berman is an employee of the U.S. er the committee's investigation was properly was not present at the time the committee Department of Interior who received a conducted under the Rules and the questions charged the cited individuals with contempt. large amount of money in return for at issue asked with adequate foundation to be They prevented Members from asking ques- access and information. He was respon- deemed ``pertinent'' under the contempt stat- tions of witnesses. They prevented witnesses sible for analyzing developing oil roy- ute, as strictly construed by the judiciary, all from making opening statements or defending alty policy for the Interior Depart- the elements must be proven beyond a rea- themselves. ment. sonable doubt, as is the case with any crimi- All but one of the Democrats present at the All the available evidence, even nal statute. We argue in the dissenting views committee meeting voted against the Resolu- POGO, the special interest group’s own that they abused the rules and rights of wit- tion because ``the Republican Majority's unilat- statements, suggest Mr. Berman was nesses and failed to establish, as required by eral conduct of the investigation . . . has paid as a government insider because the Supreme Court, that the questions were been biased, procedurally flawed and abusive he agreed with these groups and had ``pertinent'' at the time they were asked. of the rights of witnesses and Members.'' We the access and information to provide also noted that the Majority's case was incred- b 1100 them. That is against the law. He ibly weak and ``will not survive balanced judi- Mr. YOUNG of Alaska. Mr. Speaker, I knows it was wrong. He knows that cial review.'' yield myself such time as I may con- Congress has every right to ask him We do not dispute the right of the com- sume. about that. mittee to investigate the POGO payments. Mr. Speaker, this is not about the Think about this: if someone comes We do not dispute the essential facts sur- whistleblowers. These were people that to you at your job and says, ‘‘Look, do rounding the POGO payments. divulged information; they were not not tell your boss this, but you are In November 1998, POGO got about $1.2 the whistleblowers, and this constant working on a key project for us. We million, or 2 percent, from the settlement and smoke screen actually disturbs me, be- would like to make you part of a law- it paid Mr. Berman and Mr. Speir $383,600 cause nobody read the report. suit so that when we receive dollars in apiece out of its share. Mr. Speaker, I yield 3 minutes to the settlement from this, we can pay you The Majority suspects but has not proved gentleman from Texas (Mr. BRADY), for that information. Now, do not tell foul play in POGO's decision to make those who also sat on the committee that your boss, do not remove yourself from payments. had these oversight hearings. that project, because this is how the POGO characterizes the payments as Mr. BRADY of Texas. Mr. Speaker, I agreement works.’’ You would know ``awards'' for the two men's ``decade-long pub- rise to explain the section of the report something was wrong. H11392 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Mr. Speaker, I would like to con- Mr. YOUNG of Alaska. Mr. Speaker, I American public to watchdog Federal tinue, because it gets worse than this. yield myself such time as I may con- agencies, have no power, have no au- Mr. GEORGE MILLER of California. sume. thority. They take that power away Mr. Speaker, I yield 3 minutes to the Mr. Speaker, again, the gentleman from us when they can snub us and say gentleman from California (Mr. HORN). from California misstates. These were they will not answer legitimate ques- Mr. HORN. Mr. Speaker, the Sub- not whistleblowers; these were Federal tions in a Federal inquiry. committee on Government Manage- employees divulging confidential infor- I want to congratulate the gentleman ment of the then Committee on Reform mation. The whistleblower himself from Hawaii (Mr. ABERCROMBIE). He and Oversight dealt with the Minerals says that they did the wrong thing. said it right. Whether the Democrats Management Service for a number of That is not a whistleblower. control this House, or whether the Re- months. Let me read you our conclu- Mr. Speaker, I yield 3 minutes to the publicans control this House, this is sion. It is titled ‘‘Crude Oil Undervalu- gentleman from Louisiana (Mr. TAU- the people’s House. We are not just ation, the Ineffective Response of the ZIN). here voting for Americans; we are their Minerals Management Service.’’ This (Mr. TAUZIN asked and was given eyes and ears too over the Federal bu- was approved by the full committee. permission to revise and extend his re- reaucracies. ‘‘The Minerals Management Service marks.) It is our job to make sure Federal needs to review its operations to en- Mr. TAUZIN. Mr. Speaker, this mat- employees deal with Americans hon- sure that the amounts which are owed ter involves two things: the first is the estly, and when two Federal employees to the Federal Government are col- facts, so let us get the facts straight. cut a deal to get one-third of a whistle- lected in a timely fashion. For years, We are talking about a whistleblower blower lawsuit and refuse to come and oil companies were able to use complex lawsuit on royalty valuations that answer questions about it before a committee of this Congress, every transactions to disguise premia the amounted to about a $400 million Member, Democrat and Republican, whole formulas on the crude oil from claim. ought to rise up and say, the American the Federal regulators. Now that the It was not brought by POGO. This public, this House, will not be shunned Federal Government has determined whistleblower lawsuit was brought by a this way. We will not be, in the whistleblower by the name of Johnson. that there are hundreds of millions of vernacular of the young, ‘‘dissed’’ in Johnson filed suit against Shell. John- dollars of additional payments owed, this fashion. Minerals Management must aggres- son was entitled, under the whistle- The product of this investigation is sively pursue this problem to protect blower statute, to 17 to 20 percent of critical. The product of this investiga- Federal financial interests. The Min- the winnings if this whistleblower suit tion is to uncover criminal wrong- erals Management Service has failed to won. doing, and we ought to proceed with do so. There is still time to accomplish Now, we have these things in Lou- this vote today. this task. Until that happens, the crude isiana a lot. The oil companies fight Mr. GEORGE MILLER of California. oil undervaluation issue is a serious with our State over oil royalty and gas Mr. Speaker, I yield 1 minute to the hole in the Federal budget deficit that royalty valuations all the time. Some gentleman from Florida (Mr. DEUTSCH). amounts to perhaps $2 billion nation- are legitimate disputes; some are not Mr. DEUTSCH. Mr. Speaker, this wide for crude oil leasing. This is a so legitimate. House has many things to be proud of, problem that is preventable and re- Johnson brought a suit claiming ille- but this is not one of the investigations quires the attention of senior manage- gitimate royalty valuations, and John- that we have to be proud of. ment in the administration.’’ son the whistleblower suddenly finds My colleagues on the other side have This is, frankly, one of the most out that POGO gets in its lawsuit and invoked the tobacco investigations on fouled-up bureaucracies I have seen in 6 wants a share of the take. POGO in several occasions. I do not need to re- years of oversight within the executive fact weasels its way into that lawsuit mind my colleagues who was the ma- branch. and gets about a $7 million share of the jority party at that point in time. I Now, I can see how some of my col- take. think if these are the priorities of this leagues on other committees might be How did POGO get in the lawsuit? Congress, the people who are watching bothered by anybody that is trying to POGO got in the lawsuit, we are told, in America need to know why we need lie before you. But the question is, our investigators tell us, because two to change Congress. should Congress do it, or should the Federal employees apparently knew Let me talk on a little bit of a per- United States Attorney do it? about this sealed lawsuit, called their sonal note. I happen to know one of the Personally, I think some of this has friends at POGO, got them into the people who this indictment, this con- to do with POGO. Now, I wish we had a lawsuit, and cut a deal to get one-third tempt citation, is about, Hank Banta. few more POGOs around here that were of the take. Hank Banta was my first boss when I watchdogs on the bureaucracy, and Two Federal employees cut a deal, worked in Washington in 1981, 19 years perhaps the money that they gave is apparently, with POGO, to each take ago. I know him well; I consider him a what bothers a lot of my colleagues. one-third of $7 million, to get POGO a friend. He was a counsel for the Senate But the fact is, if that is the way we share of Mr. Johnson’s whistleblower Committee on the Judiciary. That was get information, fine. The POGO oper- lawsuit. That is what the allegations where I worked as an intern and extern for 2 years. ations, I do not know how they run are. He knows the rules of this House Now, the second thing we are talking their business, and I really do not care. well, and I would tell my colleagues, about is whether this Congress, as the What I do care about is that we get the gentlewoman from Wyoming (Mrs. whistleblowers to tell us the truth. watchdog of America over Federal CUBIN) and the gentleman from Lou- Mr. Speaker, I am going to vote agencies and Federal employees who isiana (Mr. TAUZIN), one of the reasons against this contempt citation. I think might do criminal and wrong things, that he did not answer is because our it is wrong; it should not be in this has a right to get straight answers rules provide that if they are not perti- House. It should be with the United from witnesses we call. nent questions to an investigation, the States Attorney, and it should go be- Now, when the two witnesses from witness has legal right not to answer fore a Federal grand jury, if that is a POGO and when the Federal official in- those questions, not to answer those problem. If the lawyer gave one of the volved here come before our committee questions, and he enjoyed that right. witnesses advice and it is bad advice, and refuse to answer the questions that I would just question the criminal such as saying take the fifth, or what- we ask them about this elicit deal, nature of this. ever it is, that is another issue. they do not take the fifth amendment, Mr. YOUNG of Alaska. Mr. Speaker, I I do not think we should be cutting which they could have done. They sim- yield myself such time as I may con- off whistleblowers. ply say, ‘‘Hum, Congress, we are not sume. There is a lot of fraud, misuse, in the going to talk to you, and you can’t do Mr. Speaker, that is not true. amount of billions of dollars in the ex- anything about it.’’ They are telling Mr. GEORGE MILLER of California. ecutive branch. the American people that the eyes and I yield 2 minutes to the gentleman We should encourage whistleblowers. ears of their Congress, elected by the from Washington (Mr. INSLEE). October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11393 (Mr. INSLEE asked and was given ever made and accepted by Federal bu- of an exercise which we are led to be- permission to revise and extend his re- reaucrats, indeed, over $750,000 already. lieve involves an illegal and inappro- marks.) This resolution is about our ability as priate activity, a whistleblowing exer- Mr. INSLEE. Mr. Speaker, it has Members of Congress to ask questions cise based on insider knowledge. been said that this institution is to be of and to get answers from those who We are led to believe that these indi- a watchdog. In fact, this resolution made the big payoffs, and those who viduals involved were uncooperative asks the people’s House to become an accepted them. and demonstrated a contempt of Con- attack dog, an attack dog for the oil It is that simple. Members should gress so egregious that it requires this and gas industry. know that there was a written agree- very special resolution, this very This is the people’s House, and it is a ment to funnel $4 million to two Fed- heavy-handed sanction. sad day when we turn on the people eral employees. Make no mistake, What I saw instead was a conscience who expose the fraud to the American those who oppose this resolution are and deliberate attempt to characterize people and seek to punish them. sanctioning the ability of people to these whistleblowers as criminals. The Watergate investigation has hide the facts about what goes on in What I saw was the securing of thou- been inveighed as a proud moment of big government agencies from the peo- sands of pages of information and ex- Congress. If this party had been run- ple and from congressional commit- tensive testimony, which provided the ning the Watergate investigation, you tees. committee with all of the information would not have subpoenaed Halderman This resolution is about holding they needed to conclude that while and Ehrlichman and gone after them. those who made and accepted these big some questionable activity may have You would have investigated Frank payoffs to the same standard we would occurred, which should be and is being Wills, the guy who discovered the bur- hold any corporation if it made huge investigated by the Department of Jus- glary. payments to Federal workers. tice, but that there was also some seri- You are barking up the wrong tree, So do not fall for the smoke screen. ous underpayments by the oil compa- and it is a sad day. I am proud of the Big payments to Federal Government nies, but the committee did not pursue House of Representatives, and I want workers are wrong. Support the resolu- the question of the underpayments. to warn Members against this resolu- tion. We were not satisfied with this infor- tion for two reasons: number one, if Mr. GEORGE MILLER of California. mation, the entire picture about the this passes, and if this goes to the Mr. Speaker, I yield 1 minute to the underpayments and the whistleblowers, criminal justice system, this House gentleman from Oregon (Mr. but instead we focused and continued will be embarrassed. BLUMENAUER). to pursue this line of questioning and I am going to tell you why: unlike Mr. BLUMENAUER. Mr. Speaker, I inquiry. appreciate the gentleman yielding me many of the speakers today, I was in I sat through hours and hours of an exercise the time. these hearings, and I saw, time after which we are led to believe involves an illegal As a relative newcomer to this Cham- time after time, the majority party ig- and inappropriate activityÐa whistleblowing ber, I have been following this to un- nore the rules of the House of Rep- exercise based on inside knowledge. resentatives. When the judicial system derstand how the House works, how we We are led to believe that the three individ- sees this, they will call foul; and our can pick out one item for the first time uals involved were uncooperative and dem- House will be embarrassed by this trav- in 17 years to proceed forward with a onstrated a contempt of Congress so egre- esty. If you want to know why these recommendation for criminal activity. gious that it requires this very special resolu- people did not answer some of these The U.S. Attorney is already fol- tionÐthis heavy handed sanction. questions, it is because they violated lowing up on potential misconduct; so What I saw was a conscious and deliberate the rules of the House. that is not the issue here. The issue is, attempt to characterize the 3 whistleblowers I want to bring up another issue. As the dealing with the House of Rep- as criminals. What I saw was the securing of a person who believes privacy is impor- resentatives. thousands of pages of information and exten- tant in this Chamber, I believe in this Seventeen years ago, Rita Lavelle sive testimony which provided the Committee country we should not have certain stonewalled Congress completely, with all of the information they needed to con- conversations forced to be made public would not answer the phone, would not clude that some questionable activity may by the U.S. Government. The U.S. Gov- come forward, would not produce docu- have occuredÐwhich should be and is being ernment should not force your discus- ments. investigated by DOJ and that there were un- sions with your priest to be public, the These are people who did come for- derpayments by the oil companies. But we U.S. Government should not force your ward, produced thousands of pages of didn't pursue the question of the underpay- conversations with your doctor to be documents. This has already been de- ments. But we weren't satisfied with this infor- public, and the U.S. Government leted by the amendment of the gen- mation, the entire picture about the underpay- should not force your conversations tleman from Alaska (Mr. YOUNG). ments and the whistleblowersÐNoÐwe want- with your attorney to be public. We are looking at something here The majority party seeks to violate that looks to me like a pretty broad ed to continue to pursue this line of ques- those privileges, and we brought this to sweep that is calculated not to get at tioning and inquiryÐfocusing on the whistle- their attention. These folks did not the problem of misuse of oil royalties. blowers which has the net effect of shifting the want to answer questions about their It is not whether or not these people attention from the serious policy issue of un- conversations with their attorney. are going to have their behavior inves- derpayment of the oil companies and to the Those who believe that the priest’s tigated. It is, it seems to me, rather a activities of the whistleblowers. It is inevitable penitent privilege and the attorney-cli- chilling effort in terms of people who that we must ask the question is the intent of ent privileges are sacred rights of come forward and for the first time in the investigation to mitigate the attention to Americans, will vote against this reso- 17 years. I think this is indeed a the underpayments; was the intent of the miti- lution. If you believe in privacy and stretch. gate to derail attentionÐfrom the real prob- standing up and crying ‘‘foul,’’ vote Mr. GEORGE MILLER of California. lems of the underpayments? I have to con- against this resolution. Mr. Speaker, I yield 2 minutes to the clude that this was the case. gentleman from Guam (Mr. UNDER- The prerogatives of Congress are not at b 1115 WOOD). stake, and today we should be focusing on the Mr. YOUNG of Alaska. Mr. Speaker, I (Mr. UNDERWOOD asked and was oil companies and the fact that they endeav- yield 1 minute to the gentleman from given permission to revise and extend ored to deny revenues to the American public. California (Mr. DOOLITTLE). his remarks.) Mr. GEORGE MILLER of California. (Mr. DOOLITTLE asked and was Mr. UNDERWOOD. Mr. Speaker, I Mr. Speaker, I yield 21⁄2 minutes to the given permission to revise and extend thank the gentleman for yielding me gentleman from Massachusetts (Mr. his remarks.) the time. MARKEY). Mr. DOOLITTLE. Mr. Speaker. This As ranking member of the Sub- Mr. MARKEY. Mr. Speaker, I thank issue is about big payoffs, not big oil. committee on Energy and Mineral Re- the gentleman for yielding me the In fact, it is about the biggest payoffs sources, I sat through hours and hours time. H11394 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Mr. Speaker, when there is a tobacco poena a witness, that witness should be thing was wrong in a lawsuit in Texas, scandal, who do we bring in before Con- there; and if they are not, the Congress and we were going to adjudicate wheth- gress? The tobacco company execu- should put its foot down. In America, er it was. We do not adjudicate. tives. the people govern; and, quite frankly, We do not adjudicate. So they refused When Ford and Firestone are impli- we do not any more. to testify, because the committee al- cated in the death of 138 Americans and Congress does not govern anything. ready had the information, but it was hundreds of others, who do we bring in You have turned it over to the White once suggested that maybe they could to testify? The CEO of Ford, the CEO of House, and the White House does not be caught for perjury. So they did not Firestone. govern. They have turned it over to the testify. They said you have the infor- When the oil companies, however, are bureaucrats. mation from another source, some of found ripping off the American tax- When our committee subpoenas which was sealed or not sealed. payer to the tune of $438 million, with somebody, they should be there; and if This committee never laid out for potentially billions of additional dol- they are not, they should be held in them the pertinency of those questions lars still unaccounted for, who does the contempt. I support the gentleman to that investigation at that time. As Committee on Resources bring in? from Alaska (Chairman YOUNG). He is the Supreme Court has recognized, They bring in the oil company execu- doing what is best for America. Let us when you put a person in that kind of tives? No. The whistleblower. Let us take this government back to the peo- jeopardy, the average American, the investigate the whistleblowers. ple. average American who is sitting there Mr. Speaker, if the public is looking Mr. GEORGE MILLER of California. in front of a big committee of Con- at this and they are wondering what Mr. Speaker, I yield myself the balance gress, they have rights. They need pro- Congress is doing in the final 2 weeks, of my time. tection, because the government is not they just have to look on the Repub- Mr. Speaker, we have immense power always right; that is why we changed lican side. The President deploys the in this body. We have the power to do the law with respect to the Internal Strategic Petroleum Reserve. The Re- things that other people only dream Revenue Service, because they made publicans hold hearings, both the Sen- about. We can do some wonderful decisions about people’s guilt, about ate and House energy committees last things. We can fight for a cure of can- people’s liabilities, hounded them and week. What is the scandal that they cer. We can feed hungry children. We badgered them and intimidated them are investigating? can defend this country by making the The price of oil was nearing $40 a bar- with the power of the Government. resources available to do all of those They threatened people with jail. rel when the President deployed it. It things. But every now and then in the is now down to $32 a barrel. The scan- Mr. Speaker, that is where these history of this Congress, we also have three people sit today. After being dal? The price of oil has dropped. The the ability to run off the tracks and to consumers have benefitted. Gasoline badgered and hounded, being called bring down the power of this institu- common thieves by members of the prices are down. Home heating oil tion on an individual or an organiza- prices are down. Let us have hearings committee, in spite of no evidence that tion or a couple of individuals and put that was the case, whether or not they on the House and Senate side. them in such jeopardy and deny them Now, on the final day of Congress, were involved in the regulations, the such rights that it is a nightmare to again, the oil industry and the cross best evidence we have today is the the average citizen of what they would hairs of the American public wondering sworn testimony of the people from the what Congress is doing about it. Are we do in that situation. That is why there Department of Interior that had no im- bringing in the executives to ask be- are rules. pact, little involvement in those regu- There are rules to protect the Amer- yond that $438 billion in oil, how about lations. ican citizen against its government. In natural gas? How about the other oil The best evidence we have today of court, in grand jury proceedings, in the companies? their involvement in the court case in Are there billions of other dollars Congress of the United States, when Texas was the evidence that the oil that we could be using for prescription you ask a question to a witness, the companies took from this hearing and drugs, that we can be using to ensure witness, according to the Supreme ran over to that court case. The judge that we rebuild schools in this country Court and to our Constitution, they said get out of here. Today, they are that the oil companies are not paying have a right to know why you are ask- put before this Congress with the full in taxes? No, we do not have that hear- ing that question and is that question force and effect. ing. The Republican majority would pertinent to this investigation. But who is not here? As many of my have us believe that POGO, the Project Let me tell my colleagues, in the cir- colleagues pointed out, the oil compa- on Government Oversight, is the prob- cus we were running in this committee nies are not here. After admitting and lem, POGO. What Walter Kelly, the old at that time, the members did not settling to underpaying plight terms, it cartoonist who used to draw the Pogo know what was going on in that inves- is like we do not admit any liability, strip, he once remarked, ‘‘We have met tigation. The members did not know admit or deny, you know, how you do the enemy, and it is us.’’ why the questions were being asked. when you settle a lawsuit. We cannot The enemy is the Republican Con- The members did not know why infor- tell you whether we are guilty or not. gress. They refuse to have hearings on mation was being subpoenaed, but the We are just going to put this $450 mil- the issues of what the role is of the oil fact of the matter was these three wit- lion out there out on the table because industry and driving up oil prices and nesses came before our committee. we want this to go away. denying the American people the taxes, They answered numerous questions. What these oil companies did to the the royalties, which they rightly de- They submitted to depositions. They taxpayers of the United States, they serve in order to ensure that our gov- provided thousands of pages of testi- lied to them. They cheated to them. ernment programs help the poorest mony, and today none of them have They wrongfully withheld payments people in our society. Vote no on this been charged with anything, other that were entitled to each and every resolution. than in the allegations of speeches by taxpayer of this country. Now they set- Mr. YOUNG of Alaska. Mr. Speaker, I Members of Congress besmirching their tled for half a billion dollars, $438 mil- yield 1 minute to the gentleman from reputations. lion. It is estimated, as the gentleman Ohio (Mr. TRAFICANT). Mr. Speaker, I happen to think, as I from California (Mr. HORN) said in his Mr. TRAFICANT. Mr. Speaker, I sup- said at the outset of these hearings, I Subcommittee on Government Man- port the resolution. Congress has be- think there some real bad judgment agement, Information and Technology, come background music in a doctor’s has been made and maybe some that it could be as high as $2 billion to office. Witnesses come before Congress wrongdoings that have been had, but the Federal taxpayer. and lie every day, and Congress does that is not what these Members are in b nothing about it depending upon the liability for. These Members are in li- 1130 partisanship of the issue. ability now because we shifted from Many of these same oil companies If you are a chairman and you deter- that hearing in the middle to ques- settled with the State of California. mine there is something and you sub- tioning about whether or not some- When they took the money from the October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11395 State of California, they took it from companies in the Firestone investiga- issued by the Department of the Interior to the schoolchildren, because the money tion. I am sure we will call the victims curb royalty payment abuses. was destined for the schoolchildren of and the tobacco companies. But here It is noteworthy that the Majority has spent well over a year investigating those California. They settled there for, I we only called one. who helped expose royalty cheating and think, almost $2 billion in underpay- Do not do this to the citizens of the whose efforts contributed to the recovery to ments, maybe more. I do not have the United States. They may end up being date by the Untied States of $300 million exact figure, but it runs to the billions. tried or charged by the Justice Depart- from litigation settlements. But they have So those companies who cheated and ment under the active investigation, done nothing to investigate whether compa- lied did not receive a single question but do not use and misuse the powers nies extracting oil and gas from federal lands from this committee. Did not receive a of this institution against these three are systematically underpaying royalties, a letter. Did not receive a subpoena. Did citizens who did the right thing and subject clearly within the jurisdiction of the not receive a letter of inquiry. Were were badgered and hounded and called Committee on Resources and with signifi- cant fiscal implications to taxpayers. not asked to testify about cheating the names, not allowed to testify, not al- The Majority unilaterally drafted the Federal Government. But the organiza- lowed to give opening statements, and lengthy Resolution and Report and first tion, the people who blew the whistle then placed in that kind of jeopardy. It made it available to Democratic Members of and said the government is not doing simply is not fair. the Committee less than 24 hours prior to its job, and they came under a Civil CONTEMPT OF CONGRESS RESOLUTION AND the Committee on Resources’ markup on War statute was to protect the govern- REPORT DISSENTING VIEWS July 19th. This rush to judgment on Con- tempt of Congress, a federal crime, is typical ment from being ripped off by the mer- We strongly oppose the Resolution and Re- of the strictly partisan investigation, which chants during the Civil War by sup- port to cite four individuals and the Projects has been prejudiced from the beginning with on Government Oversight (POGO) for Con- plying us phony goods or overcharging assumptions of guilt and illegalities. Indi- tempt of Congress, a federal statutory crime us. They came under that Civil War cating all with a broad brush, the Resolution punishable by up to one year in jail. From statute and they said, ‘‘Hey, you guys deems each individual cited as equally guilty the outset, the Republican Majority’s unilat- no matter how trivial the alleged trans- are not doing your job, they are cheat- eral conduct of the investigation into this gression. Moreover, by citing the ‘‘Project on ing you.’’ matter has been biased, procedurally flawed Government Oversight,’’ with contempt, the Yes, they were. And they were enti- and abusive of the rights of witnesses and Resolution cavalierly casts a cloud of crimi- tled to recovery. They may have shared Members. It is a weak case to present to the nal jeopardy on the officers and the entire that recovery in a wrongful fashion, House, which last sought to invoke statutory board of directors, even though one such in- contempt powers in 1983. And even if adopted but to date nobody has been charged dividual testified that he had been recused by the House over our objections, any at- with doing that, and the Justice De- from any involvement in the royalty under- tempt at prosecution based on this Resolu- partment has had this for a year and a payment matters and another did not join tion will not survive balanced judicial re- half, almost 2 years. the board until 1999. view. Why the imbalance? Why are we At the July 19th Committee markup of The Majority’s wrath is primarily directed this Resolution, the Majority failed to pro- going after these people and attrib- at POGO a nonprofit government ‘‘watch- vide Members with the language of the con- uting criminal liability? This is not dog’’ group that—among many efforts to tempt statutes. They cited no judicial stand- about our subpoena power. These peo- curb waste, fraud and abuse—has been active ards or precedents of the House for applying ple answered the subpoenas. They came since 1993 in pursuing oil and gas companies those criminal statutes in a contempt pro- that have underpaid by hundreds of millions to the committee. They turned over ceeding. They did not adequately explain or of dollars royalties owed to the U.S. Treas- the documents. But when they were refute the legal rationale that the subpoe- ury for operating on public lands. In Novem- asked these questions, knowing their naed parties, based on advice from counsel, ber 1998, after receiving $1.2 million of a $45 rights under the Supreme Court deci- had asserted when they declined to answer million settlement by Mobil Oil in False specific questions or provide specific docu- sions that have thrown out contempt Claims Act litigation for royalty underpay- ments precisely as sought by the Majority. citations from this, said time and ments, POGO shared two-thirds ($383,600 And they neglected to explain to Medicare again this citizen has not been pro- each) with two individuals: a Department of that witnesses had appeared at hearings and tected from the powers of this Con- the Interior employee, Robert Berman, and a produced thousands of pages of documents in former Department of Energy employee, gress; they said that question is not compliance with multiple subpoenas (At- Robert Speir. pertinent. I do not believe it is perti- tachment (A). nent. And as the Supreme Court says, POGO and the Department of Justice dis- pute whether an Assistant U.S. Attorney in- LEGAL STANDARDS FOR CONTEMPT OF CON- the citizen has to sit in the chair and is volved in the Mobil litigation approved GRESS: ALL ELEMENTS OF THE OFFENSE compelled to make a choice imme- POGO’s payments to Berman and Speir. In SHOULD BE PROVEN BEYOND A REASONABLE diately. December 1998, the Civil Division of the De- DOUBT So on advice of their counsel, they partment of Justice referred the POGO mat- The refusal to answer a question or provide quickly said, ‘‘I do not believe that ter to the Public Integrity Section of the a document demanded by a committee does question is pertinent,’’ and we have a Criminal Division for a review, in coopera- not per se constitute contempt of Congress right to go forward with this process if tion with the Inspector General for the De- under the statutes. William Holmes Brown, we believe it was. partment of the Interior, which is ongoing. who served as House Parliamentarian for I have to say to my colleagues, no- These are the proper authorities and the ap- twenty years, provides guidance for Members body laid the foundation for these citi- propriate forum for fairly investigating regarding contempt powers and procedure in whether any misconduct or illegalities oc- House Practice: A Guide to the Rules, Prece- zens so they could determine what we curred in making or receiving the payments dents and Procedures of the House (1996): were talking about in this hearing, be- and we supported the motion adopted by the ‘‘The statute which penalizes the refusal to cause this hearing was from hell to Committee on Resources to release to them answer in response to a congressional sub- breakfast on subject matter. It was all relevant committee records. By contrast, all poena provides that the question must be over the room. We changed the direc- but one of the Democrats present voted ‘pertinent to the question under inquiry.’ 2 tion of this hearing numerous times. against the Majority’s Contempt of Congress U.S.C. 192. That is, the answered requested And I do not think that we ought to at- Resolution, which was adopted by a 27 to 16 must 91) relate to a legislative purpose which tach criminal liability to these citizens vote on July 19, 2000. Congress may constitutionally entertain, We oppose this Resolution because in the and (2) fall within the grant of authority ac- that did such an incredible service for course of this lengthy investigation, the Ma- tually made by Congress to the Committee. the taxpayers and the citizens of this jority has stepped beyond the bounds of le- Desher, Ch 15 Sec. 6. In a prosecution for con- country. We certainly should not do it gitimate inquiry. In an abusive manner, the tempt of Congress, it must be established in the name of oversight, because if we Majority has used the powers of subpoena that the committee or subcommittee was do it in the name of this oversight, we and the sanction of contempt to pursue sub- duly authorized and that its investigation are doing it in the name of one-sided jects tangential to the Committee on Re- was within the scope of delegated authority. oversight. sources’ jurisdiction. The Majority has con- U.S. v. Seeger, C.A.N.Y. 303 F.2d 478 (1962). A Mr. Speaker, if we are going to call ducted this investigation in a manner that clear chain of authority from the House to serves the interests of lawyers for oil and gas its committee is an essential element of the POGO, if we are going to call these companies involved in pending royalty un- offense. Gojack v. U.S., 384 U.S. 702 (1996).’’ three citizens, we should have called derpayment litigation as well as those who House Practice at pages 427–428. the oil companies. I am sure we will are currently challenging in federal court Brown further observes that the require- call the trial attorneys and the tire royalty valuation regulations recently ment that a committee question be pertinent H11396 CONGRESSIONAL RECORD — HOUSE October 27, 2000 is an essential factor in prosecuting the wit- effect about the valuation of oil because we tion is so egregious that any attempt at ness for contempt, that the committee has don’t know whether this action and this pay- prosecution will not survive judicial review. the burden of establishing that a question is ment of money has anything to do with Among the procedural deficiencies are the ‘‘pertinent,’’ and that the committee’s deter- those new regulations. We just need to know following: mination is ultimately subject to a strict whether the two people involved had any in- (1) Failure to follow House Rule XI, Clause standard of judicial review: ‘‘In contempt fluence on the MMS.’’ 2(k) applicable to investigative hearing pro- proceedings brought under the statute, con- Notwithstanding this rationale for the in- cedures. On June 9, 1999, by a party line vote, stitutional claims and other objections to vestigation, at the time the Committee ap- the Committee on Resources authorized House investigatory procedures may be proved the contempt Resolution on July 19, Chairman Young to issue subpoenas related raised as a defense. U.S. v. House of Rep- 2000 the Majority had sought no testimony to an ‘‘oversight review’’ of the ‘‘policies and resentatives, 556 F Supp. 150 (1983). The related to oil valuation regulations, policies, practices of the Department of Interior and courts must accord the defendant every right or legislation. No witness had been called to Energy’’ and ‘‘payments from the Project on ‘guaranteed to defendants in all other crimi- establish a foundation for the relevant ‘‘poli- Government Oversight’’ to Robert Berman, nal cases.’ Watkins v. United States, 354 US cies and practices’’ of the Departments of In- an employee of the Department of the Inte- 178 (1957). All elements of the offense, including terior and Energy. By stark contrast, Demo- rior, and Robert Speir, a former employee of willfulness, must be proven beyond a reasonable cratic Members were admonished by the Ma- the Department of Energy. It was not until doubt. Flaxer v. United States, 358 US 147 jority at the May 4, 2000, Subcommittee June 27, 2000, however, that Chairman Young (1958).’’ House Practice at page 428. [Empha- hearing that the purpose of the investigation authorized Subcommittee Chairman Cubin sis added] did not include inquires on oil royalty valu- to ‘‘begin an investigation to complement Accordingly, because a contempt charge ation policies or fraudulent oil company the oversight inquiry underway.’’ This is a must meet strict judicial review standards, practices. meaningless effort to draw a distinction be- it is our recommendation that Members of Simply stated, the Majority has not ar- tween ‘‘investigation’’ and ‘‘oversight’’ when the House consider themselves as if jurors in ticulated a purpose for obtaining the infor- no such distinction exists for purposes of a criminal trial and apply the ‘‘beyond a rea- mation sought by the contempt Resolution House Rule XI, Clause 2. Accordingly, over sonable doubt’’ standard in evaluating the that is within the scope of the Resources the protests of Democratic Members, the Ma- conduct of those charged with contempt Committee’s authority as delegated by the jority failed to follow House Rules applicable under 2 U.S.C. 192. The definition of ‘‘beyond House. The Supreme Court has held that a to the rights of witnesses in Subcommittee a reasonable doubt’’ is as follows: ‘‘The doubt clear line of authority for the committee and on Energy and Mineral Resources hearings that prevents one from being firmly convinced of the ‘‘connective reasoning’’ to the questions held May 4 and May 18, 2000. These flaws a defendant’s guilt, or the belief that there is a is necessary to prove pertinency in statutory range from the failure to provide witnesses real possibility that a defendant is not guilty. contempt. Gojack v. United States, 384 U.S. with the Committee on Resources and House ‘Beyond a reasonable doubt’ is the standard 702 (1966) Instead, the Majority has con- Rules prior to their testimony, to the failure used by a jury to determine whether a crimi- stantly shifted their explanations of what to go into executive session. nal defendant is guilty. In deciding whether they are investigating and why. For exam- (2) Failure to allow Members to question guilt has been proved beyond a reasonable ple, on March 6, 2000, Chairman Young wrote witnesses under House Rule XI, Clause 2(j). doubt, the jury must begin with the presump- to POGO’s attorney to explain that broad On multiple occasions, the Subcommittee tion that the defendant is innocent.’’ Black’s subpoenas were necessary to ‘‘to begin Chair prevented Democratic Members from Law Dictionary (Seventh Edition, 1999) at weighing the merits of those conflicting exercising their rights to question witnesses, page 1272. [Emphasis added] statements’’ made in civil litigation. either under the five-minute rule or time al- The majority has failed to meet its burdens of The purpose and scope of the Majority’s in- located to the Minority under clause 2(j)(B). proving the statutory elements necessary for quiries are still not clear to Democratic (3) Failure to have a proper quorum under contempt prosecution Members. An investigation of oil royalty Committee on Resources Rule 3(d). The Com- matters in furtherance of a legislative pur- mittee rules require a quorum of members, In construing the contempt statute, the pose could properly be crafted within the yet no such quorum was present during the Supreme Court has closely scrutinized a Committee on Resources’ jurisdiction, but hearings at the times of votes on sustaining committee’s stated purpose of the investiga- the Majority has failed to do so. The Major- the Subcommittee Chairman’s rulings on tion to determine whether a demand is perti- ity established no ‘‘connective reasoning’’ or whether questions were ‘‘pertinent.’’ nent to the question under inquiry. If the foundation based on the committee’s juris- (4) Failure to allow witnesses to make an committee’s own descriptions are incon- diction for the pertinence of the questions opening statement under Committee on Re- sistent with its actions or have changed over asked and the documents demanded of the sources Rule 4(b). This rule states, ‘‘Each time, such confusion ‘‘might well have in- witnesses at the time they were asked and witness shall limit his or her oral presen- spired doubts as to the legal validity of the demanded. Additional hearings or ex post tation to a five-minute summary of the writ- committee’s purposes.’’ Gojack v. United facto rationale cannot reestablish a founda- ten statement, unless the Chairman, in con- States, 384 U.S. 702, 709 (1966). sultation with the Ranking Minority Mem- On June 9, 1999, the Committee on Re- tion for pertinency that did not exist at time ber, extends this time period.’’ In contraven- sources on a party line vote approved a Reso- that a witness was at peril of being charged tion of this rule and longstanding committee lution to authorize Chairman Don Young to with contempt. The Supreme Court has held the conduct of practice, the Chair refused to grant hearing issue subpoenas in connection with: ‘‘(1) poli- Congress to strict scrutiny when applying witnesses the opportunity to make opening cies and practices of the Department of the the contempt statutes: ‘‘It is obvious that a statements. Democrats objected that this Interior and Department of Energy regarding person compelled to make this choice [of was prejudicial to subpoenaed witnesses in payment of employees and former employees whether to answer] is entitled to have what amounted to adversarial proceedings from sources outside of these Departments knowledge of the subject to which the inter- but were overruled by the Subcommittee that may be related to the employee’s past rogation is deemed pertinent. That knowl- Chair. or present work within the Department, and edge must be available with the same degree (5) Failure to hold a hearing on the con- (2) payments from the Project on Govern- of explicitness and clarity that the due proc- tempt of Congress issues. It is fundamentally ment Oversight, POGO, to Mr. Robert Ber- ess clause requires in the expression of any unfair not to allow the parties charged with man, an employee of the Department of the element of a criminal offense. the ‘vice of contempt an opportunity to fully and fairly Interior, and Mr. Robert Speir, a former em- vagueness’ must be avoided here as in all detail their legal arguments for declining to ployee of the Department of Energy . . .’’. During the debate on the June 9, 1999 reso- other crimes.’’ Watkins v. United States, 354 answer questions or supply specific docu- lution, Energy Subcommittee Chairman Bar- U.S. 178 (1957). ments in contention. The Chair repeatedly bara Cubin responded to Delegate Carlos Ro- In summary, the Majority has not met the refused the efforts of Democratic Members mero-Barcelo’s concerns about the Com- substantial burden of proving the elements to recognize legal counsel to address the mittee acting to intervene in a pending De- of statutory contempt beyond a reasonable Subcommittee on these issues. The failure to partment of Justice criminal investigation doubt. The House cannot responsibly send to provide due process in a hearing to those ac- by explaining that the focus would be on oil the U.S. Attorney—who already has plenty cused of violating a criminal statute further royalty valuation legislation and regulation: of work to do combating serious crimes—a weakens the Majority’s case. ‘‘It isn’t the intent of the committee to in- contempt Resolution that is so flawed that The majority’s investigation improperly attempts tervene in this procedure at all, but we do prosecution will be futile. to use the power of Congress to provide dis- need to know what is going on and what has The majority’s investigation is procedurally covery for oil and gas companies in royalty gone on because we have things in front of us flawed and failed to comply with committee litigation against the United States as oil valuation is concerned that are di- and House rules We strongly protest the Majority’s trans- rectly the purview of this committee. We In applying the contempt statute, the parent attempt to use the powers of the have legislation in front of us that tries to courts have required that a committee Committee on Resources—and of the House— determine a valuation method for oil. Right strictly follow its own rules and those of the to assist favored parties in pending litigation now, the administration and the Minerals House. Yellin v. United States, 374 U.S. 109 with hundreds of millions of dollars of roy- Management Service has some regulation or (1962). The conduct of the investigation re- alty payments at stake. The Majority’s dif- proposed regulation that should not go into lated to this Contempt of Congress Resolu- ficulties in describing a legitimate purpose October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11397 for their investigation are compounded be- Analysis of each citation for contempt in the when asked if he knew about the Johnson v. cause they appear to be seeking information resolution Shell lawsuit while it was under seal, Mr. which would damage interests of the United A. Mr. Henry M. Banta Banta, on advice of counsel, refused to an- swer the question on the grounds that it was States both in royalty underpayment litiga- February 17, 2000, Subpoena Duces Tecum tion and in industry challenges to recently not pertinent to the investigation. The Ma- (1) Redacting Records: Mr. Banta is cited for revised oil and gas royalty regulations. Their jority failed to provide a proper foundation providing a record of the February 5, 1998, interest in the pending litigation matters or ‘‘connective reasoning’’ for the question POGO Board Meeting minutes ‘‘redacted so has been made clear, for example, by a to be pertinent to the jurisdiction of the severely as to have no meaning.’’ In response March 6, 2000, letter from Don Young to Committee on Resources. Moreover, as dis- to the Chairman’s June 26, 2000, letter, Mr. cussed above, seeking to obtain and disclose POGO’s attorney which states in part: ‘‘On Banta’s attorney supplied a less redacted November 29, 1999, an adversary of your cli- information to assist parties in pending liti- copy of the same record. Thus, the charge is gation is not a legitimate purpose for a con- ents’ interests in the proceedings of Johnson without merit. v. Shell litigation provided sworn testimony gressional investigation. Moreover, at the Moreover, Mr. Banta, as a private attorney time the Chair ruled the question ‘‘perti- in a federal court hearing which appears to and in his role as Chairman and Member of directly contradict sworn statements made nent’’ and polled the Members on the ques- the Board of Directors of POGO, was not the tion, the Subcommittee did not have a by your client, Danielle Brian. To begin individual responsible for maintaining weighing the merits of those conflicting quorum for conducting business as required POGO’s Board Meeting minutes. POGO’s at- under the Committee on Resources’ rules. statements, Committee counsel telephoned torney supplied the Board Meeting minutes, you and explained that I intended to sub- including subsequent revisions to accommo- B. Mr. Robert A. Berman poena records of telephone calls between date the requirements of the subpoenas Subpoenas to Appear on May 18 and July POGO or Danielle Brian and that witness.’’ issued to POGO. Thus, Mr. Banta should not 11, 2000 Given the Majority’s keen interest in this be held in contempt for not producing such Refusal to Answer: On May 18, 2000, when pending civil lawsuit, it is not accidental documents. Mr. Berman appeared under subpoena before that lawyers for the companies involved in (2) Refusing to Comply with Orders to the Subcommittee, he objected to testifying those proceedings have been closely moni- Produce: The Resolution cites Mr. Banta at a public hearing on the grounds that toring the Committee on Resources’ inves- with contempt of Congress for not providing Members of the Majority had defamed him tigation. Because the Chair has ruled that certain documents. Mr. Banta, on advice of during the hearing held May 4, 2000. For ex- the investigation is not restricted by attor- counsel, has not produced such records that ample, Rep. Kevin Brady of Texas had called ney-client or other privileges, the Majority relate to his work as counsel to the State of him a ‘‘common thief’’ during the prior hear- has freely sought to obtain documents and California, citing 30 U.S.C. 1733 which re- ing. On advice of counsel, he declined to an- probe on matters which would otherwise be stricts the disclosure by states of confiden- swer questions unless Members waived their off-limits in court. tial business information provided by the De- immunities from lawsuits. Mr. Berman also partment of the Interior in the administra- demanded that the Subcommittee convene in On July 10, 2000, the law firm of Fulbright tion of oil royalty programs. Mr. Banta, in executive session as required under House and Jaworski filed a motion in the U.S. Dis- the course of his representation of the State Rule XI, Clause 2(k). Despite objections by trict Court for the Eastern District of Texas of California’s Auditor, is required to keep democratic Members, the Chair refused to in ‘‘Opposition of Defendant Shell Oil Com- certain information confidential. It is not apply the House Rules on investigative hear- pany to Project on Government Oversight within Mr. Banta’s authority to release or ing procedures. and Henry M. Banta’s Motion for Protective produce these records for the Committee on After confirming that they had in fact Order’’ (Attachment B). In that motion, Resources. Mr. Banta should not be held in failed to follow the House Rules governing Shell Oil’s lawyers argued that new evidence contempt for not producing that which he is investigative hearings, the Majority at- developed by the Subcommittee on Energy not authorized to release. tempted to cure the error by subpoenaing and Mineral Resources required that the April 10, 2000, Subpoena Duces Tecum Mr. Berman to reappear at a second hearing court reexamine the relevance of the pay- (1) Failure to Comply: The Resolution on July 11, 2000. Mr. Berman, on the advice of ments to Berman and Speir, asserting that charges Mr. Banta with contempt for not counsel, refused to answer certain questions ‘‘subsequent testimony by Mr. Banta and Ms. producing a log of responsive records with- in executive session. Only after voting on a Brian in recent Congressional oversight held under a claim of privilege. However, Mr. factually incorrect motion to report Mr. Ber- hearings demonstrate that POGO did not ac- Banta, through his attorneys, did produce a man’s responses to the Committee did the curately advise the court in its pleadings record of responsive records withheld under a Majority allow Mr. Berman to make a state- . . .’’. As evidence, the Shell lawyers cite claim of privilege and identified the privi- ment to the Subcommittee on Energy and various statements and documents used at lege. A log is not specifically required under Mineral Resources. The Majority’s failure to the Subcommittee on Energy & Mineral Re- the subpoena. The subpoena required Mr. follow the Committee and House Rules that sources’ hearings on May 4 and May 18, 2000. Banta to ‘‘specify and characterize the protect the rights of witnesses, their failure to establish a clear purpose within the Com- POGO had previously argued to the court record so withheld and specify the objection mittee on Resources’ jurisdiction for the in- that this subject matter was irrelevant to or constitutional privilege under which the vestigation, and their failure to provide a the issues of royalty underpayments: ‘‘it is record is withheld.’’ Consequently, when Mr. proper foundation or connective reasoning the law of case that the Berman/Speir mat- Banta’s attorneys provided additional cor- for their questions, collectively add up to a ter is unrelated to the merits of the case.’’ respondence in response to the Chairman’s failure to prove the elements of criminal On July 14, 2000, the federal judge agreed and rejection of the previously supplied log, and explained the constitutional privilege under contempt beyond a reasonable doubt. Under ruled the Shell’s lawyers were not allowed to these circumstances, Mr. Berman’s conduct ask any questions of Henry M. Banta regard- which a document was being withheld; they complied with the terms of the subpoena. does not justify a citation for contempt by ing POGO’s sharing of settlement proceeds the House. with Robert Berman and Robert Speir. (At- Mr. Banta should not be held in contempt for tachment C) not producing a log that (a) he was not spe- C. Mr. Keith Rutter cifically required to produce and that (b) he April 10, 2000 Subpoena Duces Tecum In effect, the federal judge’s July 14, 2000, provided in material fact in correspondence. (1) Withholding Records: The Resolution ruling affirms his prior decision that how (2) Refusal to Produce: The Resolution cites POGO distributed its portion of the Mobile cites Mr. Rutter with contempt for with- Mr. Banta with contempt because he ‘‘pos- holding certain tax documents. Under the settlement is irrelevant to the central ques- sesses but did not produce an unredacted tion in the pending Johnson v. Shell litiga- subpoena, Mr. Rutter, the POGO employee in agenda for the February 17, 1998, POGO charge of general administrative matters, tion: did Shell underpay royalties owed to Board Meeting and unredacted minutes of federal government for oil and gas obtained was directed to produce copies of POGO’s an- the October 27, 1998 POGO Board Meeting and nual IRS Form 990 and Form 1023 (relating to from public lands? unredacted minutes of the October 27, 1998 tax-exempt status). The subpoena also de- The oil and gas industry’s attempt to dis- POGO Board Meeting.’’ To the contrary, Mr. manded production of POGO’s original appli- tract attention away from this core issue has Banta does not possess these documents, nor cation for tax-exempt status and subsequent failed thus far in the courts and it should was he responsible for maintaining such doc- correspondence with the Internal Revenue meet a similar fate in the Congress. Seeking uments. POGO, through its attorney, has Service. In June 1999, POGO provided the re- to obtain and disclose information to assist supplied redacted versions of these docu- quested documents for tax year 1998, which participants in litigation is not a legitimate ments, including revisions, in response to included revenue from the oil royalty litiga- purpose of a committee investigation. Hav- the subpoenas issued to the corporate entity. tion, as well as reporting the public service ing provided no adequate jurisdictional foun- The House should not find Mr. Banta in con- awards to Berman and Speir. On July 11, dation for the relevance of the Majority’s tempt on these facts. 2000, POGO, through its attorneys, provided questions and document demands at issue in Subpoena to Appear on May 18, 2000 the Committee with an amended tax return this Resolution, there is accordingly no basis Refusal to Answer: On this count, the Reso- for 1998. In a letter dated April 21, 2000, for the House to hold in contempt the indi- lution cites Mr. Banta with contempt of Con- POGO’s attorney notified the Committee viduals cited or POGO. gress because during the May 18 hearing, that they would not produce the additional H11398 CONGRESSIONAL RECORD — HOUSE October 27, 2000 tax documents on the grounds that the House should not find Ms. Brian in contempt Mr. YOUNG of Alaska. Mr. Speaker, I Chair’s demand for the other tax documents on this charge. yield 30 seconds to the gentleman from unrelated to the payments to Berman and Subpoena to Appear on May 18, 2000 Texas (Mr. Brady). Speir were not pertinent to the stated pur- Failure to Reply: The Resolution charges Mr. BRADY of Texas. Mr. Speaker, pose of the Committee’s investigation and, Ms. Brian with contempt for her refusal to we asked. To the attorney for the spe- additionally, further inquiry into POGO’s answer a question relating to the extent, if tax status was outside the Committee’s ju- cial interest group we asked, ‘‘Did you any, of her knowledge of Johnson v. Shell have knowledge of this lawsuit that risdiction. Ironically, POGO’s tax returns, litigation while it was under seal. As dis- including those subpoenaed by the Majority, cussed above, Ms. Brian should not be held in was under seal, that was held confiden- are publicly available. The House should not contempt for declining to answer a question tial by the Court?’’ All he had to do find Mr. Rutter in contempt for not pro- related to the Johnson v. Shell litigation. was answer, ‘‘No, of course not. I am a ducing material which is not pertinent and The Majority has failed to provide either the private citizen. Why would I know of a which the Majority could have accessed connective reasoning or build a foundation sealed document?’’ through widely available means. to justify this question as pertinent to the (2) Failure to Produce: The Resolution cites Of the two government employees, investigation. Gojack v. United States, 384 we wanted to ask, ‘‘What service did Mr. Rutter with contempt for failure to U.S. 702 (1966). As stated above, it is not a le- produce a log of the responsive records with- gitimate purpose for a congressional inves- you provide to receive three-quarters held by him under a claim of privilege. A log tigation to seek to obtain and disclose infor- of a million dollars?’’ Because one does is not specifically required under the sub- mation to assist parities in pending. More- not get something for nothing in this poena. The subpoena required Mr. Rutter to over, at the time the Subcommittee Chair world. ‘‘specify and characterize the record so with- ruled the question ‘‘pertinent’’ during the We could never get these basic perti- held and specify the objection or constitu- hearing and polled the Members on the ques- nent questions answered. That is the tional privilege under which the record is tion, there was no quorum present as re- truth we were seeking. withheld.’’ As is evidenced by the Majority’s quired under the Committee on Resources’ own exhibit, this requirement has been met. rules. Accordingly, the House should not cite Mr. YOUNG of Alaska. Mr. Speaker, I Therefore, the House should not find Mr. Ms. Brian for contempt in this instance. yield myself such time as I may con- Rutter in contempt on these grounds. E. Project on Government Oversight sume. Mr. Speaker, we have heard a lot D. Ms. Danielle Brian Stockton February 17, 2000 Subpoena Duces Tecum today, and I would just like to clarify June 18, 1999 Subpoena Duces Tecum (1) Refusal to Produce Records: The Resolu- (1) Redacting Records: The Resolution cites tion cites POGO, a nonprofit corporate enti- some of the things that were said. The Ms. Brian with contempt for withholding ty, with contempt for not producing records rules of this House, the Supreme Court minutes of two POGO Board Meetings. Ms. showing the names and office addresses of say the committee can judge what is Brian has asserted that she does not hold or POGO Directors responsible for POGO’s oil pertinent, not the witness. That is the possess these or any other documents not royalty effort from its inception in 1993 rules and that is the Supreme Court. previously supplied to the Committee under through the present. In correspondence dated We told all three of these parties that her subpoena. She was not responsible for February 28, 2000, POGO’s attorneys stated was the case, and they still declined to maintaining these documents. In addition, that POGO had not withheld records with answer. POGO, through its attorney, has supplied re- current Board Members’ names and address- dacted versions of these documents, includ- es. They gave these records to the Com- Let us make it perfectly clear that ing revisions, in response to the subpoena mittee in 1999 when POGO provided its 1998 POGO is not the whistleblower. Neither issued to the corporate entity. The House nonprofit 501(c) corporate tax forms, which are the gentlemen or ladies that are in- should not find Ms. Brian in contempt for included that information. On pertinency volved in these contempt citations the not producing records that which she does grounds, POGO has declined to provide the whistleblowers. The whistleblower, not possess. names and addresses of those Board Members Johnson, was filed on top of for money. (2) Withholding Records: Under this cita- (if any) that were on the Board in 1994 and POGO now is under criminal investiga- tion, the Resolution charges Ms. Brian with have left since that time. They have pro- tion as I stand here and speak. contempt for not producing agendas and vided the name and address of one Board minutes from POGO Board Meetings that oc- Member who joined in 1999. Mr. Speaker, I know that this is such curred on January 5, 1995; December 9, 1996; Secondly, the Resolution cites POGO for a serious debate, that we have to have April 26, 1999; and September 9, 1999. POGO contempt for not producing records con- more debate. So I ask unanimous con- produced these records, through its attorney cerning payments to Messrs. Berman and sent, pursuant to clause 2 of rule XVI, as required by the subpoena issued to POGO. Speir discussed by POGO since January 1, to withdraw the resolution. Ms. Brian has asserted that she does not pos- 1999. To the contrary, POGO, through its at- The SPEAKER pro tempore (Mr. sess these documents and was not respon- torneys, has provided the documents to the Committee. Accordingly, the House should PEASE). Pursuant to clause 2 of rule sible for maintaining the documents. As Ms. XVI, and the precedent of the House of Brian does not have such records within her not find POGO in contempt on these possession, she could not produce them. In- grounds. Moreover, even if the House was to April 8, 1964, the gentleman does not stead, the documents were provided to the find POGO in contempt, it is unclear who the require unanimous consent. The gen- Committee by POGO’s attorney in response U.S. Attorney would be compelled to pros- tleman may by right withdraw the res- to the subpoena of POGO. The House should ecute as the Majority has not specified which olution at this point. not hold Ms. Brian in contempt for not pro- of the officers of board of directors would be The resolution was withdrawn. ducing documents that she does not have in the responsible parties. At least one of the board members, Chuck Hamel, testified that her possession and which have been provided f to the Committee under the proper sub- he had been recused from all matters dealing poena. with the royalty underpayment litigation. (2) Refusing to Comply: The Resolution cites RECESS February 17, 2000 Subpoena Duces Tecum POGO for refusing to provide a log of respon- (1) Failure to Comply: The Resolution cites sive records withheld from production under The SPEAKER pro tempore. Pursu- Danielle Brian with contempt for not pro- this subpoena. POGO, through its attorneys, ant to clause 12 of rule I, the Chair de- ducing unredacted telephone records from has asserted that they have produced all re- clares the House in recess subject to her office and personal residence for a period sponsive records. In those instances where the call of the Chair. covering eighteen months. Ms. Brian offered they have declined to provide a document, Accordingly (at 11 o’clock and 36 to provide a redacted version of the phone they have, as required under the subpoena, records under this subpoena. However, the provided a written explanation. A log is not minutes a.m.), the House stood in re- Majority insisted that they be allowed to re- specifically required under the subpoena. cess subject to the call of the Chair. view all phone records—personal and profes- The subpoena required POGO to ‘‘specify and sional—from the 18-month period and then characterize the record so withheld and f decide which ones to copy for their files. specify the objection or constitutional privi- POGO is an organization that works exten- lege under which the record is withheld.’’ b sively with whistleblowers from a wide array This requirement has been met. Therefore, 1210 of areas, including defense contractor and the House should not find POGO in con- health care fraud and they have asserted a tempt. Again, even if the House were to find AFTER RECESS First Amendment privilege against allowing this nonprofit corporate entity in contempt, unfettered access to these. Since Ms. Brian it is unclear who the U.S. Attorney would be The recess having expired, the House was willing to provide redacted versions of compelled to prosecute, as the Resolution was called to order by the Speaker pro these records, and the Majority refused to does not specify which of the officers or tempore (Mr. LATOURETTE) at 12 negotiate a reasonable alternative, the board of directors are to be prosecuted. o’clock and 10 minutes p.m. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11399 ANNOUNCEMENT BY THE SPEAKER Capuano Hobson Ney Thompson (MS) Upton Weller Cardin Hoeffel Northup Thornberry Velazquez Wexler PRO TEMPORE Carson Hoekstra Norwood Thune Visclosky Weygand The SPEAKER pro tempore (Mr. Castle Holden Nussle Thurman Vitter Whitfield Chabot Holt Oberstar Tiahrt Walden Wicker LATOURETTE). Pursuant to clause 8, Chambliss Hooley Obey Tierney Wamp Wilson rule XX, the Chair will now put the Clay Horn Olver Toomey Waters Wolf question de novo on each motion to Clayton Hostettler Ortiz Towns Watkins Woolsey suspend the rules on which further pro- Clement Houghton Ose Traficant Watt (NC) Wu Clyburn Hoyer Owens Turner Weiner Wynn ceedings were postponed yesterday in Coble Hulshof Oxley Udall (CO) Weldon (FL) Young (AK) the order in which that motion was en- Collins Hunter Pallone Udall (NM) Weldon (PA) Young (FL) tertained. Combest Hutchinson Pascrell NAYS—2 Votes will be taken in the following Condit Hyde Pastor Cook Inslee Payne Paul Sanford order: Cooksey Istook Pease S. 2943, Costello Jackson (IL) Pelosi NOT VOTING—45 H.R. 2498, Crane Jackson-Lee Peterson (MN) Abercrombie Franks (NJ) Metcalf H. Res. 650, Crowley (TX) Petri Barr Ganske Mollohan Cubin Jefferson Phelps Bilbray Graham Packard H. Res. 655, Cummings Jenkins Pickering Brady (PA) Hefley Peterson (PA) S. 2712, Cunningham John Pitts Campbell Isakson Pickett H.R. 5309, Davis (FL) Johnson (CT) Pombo Chenoweth-Hage Kasich Quinn S. 3194, Davis (IL) Johnson, E. B. Pomeroy Coburn Kingston Sessions Davis (VA) Johnson, Sam Porter Conyers Klink Shays H.R. 4399, and Deal Jones (NC) Portman Cox Kolbe Spratt H.R. 4400. DeFazio Jones (OH) Price (NC) Coyne Lazio Stark The Chair will reduce to 5 minutes DeGette Kanjorski Pryce (OH) Cramer Martinez Talent Delahunt Kaptur Radanovich Danner McCollum Walsh the time for any electronic vote after DeLauro Kelly Rahall Dickey McInnis Watts (OK) the first such vote in this series. DeLay Kennedy Ramstad Dunn McIntosh Waxman DeMint Kildee Rangel Fowler McKeon Wise f Deutsch Kilpatrick Regula Diaz-Balart Kind (WI) Reyes b 1230 INTERNATIONAL MALARIA Dicks King (NY) Reynolds Mr. HILLIARD changed his vote from CONTROL ACT OF 2000 Dingell Kleczka Riley Dixon Knollenberg Rivers ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. The un- Doggett Kucinich Rodriguez So (two-thirds having voted in favor finished business is the question of sus- Dooley Kuykendall Roemer thereof) the rules were suspended and Doolittle LaFalce Rogan pending the rules and passing the Sen- Doyle LaHood Rogers the Senate bill, as amended, was ate bill, S. 2943, as amended. Dreier Lampson Rohrabacher passed. The Clerk read the title of the Senate Duncan Lantos Ros-Lehtinen The result of the vote was announced bill. Edwards Largent Rothman as above recorded. Ehlers Larson Roukema The SPEAKER pro tempore. The Ehrlich Latham Roybal-Allard The title of the Senate bill was question is on the motion offered by Emerson LaTourette Royce amended so as to read: ‘‘A bill to au- the gentleman from New York (Mr. Engel Leach Rush thorize additional assistance for inter- GILMAN) that the House suspend the English Lee Ryan (WI) national malaria control, and for other Eshoo Levin Ryun (KS) rules and pass the Senate bill, as Etheridge Lewis (CA) Sabo purposes.’’. amended. Evans Lewis (GA) Salmon A motion to reconsider was laid on The question was taken. Everett Lewis (KY) Sanchez the table. Ewing Linder Sanders The SPEAKER pro tempore. In the Farr Lipinski Sandlin f opinion of the Chair, two-thirds of Fattah LoBiondo Sawyer those present have voted in the affirm- Filner Lofgren Saxton ANNOUNCEMENT BY THE SPEAKER ative. Fletcher Lowey Scarborough PRO TEMPORE Foley Lucas (KY) Schaffer Mr. TIERNEY. Mr. Speaker, I object Forbes Lucas (OK) Schakowsky The SPEAKER pro tempore (Mr. to the vote on the ground that a Ford Luther Scott LATOURETTE). Pursuant to clause 8 of quorum is not present and make the Fossella Maloney (CT) Sensenbrenner rule XX, the Chair will reduce to 5 min- Frank (MA) Maloney (NY) Serrano point of order that a quorum is not Frelinghuysen Manzullo Shadegg utes the minimum time for electronic present. Frost Markey Shaw voting on each additional motion to The SPEAKER pro tempore. Evi- Gallegly Mascara Sherman suspend the rules on which the Chair dently a quorum is not present. Gejdenson Matsui Sherwood Gekas McCarthy (MO) Shimkus has postponed further proceedings. The Sergeant at Arms will notify ab- Gephardt McCarthy (NY) Shows f sent Members. Gibbons McCrery Shuster This will be a 15-minute vote, fol- Gilchrest McDermott Simpson CARDIAC ARREST SURVIVAL ACT Gillmor McGovern Sisisky lowed by a series of 5-minute votes, if Gilman McHugh Skeen OF 2000 ordered. Gonzalez McIntyre Skelton The SPEAKER pro tempore. The un- The vote was taken by electronic de- Goode McKinney Slaughter finished business is the question of sus- vice, and there were—yeas 385, nays 2, Goodlatte McNulty Smith (MI) Goodling Meehan Smith (NJ) pending the rules and concurring in the not voting 45, as follows: Gordon Meek (FL) Smith (TX) Senate amendment to the bill, H.R. [Roll No. 564] Goss Meeks (NY) Smith (WA) 2498. Granger Menendez Snyder YEAS—385 Green (TX) Mica Souder The Clerk read the title of the bill. Ackerman Bass Bono Green (WI) Millender- Spence The SPEAKER pro tempore. The Aderholt Becerra Borski Greenwood McDonald Stabenow question is on the motion offered by Allen Bentsen Boswell Gutierrez Miller (FL) Stearns Andrews Bereuter Boucher Gutknecht Miller, Gary Stenholm the gentleman from Florida (Mr. BILI- Archer Berkley Boyd Hall (OH) Miller, George Strickland RAKIS) that the House suspend the rules Armey Berman Brady (TX) Hall (TX) Minge Stump and concur in the Senate amendment Baca Berry Brown (FL) Hansen Mink Stupak to the bill, H.R. 2498. Bachus Biggert Brown (OH) Hastings (FL) Moakley Sununu Baird Bilirakis Bryant Hastings (WA) Moore Sweeney The question was taken. Baker Bishop Burr Hayes Moran (KS) Tancredo The SPEAKER pro tempore. In the Baldacci Blagojevich Burton Hayworth Moran (VA) Tanner opinion of the Chair, two-thirds of Baldwin Bliley Buyer Herger Morella Tauscher Ballenger Blumenauer Callahan Hill (IN) Murtha Tauzin those present have voted in the affirm- Barcia Blunt Calvert Hill (MT) Myrick Taylor (MS) ative. Barrett (NE) Boehlert Camp Hilleary Nadler Taylor (NC) RECORDED VOTE Barrett (WI) Boehner Canady Hilliard Napolitano Terry Bartlett Bonilla Cannon Hinchey Neal Thomas Mr. ALLEN. Mr. Speaker, I demand a Barton Bonior Capps Hinojosa Nethercutt Thompson (CA) recorded vote. H11400 CONGRESSIONAL RECORD — HOUSE October 27, 2000 A recorded vote was ordered. Pastor Sandlin Taylor (NC) The question was taken; and (two- Payne Sawyer Terry The SPEAKER pro tempore. This Pease Saxton Thomas thirds having voted in favor thereof) will be a 5-minute vote. Pelosi Scarborough Thompson (CA) the rules were suspended and the reso- The vote was taken by electronic de- Peterson (MN) Schaffer Thompson (MS) lution was agreed to. Petri Schakowsky Thornberry A motion to reconsider was laid on vice, and there were—ayes 384, noes 2, Phelps Scott Thune not voting 46, as follows: Pickering Sensenbrenner Thurman the table. Pitts Serrano Tiahrt f [Roll No. 565] Pombo Shadegg Tierney AYES—384 Pomeroy Shaw Toomey FIRE ADMINISTRATION Porter Sherman Towns Ackerman Dicks Johnson, E. B. Portman Sherwood Traficant AUTHORIZATION ACT OF 2000 Aderholt Dingell Johnson, Sam Price (NC) Shimkus Turner The SPEAKER pro tempore. The un- Allen Dixon Jones (NC) Pryce (OH) Shows Udall (CO) Andrews Doggett Jones (OH) Radanovich Shuster Udall (NM) finished business is the question of sus- Archer Dooley Kanjorski Rahall Simpson Upton pending the rules and agreeing to the Armey Doolittle Kaptur Ramstad Sisisky Velazquez resolution, H. Res. 655. Baca Doyle Kelly Rangel Skeen Visclosky Bachus Dreier Kennedy Regula Skelton Vitter The Clerk read the title of the resolu- Baird Duncan Kildee Reyes Slaughter Walden tion. Baker Edwards Kilpatrick Reynolds Smith (MI) Wamp The SPEAKER pro tempore. The Baldacci Ehlers Kind (WI) Riley Smith (NJ) Waters question is on the motion offered by Baldwin Ehrlich King (NY) Rivers Smith (TX) Watkins Ballenger Emerson Kleczka Rodriguez Smith (WA) Watt (NC) the gentleman from Wisconsin (Mr. Barcia Engel Knollenberg Roemer Snyder Weiner SENSENBRENNER) that the House sus- Barrett (NE) English Kucinich Rogan Souder Weldon (FL) pend the rules and agree to the resolu- Barrett (WI) Eshoo Kuykendall Rogers Spence Weldon (PA) Bartlett Etheridge LaFalce Rohrabacher Stabenow Weller tion, H. Res. 655. Barton Evans LaHood Ros-Lehtinen Stearns Wexler The question was taken. Bass Everett Lampson Rothman Stenholm Weygand The SPEAKER pro tempore. In the Becerra Ewing Lantos Roukema Strickland Whitfield opinion of the Chair, two-thirds of Bentsen Farr Largent Roybal-Allard Stump Wicker Bereuter Fattah Larson Royce Stupak Wilson those present have voted in the affirm- Berkley Filner Latham Rush Sununu Wolf ative. Berman Fletcher LaTourette Ryan (WI) Sweeney Woolsey RECORDED VOTE Berry Foley Leach Ryun (KS) Tancredo Wu Biggert Forbes Lee Sabo Tanner Wynn Mr. GEJDENSON. Mr. Speaker, I de- Bilirakis Ford Levin Salmon Tauscher Young (AK) mand a recorded vote. Bishop Fossella Lewis (CA) Sanchez Tauzin Young (FL) A recorded vote was ordered. Blagojevich Frank (MA) Lewis (GA) Sanders Taylor (MS) Bliley Frelinghuysen Lewis (KY) The SPEAKER pro tempore. This Blumenauer Frost Linder NOES—2 will be a 5-minute vote. Blunt Gallegly Lipinski Paul Sanford Boehlert Gejdenson LoBiondo The vote was taken by electronic de- Boehner Gekas Lofgren NOT VOTING—46 vice, and there were—ayes 384, noes 5, Bonilla Gephardt Lowey Abercrombie Ganske Mollohan not voting 43, as follows: Bonior Gibbons Lucas (KY) Barr Graham Packard Bono Gilchrest Lucas (OK) [Roll No. 566] Bilbray Hefley Peterson (PA) Borski Gillmor Luther AYES—384 Brady (PA) Isakson Pickett Boswell Gilman Maloney (CT) Campbell Kasich Quinn Ackerman Calvert Ehlers Boucher Gonzalez Maloney (NY) Chenoweth-Hage Kingston Sessions Aderholt Camp Ehrlich Boyd Goode Manzullo Coburn Klink Shays Allen Canady Emerson Brady (TX) Goodlatte Markey Conyers Kolbe Spratt Andrews Cannon Engel Brown (FL) Goodling Mascara Cox Lazio Stark Archer Capps English Brown (OH) Gordon Matsui Coyne Martinez Talent Armey Capuano Eshoo Bryant Goss McCarthy (MO) Cramer McCollum Walsh Baca Cardin Etheridge Burr Granger McCarthy (NY) Danner McInnis Watts (OK) Bachus Carson Evans Burton Green (TX) McCrery Dickey McIntosh Waxman Baird Castle Everett Buyer Green (WI) McDermott Dunn McKeon Wise Baker Chabot Ewing Callahan Greenwood McGovern Fowler Metcalf Baldacci Chambliss Farr Calvert Gutierrez McHugh Franks (NJ) Miller, George Baldwin Clay Fattah Camp Gutknecht McIntyre Ballenger Clayton Filner Canady Hall (OH) McKinney b Barcia Clement Fletcher Cannon 1240 Hall (TX) McNulty Barrett (NE) Clyburn Foley Capps Hansen Meehan So (two-thirds having voted in favor Barrett (WI) Coble Forbes Capuano Hastings (FL) Meek (FL) Bartlett Collins Ford Cardin thereof) the rules were suspended and Hastings (WA) Meeks (NY) Barton Combest Fossella Carson the Senate amendment was concurred Hayes Menendez Bass Condit Frank (MA) Castle Hayworth Mica in. Becerra Cook Frelinghuysen Chabot Herger Millender- The result of the vote was announced Bentsen Cooksey Frost Chambliss Hill (IN) McDonald Bereuter Costello Gallegly Clay as above recorded. Hill (MT) Miller (FL) Berkley Crane Gejdenson Clayton Hilleary Miller, Gary A motion to reconsider was laid on Berman Crowley Gekas Clement Hilliard Minge the table. Berry Cubin Gephardt Clyburn Hinchey Mink Biggert Cummings Gibbons Coble f Hinojosa Moakley Bilirakis Cunningham Gilchrest Collins Hobson Moore Bishop Davis (FL) Gillmor Combest Hoeffel Moran (KS) SENSE OF HOUSE WITH RESPECT Blagojevich Davis (IL) Gilman Condit Hoekstra Moran (VA) TO RELEASE OF FINDINGS AND Bliley Davis (VA) Gonzalez Cook Holden Morella Blumenauer Deal Goode Cooksey RECOMMENDATIONS BY FED- Holt Murtha Blunt DeFazio Goodlatte Costello ERAL ENERGY REGULATORY Hooley Myrick Boehlert DeGette Goodling Crane Horn Nadler COMMISSION REGARDING ELEC- Boehner Delahunt Gordon Crowley Hostettler Napolitano TRICITY CRISIS IN CALIFORNIA Bonilla DeLauro Goss Cubin Houghton Neal Bonior DeLay Granger Cummings Hoyer Nethercutt The SPEAKER pro tempore. The un- Bono DeMint Green (TX) Cunningham Hulshof Ney finished business is the question of sus- Borski Deutsch Green (WI) Davis (FL) Hunter Northup Boswell Diaz-Balart Greenwood Davis (IL) pending the rules and agreeing to the Hutchinson Norwood Boucher Dicks Gutierrez Davis (VA) Hyde Nussle resolution, H. Res. 650. Boyd Dingell Gutknecht Deal Inslee Oberstar The Clerk read the title of the resolu- Brady (TX) Dixon Hall (OH) DeFazio Istook Obey Brown (FL) Doggett Hall (TX) DeGette tion. Jackson (IL) Olver Brown (OH) Dooley Hansen Delahunt The SPEAKER pro tempore. The Jackson-Lee Ortiz Bryant Doolittle Hastings (FL) DeLauro (TX) Ose question is on the motion offered by Burr Doyle Hastings (WA) DeLay Jefferson Owens the gentleman from California (Mr. Burton Dreier Hayes DeMint Jenkins Oxley Buyer Duncan Hayworth Deutsch COX) that the House suspend the rules John Pallone Callahan Edwards Herger Diaz-Balart Johnson (CT) Pascrell and agree to the resolution, H.Res. 650. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11401 Hill (IN) McNulty Sanford Spratt Talent Waxman Filner Lewis (CA) Ros-Lehtinen Hill (MT) Meehan Sawyer Stark Watts (OK) Wise Fletcher Lewis (GA) Rothman Hilleary Meek (FL) Saxton Foley Lewis (KY) Roybal-Allard Hilliard Meeks (NY) Scarborough b 1250 Forbes Linder Royce Hinchey Menendez Schaffer Ford Lipinski Rush Hinojosa Mica Schakowsky So (two-thirds having voted in favor Fossella LoBiondo Ryan (WI) Hobson Millender- Scott thereof) the rules were suspended and Frank (MA) Lofgren Ryun (KS) Hoeffel McDonald Sensenbrenner the resolution was agreed to. Frelinghuysen Lowey Sabo Hoekstra Miller (FL) Serrano Frost Lucas (KY) Salmon Holden Miller, Gary Shaw The result of the vote was announced Gallegly Lucas (OK) Sanchez Holt Miller, George Sherman as above recorded. Gejdenson Luther Sanders Hooley Minge Sherwood The title of H.R. 1550 was amended so Gekas Maloney (CT) Sandlin Horn Mink Shimkus as to read: ‘‘An Act to authorize appro- Gephardt Maloney (NY) Sanford Hostettler Moakley Shows Gibbons Manzullo Sawyer Houghton Moore Shuster priations for the United States Fire Gilchrest Markey Saxton Hoyer Moran (KS) Simpson Administration, and for carrying out Gillmor Mascara Scarborough Hulshof Moran (VA) Sisisky the Earthquake Hazards Reduction Act Gilman Matsui Schaffer Hunter Morella Skeen Gonzalez McCarthy (MO) Schakowsky Hutchinson Murtha Skelton of 1977, for fiscal years 2001, 2002, and Goode McCarthy (NY) Scott Hyde Myrick Slaughter 2003, and for other purposes.’’ Goodlatte McCrery Sensenbrenner Inslee Nadler Smith (MI) A motion to reconsider was laid on Goodling McDermott Serrano Istook Napolitano Smith (NJ) the table. Gordon McGovern Shadegg Jackson (IL) Neal Smith (TX) Goss McHugh Shaw Jackson-Lee Nethercutt Smith (WA) f Granger McIntyre Sherman (TX) Ney Snyder Green (TX) McKinney Sherwood Jefferson Northup Souder REPORTS CONSOLIDATION ACT OF Green (WI) McNulty Shimkus Jenkins Norwood Spence Greenwood Meehan Shows John Nussle Stabenow 2000 Gutierrez Meek (FL) Shuster Johnson (CT) Oberstar Stearns The SPEAKER pro tempore (Mr. Gutknecht Meeks (NY) Simpson Johnson, E.B. Obey Stenholm Hall (OH) Menendez Sisisky Jones (NC) Olver Strickland LATOURETTE). The unfinished business Hall (TX) Mica Skeen Jones (OH) Ortiz Stupak is the question of suspending the rules Hansen Millender- Skelton Kanjorski Ose Sununu and passing the Senate bill, S. 2712. Hastings (FL) McDonald Slaughter Kaptur Owens Sweeney The Clerk read the title of the Senate Hastings (WA) Miller (FL) Smith (MI) Kelly Oxley Tancredo Hayes Miller, Gary Smith (NJ) Kennedy Packard Tanner bill. Hayworth Miller, George Smith (TX) Kildee Pallone Tauscher The SPEAKER pro tempore. The Herger Minge Smith (WA) Kilpatrick Pascrell Tauzin question is on the motion offered by Hill (IN) Mink Snyder Kind (WI) Pastor Taylor (NC) Hill (MT) Moakley Souder King (NY) Payne Terry the gentleman from California (Mr. Hilleary Moore Spence Kleczka Pease Thomas HORN) that the House suspend the rules Hilliard Moran (KS) Stabenow Knollenberg Pelosi Thompson (CA) and pass the Senate bill, S. 2712. Hinchey Moran (VA) Stearns Kucinich Peterson (MN) Thompson (MS) The question was taken. Hinojosa Morella Stenholm Kuykendall Petri Thornberry Hobson Murtha Strickland LaFalce Phelps Thune The SPEAKER pro tempore. In the Hoeffel Myrick Stump LaHood Pickering Thurman opinion of the Chair, two-thirds of Hoekstra Nadler Stupak Lampson Pitts Tiahrt those present have voted in the affirm- Holden Napolitano Sununu Lantos Pombo Tierney Holt Neal Sweeney Largent Pomeroy Toomey ative. Hooley Nethercutt Tancredo Larson Porter Towns RECORDED VOTE Horn Ney Tanner Latham Portman Traficant Mr. SHERMAN. Mr. Speaker, I de- Hostettler Northup Tauscher LaTourette Price (NC) Turner Houghton Norwood Tauzin Leach Pryce (OH) Udall (CO) mand a recorded vote. Hoyer Nussle Taylor (MS) Lee Radanovich Udall (NM) A recorded vote was ordered. Hulshof Oberstar Taylor (NC) Levin Rahall Upton The SPEAKER pro tempore. This is a Hunter Obey Terry Lewis (CA) Ramstad Velazquez Hutchinson Olver Thomas Lewis (GA) Rangel Visclosky 5-minute vote. Hyde Ortiz Thompson (CA) Lewis (KY) Regula Vitter The vote was taken by electronic de- Inslee Ose Thompson (MS) Linder Reyes Walden vice, and there were—ayes 385, noes 0, Istook Owens Thornberry Lipinski Reynolds Walsh not voting 47, as follows: Jackson (IL) Oxley Thune LoBiondo Riley Wamp Jackson-Lee Packard Thurman Lofgren Rivers Waters [Roll No. 567] (TX) Pallone Tiahrt Lowey Rodriguez Watkins AYES—385 Jefferson Pascrell Toomey Lucas (KY) Roemer Watt (NC) Jenkins Pastor Towns Lucas (OK) Rogan Weiner Ackerman Bono Cubin John Paul Traficant Luther Rogers Weldon (FL) Aderholt Borski Cummings Johnson (CT) Payne Turner Maloney (CT) Rohrabacher Weldon (PA) Allen Boswell Cunningham Johnson, E. B. Pease Udall (CO) Maloney (NY) Ros-Lehtinen Weller Andrews Boucher Davis (FL) Johnson, Sam Pelosi Udall (NM) Manzullo Rothman Wexler Archer Boyd Davis (IL) Jones (NC) Peterson (MN) Upton Markey Roukema Weygand Armey Brown (FL) Davis (VA) Jones (OH) Petri Velazquez Mascara Roybal-Allard Whitfield Baca Brown (OH) Deal Kanjorski Phelps Visclosky Matsui Royce Wicker Bachus Bryant DeFazio Kaptur Pickering Vitter McCarthy (MO) Rush Wilson Baird Burr DeGette Kelly Pitts Walden McCarthy (NY) Ryan (WI) Wolf Baker Burton Delahunt Kennedy Pombo Walsh McCrery Ryun (KS) Woolsey Baldacci Buyer DeLauro Kildee Pomeroy Wamp McDermott Sabo Wu Baldwin Callahan DeMint Kilpatrick Porter Waters McGovern Salmon Wynn Ballenger Calvert Deutsch Kind (WI) Portman Watkins McHugh Sanchez Young (AK) Barcia Camp Diaz-Balart King (NY) Price (NC) Watt (NC) McIntyre Sanders Young (FL) Barrett (NE) Canady Dicks Kleczka Pryce (OH) Weiner McKinney Sandlin Barrett (WI) Cannon Dingell Knollenberg Radanovich Weldon (FL) Bartlett Capps Dixon Kucinich Rahall Weldon (PA) NOES—5 Barton Capuano Doggett Kuykendall Ramstad Weller Bass Cardin Dooley LaFalce Rangel Wexler Johnson, Sam Shadegg Taylor (MS) Becerra Carson Doolittle Paul Stump LaHood Regula Weygand Bentsen Castle Doyle Lampson Reyes Whitfield Bereuter Chabot Dreier NOT VOTING—43 Lantos Reynolds Wicker Berkley Chambliss Duncan Largent Riley Wilson Abercrombie Dunn McCollum Berman Clay Edwards Larson Rivers Wolf Barr Fowler McInnis Berry Clayton Ehlers Latham Rodriguez Woolsey Bilbray Franks (NJ) McIntosh Biggert Clement Ehrlich LaTourette Roemer Wu Brady (PA) Ganske McKeon Bilirakis Clyburn Emerson Leach Rogan Wynn Campbell Graham Metcalf Bishop Coble Engel Lee Rogers Young (AK) Chenoweth-Hage Hefley Mollohan Blagojevich Collins English Levin Rohrabacher Young (FL) Coburn Isakson Peterson (PA) Bliley Combest Eshoo Conyers Kasich Pickett Blumenauer Condit Etheridge NOT VOTING—47 Cox Kingston Blunt Cook Evans Quinn Abercrombie Brady (TX) Conyers Coyne Klink Boehlert Cooksey Everett Sessions Barr Campbell Cox Cramer Kolbe Boehner Costello Ewing Shays Bilbray Chenoweth-Hage Coyne Danner Lazio Bonilla Crane Farr Brady (PA) Coburn Cramer Dickey Martinez Bonior Crowley Fattah H11402 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Danner Klink Quinn Doolittle LaFalce Rogers NOES—8 DeLay Kolbe Roukema Doyle LaHood Rohrabacher Filner McDermott Oberstar Dickey Lazio Sessions Dreier Lampson Ros-Lehtinen Lee Meeks (NY) Sabo Dunn Martinez Shays Rothman Duncan Lantos Lofgren Nadler Fowler McCollum Spratt Edwards Largent Roukema Franks (NJ) McInnis Stark Ehlers Larson Roybal-Allard NOT VOTING—48 Ganske McIntosh Talent Royce Ehrlich Latham Abercrombie Ganske McKeon Graham McKeon Tierney Emerson LaTourette Rush Hefley Metcalf Watts (OK) Ryan (WI) Barr Graham Metcalf Engel Leach Isakson Mollohan Waxman Ryun (KS) Bilbray Gutierrez Minge English Levin Kasich Peterson (PA) Wise Salmon Brady (PA) Hefley Mollohan Eshoo Lewis (CA) Kingston Pickett Sanchez Campbell Hunter Peterson (PA) Etheridge Lewis (GA) Sanders Chenoweth-Hage Isakson Pickett b 1259 Evans Lewis (KY) Sandlin Coburn Kaptur Quinn Everett Linder Sanford Conyers Kasich Sessions So (two-thirds having voted in favor Ewing Lipinski Sawyer Cox Kingston Shays thereof) the results were suspended and Farr LoBiondo Saxton Coyne Klink Spratt Cramer the Senate bill was passed. Fattah Lowey Scarborough Kolbe Stark Fletcher Lucas (KY) Schaffer Danner Lazio Talent The result of the vote was announced Foley Lucas (OK) Schakowsky Dickey Martinez Tierney as above recorded. Forbes Luther Scott Dunn McCollum Watts (OK) Fowler McInnis Waxman A motion to reconsider was laid on Ford Maloney (CT) Sensenbrenner Franks (NJ) McIntosh Wise the table. Fossella Maloney (NY) Serrano Shadegg Stated for: Frank (MA) Manzullo b 1307 Frelinghuysen Markey Shaw Mrs. ROUKEMA. Mr. Speaker, on rollcall Frost Mascara Sherman So (two-thirds having voted in favor No. 567, I was unavoidably delayed. Had I Gallegly Matsui Sherwood Shimkus thereof) the rules were suspended and Gejdenson McCarthy (MO) been present, I would have voted ``aye.'' Shows the bill was passed. Gekas McCarthy (NY) f Shuster The result of the vote was announced Gephardt McCrery Simpson Gibbons McGovern Sisisky as above recorded. RONALD W. REAGAN POST OFFICE Gilchrest McHugh Skeen A motion to reconsider was laid on BUILDING Gillmor McIntyre Skelton the table. Gilman McKinney Slaughter The SPEAKER pro tempore (Mr. Gonzalez McNulty Smith (MI) f LATOURETTE). The unfinished business Goode Meehan Smith (NJ) is the question of suspending the rules Goodlatte Meek (FL) Smith (TX) ROBERT S. WALKER POST OFFICE and passing the bill, H.R. 5309. Goodling Menendez Smith (WA) The SPEAKER pro tempore. The un- Gordon Mica Snyder The Clerk read the title of the bill. Goss Millender- Souder finished business is the question of sus- The SPEAKER pro tempore. The Granger McDonald Spence pending the rules and passing the Sen- question is on the motion offered by Green (TX) Miller (FL) Stabenow ate bill, S. 3194. Stearns the gentleman from New York (Mr. Green (WI) Miller, Gary The Clerk read the title of the Senate Greenwood Miller, George Stenholm MCHUGH) that the House suspend the Strickland Gutknecht Mink bill. Stump rules and pass the bill, H.R. 5309. Hall (OH) Moakley The SPEAKER pro tempore. The Stupak The question was taken. Hall (TX) Moore Sununu question is on the motion offered by Moran (KS) The SPEAKER pro tempore. In the Hansen Sweeney the gentleman from New York (Mr. Moran (VA) opinion of the Chair, two-thirds of Hastings (FL) Tancredo MCHUGH) that the House suspend the Hastings (WA) Morella those present have voted in the affirm- Tanner rules and pass the Senate bill, S. 3194. Hayes Murtha Tauscher ative. Hayworth Myrick Tauzin The question was taken. RECORDED VOTE Herger Napolitano Taylor (MS) The SPEAKER pro tempore. In the Mr. KLECZKA. Mr. Speaker, I de- Hill (IN) Neal Taylor (NC) opinion of the Chair, two-thirds of Hill (MT) Nethercutt Terry those present have voted in the affirm- mand a recorded vote. Hilleary Ney Thomas A recorded vote was ordered. Hilliard Northup Thompson (CA) ative. The SPEAKER pro tempore. This is a Hinchey Norwood Thompson (MS) RECORDED VOTE Thornberry 5-minute vote. Hinojosa Nussle Mr. DOGGETT. Mr. Speaker, I de- Hobson Obey Thune The vote was taken by electronic de- Hoeffel Olver Thurman mand a recorded vote. vice, and there were—ayes 376, noes 8, Hoekstra Ortiz Tiahrt A recorded vote was ordered. not voting 48, as follows: Holden Ose Toomey Towns The SPEAKER pro tempore. This is a [Roll No. 568] Holt Owens 5-minute vote. Hooley Oxley Traficant Turner AYES—376 Horn Packard The vote was taken by electronic de- Udall (CO) Hostettler Pallone vice, and there were—ayes 379, noes 7, Ackerman Blunt Clement Udall (NM) Houghton Pascrell Aderholt Boehlert Clyburn Upton not voting 46, as follows: Pastor Allen Boehner Coble Hoyer Velazquez [Roll No. 569] Andrews Bonilla Collins Hulshof Paul Visclosky Archer Bonior Combest Hutchinson Payne Vitter AYES—379 Armey Bono Condit Hyde Pease Walden Ackerman Biggert Canady Baca Borski Cook Inslee Pelosi Walsh Aderholt Bilirakis Cannon Bachus Boswell Cooksey Istook Peterson (MN) Wamp Allen Bishop Capps Baird Boucher Costello Jackson (IL) Petri Waters Andrews Blagojevich Capuano Baker Boyd Crane Jackson-Lee Phelps Watkins Archer Bliley Cardin Baldacci Brady (TX) Crowley (TX) Pickering Watt (NC) Armey Blumenauer Carson Baldwin Brown (FL) Cubin Jefferson Pitts Weiner Baca Blunt Castle Ballenger Brown (OH) Cummings Jenkins Pombo Weldon (FL) Bachus Boehlert Chabot Barcia Bryant Cunningham John Pomeroy Weldon (PA) Baird Boehner Chambliss Barrett (NE) Burr Davis (FL) Johnson (CT) Porter Weller Baker Bonilla Clay Barrett (WI) Burton Davis (IL) Johnson, E. B. Portman Wexler Baldacci Bono Clayton Bartlett Buyer Davis (VA) Johnson, Sam Price (NC) Weygand Baldwin Borski Clement Barton Callahan Deal Jones (NC) Pryce (OH) Whitfield Ballenger Boswell Clyburn Bass Calvert DeFazio Jones (OH) Radanovich Wicker Barcia Boucher Coble Becerra Camp DeGette Kanjorski Rahall Wilson Barrett (NE) Boyd Collins Bentsen Canady Delahunt Kelly Ramstad Wolf Barrett (WI) Brady (TX) Combest Bereuter Cannon DeLauro Woolsey Bartlett Brown (FL) Condit Berkley Capps DeLay Kennedy Rangel Kildee Regula Wu Barton Brown (OH) Cook Berman Capuano DeMint Wynn Bass Bryant Cooksey Kilpatrick Reyes Berry Cardin Deutsch Young (AK) Becerra Burr Costello Kind (WI) Reynolds Biggert Carson Diaz-Balart Young (FL) Bentsen Burton Crane King (NY) Riley Bilirakis Castle Dicks Bereuter Buyer Crowley Bishop Chabot Dingell Kleczka Rivers Berkley Callahan Cubin Blagojevich Chambliss Dixon Knollenberg Rodriguez Berman Calvert Cummings Bliley Clay Doggett Kucinich Roemer Berry Camp Cunningham Blumenauer Clayton Dooley Kuykendall Rogan October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11403 Davis (FL) Johnson, Sam Portman Weygand Wilson Wynn business very soon after we convene at Davis (IL) Jones (NC) Price (NC) Whitfield Wolf Young (AK) Davis (VA) Jones (OH) Pryce (OH) Wicker Woolsey Young (FL) 9 a.m. That should then be the last Deal Kanjorski Rahall vote of the day tomorrow morning. DeGette Kaptur Ramstad NOES—7 On Sunday, we should reconvene the Delahunt Kelly Rangel DeFazio Olver Wu House at 6 o’clock p.m. for the purpose DeLauro Kennedy Regula Lofgren Radanovich of passing a 1-day CR. We would expect DeMint Kildee Reyes McDermott Sanford Deutsch Kilpatrick Reynolds to complete that work. Diaz-Balart Kind (WI) Riley NOT VOTING—46 In the event that it is necessary to do Dicks King (NY) Rivers Abercrombie Fowler Metcalf so on Monday morning, we would re- Dingell Kleczka Rodriguez Barr Franks (NJ) Mollohan convene the House at 10 a.m. for the Dixon Knollenberg Roemer Bilbray Ganske Peterson (PA) Doggett Kucinich Rogan Bonior Graham Pickett purpose of passing a 1-day CR. Should Dooley Kuykendall Rogers Brady (PA) Hefley Quinn it continue to be necessary to do so, we Doolittle LaFalce Rohrabacher Campbell Isakson Sessions would reconvene the House at 6 o’clock Doyle LaHood Ros-Lehtinen Chenoweth-Hage Kasich Shays Dreier Lampson Rothman Coburn Kingston Spratt p.m. on Tuesday for the purpose of Duncan Lantos Roukema Conyers Klink Stark passing a 1-day CR. Edwards Largent Roybal-Allard Cox Kolbe Talent Members should be advised, of Ehlers Larson Royce Coyne Lazio Tierney course, throughout all of this time Ehrlich Latham Rush Cramer Martinez Watts (OK) Emerson LaTourette Ryan (WI) Danner McCollum Waxman frame the appropriators will continue Engel Leach Ryun (KS) DeLay McInnis Wise to work on the last remaining appro- English Lee Sabo Dickey McIntosh priations bill, the Labor, Health and Eshoo Levin Salmon Dunn McKeon Human Services bill. Our appropriators Etheridge Lewis (CA) Sanchez Evans Lewis (GA) Sanders b 1316 will work on that over the weekend Everett Lewis (KY) Sandlin So (two-thirds having voted in favor and, if necessary, will continue their Ewing Linder Sawyer thereof) the rules were suspended the work into the week. Farr Lipinski Saxton On Monday, the House, of course, Fattah LoBiondo Scarborough Senate bill was passed. awaits the successful completion of Filner Lowey Schaffer The result of the vote was announced Fletcher Lucas (KY) Schakowsky that work and negotiation between the as above recorded. Foley Lucas (OK) Scott House the other body and the White A motion to reconsider was laid on Forbes Luther Sensenbrenner House. And at whatever time that work Ford Maloney (CT) Serrano the table. Fossella Maloney (NY) Shadegg is completed, with proper notice, we f Frank (MA) Manzullo Shaw will advise our Members and reconvene Frelinghuysen Markey Sherman PERSONAL EXPLANATION the House to complete the work on Frost Mascara Sherwood that final bill of the year. Gallegly Matsui Shimkus Mr. KOLBE. Mr. Speaker, on October 27, Gejdenson McCarthy (MO) Shows Mr. Speaker, I yield to the gentleman Gekas McCarthy (NY) Shuster 2000 the House voted on H.J. Res. 117, ``Fur- from Texas (Mr. FROST). Gephardt McCrery Simpson ther Continuing Appropriations for FY 2001'', Mr. FROST. Mr. Speaker, the gen- Gibbons McGovern Sisisky S. 2943, the ``International Malaria Control tleman stood up, of course, without Gilchrest McHugh Skeen Act'', H.R. 2498, the ``Cardiac Arrest Survival Gillmor McIntyre Skelton much notice and so not everyone was Gilman McKinney Slaughter Act'', H. Res. 655, ``Providing for the consider- on the floor and was able to hear. Gonzalez McNulty Smith (MI) ation of H.R. 1550 and the Senate Amend- Could the gentleman repeat the sched- Goode Meehan Smith (NJ) ment'', S. 2712, the ``Reports Consolidation ule day by day just so everyone is Goodlatte Meek (FL) Smith (TX) Act of 2000'', H.R. 5309, ``Designating Ronald Goodling Meeks (NY) Smith (WA) clear? And then I do have a question or Gordon Menendez Snyder Reagan Post Office,'' said S. 3194, ``Desig- two. Goss Mica Souder nating Bob Walker Post Office.'' Had I been Mr. ARMEY. Mr. Speaker, reclaiming Granger Millender- Spence present, I would have voted ``aye'' on H.J. Green (TX) McDonald Stabenow my time, I do appreciate the gen- Green (WI) Miller (FL) Stearns Res. 117, (rollcall vote No. 563), ``aye'' on S. tleman asking; and I know there are a Greenwood Miller, Gary Stenholm 2943, (rollcall vote No. 564), ``aye'' on H.R. great many people, particularly on the Gutierrez Miller, George Strickland 2498, (rollcall vote No. 565), ``aye'' on H.R. gentleman’s side of the aisle, who are Gutknecht Minge Stump 5309, (rollcall vote No. 568), and ``aye'' on S. Hall (OH) Mink Stupak concerned about being home for their Hall (TX) Moakley Sununu 3194, (rollcall vote No. 569). campaign activities back home. If we Hansen Moore Sweeney f would have a brave heart, we could get Hastings (FL) Moran (KS) Tancredo through all of this. Hastings (WA) Moran (VA) Tanner PERSONAL EXPLANATION Hayes Morella Tauscher To reiterate, we believe this to be the Hayworth Murtha Tauzin Mr. ABERCROMBIE. Mr. Speaker, earlier last vote of the day. We will reconvene Herger Myrick Taylor (MS) today, I was unavoidably detained and I was in the morning at 9 a.m. to vote a 1-day Hill (IN) Nadler Taylor (NC) Hill (MT) Napolitano Terry not able to vote on rollcall votes Nos. 564 to CR. We would expect that to be a com- Hilleary Neal Thomas 569. Had I been present, I would have voted pletion of our day’s work. We would Hilliard Nethercutt Thompson (CA) as follows: rollcall No. 564, ``yes''; rollcall No. then reconvene Sunday at 6 p.m. for Hinchey Ney Thompson (MS) 564, ``yes''; rollcall No. 564, ``yes''; rollcall No. Hinojosa Northup Thornberry the purpose of a 1-day CR. Again, we Hobson Norwood Thune 565, ``yes''; rollcall No. 566, ``yes''; rollcall No. would expect that to be the completion Hoeffel Nussle Thurman 567, ``yes''; rollcall No. 568, ``yes''; rollcall No. of our work. On Monday, we would re- Hoekstra Oberstar Tiahrt 569, ``yes''. convene at 10 a.m. for a 1-day CR. And Holden Obey Toomey Holt Ortiz Towns f then, if necessary, do the same at 6 Hooley Ose Traficant o’clock p.m. on Tuesday. Horn Owens Turner LEGISLATIVE PROGRAM I again would remind all the Mem- Hostettler Oxley Udall (CO) Houghton Packard Udall (NM) (Mr. ARMEY asked and was given bers that the appropriators are work- Hoyer Pallone Upton permission to address the House for 1 ing bicamerally in negotiations with Hulshof Pascrell Velazquez minute.) the White House on the attempt to Hunter Pastor Visclosky Mr. ARMEY. Mr. Speaker, I ask for complete the last remaining bill of the Hutchinson Paul Vitter Hyde Payne Walden this time for the purpose of advising year, the Labor, Health and Human Inslee Pease Walsh Members of the schedule. Members Services spending bill. That work will Istook Pelosi Wamp should be advised that we have had our continue throughout the weekend; and Jackson (IL) Peterson (MN) Waters Jackson-Lee Petri Watkins last vote for the day. The House will with appropriate notice of time, when (TX) Phelps Watt (NC) reconvene tomorrow morning at 9 a.m. that work is completed and we are pre- Jefferson Pickering Weiner for the purpose of passing a 1-day CR. pared to bring that bill to the floor, Jenkins Pitts Weldon (FL) It is our expectation that we will be Members will be notified. Of course, John Pombo Weldon (PA) Johnson (CT) Pomeroy Weller able to move the Members through the availability of that work for the Johnson, E. B. Porter Wexler that process and complete our day’s completion of the year’s work by the H11404 CONGRESSIONAL RECORD — HOUSE October 27, 2000 body would be preemptive of any an- Mr. FROST. Should any vetoes occur with the tax bill, because that impacts nouncement that I make between now within the next few days, would the the final negotiations on the Labor- and Tuesday evening. majority schedule a veto override vote? HHS bill. Mr. FROST. Mr. Speaker, if the gen- Mr. ARMEY. I do not anticipate that b 1330 tleman would continue to yield, may I event. If that event presents itself, we ask the gentleman, if I understood him will deal with it at that time. I would like to ask the distinguished correctly, he was saying that it was his Mr. OBEY. Mr. Speaker, would the majority leader if he could explain to opinion that there would only be one gentleman yield? us his understanding of whether and vote tomorrow when the House con- Mr. ARMEY. Mr. Speaker, I believe when the Senate is intending to send venes at 9 a.m. Is the gentleman aware the gentleman from Florida (Mr. either of those bills to the White that there are possibilities of addi- YOUNG) was on his feet, and I yield to House. Because there are interesting tional procedural votes that could the gentleman from Florida. implications for the Labor-HHS bill if occur tomorrow? Mr. YOUNG of Florida. Mr. Speaker, the tax bill, for instance, does not go to Mr. ARMEY. Mr. Speaker, again re- I thank the gentleman from Texas for the White House. claiming my time, I thank the gen- yielding. I suspect maybe the gen- Mr. ARMEY. Mr. Speaker, I want to tleman. I know of no work that is tleman might explain to our colleagues thank the gentleman from Wisconsin scheduled for the House. And I would why it is that we have to do a 1-day CR (Mr. OBEY), and there are many aspects again advise our Members that in today, and another 1-day CR Saturday, to his observations. terms of work that is scheduled, this is and another 1-day CR Sunday, and an- On the question of the difficulty we the schedule we have to advise. I un- other 1-day CR Monday. And I am have in scheduling the continuing ne- derstand the Members from the other happy to hear the response from the gotiations, I know it was frustrating body have noticed a couple of matters other side, because as the majority for a lot of our members on the Com- and we will, of course, pay dutiful at- leader has said, the appropriators will mittee on Appropriations in both bod- tention to them on the floor. be meeting through the weekend, as we ies who were here working last night to Mr. FROST. If I could continue, and have been for nearly a month, on this see that both the President and his then I believe the gentleman from last remaining bill with the White chief of staff, his principle negotiator, Michigan (Mr. BONIOR), the Democratic House, and we are going around in cir- were there at the World Series. whip, has a question. Is the gentleman cles. If they cannot have it their way, Incidentally, Mr. Speaker, congratu- from Texas aware that it is possible to they do not want it any way. lations to the Yankees for their victory bring up motions to instruct conferees But I have a friendly question for last night. Certainly that made it dif- tomorrow? That those would be in both sides. Since the majority leader ficult to work last night. order? and the House and I confirm we will be I understand that the President is Mr. ARMEY. Certainly, I am aware working through the weekend, is it traveling to California. Whether or not of that; but we have not received any okay, based on some of the debate that his chief of staff and chief negotiator official notices of that possibility. We we have heard so far in the last couple goes with him to California or not, I do do recognize that should that appro- of weeks, is it okay if we work in the not know. But we will continue to en- priate notice be given and that event dark of night? Because it is going to courage everybody to be at the table. present itself, that we will deal with take more than the daylight hours to In the meantime, the Senate, the that within the context of the rules of get this done. And if it does, my Demo- other body, Mr. Speaker, continues to the House. crat colleagues should not criticize us have its frustrations within the con- Mr. FROST. I believe that the Demo- text of their rules. The minority is, as cratic whip has some information on next week for having made decisions in the dark of night. my colleagues know, are quite empow- that specific subject. ered to prevent things from happening Mr. ARMEY. Mr. Speaker, I yield to Mr. ARMEY. Mr. Speaker, reclaiming in both of the bills that the gentleman the gentleman from Michigan (Mr. my time, I would like to thank the referred to, are being held up in the BONIOR). gentleman from Florida for his genteel Mr. BONIOR. Mr. Speaker, I thank observations. Let me just say, Mr. other body by the minority in their ef- my colleague for yielding me this time. Speaker, the President has agreed to 1- fort to do whatever it is they are doing. I want to inform the distinguished ma- day CRs until we complete this work. They are frustrated in their inability jority leader that we have, in fact, filed Mr. Speaker, I would like to ask our to get those two bills to the floor for a at this point two motions to instruct body to just take a moment and appre- vote. We will obviously encourage tomorrow, one on LIHEAP and the ciate the appropriators for their con- them to proceed as much as possible. other on an educational issue. And so tinuous work in negotiation. They are, Mr. OBEY. Mr. Speaker, if the gen- we do expect that there will be busi- in fact, continuing to work. tleman will yield further, recognizing ness tomorrow, and business on Sunday Mr. Speaker, I would appreciate con- that we have no idea of what will hap- as well, on issues that we think are tinuing with this so that I could yield pen to those other bills, I would say we very important to get done before we to the gentleman from Wisconsin (Mr. need to have some clarification of that adjourn this Congress. OBEY). before we know what matters have to Mr. ARMEY. I thank the gentleman Mr. OBEY. Mr. Speaker, I thank the be included in the Labor-HHS bill, es- for that notification. distinguished gentleman from Texas, pecially with respect to school con- Mr. FROST. Mr. Speaker, if the gen- the majority leader, for yielding me struction. tleman would continue to yield, could I this time. I would just note that I wel- The other thing I would simply say ask an additional question to my dis- come the comments of the gentleman in response to the comments of the tinguished colleague from Texas? from Florida, although I would say gentleman from Texas (Mr. ARMEY) Mr. ARMEY. If the gentleman from they are at some variance with the fact about Mr. Lew. Mr. Lew has been in Texas seeks time for an additional that we were just told at about 11:30 by this city. He has been in this building, question, I am happy to yield. one of the key conferees that he did prepared to negotiate virtually every Mr. FROST. Mr. Speaker, does the not intend to meet either Saturday or day since Labor Day. He has been majority have any plans to schedule Sunday. I am hoping that that com- working 12, 14, 16 hours a day. any veto overrides for consideration of ment was made in a momentary ex- My colleagues can laugh. My col- the House? Does the majority have any pression of frustration. leagues on the other side can laugh if plans to schedule any veto override But, nonetheless, I would like for they want, but he has been here a lot votes within the next few days? purposes of clarification to follow up more than any of them have. Mr. ARMEY. Mr. Speaker, again re- on a question asked by, I think, the Mr. ARMEY. Mr. Speaker, let me claiming my time, I appreciate the in- gentleman from Texas. We are trying just respond to the gentleman from quiry. I do not believe that there are in the conference, we are trying to de- Wisconsin (Mr. OBEY). Again, let me re- any vetoes that are there; and there termine what is going to happen with mind him, insofar as it is possible, Mr. are no, therefore, override votes that the Commerce, Justice, State and Judi- Speaker, I do control the time. I want would be pending. ciary bill and what is going to happen to acknowledge the point just made by October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11405 the gentleman from Wisconsin. We are pending the rules and passing the bill, the Title VI Education Block Grant all working hard. We do want to appre- H.R. 4400, as amended. with limited accountability in the use ciate one another. In that regard, even The Clerk read the title of the bill. of funds. I myself was just so pleased that I The SPEAKER pro tempore. The The SPEAKER pro tempore. The no- managed to get back to my office at question is on the motion offered by tice will appear at this point in the least to watch the last inning of last the gentleman from New York (Mr. RECORD. night’s game. So I know how important MCHUGH) that the House suspend the f that is to Mr. Lew. rules and pass the bill, H.R. 4400, as TRIBUTE TO THE HONORABLE I just want to say we do want to en- amended. JOHN PORTER courage everybody. My purpose here is The question was taken; and (two- that, understand this is important thirds having voted in favor thereof) (Mr. OBEY asked and was given per- work we are talking about. The dif- the rules were suspended and the bill, mission to address the House for 1 ferences between ourselves on edu- as amended, was passed. minute.) cation are important business that is The title of the bill was amended so Mr. OBEY. Mr. Speaker, I would like before the American people. They are as to read: to bring to the attention of the House going to take time because our dif- ‘‘A bill to designate the facility of the a matter that relates to the gentleman ferences are so heartfelt. I will not United States Postal Service located at 1601– from Illinois (Mr. PORTER) if I could take the time to outline those right 1 Main Street in Jacksonville, Florida, as ask the House’s attention for just a now. the ‘Eddie Mae Steward Post Office’.’’. moment. What I am saying is let us take a mo- A motion to reconsider was laid on Mr. Speaker, despite the exchange ment to appreciate one another. We are the table. that just took place, I wanted to take committed to this hard work. We are f a moment to simply observe to the House that the gentleman from Illinois as committed to our purposes as the ANNOUNCEMENT OF INTENTION TO White House and the minority are to (Mr. PORTER) will soon be leaving. I do OFFER MOTION TO INSTRUCT not know when we will have another theirs. This will take some time. So I CONFEREES ON H.R. 4577, DE- am sure we will all enjoy each other as chance to say this. I understand that PARTMENT OF LABOR, HEALTH he will have difficulty being here to- we continue to encourage the appropri- AND HUMAN SERVICES, EDU- ators. morrow because of a death in the fam- CATION AND RELATED AGENCIES ily. Mr. OBEY. Mr. Speaker, if the gen- APPROPRIATIONS ACT, 2001 tleman will yield. But I wanted to take this oppor- Mr. ARMEY. Mr. Speaker, I really Ms. DELAURO. Mr. Speaker, pursu- tunity to say that I have served with think for the purpose to which I asked ant to clause 7(c) of rule XXII, I hereby him for many years on the Committee for this time, I have really completed notify the House of my intention to- on Appropriations. All of us has served what I need to do. I am happy to yield morrow to offer the following motion many years with him in this House. back my time. to instruct House conferees on H.R. Regardless of the differences on issues 4577, a bill making appropriations for that we have, he has graced this House f fiscal year 2001 for the Departments of with his presence. He has been an hon- REQUEST TO ADDRESS THE HOUSE Labor, Health and Human Services and orable adversary as well as a valuable Education. ally on many occasions. I think he has Mr. OBEY. Mr. Speaker, I ask unani- I move that the managers on the part personified the way that we would like mous consent that I may be allowed to of the House at the conference on the to see all Members of the House con- proceed. disagreeing votes of the two Houses on duct himself or herself. Mr. Speaker, I withdraw the request. the bill, H.R. 4577, be instructed to in- On behalf of this gentleman, I simply f sist on the highest funding level pos- want to say to the gentleman from Illi- nois (Mr. PORTER ARTHUR ‘‘PAPPY’’ KENNEDY POST sible for the Low-Income Home Energy ) that we will miss OFFICE BUILDING Assistance Program in Fiscal Year 2001 him. We know that whatever he does and Fiscal Year 2002. after he leaves this puzzle factory will The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The no- be rewarding and constructive. LATOURETTE). The unfinished business tice will appear at this point in the The gentleman has had a long his- is the question of suspending the rules RECORD. tory of concern, especially for issues of and passing the bill, H.R. 4399, as f medical research and human rights and amended. many others. I for one simply want to The Clerk read the title of the bill. ANNOUNCEMENT OF INTENTION TO wish him all the luck in the world and The SPEAKER pro tempore. The OFFER MOTION TO INSTRUCT to say, despite the many disagreements question is on the motion offered by CONFEREES ON H.R. 4577, DE- we are about to have over the next 2 or the gentleman from New York (Mr. PARTMENT OF LABOR, HEALTH 3 days, that it has been a privilege to MCHUGH) that the House suspend the AND HUMAN SERVICES, EDU- serve with him. I think I speak for rules and pass the bill, H.R. 4399, as CATION AND RELATED AGENCIES every Member of the House in saying amended. APPROPRIATIONS ACT, 2001 that. The question was taken; and (two- Mrs. LOWEY. Mr. Speaker, pursuant Mr. YOUNG of Florida. Mr. Speaker, thirds having voted in favor thereof) to clause 7(c) of House rule XXII, I will the gentleman yield? the rules were suspended and the bill, hereby notify the House of my inten- Mr. OBEY. Surely, I yield to the gen- as amended, was passed. tion tomorrow to offer the following tleman from Florida. The title of the bill was amended so motion to instruct House conferees on Mr. YOUNG of Florida. Mr. Speaker, as to read: H.R. 4577, a bill making appropriations I wanted to thank the gentleman from ‘‘A bill to designate the facility of the for fiscal year 2001 for the Departments Wisconsin (Mr. OBEY) for the comments United States Postal Service located at 440 of Labor, Health and Human Services that he just made about the gentleman South Orange Blossom Trail in Orlando, and Education. from Illinois (Mr. PORTER), our friend Florida, as the ‘Arthur ‘‘Pappy’’ Kennedy I move that the managers on the part and colleague. I want to associate my- Post Office’.’’. of the House at the conference on the self with those remarks. A motion to reconsider was laid on disagreeing votes of the two Houses on The gentleman from Illinois (Mr. the table. the bill, H.R. 4577, be instructed to in- PORTER) has been an outstanding Mem- f sist on disagreeing with provisions in ber of this House and has made a big the Senate amendment which denies difference in a lot of areas. He has a EDDIE MAE STEWARD POST the President’s request for dedicated wealth of knowledge on the issues that OFFICE BUILDING resources to reduce class sizes in the he has responsibility for. He is a very The SPEAKER pro tempore. The un- early grades and for local school con- distinguished gentleman. His word has finished business is the question of sus- struction and, instead, broadly expands always been his bond. H11406 CONGRESSIONAL RECORD — HOUSE October 27, 2000 I would say that there are many peo- b 1345 Although almost 18,000 people took ple who will have the advantage of life PERSONAL EXPLANATION part in this marathon, my wife and I saving techniques and medical discov- were watching very carefully Buffy’s eries because of the work that the gen- Mr. CROWLEY. Mr. Speaker, on accomplishment. She committed to tleman from Illinois (Mr. PORTER) has Tuesday, October 24, I was not present raising at least $1,600, and did not sur- done to expedite and move along med- in Washington and, therefore, unable prise me one bit that she exceeded that ical research in many, many areas. to vote on that day. My wife Kasey and goal. She is an intelligent and prin- I want the gentleman to know that I I became the proud parents of a baby cipled young lady who is an asset to will miss him, that he and I do not girl, 7 pound, 2 ounce, 21-inch baby girl. my office and our community. Her have as many differences as he and the This is our second child. dedication to raising money for AIDS gentleman from Wisconsin (Mr. OBEY) Had I been here, I would like the follows her commitment to the causes have, but it is a real pleasure to be RECORD to reflect that I would have of peace as a graduate student in Peace working with him. I will certainly miss voted no on rollcall vote 541, yes on Research at the University of Oslo, to the gentleman from Illinois when he rollcall vote 542, and yes on rollcall the American Civil Liberties Union, leaves here. vote 543. and to progressive congressional can- Mr. PORTER. Mr. Speaker, will the Also, Mr. Speaker, if I may, on didates. gentleman yield? Thursday, October 26 of this year, yes- I join each and every member of my Mr. OBEY. Mr. Speaker, I will be de- terday, I again was not able to be in own staff in saying congratulations on lighted to yield to the gentleman from Washington and, therefore, unable to a job well done. Buffy, we are proud of Illinois. vote because I was picking up my wife you. Mr. PORTER. Mr. Speaker, let me Kasey and our newborn baby and tak- f just take a minute to say that I have ing them both back home from the hos- now served in this body for 21 years and pital. CONGRATULATIONS TO NEW YORK 20 years on the Committee on Appro- Had I been present, I would like the YANKEES AND NEW YORK METS priations. I have loved every single RECORD to reflect that I would have (Mr. ENGEL asked and was given minute of it. There is nothing that can voted no on rollcall vote 553, yes on permission to address the House for 1 compare with service in this institu- rollcall vote 554, no on rollcall vote 555, minute and to revise and extend his re- tion. no on rollcall vote 556, no on rollcall marks.) I have had a highly educated, highly vote 557, no on rollcall vote 558, no on Mr. ENGEL. Mr. Speaker, as a Bronx informed, caring constituency to rep- rollcall vote 559, no on rollcall vote 560, boy born and bred, and as someone who resent. It has been a joy to represent yes on rollcall vote 561, and no on roll- represents Bronx, New York, I want to them here in Washington. call vote 562. congratulate the New York Yankees, To be able to become involved in Mr. HOYER. Mr. Speaker, will the the World Champions of 2000, for their issues that I think are important for gentleman yield? wonderful season and, therefore, their the future of our country and to at- Mr. CROWLEY. I yield to the gen- victory in the World Series yesterday. tempt to reflect them in our values as tleman from Maryland. When I was growing up, I lived within a government has meant everything to Mr. HOYER. Mr. Speaker, I want to walking distance from Yankee Sta- me. congratulate the gentleman, I want to dium. I remember the old teams with It has been a source of tremendous congratulate Kasey, I want to con- Mickey Mantle and Roger Maris, and pleasure to work with people that I re- gratulate the new arrival, Kenzie; is these Yankees certainly winning the spect. The gentleman from Wisconsin that correct? World Series three years in a row (Mr. OBEY) and the gentleman from Mr. CROWLEY. Kenzie, yes. shows they are truly champions. Florida (Mr. YOUNG) are people that I Mr. HOYER. Seven pounds, two I also want to congratulate the New respect tremendously, highly. People ounces, I understand, of beautiful baby York Mets for a wonderful, wonderful who fight for the things they believe in girl. As the father of three young season and for being the winners of the but do so in a way that brings credit to women myself, I know the joy of hav- National League. The subway series, this institution. ing a daughter. And, of course, I know and I went to as many World Series Yes, we disagree and we fight, but it the gentleman’s son well, and he is games as I could go to, really has made has been a true pleasure to work with going to be blessed with his sister. all of us as New Yorkers proud. In fact, the gentleman from Florida (Mr. I want to say that I am sure there is my cap, which says ‘‘Subway Series’’ YOUNG) as my chairman, to work with not a person in this Chamber or an and has the number 4 train and the him prior to his becoming chairman. American anywhere who does not number 7 train on it, is something, He is a man that I have always looked think the gentleman made the right again, that makes New York very, up to and been able to rely on. And to judgment. Congratulations to you. very, very proud. Not since the 1950s, work on the opposite side of the gen- Mr. CROWLEY. Mr. Speaker, re- when I was just a little boy, have we tleman from Wisconsin (Mr. OBEY), claiming my time, I want to just say had a subway series in New York, and both on the Subcommittee on Labor, that she will be eligible for dating I have never seen such electricity com- Health and Human Services and Edu- when she is 40 years of age. So I thank ing from the city. cation and on the Subcommittee on all my colleagues very, very much. So we are all really winners; the New Foreign Operations, Export Financing Mr. HOYER. If the gentleman will York Mets, the New York Yankees, two and Related Programs. We have fought, continue to yield, Mr. Speaker, I would great phenomenal teams. I am proud to I think, very cleanly. I certainly have advise him that that is a good theory, be a New Yorker, and I say again con- a huge respect, admiration and friend- but it does not work out in practice. gratulations to the World Champion ship for the gentleman from Wisconsin f New York Yankees and to the National as well. League Champions, the New York CONGRATULATIONS TO BUFFY Mr. Speaker, I leave this body with a Mets. WICKS great deal of sadness because, while I f may not miss the kind of days we are (Mr. FILNER asked and was given having right now, I will miss very permission to address the House for 1 FOND FAREWELL much the men and women that I have minute and to revise and extend his re- (Mr. FORBES asked and was given been so privileged to work with over all marks.) permission to address the House for 1 these years. It is a great privilege and Mr. FILNER. Mr. Speaker, I rise minute and to revise and extend his re- an honor to be a Member of this body. today to commend a valued member of marks.) I feel that I have done my very best my staff here in Washington, Ms. Buffy Mr. FORBES. Mr. Speaker, I appre- to try to represent the things that I be- Wicks, on her completion of the Marine ciate the privilege of having the floor lieve in very deeply. It has been a joy Corps Marathon in Washington, D.C. to address my colleagues, and I stand to work with the people in this Cham- just last Sunday, a marathon which here out of respect and great admira- ber all these years. I thank my col- raised millions of dollars for AIDS re- tion and affection for Members of Con- leagues very much. search. gress on both sides of the aisle. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11407 Six years ago, when I came first upon Each of us approaches these needs most of us, 18 years in the House, Otis the floor of this hallowed institution, I from different vantage points and with Pike, is testament that this Congress was eyewitness to a moment rare in distinct opinions. In this the greatest has worked hard in a bipartisan way to the history of our Republic. After 40 experiment in governing the world has preserve open spaces, and for that I am years of one-party rule, the opposing ever known, we do in fact endeavor in most grateful. party came to power. In 50 congres- this democracy to work together, to I take with me a sense of satisfaction sional elections over as many years the find common ground in benefit of all for having taken up the cause of senior House of Representatives had changed Americans. citizens and our veterans, and I look hands only eight times and, yes, as a Looking over my past three terms, I for great things to come from future result of each time, the fabric of our take comfort in the accomplishments Congresses in that regard because we democracy was indeed strengthened, that came together because we all all do try to stay very close to that strengthened not by mere change of po- worked together; an end to deficit very important World War II genera- litical party alone but by the collective spending, the advent of surpluses and a tion, and I have worked hard during act of ordinary citizens who cared balanced Federal budget, welfare re- my term to develop close relationships enough to let their will be exercised at form, a new Telecommunications Act, with those folks as well. the ballot box. updating the depression era statutes Successes achieved over the last sev- It was a change of power made ever that govern the financial services sec- eral years are not mine alone. Clearly, more amazing when cast against a tor, the Kennedy–Kassebaum initiative as we all know, one of our best assets world where such occurrences even in that made health insurance portable, here on Capitol Hill is the dedicated, this most sophisticated of ages are too and an expanded opportunity to make hard working staff, a loyal staff, that often marked by bloody violence. No sure that every child is covered with assists both myself and other Members blood was shed, thankfully, for ours is health care. of Congress. And I think particularly of a freedom made whole by the sacrifices The economy of our Nation has those folks who serve on the Com- of generations of Americans who at a turned around from looming deficits in mittee on Appropriations and are doing tender age put their Nation ahead of the hundreds of billions of dollars to yeomen’s work as I speak right now; themselves. today’s surpluses of similar amounts. those on the Committee on Banking Our fellow citizens cherish this vi- Our economic engine is roaring, our fis- and Financial Services, the Committee brant and living democracy that mani- cal health better than ever, and our fu- on Small Business and, of course, my fests itself each day in the august halls ture is so very full of promise. It is special friends over at the Helsinki of this Congress. It is they who witness humbling to be a part of guiding bipar- Commission. a collection in this body of individuals tisan policies that delivered our Nation My colleagues, we all know our who give hope to the powerless, prom- its healthiest economy ever. greatest asset is clearly the talented ise to the forgotten, and justice to the For me, it has always been about people that make this place successful; ignored. championing the interest of the folks the staff, the committee staff, the per- With recorded history dating back at home, like so many of my col- sonal staffs, the doorkeepers, the Cap- some 5,000 years, two centuries of the leagues. I cherish our Main Street busi- itol Police, the wonderful people who House of Representatives seems some- nesses or, as my father used to say, work late into the night to clean our what like a relatively new experience those down-street merchants; whether offices, those people who are maintain- and a somewhat new endeavor. How- it is the mom and pop grocery store, or ing these historic buildings, and I ever, relatively few have been honored the travel agency around the block, would like to also recognize people who to come to this place to give their vote these small businesses are revitalizing are very important to all of us on both and their voice for their communities. our communities, creating jobs, and sides of the aisle, I call them the nur- Since first convened in 1789, fewer than ensuring long-term prosperity for us turers, the people in our cloakrooms, 10,000 people have had the privilege of all. The $26 million made possible by particularly Helen and Pat in the Re- representing their fellow Americans. It Congress is revitalizing the older down- publican cloakroom, and Rhonda and is in that context alone that I stand town areas of my own home county of Ella in the Democratic cloakroom. here humbled and privileged to have Suffolk in New York. They take care of us each and every been a Member of this august house. I am proud to have given voice to the day and make our jobs a lot easier. While the focus too often is on the needs of our children. My priorities To the people who have worked in my partisan battles that many Americans have included families desperate to lo- own office, especially over the last mistakenly believe consume all our cate safe, affordable day care, better year and a half, I thank them for the time and energy, the good news is this: schools with fewer students in the class sacrifices that they have made and the that it is truly a deliberative body. As and after-school programs like the ones dedication that they have brought to Speaker O’Neill said, when he first promoted by the Police Athletic the people of the First District of New took the gavel, ‘‘The House is greater League, and the nurturing of those who York. These individuals have made us than any of us. Its greatness is the give so much to those who have lost all proud and these successes clearly product of 435 human beings con- one or both of their parents, drugs or are their successes. It would take a lit- tending with extraordinary problems.’’ neglect. I am reminded of the good tle more time than I have now to men- He was right then and he would be work, for example, of the people at Lit- tion all of the wonderful staff who have right today. tle Flower Children’s Services located been devoted to me and who have real- As an institution, we have much for in Brooklyn and Wading River, New ly sacrificed so much, but they know which to be proud. Members of the York. This is a special place that will who they are, and I thank them from House really do spend most of their always remain close to my heart. the bottom of my heart for the sac- time, I believe, engaged in a quest for I am appreciative, most of all, of the rifices they have made. solutions to some of the most vexing bipartisan support we get for a And a special note, of course, to my questions of our day: health care for healthier, cleaner environment, the Chief of Staff David Williams, who left the uninsured, drugs on our streets, Army Corps dollars that have fixed up a secure job to come over and help me, children left behind because of failing Long Island’s coastline, protected our and he did yeomen’s work, for which I schools or the absence of a strong guid- fishing industry and made sure that for am forever grateful. ing hand, families overwhelmed as they the first time we have ongoing efforts b balance their home life and their jobs in the Federal Government to preserve 1400 in search of adequate safe, affordable open spaces and areas that are feeling I want to take a moment, if I might, day care for their children, these and the pressures of development like those to appreciate my colleagues indulging other domestic challenges; to goals on Long Island. The expanded me just a minute further here. I want more global, matters that ensure our Wertheim National Wildlife Refuge to thank those many wonderful col- national security and which promote and, of course, the Otis Pike Preserve leagues on both sides of the aisle, for it freedom and democracy throughout the at Calverton, named after my former has been a special privilege for me to world. predecessor and long-time colleague of serve in this House and to represent H11408 CONGRESSIONAL RECORD — HOUSE October 27, 2000 the area where I was born and raised I thank you my friends, my col- you well, because you have certainly and grew up. leagues. It has been a great run. May treated life well and treated the people To have known such talented Mem- God bless each and every one of you, whom you have touched very well. bers of Congress and to have their and may God bless our Nation. So Godspeed, my friend. I know you friendship and their guiding hand and Mr. ENGEL. Madam Speaker, will may not be here next year, but we have most of all their kindness, I am forever the gentleman yield? not heard the end of you yet. I love grateful. I must mention, of course, the Mr. FORBES. I yield to the gen- you, and I wish you the best. gentleman from Illinois (Mr. HASTERT), tleman from New York. Mr. NADLER. Madam Speaker, will the Speaker of the House, who has been Mr. ENGEL. Madam Speaker, I thank the gentleman yield? a good and decent man and who has a my friend from New York for yielding Mr. FORBES. I yield to the gen- very, very tough job. to me. I would not forgive myself if at tleman from New York. I also note, with fondness, my good this time I did not say what was in my The SPEAKER pro tempore (Mrs. friend the gentleman from Missouri heart. BIGGERT). The gentleman is recognized. (Mr. GEPHARDT) for his counsel, for his I have had the honor and privilege of But it might be noted that the Chair friendship and most of all for his belief serving in this body now for six terms, has been very lenient with the time. in me. I am forever grateful. And to the for 12 years. And I look forward to Mr. NADLER. Madam Speaker, let gentleman from Wisconsin (Mr. OBEY) coming back to the new Congress. I me just say that I have a tremendous whose fairness and seasoned leadership have had many colleagues and have admiration for the gentleman from has always inspired me. enormous respect for so many people, New York (Mr. FORBES). I am particularly appreciative of the but I want the gentleman from New I think one thing in particular de- chairman of the Committee on Appro- York (Mr. FORBES) to know that there serves comment. We have on fairly rare priations, the gentleman from Florida is no one for whom I have more respect occasions in this House seen people (Mr. YOUNG), my friend, and the former than he. And I know this personally be- across the aisle walk from one side of chairman, Bob Livingston. The gen- cause the gentleman and I are good the aisle to the other. People have done tleman from Pennsylvania (Mr. MUR- friends and we have spent a lot of time it for all sorts of motives. And I am not THA) and the gentleman from Michigan together. going to comment on the motives of (Mr. DINGELL) have served as special Many, many times in life we are anybody, except to say that I am not friends to me. And I could get myself in called to do certain things and we sure if the history of this body ever trouble by going on and on and on. But never quite know how we are going to records someone going from the major- I do want to make special recognition react to them when we are called upon. ity to the minority party and from the of my friend, the gentleman from the Many people act of principle and some situation of a safe reelection to guar- New York delegation (Mr. RANGEL), the people do not, frankly, because they antee a difficult reelection and a situa- dean of our delegation, who has been fear what the consequences might be. tion in which one can ascribe no con- just a tremendous leader. And we have I want to tell the gentleman that I ceivable political motive other than great things yet to come from him, as have seen him to be a man of principle conviction of principle. And for that, I well as my good friend the gentleman and to not worry about what con- think that whatever one thinks of ei- from the Bronx, New York (Mr. ENGEL), sequences might be but to do what he ther of the parties, one must admire the gentleman from Nassau County, thinks right in his heart. I have seen greatly the very deliberate under- New York (Mr. KING), the gentleman the gentleman make decisions, some taking of political risk for no reason from New York (Mr. ACKERMAN), the agonizing decisions and some that less- other than matters of principle. gentlewoman from New York (Mrs. er people might not have made. We see too little of that in any legis- MCCARTHY), and all my friends in the So I just want to tell the gentleman lative body and in public life generally. delegation who have really made my that I personally am enormously proud I certainly want to say that the gen- service here that much more enjoyable. of him. I know the people of the First tleman has my great admiration for his We come to this place from every cor- District of New York have been served actions and for his motives in those ac- ner of America. We seek to influence tremendously well by him in Congress. tions and also for his service in this and we, in turn, are influenced. And people in the First District ought House, which for the last 6 years has Among the many, two who have to know that, in my opinion, there is been very honorable. come to this chamber and who have no one finer, there is no one who works I have had my eye on the gentleman left a living example that endures as harder, there is no one who has been since we first debated some TV show in impressions for me are the gentleman more effective than the gentleman the House gallery 5 or 6 years ago, and from Missouri, the late Mr. Emerson, from New York (Mr. FORBES), rep- it has been a pleasure to serve and I and the gentleman from Minnesota, the resenting that district, representing all look forward to working with you in late Mr. Vento. From opposite parties, the people of New York, and rep- other walks for many years to come. they worked to reach across the aisle resenting the people of the United Mr. RANGEL. Madam Speaker, will to build friendships, dialogue, to find States. the gentleman yield? common ground with an adversary re- I have again enormous respect for all Mr. FORBES. I yield to the gen- lationship. And as the gentlewoman of my colleagues, but I think that all tleman from New York. from Missouri (Mrs. EMERSON) reminds of us in life walk a very difficult task Mr. RANGEL. Madam Speaker, as us about her late husband, and this ap- and there are times that we have deci- the dean of the New York State Dele- plies equally to so to the gentleman sions to make. gation, let me say to the gentleman from Minnesota, Mr. Vento, they put Let me just say to my friend, you from New York (Mr. FORBES) you are a people before politics and ideas before have always in my estimation made class act no matter what party label ideology. the right decision, not the right deci- that you have had, working with you in Mr. Vento and Mr. Emerson have left sion for you personally perhaps, but the delegation, always the first thing us now. But their humanitarianism, the right decision for the country, the that you had as a priority was what their decency, their gentle and giving right decision for your constituent, and was good for our State. And so, coming ways leave a lasting legacy on which to just doing what is right. over to the Democratic side, we did not build greater civility in this House. So it has been a privilege to be your have to find out who you were. You Though it is unlikely that I will be colleague. It is an even bigger privilege were a quality Member there. here in the 107th Congress, I leave this to be your friend. And we will continue And so, from what I hear, there is a place holding each and every one of to be friends. I want to tell you that life outside of the Congress and I am you, Democrat, Republican, and Inde- my career in Congress has certainly confident that God would bless you pendent, in the highest esteem, under- been enriched by working with you and with good fortune for you and Barbara. standing we come at this awesome re- in walking the walk with you. I wish And you can count on our friendship in sponsibility with respect for this most Godspeed to you and Barbara and your the delegation and I might say on both sacred institution and the best interest children and children to be and all good sides of that aisle to guide and support of this Nation at heart. things and I know life is going to treat you in whatever you decide. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11409 Godspeed. Mr. POMEROY. Madam Speaker, will sional delegation. We had the pleasure Mrs. LOWEY. Madam Speaker, will the gentleman yield? of serving with him in the Indiana the gentleman yield? Mr. FORBES. I yield to the gen- State Senate between 1980 and 1990 and Mr. FORBES. I yield to the gentle- tleman from North Dakota. in the House of Representatives here in woman from New York. Mr. POMEROY. Madam Speaker, Congress since 1996. The SPEAKER pro tempore. The gen- first of all, I want to express my appre- Although we hardly ever vote alike, tlewoman is recognized. Again, this is ciate for the Speaker’s latitude in al- and certainly do not look alike, and do with great latitude from the Chair. lowing us to reflect briefly upon the not happen to belong to the same polit- Mrs. LOWEY. Madam Speaker, I service of the gentleman from New ical party, some people may refer to us wanted to join my colleagues in salut- York (Mr. FORBES) here. as the odd couple, because we do think ing the gentleman from New York (Mr. As your term comes to a close, let me a lot about a lot of things in terms of FORBES). just indicate that I, for one, certainly values and principles. I wanted to I have known Michael since he has am going to continue to think about stand here today and give ED PEASE, been here, and I can tell my colleagues the example of strength and counsel wherever he is, a standing ovation for that this is a man with great courage. that you have shown during your time outstanding public service. I can think of several issues. But I here. Members on both sides of the aisle can remember several years ago, it was I think that the fundamental thing were saddened to learn of Mr. PEASE’s 1996 I believe, when I introduced the our constituents expect of us as we retirement that he announced in April school modernization bill. And now Re- stand and ask for their vote and then of this year. He has always been a publicans and Democrats, everyone, is take their trust and come to Congress thoughtful lawmaker. His neighbor-to- talking about school modernization. to represent their interests is that we neighbor politics have served Indiana’s But the gentleman was one of the four act out of the courage of our convic- Seventh District extremely well. He people at that point that were willing tions and we stand by our beliefs. And has been a sincere leader in the House, to sign to be part of the effort. You in the course of now four terms, I can- and will be missed by both sides. were a leader on school modernization not recall an example where I have This sincerity was illustrated when because you understand how very im- seen someone exercise the courage of confronted by the press about his re- portant that issue was for his constitu- their convictions in the way you have. tirement, Congressman PEASE replied, ency. Obviously putting yourself at tremen- ‘‘I ask only that you remember that There are a lot of people who talk dous political risk and irrespective of you elected me to exercise my best about it, who talk about a whole lot of the consequences, you did it because in judgment, and I do so no less in this de- issues, but the gentleman was the kind your heart you felt it was what you cision.’’ of person that would stand up for what had to do. Many, however, still feel that Mr. he believes is right. And I think that Our constituents can expect no finer PEASE’s tenure in the House was too was a perfect example. And whether it performance of our responsibilities short, and it is not hard to understand is school modernization or the Long Is- than how you have exhibited, and your why. Mr. PEASE was often called upon land Sound or health care, you were al- example is going to be reflected upon to lead this House as Speaker of the ways there to get support for, to speak by so many of us for a long time to House pro tempore, and his parliamen- out for, to make sure that you were come. tary skills and strong reputation for doing the best you could to fight for Mr. FORBES. Madam Speaker, I ap- fairness have proved invaluable in your constituents. preciate the comments of my col- times of heated debate. Long Island Sound is an issue that I leagues. ED PEASE worked tirelessly on mat- know you care passionately about, and f ters affecting his fellow Hoosiers, in- you can be proud of the fact that you cluding Indiana’s return of Federal fuel took a very important role in working b 1415 tax dollars. One of his proudest mo- hard to make the progress that has SPECIAL ORDERS ments came when he secured a 92 per- taken place in Long Island Sound. Now cent return on the fuel tax dollars for we have a lot more work to do cer- The SPEAKER pro tempore (Mrs. the State of Indiana. tainly in dealing with the lobsters and BIGGERT). Under the Speaker’s an- I will miss Congressman PEASE im- the lobster men. You were right there nounced policy of January 6, 1999, and mensely, and know that this body is on the front line. under a previous order of the House, the poorer as a result of his departure. It has been such a pleasure for me to the following Members will be recog- I realize that there have been know you, to work with you. And I nized for 5 minutes each. happenstances that have occurred to know that you will continue to make f him during his membership here which your mark no matter where you choose The SPEAKER pro tempore. Under a undoubtedly will deter his interest in to make it and you and your wife Bar- previous order of the House, the gen- continuing his membership in this au- bara and your family will continue to tleman from Illinois (Mr. DAVIS) is rec- gust body, but I am often reminded of thrive and to grow and to make a dif- ognized for 5 minutes. a little phrase that we had to master ference. (Mr. DAVIS of Illinois addressed the when we were building our typing Frankly, that is why we are here in House. His remarks will appear here- skills in school, and that was about all this Congress. That is why we are here after in the Extensions of Remarks.) good men coming to the aid of the in this great country of ours. We all f party. Certainly ED PEASE has come try in some small way to make life bet- not only to the aid of his party, but he ter, to make our community better and TRIBUTE TO THE HONORABLE has come to the aid of the State of In- our Nation better. And I know, just as EDWARD A. PEASE diana, and certainly the United States the gentleman is willing to stand up The SPEAKER pro tempore. Under a Congress. for what he believes, to take the posi- previous order of the House, the gentle- I would close in reminding my distin- tions that you did in this Congress, you woman from Indiana (Ms. CARSON) is guished colleague, wherever he is at will continue to stand up for your be- recognized for 5 minutes. this moment, that there was a very liefs, your concerns, your passion and Ms. CARSON. Mr. Speaker, I rise wise poet that wrote many years ago, make a difference in this life. today to honor one of what I believe to for every drop of rain that falls, a flow- You are a person with character. You be one of Indiana’s greatest, and that is er grows; and that somewhere in the are a person who really, truly is com- Representative ED PEASE. ED PEASE is darkest night, a candle glows. mitted to making this a better world. I not just a public official, he is an out- Despite the adverse incidents of Mr. am delighted to salute you and to standing public servant. PEASE’s experience here in Washington, thank you for all you have done, and I I have known ED PEASE for many D.C., as a Member of the House of Rep- look forward to continuing to work years. As a matter of fact, I have resentatives, that rain that has fallen with you and keeping in touch with known him longer than I have any certainly will provide a flower to grow you. other member of the Indiana Congres- for many years to come, and he will H11410 CONGRESSIONAL RECORD — HOUSE October 27, 2000 certainly be a light, not only for the We have come together in support of us have seen in the Chair many, many citizens of the State of Indiana, but for H.R. 4094, the bipartisan Rangel-John- times over the past couple of years. He this country as well. son bill that has a number of sponsors. has done a great job as the Speaker pro I know that whatever Congressman This important bill will provide $25 bil- tempore on many occasions. PEASE chooses to do next, he will con- lion in school construction bonds for ED was first elected to the Congress tinue his service to the country with our local schools to build new schools just 4 years ago, and we hate to see the same attributes that he displayed for our children and renovate others. him leave so quickly after being here in the House of Representatives. Madam Speaker, the clear majority such a short time. I had the pleasure of f of this House is in support of this piece serving with him in the Indiana State of legislation. 228 Members, Repub- Senate back in the early eighties, and GENERAL LEAVE licans and Democrats alike have signed everybody there thought he was an ex- Ms. CARSON. Madam Speaker, I ask on as cosponsors. The House will pass traordinary Senator, as well as my col- unanimous consent that all Members this bill, if we can only get a chance to leagues here in the House feel today may have 5 legislative days within vote on it. The President has stated that he is an extraordinary Congress- which to revise and extend their re- that he will sign this important bill man. marks on the special order just given. into law the minute it reaches his ED was born in Terre Haute, Indiana. The SPEAKER pro tempore. Is there desk. He was an outstanding student. He objection to the request of the gentle- We have an opportunity to provide graduated from Indiana University in woman from Indiana? real leadership and pass this measure 1973 with a Bachelor of Arts degree There was no objection. that will help further educational with distinction. He graduated from In- f progress for all the children in this diana Law School, magna cum laude in country. But, unfortunately, the Re- 1977. Of course, he went on to be in- SCHOOL CONSTRUCTION VERSUS volved in civic activities as well as pol- TAX BREAKS publican leadership of this House has chosen to choose a path of confronta- itics. He served, as I said, in the Indiana The SPEAKER pro tempore. Under a tion and gridlock over the opportunity State Senate from 1980 through 1992, previous order of the House, the gen- for consensus and progress. Rather and he was chairman of the Senate tleman from North Carolina (Mr. than working together to produce a Committee on the Judiciary and chair- ETHERIDGE) is recognized for 5 minutes. common sense solution to the need for man of the Indiana Commission on Mr. ETHERIDGE. Madam Speaker, I school construction, the Republican Trial Courts and chairman of the Indi- rise today to continue my call for this leadership brought to this floor yester- Congress to pass real school construc- ana Code Revision Commission. day a bill that contained a sham school In the private sector, he served as a tion legislation without further delay. construction measure. We have missed opportunity after City Attorney for the city of Brazil, Madam Speaker, the Members of this and as General Counsel for the Indiana missed opportunity, and it is time to House have an obligation, a solemn re- stop playing partisan games and pass a State University. He has also been in a sponsibility, to work together to craft partner in the law firm of Thomas, meaningful bill to address this urgent common sense solutions to the prob- priority. Thomas & Pease. In 1993, ED became lems facing America’s people. But, the Vice President for University Ad- Madam Speaker, as a Congressman rather than meet this responsibility, from the Second Congressional District vancement at Indiana State Univer- Republican leadership has chosen to sity, and he was very highly regarded. of North Carolina, I represent an area pass a sham proposal and a bill they of the country that has undergone tre- He is one of those people over there know would be vetoed. they would like to have considered mendous growth in recent years. In The Republican tax bill contains communities throughout my county down the road, and maybe imme- many provisions that I support, but the diately, as president of Indiana State and my district, our schools are burst- sad fact is they chose to include many ing at the seams. The same can be said University. good provisions in a fundamentally ED PEASE is one of the finest men I for this country. Our local commu- flawed bill. have known. He has been a great Con- nities are struggling to provide re- In addition, the leadership yesterday gressman, a great leader in this body. sources to build new schools and to get pushed through an appropriations bill We will miss you a lot, ED. I hope you our children out of trailers and to fix that provided $687 million in grants to have a great deal of success in the fu- up rundown school buildings. states to build prisons. Now, I support ture, and you come back and visit your Throughout my district, students in the need for prisons in certain areas, colleagues in the Congress often. overflowing schools are being packed but prisons should not be a higher pri- I would also like to say our candidate in trailers that are years old and long ority than our schools for our children. for Governor in Indiana right now is past their use. As an example, in What does it say about our values that Congressman MCINTOSH. DAVID Franklin County, 55 trailers; in Gran- we can pass millions of dollars in pris- MCINTOSH has been here since 1994. He ville County, 16; Harnett County, 41; on aid, yet leave our children in over- has been an outstanding Congressman. Johnston County, 98; Lee County, 40; crowded schools, trapped in rundown He served as one of my subcommittee Nash-Rocky Mount, 162; Sampson facilities and stuck in trailers? Prisons chairmen on the Committee on Govern- County/Clinton City schools, 76; Wil- ought not to be nicer than our schools. ment Reform. He has done an exem- son, 34; and Wake County, a whooping In conclusion, remain an optimist. plary job as well there. He is another 530. We still have time to pass a school con- person we are going to miss a great That would not be such an astound- struction bill before we adjourn this deal. ing number, except for the fact our Congress, and I urge the Republican DAVID, before he became a Congress- State has passed a $1.8 billion bond leadership to allow us to do so. man, worked with the vice president at issue and each county has borrowed f the White House in the Executive Of- money and worked as hard as they fice Building down there on the Council could. The problem is, we are the TRIBUTE TO THE HONORABLE ED- on Competitiveness. He was the Execu- fourth fastest growing state for stu- WARD A. PEASE AND THE HON- tive Director there. He did an out- dents in the country. Congress must ORABLE DAVID M. MCINTOSH standing job for the Vice President act now to help get these children out The SPEAKER pro tempore. Under a Quayle, and we felt when he came to of trailers. previous order of the House, the gen- Congress were going to have him with For nearly 4 years now I have worked tleman from Indiana (Mr. BURTON) is us for a long time and he would be a with my colleagues in this House on recognized for 5 minutes. real asset to us. He has been, but, un- both sides of the political aisle to pro- Mr. BURTON of Indiana. Madam fortunately, he decided he wanted to vide leadership on this issue and pass a Speaker, we are going to be losing two become the chief executive of Indiana. common sense bill that will help our of our Congressmen from Indiana, and We all wish him well in the campaign, local folks deal with this critical prob- they are both very fine Congressmen. and we will know in another week or so lem. One of them is ED PEASE, whom all of whether or not he has been successful. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11411 In any event, we certainly wish him with 3 children and the assistant man- very awkward saying a retirement the best in the future, whether or not ager of an insurance company when he after 2 terms. There is a real loss here, he becomes the Governor of Indiana, jumped into politics with a successful I believe, to Congress with ED leaving and we also hope, DAVID, you will come race for the Alderman Ward 26 in St. and going back to Indiana. It is a loss back and visit us often, because you Louis in 1959. That same year, he was to the country and, perhaps, a gain to have been an outstanding Congressman arrested, along with two companions, Indiana and his family. and a very good friend. for seeking service at a whites-only ED PEASE is an individual that al- f counter at a local Howard Johnson’s ways had a very dignified demeanor as restaurant. he would serve as Speaker pro tempore b 1430 The foundation of Representative here in the House. SPECIAL TRIBUTE TO THE CLAY’s popularity was cemented in He is an individual that is always HONORABLE WILLIAM CLAY 1963, when still as a young St. Louis Al- very conscientious. He was kind and derman, he helped lead a landmark considerate and loyal. As a matter of The SPEAKER pro tempore (Mrs. antidiscrimination protest at Jefferson fact, he is the type of person you want BIGGERT). Under a previous order of the Bank. He was jailed for 112 long days as a friend. His work was always based House, the gentlewoman from Florida for violating a court order and rose, on being thoughtful and methodical in (Mrs. MEEK) is recognized for 5 min- like a phoenix out of the ashes, to his approach. He was that way, not utes. claim his place as a fearless civil rights only in the manner of his life, but in Mrs. MEEK of Florida. Madam leader . . . legislating here in Congress. Speaker, I have a very privileged op- Representative CLAY ran for Congress I think of two things when I think of portunity today, and it is one in which in 1968, the same year that Dr. Martin ED PEASE and what he did here in Con- I feel that is at an especially honorable Luther King, Jr. was assassinated. He gress; his service on the Committee on time. was Missouri’s first African American Transportation. ED was fiercely loyal Madam Speaker, I rise to pay a spe- to win election to the United States and always attended every sub- cial tribute to the gentleman from Mis- House of Representatives, and since he committee hearing and full committee souri, our friend, our colleague, Con- has emerged as the region’s most hearing. He was instrumental with re- gressman BILL CLAY. There are not prominent and powerful black-elected gards to 21 States that always had been many people around like BILL CLAY. He official. considered donor States since the in- is a unique person. He is a scholar, a Representative CLAY was sworn into ception of the interstate system, and mentor, a founder, and an inspirational this body on January 2, 1969, and since the inequity in the gas tax and its re- leader, a fighter, and a fierce person for then has enjoyed many legislative wins distribution formula across the States. equity and civil rights for all. and accomplishments. ED felt that that was wrong, and he BILL CLAY is announcing his retire- Among his many achievements are worked very hard. ment in this body after the close of the the Family Medical Leave Act, the They brought equity back to the 106th Congress. BILL CLAY is honored, first piece of legislation signed into funding formula to Indiana which had Madam Speaker, to take his place law by President Clinton, and increases also always been a donor State since among the great leaders of this Nation in the minimum wage. Representative the 1950s. In the last Transportation who have successfully and coura- CLAY has helped to steer through legis- bill, we received over a billion dollars geously walked the halls of power in lation on higher education, vocational more than previous bills, and I think Congress. education and disabilities legislation. ED PEASE’s work needs to be com- In the field of education and labor, BILL CLAY has been an unwavering plimented for what he did for the coun- advocate for civil rights. We are going Representative CLAY’s legacy is solid. try. to miss him, Madam Speaker. He has He leaves behind a stack of legislative With regard to DAVID MCINTOSH, walked in such a way that we are accomplishments ranging from in- DAVID is, I think, known as the analyt- standing on his shoulders, those of us creased funding for historically black ical thinker, always working the angle who are here today, even when it was colleges and universities to bolstering to properly deploy what he perceives as not popular to do so. health and safety protection for work- the well-crafted strategy. Representative CLAY, like many ers. He is true to his principles and, at other black-elected officials, realized In the House of Representatives, Rep- times, makes legislating difficult, be- that the road to equality for black resentative CLAY has served as a histo- cause he seeks to hold the line, but America was through continuous rian of the Congressional Black Cau- that is what legislating is all about, struggle and through fighting a ra- cus, and in doing so has, himself, cre- not finding the easy course, but forcing cially-charged system that was ob- ated a long and outstanding history. two sides to actually sit down and He can very easily be called the his- sessed with keeping black Americans work through their differences. torian of the Congressional Black Cau- from even the most basic of human and The country’s loss, like ED PEASE, cus because he has kept the history of civil rights. will be Indiana’s gain. DAVID MCINTOSH this Congress. He is a prolific writer I tell this Congress and I tell the is running for Governor of Indiana, and and academician. He faced many trials world, this is a brave man. As a young he hopes to lead Indiana into the 21st and tribulations. man in the military, Representative Century. When the history of this body is writ- To ED PEASE and DAVID MCINTOSH, CLAY and his wife jumped into the all- ten and the heroes are identified, the white military swimming pool, scat- we thank you for your service to coun- name of BILL CLAY will be at the top. tering all the whites in screaming hor- try, to the State, and to your commu- f ror. He has been jumping in and out of nity. You are precious assets, and you dangerous and unfriendly waters ever PAYING TRIBUTE TO RETIRING will be missed. God speed to you and since. CONGRESSMEN FROM INDIANA, your families. He is unafraid, Madam Speaker. As a THE HONORABLE EDWARD f founding Member of the Congressional PEASE AND THE HONORABLE The SPEAKER pro tempore. Under a Black Caucus, Representative CLAY has DAVID MCINTOSH previous order of the House, the gen- served as a leader and mentor to the The SPEAKER pro tempore. Under a tleman from Pennsylvania (Mr. GEKAS) junior Members of Congress. To each previous order of the House, the gen- is recognized for 5 minutes. one of us, we follow his lead. We watch tleman from Indiana (Mr. BUYER) is (Mr. GEKAS addressed the House. His his button. We ask for his counsel. recognized for 5 minutes. remarks will appear hereafter in the His statesmanship and fearlessness, Mr. BUYER. Madam Speaker, I rise Extensions of Remarks.) however, did not begin in Congress. today to talk about the retirement of f Madam Speaker, a St. Louis native, two Members of Congress in the State The SPEAKER pro tempore. Under a Representative CLAY graduated from of Indiana. previous order of the House, the gen- St. Louis University in 1953 and was ED PEASE is leaving Congress after tleman from Alabama (Mr. RILEY) is drafted into the Army. He was married only having served 2 terms, and I feel recognized for 5 minutes. H11412 CONGRESSIONAL RECORD — HOUSE October 27, 2000 (Mr. RILEY addressed the House. His would allow for an adjustment for per- them, helping their families and help- remarks will appear hereafter in the manent residents for Caribbean nation- ing this country as well. Extensions of Remarks.) als who have lived and worked in the Madam Speaker, I urge this House to f United States prior to September 30, give my legislation favorable consider- The SPEAKER pro tempore. Under a 1996 and have applied for an adjustment ation as soon as possible. previous order of the House, the gen- of status before April 1, 2002. f This means that Caribbeans who tleman from Indiana (Mr. SOUDER) is PERMISSION FOR MEMBER TO DE- recognized for 5 minutes. have been in the U.S. prior to Sep- tember 30, 1996 without proper docu- LETE CERTAIN REMARKS FROM (Mr. SOUDER addressed the House. THE CONGRESSIONAL RECORD His remarks will appear hereafter in mentation can receive green cards. the Extensions of Remarks.) The bill provides for spouses and chil- Mrs. MEEK of Florida. Madam f dren of those who have become perma- Speaker, I ask unanimous consent to nent residents under section (a) to also delete a portion of the remarks of my CARIBBEAN AMNESTY AND become permanent residents of the special order speech given earlier RELIEF ACT U.S. if they apply before April 1, 2002. today. The SPEAKER pro tempore. Under a The bill establishes a Visa Fairness The SPEAKER pro tempore. Is there previous order of the House, the gen- Commission, which will study eco- objection to the request of the gentle- tleman from New York (Mr. ENGEL) is nomic and racial profiling by American woman from Florida? recognized for 5 minutes. consulates abroad and customs and im- There was no objection. Mr. ENGEL. Madam Speaker, several migration inspectors at U.S. points of f weeks ago, I had the opportunity to ad- entry. DEVELOPMENT OF ANWR IS IN dress this body and talk about my bill, The purpose of this section is to de- THE NATIONAL INTEREST the Caribbean Amnesty and Relief Act, termine whether there is discrimina- and I would like to speak about it tion against Caribbeans and others The SPEAKER pro tempore. Under a again. when applying for a visa or upon enter- previous order of the House, the gen- I am very proud to introduce the Car- ing the United States. tleman from Alaska (Mr. YOUNG) is rec- ibbean Amnesty and Relief Act, which In addition, this section would allow ognized for 5 minutes. is legislation to reduce the devastating for the Secretary of State to waive the Mr. YOUNG of Alaska. Madam impact on the Caribbean community visa fee for those who are too poor to Speaker, I come to the floor today to caused by the 1996 Immigration Reform pay. set the record straight on some very bill. Again, it is imperative that we try to interesting, but very misleading, alle- The people of the Caribbean Basin unite families. It is unconscionable gations regarding the development of have always been loyal friends of the that we would have families here in the the coastal plain for our oil, your oil, United States. At the height of the United States and others in the Carib- in the State of Alaska. Cold War, the United States looked to bean nations who want to be reunited Let me make it perfectly clear that the Caribbean nations to fight the in- but through loopholes cannot be. nobody cares about the environment filtration of Cuban-style Communism. We are also concerned about the arbi- more than Alaskans. We have balanced As a result, the Caribbean countries trariness of people who are granted our environment with what the Nation suffered political upheaval, and the green cards and some people who are needs. people of the Caribbean fled to the not able to get green cards. We think To give you an example of what we United States to escape human rights that much of this is done in an arbi- have been able to do with winter drill- abuses and economic hardship. trary manner. ing, directional drilling, ice roads and People of the Caribbean have now es- Madam Speaker, this is important pads, this is an oil field, what an oil tablished roots in the United States, legislation, and I urge the House to well looks like in Alaska in the winter- many in my congressional district. give it favorable consideration as soon time. Many have married here and many as possible. We are, after all, dealing This is the alpine field itself. I want have children that were born in the with people’s lives. I look upon immi- everybody to look at what is on the United States. gration as a good thing for this coun- floor. It is snow. It is ice. It is probably The economic structure of the Carib- try. Immigrants built this country. 40 below zero, very, very hard to live bean is such that it cannot absorb the The reason why this country has done there. But after we are all done, this great number of undocumented people so well through the years is because well will produce probably 300 million now present in the United States. the best and the brightest from all over barrels of oil for you, all of it going to Our country, in my opinion, should the world have come to these shores, as the United States. This is what it looks grant the Caribbean population already my four grandparents did many, many like when we finish drilling. in the United States amnesty since years ago, and have helped to build this b 1445 they have been here so long and con- country. tinue to benefit the United States What kind of a person emigrates to That is the footprint. That is the economy. these shores? It is not a lazy person. It footprint. It is not much larger than The Jamaicans, for example, present is someone who is willing to put aside the desk that the Speakers speak from in the United States, send back to all of the customs and cultures, leaving behind here. That is what is left. Any- their families 800 million in U.S. dol- family behind and coming to this coun- body saying there is going to be a huge lars per year. The Jamaican economy try is certainly an industrious, hard- footprint is not looking, not thinking, would be severely strained if that working person who just wants to be not being there. money were to disappear. given a chance. And this is for us. This is Federal oil. In 1997, Congress recognized that the That is what the United States has And why should we not develop it? Illegal Immigration Reform and Re- meant to millions and millions and When I think of the footprint, I think sponsibility Act would result in grave millions of people through the years, of Boston or L.A. or Miami, those are injustices to certain communities, and for people to just have a chance. It is a really impacts upon the environment. so we passed the Nicaraguan and Cen- win-win situation, because, in terms of But an even bigger impact upon our en- tral American Relief Act but left out helping the families, we are also help- vironment is our 58 percent dependence Caribbeans. I believe that that was ing this country. upon Saddam Hussein, Saudi Arabia, very unfair. Again, if we do not do it as this term Kuwait, Venezuela, Colombia and We need to pass legislation which winds down to an end, I will be reintro- Yemen. Think about that for a mo- will help the Caribbean community; ducing this in the next Congress, and I ment. That is a footprint. And by the thus, I am proud to take the lead on hope we can move so that this travesty year 2005, it will be 61 percent, unless the Caribbean Amnesty and Relief Act. of families being broken apart can be we change our ways. I would like to again tell my col- ended and that we can finally give re- Last year, we imported very nearly a leagues what this would do. This bill lief to people who need it, helping million barrels a day alone from Iraq. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11413 A million barrels a day from Iraq. U.S. nology has also reduced the size and impacts to this administration, Saddam Hussein re- purchases from Saddam Hussein are $39 of these developments. Our soil and gas facili- ceives funding that can be used to build weap- million each day we send him to build ties on the North Slope have gotten smaller ons of mass destruction and carry forward his arms, to kill people, to potentially and smaller while becoming cleaner and anti-U.S. agenda. Not only do these actions have nuclear war. cleaner. The surface disturbance of these put our foreign policy and the national security Do we want that kind of footprint? In areas is temporary and minimal. Advances at risk, they also are fiscally irresponsible and fact, I would like to show a real foot- such as ice roads and pads leave no impact environmentally damaging. Imports of crude oil print. Not this one less than the size of upon the environment. But don't just take my account for nearly $100 billion per year of our this desk, but this one. Do my col- word for it, let me show you a recent develop- trade deficitsÐone-third of the entire trade leagues recognize this footprint? I ment site utilizing this new technology. deficit. would like to refresh our memories. This photo demonstrates the winter oil and Also, let's not forget what environmental This footprint was Kuwait. Does that gas operations that will deliver oil and gas re- protection looks like in these countries. This is look like it is good environment? Is sources to supply our Nation's demands. Now, a picture of environmental protection in the that protecting the atmosphere with let me show you the footprint this development less stable foreign nations the United States is all the oil burning? That is the foot- leaves when summer arrives and the ice and dependent upon. The fact is, that a develop- print, not what I had in my own foot- snow have melted away. This is how Alaskans ment in Alaska, the size of Dulles Airport, can print. develop oil and gas resources in our State, help address the supply needs of the United Let us compare these two right here. with minimal impact, surface occupancy while States as part of a comprehensive national I think it is pretty good, that is the maximizing protective measures for the envi- energy policy with a balance to protect the en- footprint of those who are against de- ronment. With this successful track record, I vironment. Like all new Federal actions, it will veloping our coastal plain. This foot- hope my colleagues can understand why it is take the passage of a law to begin the devel- print, green grass, wildlife, a little tiny so deeply troubling for me to hear comments opment of the coastal plain. However, the thing not much bigger than that desk, from some of my urban colleagues who try to coastal plain was set aside for future develop- or this one right here. That is the real lecture Alaska and Alaskans about environ- ment in § 1002 of the 1980 Alaska National In- footprint. mental impact. When I think of man's impact terest Lands Conservation Act. The first line of Then we have another one. I keep on the environment, my mind races to big cit- this section clearly states the intent, ``The pur- hearing 95 percent of it is open for de- ies, like Boston, with huge expanses of devel- pose of this section is to provide for a com- velopment. If I could have the next opment and air quality issues. Not oil and gas prehensive and continuing inventory and as- one, 95 percent is open for develop- production that services our national demand sessment of the fish and wildlife resources of ment. This is what we are talking in an environmentally benign manner. the coastal plain of the Arctic National Wildlife about. We keep hearing from people on Some of these same Members also advo- Refuge; an analysis of the impacts of oil and that side of the aisle from Massachu- cate the creation of a Northeast heating oil re- gas exploration, development, and production, setts, who have never been there by the serve. While I may concede that there are and to authorize exploratory activity within the way, have no concept, wants to have a some superficial merits to this notion, it will do coastal plain in a manner that avoids signifi- reserve of oil to heat the homes for the nothing to solve the real problems our country cant adverse effects on the fish and wildlife senior people and wants to buy it from faces regarding a domestic energy policy. and other resources.'' And President Carter the OPEC countries and pay $34 a bar- While the band aid of a heating oil reserve made this intent very clear at the signing cere- rel, or use it out of the reserve which sounds appealing, it is both unworkable and mony when he said in the opening moments was set aside for strategic purposes will rely on foreign imports to maintain the re- of that ceremony, ``This act of Congress reaf- only for military. I was here, he was serve's capacity. To address the heating oil firms our commitment to the environment. It not. And to have someone to say that issue, this administration decided to drain the strikes a balance between protecting areas of this is the way to solve our problem by Strategic Petroleum Reserve in an effort to im- great beauty and value and allowing develop- spending our reserve and then to say pact heating oil prices. This ill-conceived, polit- ment of Alaska's vital oil and gas and mineral that 95 percent of Alaska is open for oil ical knee-jerk was opposed by both Alan and timber resources. A hundred percent of development and coastal plain. Greenspan and Secretary of the Treasury the offshore areas and 95 percent of the po- This is closed from all the way here, Summers. In a September memo, they wrote tentially productive oil and mineral areas will all the way over to here, it is open the President that draining the reserve would be available for exploration or for drilling.'' here, closed, open and closed. Looking be a ``major and substantial policy mistake.'' The intent to develop the portion of the ref- at that, 14 percent is open. Unfortunately, their forecast was proven true uge with the greatest potential for oil and min- The ironic part about it, people say at the expense of taxpayers. We don't need eral development is clear. President Carter 95 percent. And I said something time temporary Band-aids to fix our energy prob- made this point at the signing ceremony when and time again, just because this car- lemsÐwe need lasting solutions to the prob- he spoke of the offshore areas being com- pet is blue does not make it the sky. lem of dangerously excessive dependence pletely open to development and the 1002 This is carpet. And just because an upon imports. Fifty-eight percent of our Na- area being set aside for onshore development. area might be open, most of it is tion's supply is delivered from foreign sources. Revisionists feel that the area set aside to pro- closed, does not mean there is oil That is especially shocking when you consider vide ``vital oil and gas resources'' is now the there. And how can this Congress keep that the United States was only 35 percent re- biological heart of the refuge. These environ- saying because of special interest liant during the 1973 oil embargo. And even mental extremists clearly have never visited groups, we must not develop the small more worrisome is that more and more oil is the coastal plain of ANWR to witness how little coastal plain area less than a being supplied from countries like Iraq. Ten Alaskans have struck a balance between envi- million acres? About the size of the years ago, we went to war in the Persian Gulf ronmental protection and supplying this nation Dulles Airport, by the way. to stifle Saddam Hussein. Within the last year, with the vital energy resources. Alaskans con- Madam Speaker, I desire to set the record this administration has allowed Iraq to export serve the area our oil and gas developments straight on some very interesting, but very nearly 1 million barrels per day to the United occupy. We have only utilized 14 percent of misleading allegations regarding the develop- States. Why? Because this administration's our arctic coastline for oil and gas develop- ment of the coastal plain of my home State of energy policy consists of one principle: When mentÐnot the 95 percent some Members Alaska. Let me say up front that nobody loves the price of crude gets too high, we ask for- have erroneously stated. And we have re- Alaska more than Alaskans and nobody cares eign sources to increase production to drive duced the temporary footprint these develop- more about protecting Alaska than the people down price. ments create. First generation developments who reside in our great state. What Alaskans Madam Speaker, what kind of energy policy utilized 65 acres. With 30 years of arctic expe- have found in the more than 20 years of oil relies on our enemies to supply our Nation's rience, the same development would use less and gas development is balance. A way to needs? At the same time, this flawed policy than nine acres. for some fields, directional balance our Nation's need for fossil fuels and provides millions of dollars to be used in a drilling allows development without any sur- our desire to conserve our precious natural re- manner which places our global security in face occupancy. sources. Alaskans accomplish this balance jeopardy. At today's prices, the United States Many of the concerns revolve around the with technological advances such as direc- reliance on Iraq's production hands Saddam caribou that calve upon the coastal plain. As tional drilling where development can tap oil Hussein more than $33 million per day. That a Member who served in the Congress during and gas reserves from miles away. Tech- adds up to nearly $1 billion per month. Thanks the consideration and building of the Trans H11414 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Alaska Pipeline, I have heard the allegation them lower interest rates because the The idea that we would encourage that oil and gas development will hurt the car- interest on those bonds is tax excluded, school districts to take 4 years, when ibou that thrive within our State. This argu- tax exempt, and accordingly those who they did not build schools and instead ment was made during the building of the 800 buy bonds from school districts agree played with the money, does nothing mile Trans Alaska Pipeline 20 years ago. It to lend that money with a low rate of for education. It will cost the govern- has now been dusted off and used in the de- interest. ment over $2 billion. bate against developing ANWR. Mr. Speaker, Building on that, the Democrats have But I understand where the impetus I think the truth about development's impact suggested that school districts, in ef- for this provision comes from, because upon caribou can be easily found by looking at fect, get zero-interest bonds, the for many years I practiced tax law. I the impact over the past 20 years of the Trans chance to issue bonds where the hold- would emerge from the tax law library Alaska Pipeline. ers of those bonds get no interest at all after 12 dreary hours of reading fine When the pipeline was being built the car- paid for by the school district, but print regulations and I would say at ibou population of the Central Arctic Caribou rather they receive a tax credit from least my job is exciting compared to Herd was at 3,000. Since development, popu- the Federal Government. So instead of those tax lawyers who are subspecial- lations have been as high as 23,400. The rea- subsidizing the interest cost, the Fed- ists in tax law for tax exempt bonds. son caribou have thrived on the North Slope eral Government through the Tax Code That is the most boring job I can imag- is because our arctic development has relied would pay the interest costs. ine, and I was a tax nerd for many on technological advances which actually help The effect for school districts is to years. I know boring. create a favorable environment for the wildlife. reduce their borrowing costs by one- The Bond Council want the excite- third. That is to say, instead of repay- With directional drilling and ice roads and ment of the investment bankers. We ment costs that might cost a school pads, the oil and gas industry can utilize tech- should not do it. We should build district $100,000 a year, they would be nology to protect wildlife and the environment. schools now. making repayment costs of $66,000 a Madam Speaker, developing the coastal f year. That will allow school bonds to plain of my home State of Alaska to respon- be sold throughout this country and COMPREHENSIVE SCHOOL CON- sible drilling is the right thing to do. This small allow us to build and revitalize schools, STRUCTION LEGISLATION NEED- development will supply this country with vital and that is important for our edu- ED BEFORE THE END OF 106TH energy resources while doing no harm to the cation. CONGRESS environment. Utilizing such a small area, as What the bill we dealt with yesterday The SPEAKER pro tempore. Under a Congress intended, to service our Nation's en- does is instead of providing $25 billion previous order of the House, the gentle- ergy needs is an important part of a com- of these special tax credit, no-interest, woman from California (Mrs. CAPPS) is prehensive energy policy and something that lowest possible cost bonds to the school recognized for 5 minutes. can be done with balance to conserve the en- districts, providing $25 billion over a Mrs. CAPPS. Madam Speaker, today vironment. It is something that the Native period of 2 years, it provides only $15 I would much rather be on my way Alaskan population that call the coastal plain billion of those bonds over a 3-year pe- back home to the central coast of Cali- home want. It is something that a majority of riod. Roughly half of what we Demo- fornia in order to spend time with my Alaskans want. And oil and gas production crats suggested. constituents. Instead, I rise to express from Alaska's coastal plain is something this Now, in one way it is a little more my deep concern over an issue that nation needs. than half. We wanted 25, they gave us greatly affects them as well as millions f 15. But if we really look at it, it is a of other Americans: Schools in this The SPEAKER pro tempore (Mrs. little less than half. We wanted $12.5 country and in my communities which BIGGERT). Under a previous order of the billion a year; they are providing $5 bil- are overcrowded and in great disrepair. House, the gentleman from Indiana lion a year. And what is also bad is In these last few hours in the 106th (Mr. HOSTETTLER) is recognized for 5 that they have weaseled the Davis- Congress, I am disappointed that we minutes. Bacon language so that not only do have not yet passed comprehensive (Mr. HOSTETTLER addressed the school districts get less than half of school modernization legislation. But House. His remarks will appear here- the help they need, but we are going to we are still in session and there is still after in the Extensions of Remarks.) get substandard schools built at sub- time. I strongly believe that education is a f standard wages in inadequate quantity. The Republicans, though, did provide local issue. But overcrowding is a na- The SPEAKER pro tempore. Under a another method of helping school dis- tional crisis which demands a strong previous order of the House, the gen- tricts. It was a new idea and an excit- national response, not just a token. I tleman from Indiana (Mr. VISCLOSKY) is ing idea. A terrible idea. An idea which have come to stand here on this floor recognized for 5 minutes. will cost the Federal Government over several times on this topic. Recently, I (Mr. VISCLOSKY addressed the $2 billion, but is worse than nothing to held a letter signed by over 300 stu- House. His remarks will appear here- the school districts. What they are dents from Peabody Elementary School after in the Extensions of Remarks.) going to do is relax the arbitrage rules. in Santa Barbara expressing their de- f What that means is they are going to sire for real, meaningful school con- USING THE TAX CODE TO BUILD turn to school districts around this struction legislation. Now, this is a school in Santa Bar- SCHOOLS IN AMERICA country and say, ‘‘We know you are going to issue tax exempt bonds, but bara built for 200 students which now The SPEAKER pro tempore. Under a when you do so, do not use the money houses over 600. These students know previous order of the House, the gen- to build schools right away. We are how disadvantaged they are when port- tleman from California (Mr. SHERMAN) going to let you play with the money able classrooms take up precious out- is recognized for 5 minutes. for 4 years.’’ door space which should be used in the Mr. SHERMAN. Madam Speaker, we So this is a special incentive from development of their bodies and minds have had a number of great fiscal de- the Federal Government to help the through physical activity. Time and bates on this floor. Yesterday we con- school districts. We are going to give time again, I have visited schools fronted the issue of how to use the Tax them a free ticket to Las Vegas with throughout my district which suffer Code to help build schools in America. the bond proceeds. Take the bond pro- from similar circumstances. The Democrats had one approach, the ceeds and go gamble them, and that is Madam Speaker, there is not a school Republicans had another. And the bill what Congress wants school districts in the Santa Maria Bonita district which was passed yesterday, unfortu- to do. whose enrollment is not hugely im- nately, was a blend of the two. Madam Speaker, did we forget what pacted. One school comes to mind, The Democrat approach makes an happened to Orange County, California, Oakley, which was built for 480 stu- awful lot of sense. It builds on the tra- which went bankrupt just a few years dents and now houses over 800. The dition we have in this country that ago? The idea will not help build a high school district in Santa Maria is when school districts issue school school on Elm Street, but it will help hoping to pass a bond measure because bonds, the Federal Government gives build skyscrapers on Wall Street. of the extreme overcrowding. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11415 In San Luis Obispo, Cambria the gentleman from Indiana (Mr. utes as the designee of the majority GRAMMar School was built to handle PEASE) came from and what he accom- leader. 200 students. They now have eight plished before he came to Congress, Mr. SHAW. Mr. Speaker, today I portables in its playground space with that is not surprising. would like to rise in really celebration 345 students. Students who are kinder- When one compares the gentleman of a career of probably one of the most gartners, the youngest of all, have been from Indiana (Mr. PEASE) and the gen- respected Members of this great body, moved to a nearby middle school and tleman from Indiana (Mr. MCINTOSH), and I am speaking of the gentleman they are housed in a small portable there are a lot of comparisons. Both of from Texas (Mr. ARCHER). with a small fenced-in playground. them are down-to-earth people. They The gentleman from Texas (Mr. AR- I spent 20 years as a school nurse in are common guys. They are non- CHER) came to this House back in 1970 the Santa Barbara School District, and presumptuous. They are easy to meet, after having served a short term in the I have seen firsthand the damage that courteous. Texas House of Representatives. But I deteriorating classrooms have. The It may come as some surprise to the think he really came into his own in students cannot thrive academically if Members of this body that both of 1994 when he became the Chairman of they are learning in overcrowded and them, in their educational back- the Committee on Ways and Means crumbling buildings. This is the most grounds, they excel. They do not try to after serving for several years as the crucial time in their lives for learning impress one with their IQ or their in- Ranking Republican Member. and we have an opportunity to do telligence. If there is one person in this body something about this. The gentleman from Indiana (Mr. that I really try to as much as I pos- sibly can to pattern myself after, my Madam Speaker, I supported the PEASE) graduated with distinction conduct and how I vote and how I view America’s Better Classrooms Act, a from Indiana University and his J.D. things, it would be the gentleman from strong bipartisan measure, 225 cospon- degree, Cum Laude, from Indiana Uni- Texas (Mr. ARCHER). He has such a high sors. It would have provided approxi- versity. moral standard that he sticks to him- mately $25 billion in interest-free funds Now, I know the gentleman from In- self. diana (Mr. MCINTOSH) better. I knew to State and local governments so that His ability to listen to the Members Ruthie. My wife Linda and I knew their school construction and modernization and his ability of inclusion on the Com- daughter Ellie, who was born in 1997. projects could occur. Such funding mittee on Ways and Means, it is sort of But it was not until sometime later would help schools like Peabody, Oak- a rare thing that one sees that there is that I discovered that he came from a ley and Cambria Grammar Schools to a coming together, because we see tax make improvements in classrooms, small farming town, Kendallville, in policy different, the two political par- playgrounds and would help reduce Indiana, and that he worked in a found- ties. class sizes. ry to save money for his college edu- But under his leadership, he was a I believe here in Congress we must cation. That university was Yale Uni- key player in getting the 1997 balanced set our standards high to ensure that versity. He is a Yale University grad- budget with tax relief signed into law. all children have the right start. All uate. That tax cut was the first tax cut in 16 children deserve to have safe, clean, He worked in the White House under years. That shows his ability to work modern school environments to be part Ronald Reagan. He was asked by this with the administration. of each day. House to chair the Subcommittee on I know that, on many occasions, he So, Madam Speaker, this 106th Con- Regulatory Reform and Paperwork Re- has gone down and has met with Presi- gress is coming to an end, but our stu- duction. Now, on that subcommittee, I dent Clinton on a number of things, dents have a lifetime of learning ahead. think one of his greatest accomplish- some of which bear fruit and others They need our help now. I believe we ments was spearheading efforts to that have not. can still act and must act to pass com- strengthen laws that protect the envi- I would like to just tick off a few of prehensive school construction legisla- ronment and health and safety. the accomplishments that the Com- tion in this session of Congress. At the same time, he did away with a mittee on Ways and Means has done f lot of silly, unnecessary, down right under his leadership. He shifted the stupid regulations. One required every burden of proof off the taxpayer and b 1500 paving crew to work in a heavy shirt onto the Internal Revenue Service. INDIANA LOSING TWO GREAT and long pants on Indiana roads, even That does not sound like much. But REPRESENTATIVES if it were over 100 degrees. He was able under our form of law, the taxpayer to work to eliminate laws like that. had the burden of proof, which just The SPEAKER pro tempore (Mrs. Whether it is the gentleman from In- does not seem to be fair under our BIGGERT). Under a previous order of the diana (Mr. PEASE), former Eagle Scout, sense of justice. House, the gentleman from Alabama going back to work in Indiana or the Under the leadership of the gen- (Mr. BACHUS) is recognized for 5 min- gentleman from Indiana (Mr. tleman from Texas (Mr. ARCHER), we utes. MCINTOSH), hopefully the next Gov- changed that. We gave taxpayers 74 Mr. BACHUS. Madam Speaker, Indi- ernor of Indiana, they are going to be new rights and protections in their ana is losing two great Representatives missed in this body. dealings with the Internal Revenue when this session ends: the gentleman f Service. We created an independent from Indiana (Mr. PEASE) and the gen- oversight agency to oversee the Inter- tleman from Indiana (Mr. MCINTOSH). GENERAL LEAVE nal Revenue Service. I think I can speak for all Members Mr. SHAW. Mr. Speaker, I ask unani- We gave new protections for innocent when I say that this is not only a loss mous consent that all Members may spouses. This is where, particularly in for Indiana, it is a loss for this body. have 5 legislative days within which to a case of a divorce, where the Internal Both of them are intelligent, hard revise and extend their remarks on the Revenue Service would go back after, working Members of Congress. Both of subject of my special order. usually, the wife who just signed the them have remained true to their prin- The SPEAKER pro tempore (Mr. return that her husband put in front of ciples, and both are dedicated to up- COOKSEY). Is there objection to the re- her; and they would go after her for holding the honor of this House and to quest of the gentleman from Florida? things that were in the tax return that the American people. There was no objection. were stated wrong, fraudulently or in I had the pleasure of serving with the f error. Now they have new rights, which gentleman from Indiana (Mr. PEASE) on is something that was very important. the Committee on Transportation and TRIBUTE TO THE HONORABLE It prevents the IRS from seizing Infrastructure. He has the distinction, BILL ARCHER homes without a court order. It seems and I know of no other Member that The SPEAKER pro tempore. Under peculiar that the IRS could have done can make this claim, of attending the Speaker’s announced policy of Jan- this without court orders, but now they every single meeting of that com- uary 6, 1999, the gentleman from Flor- have to have a court order; and that is mittee. But when one looks at where ida (Mr. SHAW) is recognized for 60 min- the right thing to do. H11416 CONGRESSIONAL RECORD — HOUSE October 27, 2000 These things, among the others, were looked at our staff and reduced the people do not see it this way, but it is the first overhaul of the Internal Rev- staff by one-third. This is something true. The shutdown of the government enue Service since 1952. that I think is really totally innate, was caused by the President of the Human resources, he steered the wel- the extent of that reduction in this United States because he was opposed fare and health care reforms into law. Congress. to balancing the budget. Yet, the gen- I had the great privilege of working The example of the gentleman from tleman from Texas (Mr. ARCHER) stood with the gentleman from Texas (Mr. Texas (Mr. ARCHER) is everywhere, I there, and stood there with great, great ARCHER) on welfare reform. We have think, in what he was able to accom- strength in order to carry that out, and done unbelievable things. We have cut plish, particularly during his time as finally signed in 1997 the Balanced the roles in half in this country, and in chairman of the Committee on Ways Budget Act. doing so, not just by shoving people off and Means. He certainly will be missed, Along with the gentleman from Flor- the roles, but giving them pride in but his good works will be enjoyed by ida (Mr. SHAW), the most important themselves to raise their own self-es- the American people for generations to thing that I have ever done in my ca- teem and expectations that we have of come. reer and many of our careers was wel- them and they have of themselves. Mr. DELAY. Mr. Speaker, will the fare reform. We found a system that So many of these people have now be- gentleman yield? had failed. It had failed because of its come the role models for their kids, Mr. SHAW. I yield to the gentleman liberal approach. It had failed the peo- and that is terribly important. Eight from Texas. ple on the welfare system. It had de- million former beneficiaries are now Mr. DELAY. Mr. Speaker, I really ap- stroyed families by being dependent on working and have gained their inde- preciate the gentleman from Florida the government. pendence. What a wonderful thing that (Mr. SHAW) bringing this special order Yet, with the President fighting us is. honoring the gentleman from Texas every step of the way, we passed that Child poverty now is at an all-time (Mr. ARCHER). The gentleman from legislation, and now we are reaping the low. Out-of-wedlock birth rate Florida has already gone over his leg- benefits. Families are coming back to- plateaued and now is declining for the acy, and what a legacy it is. gether. Fathers are moving back in first time in an entire generation and I happen to have the district that is with the mothers of their children. longer. next to the district of the gentleman Prisoners are no longer receiving Children are looking up to their par- from Texas (Mr. ARCHER), and I have ents as role models because they are welfare checks. That is something that known the gentleman from Texas (Mr. is hard to believe, that welfare checks receiving a paycheck. All of this is due ARCHER) for many, many years. In fact, were being paid to prisoners, but that to the will and the stamina and the dis- he does not particularly like for me to tinction of the gentleman from Texas is what was happening. We put a stop tell people how long I have known him, to that. Taxpayers have saved $30 bil- (Mr. ARCHER). but back when I was going to the Uni- lion. Let me just say on a personal note, versity of Houston, my senior year in His goal was to preserve Social Secu- the gentleman from Texas (Mr. AR- rity. The Archer-Shaw bill was a per- 1970, the gentleman from Texas (Mr. CHER) is one of the finest men I have fect example of trying to work with in- ARCHER) was running for Congress for ever had the privilege of knowing. Be- clusion. All the hearings that we had, the first time. At that time, it was the cause he is strong in his faith in God, listening to our Democrat colleagues, first campaign that I had ever worked his wife Sharon, whom he dearly loves, we incorporated into the bill their con- in. I never met him. I did not meet him at his side, a very extensive family, he cerns through the hearing process. for another 20 years. But I saw a man has been a role model that they have I would think that the gentleman that I wanted to work for, a man of modeled themselves after. His children from Texas (Mr. ARCHER), probably one great integrity, a wonderful conserv- are role models in themselves to their of his great disappointments is that we ative, a man of principle, a man that own children. His legacy is truly his did not get the bipartisan support and stood for principle. family. the support from the White House that The gentleman from Texas (Mr. AR- Being the role model that he is, a we felt we were promised. But I am CHER) was running as a Republican. man that shows integrity works, shows confident in the next Congress that we Back in Texas in the late 1960s and that being principled works, shows will save Social Security. That plan early 1970s, they did not elect Repub- that if one loves one’s family and holds that we will adopt may not have the licans, they shot them. To run as a Re- them together, it truly works. publican was pretty near a death sen- name of the gentleman from Texas (Mr. b 1515 ARCHER) on it, but it certainly will tence if one really wanted to get elect- have his spirit and the result of the ed. But the gentleman from Texas (Mr. And so I am more than pleased to be good works. ARCHER) stood up. He ran as a Repub- here in honor of BILL ARCHER. Beginning in the year 2012, we are lican. His district saw his great worth, Mr. SHAW. Mr. Speaker, I yield to looking at a $120 trillion deficit in So- and they elected him. the gentleman from California (Mr. cial Security. One tries to think how He has served with such distinction. THOMAS). many zeros are in 120 trillion. Just Even when he served in the minority Mr. THOMAS. Mr. Speaker, I thank think of it this way, it is 36 times the for so long, the majority would come to the gentleman from Florida, one, for amount of the national debt. We talk him for advice on tax policy and the taking this time to honor our colleague so much in this Chamber about getting tax code. Then when he took over as and our leader on the Committee on rid of the national debt, and we have a Chairman of the committee, most Ways and Means, the chairman, the projection out there by the Social Se- Members, particularly those that are gentleman from Texas (Mr. ARCHER). curity Administration of an amount not as senior do not remember, but the I came to the House in 1978 and equal to 36 times, 36 times the national Committee on Ways and Means carried, moved to the Committee on Ways and debt. That will be just over 60 years be- I think, about 70 percent of the Con- Means in 1983. My predecessor from my ginning in the year 2015. The gen- tract with America. district in Bakersfield was a Congress- tleman from Texas (Mr. ARCHER) tried They drove that legislation and did man by the name of Bill Ketchum, who to change that. Mainly because of his an outstanding job in telling the Amer- was a member of the Committee on good works, we will be able to reverse ican people that we were going to do it. Ways and Means during his tenure in that in the next Congress. We showed them that we were going to Congress. I already knew BILL ARCHER He sponsored the bill and led the do the Contract with America, and we by reputation through Bill Ketchum fight for the PNTR for China. As a con- did it under the Committee on Ways before I came to Congress. servative, he was the right man to lead and Means and, most importantly, the BILL ARCHER has provided an ex- that. I think that it is certainly a leadership of the gentleman from tremely important institutional link great accomplishment for which we can Texas (Mr. ARCHER.) to an earlier period of this body when be proud. It was hard to do because we were there was a different tone, a different When he took over the Committee on fought every step of the way in every- civility and, more importantly, a dif- Ways and Means as chair, he actually thing we were going to try to do. Most ferent approach to work product. The October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11417 thing that I will remember most about I thank the gentleman from Florida it is many times embarrassing to say BILL ARCHER is that oftentimes we once again for taking this opportunity them on a one-to-one basis. know a person as an individual and a for us to remember the real meaning of So, BILL, if you are listening, I do not person as a Member, and the way in BILL ARCHER. Do as BILL ARCHER would want you to inhale all this stuff, but which they conduct their business as a do. we really do believe it and want to ex- Member and the way in which they Mr. SHAW. I thank the gentleman press our appreciation and what you deal with various other personal as- for those very fine remarks. mean to us. pects as a person are often different. I In just a moment I will be yielding It is always hard to say good-bye to do not know of anyone else who follows back the time, the balance of which I somebody, particularly somebody for a course in which his professional ac- understand will be claimed by the gen- whom you have such respect. I am not tion is paralleled by his personal ac- tleman from New York (Mr. HOUGHTON) a tax lawyer. I am far from it. And one tion. to conclude this special order, but I of the great courses I have ever taken, Any time I have been in a closed would like to just point out a couple of when I came to this place, was from room with the gentleman from Texas, extra things about BILL ARCHER which BILL ARCHER in terms of tax law. I do and we have had to reconcile a dif- are tremendously important. not consider myself a great tax expert ference, the reconciliation takes the When I first went on the Committee now, but whatever I have learned, I course of what is the right policy; what on Ways and Means, the first thing have learned from BILL ARCHER in a is the appropriate action, not what is they would do when they started mark- very solid and sort of relaxed way try- in it for me, this is necessary for my ing up a tax bill was to close the doors. ing to explain the intricacies. constituents. It served him well as a I can tell my colleagues that those ses- One of the things which I, as a sort of compass, but it has not always pro- sions went a lot quicker and there were historian, have been interested in is his vided a smooth road. Because often- not as many speeches made, but he background, talking about institu- times he stood in the way of someone opened that process, which I think was tional memory. Here is a fellow who wanting to get something from a per- a very good thing to do. was here when Wilbur Mills was here. sonal or a district point of view, and Also, I would like to, just from a per- Here was a fellow who was here when sometimes that individual’s discretion sonal standpoint, mention what great Russell Long was here. Those great ti- was clouded by the desire to obtain a friends that he and Sharon have been tans of finance in our government gave particular end and what that gen- to Emily and to me. In Congress we do him, obviously, a bedrock and an un- tleman was going to do to comity, to make some friends that last a lifetime, derstanding of what the whole place the Tax Code, and to policy by doing it. and our relationship with the Archer’s was about in the thrust of the Com- This institution has been well served has been a very, very special one, and mittee on Ways and Means. I think all by BILL ARCHER many, many times be- one that both Emily and I certainly of us here who are on the Committee hind closed doors when his resolute de- treasure. After hours, many, many on Ways and Means are very humble termination to do what is right has times we have gotten together for din- about this. It is an extraordinarily im- prevailed. Sometimes when one winds up being ner or have gone various places. I know portant committee. One hundred per- in the majority, and obviously I served that they have shown a keen interest cent of the revenues and 60 percent of in conservation on the continent of Af- with BILL ARCHER in the minority for the cost of the government goes almost 16 years, and I think we get to rica. One such trip, which was not a through this committee. know a person more when they are not taxpayers’ expense trip, I must say, When one is involved in these ses- able to do something, and the way in was deep back in this Congo, where it sions with BILL, one understands not which they conduct themselves when took better than a day to get back only the functional parts but also the they cannot do it, than when they are where we were going. Then we would historic parts. He has always led that in a position of authority and they are walk for miles and miles and miles way, so tremendously. able to do it. The civil manner in which through the forest. I can tell my col- The gentleman from Florida (Mr. SHAW) was talking about welfare re- BILL ARCHER presented his arguments, leagues that I believe that 70-year-old the determination, the preparation, is man can walk further than I can. He form and was rather casual about it, I once again a model that all of us can absolutely is in great shape. I can at- thought. Frankly, I think one of the remember and would be a model for all tribute that, I think, to the time that most extraordinary pieces of legisla- of us to adhere to. he spends on a tractor doing other var- tion, I will say one of the top five When he became chairman, and Re- ious other things at his farm out in pieces of legislation that I have seen publicans became the majority, he car- Virginia, which I know he and his wife since I have been here, is the welfare ried that over to the conduct on the dearly, dearly love. Her love for ani- reform. That was BILL ARCHER and the full committee. Those of us who are re- mals is something that is, I think, real- gentleman from Florida (Mr. SHAW). turning, and we have a very high level ly, really quite incredible. The gentleman from Florida is very of confidence that we will be returning But I look forward to seeing more of sort of modest about this whole thing. to a Republican majority House and BILL ARCHER. I have an idea that his I think another thing is their con- majority control of the Committee on days in government are not entirely cept, which never went anyplace, and it Ways and Means, though BILL ARCHER behind him. He has so much yet to is too bad because it is a great concept, will not be with us physically, he will offer, and I look forward to working and it may someday, is the concept of always be with us in spirit because with him in the years ahead in other the Social Security System. They had there will come a time behind closed capacities. a plan to fix it, and there would be an doors when we have a difficult choice Mr. Speaker, I yield back the balance element of pain but not as much if we to make, and the response should be, of my time. did nothing at all. He was always on and will be, well, what would BILL AR- The SPEAKER pro tempore (Mr. the forefront of things like that. CHER do. I hope that will be our guiding COOKSEY). The balance of the pending One of the great things I think about philosophy even when BILL ARCHER will hour is reallocated to the gentleman BILL ARCHER is that he was never arro- no longer be in the room. from New York (Mr. HOUGHTON). gant. Here was a man who had been in We wish him well, Mr. Speaker. We Mr. HOUGHTON. Mr. Speaker, there the minority for a long time and all of look forward to the enjoyment and the are several of us that have remarks a sudden he was thrust in the position time he will have to spend with Sharon about BILL ARCHER, and I will begin. of chairman of the Committee on Ways and the family, but that time will be I hope BILL and Sharon ARCHER are and Means. Under those circumstances, taken away from his colleagues and the watching this program, because I do after having been dying for years of not leadership he has provided us. He will not believe anybody has said so many being able to be heard then suddenly be sorely missed by those of us who nice words to him to his face. We al- being in the chairmanship, the way he served with him as individuals; he will ways say things behind people’s backs, conducted meetings, the way he was be much more sorely missed by this in- and it is easier to say things in public polite, the way he was respectful of stitution in terms of the way he con- many times than it is in private. I people’s opinions, both the people on ducted his public responsibilities. think we all have felt these things, but the committee and also those people H11418 CONGRESSIONAL RECORD — HOUSE October 27, 2000 who were testifying, is really an exam- kindness and civility, of unpretentious- dom, your unpretentiousness, your ple in statesmanship. ness in a city where egos can clash, good common sense, and your grace There is something about this man where, Mr. Speaker, if truth be told, under pressure are things that we can- that I think is important, particularly most everyone who runs for public of- not leave simply to retirement. in the stressful days that we are going fice and the euphemism of the new cen- Mr. HOUGHTON. Mr. Speaker, I yield through. He never carried too heavy a tury has a healthy dose of self-esteem. to the gentleman from Ohio (Mr. pack. In other words, he always could The gentleman from Texas (Mr. AR- NUSSLE). sort of sense the humor and the per- CHER) stands as a modest man of in- Mr. NUSSLE. Mr. Speaker, I thank spective and the importance of this credible abilities. the gentleman from New York for place and, as a result, was a great ex- The public policy side of the ledger yielding. ample to all of us. I can remember tak- demonstrates this and has been enu- Mr. Speaker, it has been said that ing a trip, all of us have taken trips merated by speakers who have pre- character can be best defined by doing with BILL ARCHER, and on those con- ceded me, including my good friend the right thing when no one is looking. gressional delegation trips many times from New York. I love that phrase. Because around here we see a person in full flower, particu- Welfare reform can be looked upon as in Washington, D.C., particularly in larly when he was with his beloved a bipartisan accomplishment driven by Congress, there are a lot of people wife, Sharon. Wonderful human beings. the chairman of the Committee on looking out there and it is easy to play The type of people that, although I do Ways and Mean, the first meaningful to the camera and it is easy to play for not live in Texas, I would like to say, tax relief in almost a decade and a half the politics and everything else and gee, I am so proud to have that person under the chairmanship of the gen- there is often very few moments in represent me. That was the type of per- tleman from Texas (Mr. ARCHER) and time when we get to be on our own or son he was. at times, even as recently as yesterday, dealing maybe one on one with a col- Mr. Speaker, I yield now to the gen- when a sense of principle motivates league. tleman from Arizona (Mr. HAYWORTH). him, there is no debate. The gentleman I have had that opportunity with our Mr. HAYWORTH. Mr. Speaker, I from Texas (Mr. ARCHER) disagreed chairman. And I have to report to my thank the gentleman from New York, with many of us yesterday and cast a colleagues that he is a man of very the chairman of the Subcommittee on vote based on his firm and unwavering high character. I have never seen him Oversight of the Committee on Ways ideals. do what I could refer to as the wrong and Means. Our other friend the gentleman from thing, infuriating as that might be at Mr. Speaker, as we come together on California (Mr. THOMAS) mentioned times. I tried to coax him into vio- this floor, not to engage in the great times ‘‘behind closed doors.’’ And while lating maybe some of his own prin- debates and the differences that oft- those phrases are used as figures of ciples, maybe some of his views, polit- times define us, but to speak with a speech, ‘‘in the dark of night,’’ ‘‘behind ical or personal views, on a couple of united voice in honor of our chairman, closed doors,’’ the fact is that we must different items. And he beat me every the gentleman from Texas (Mr. AR- sit down from time to time away from single time. But he was always fair CHER), who has decided, after three dec- the roar of the grease paint, the smell about it, even though he was tough. He ades of meritorious service, to leave of the crowd, and try to deal with pol- was always forthright, and he always our midst for private life, although I icy. have a feeling that he may be sum- gave me a heads-up. And I respect him And I do not believe I am violating moned to other duties in future days. for that. any confidences. I believe, Mr. Speak- I just come here today to say that, Mention was made earlier of BILL’s lovely bride Sharon and the menagerie er, were the chairman here today he while there are a lot of people who are of animals they keep in the Archer would freely admit to all, as he did to leaving this particular Congress, he is household. I would note with some us privately, his test for how to do this one who ranks up there as one of the pride, Mr. Speaker, that the Archer job in the people’s House, a test that ones that I will miss the most. family cat is from the Sixth Congres- may have in fact been magnified given Around here in Washington and Con- sional District of Arizona, having been the role he played as chairman of argu- gress, many people come and go it picked up there by one of the Archer ably the most powerful legislative seems. The beauty of our system is children during their time at Northern committee in the greatest Constitution that, almost like sticking your finger Arizona University. So I feel a kinship republic this world has seen. in a pool of water, as soon as it re- with the critters in the Archer house- He said quite simply it is this, I made moves, it fills in. There will be a new hold. a promise to myself that, with every chairman. There will be another rep- And from time to time being de- vote I would take, I would be able to resentative from his district in Texas. scribed as one of the more animalistic sleep at night and I would remain true But the ripples on the water that the members of the Committee on Ways to my convictions. gentleman from Texas (Mr. ARCHER) and Means when tempers flare, when So said the gentleman from Texas has left for freedom in this country the debate is joined, I must say, Mr. (Chairman ARCHER). His actions have will ripple on for a very long time. And Speaker, I look with great respect on never wavered from that simple test. for that I am grateful. I know his fam- And as recently as yesterday, at a time the unique ability of BILL ARCHER to ily is grateful. All of America should be disagree without being disagreeable. of contentiousness again, he held firm. grateful. That is a remarkable gift. Because We may not agree on every issue, but I bid him adieu. time and again when we come to this we can all agree, Mr. Speaker, that the Mr. HOUGHTON. Mr. Speaker, I yield well or when we meet in full com- actions of our chairman are indeed spe- to the gentleman from Pennsylvania mittee, there are honest disagreements cial. (Mr. ENGLISH). Many others join us to share their and policy differences passionately Mr. ENGLISH. Mr. Speaker, I thank reminiscences. I would simply say this held. the gentleman for yielding. again to reiterate. I am not at all cer- Mr. Speaker, I would like to join my b 1530 tain that our chairman is headed for colleagues in paying tribute to a man The true mark of service and leader- retirement. I think he is so valuable in whose retirement announcement was ship for our chairman, Mr. Speaker, is so many different ways that there are one of the things that I most dreaded his remarkable ability to deal in an af- those who may follow us into Govern- in this Congress. fable, evenhanded fashion with every ment service who may cast a keen eye When I came to Congress and came to Member of the Committee, with every toward his talents. But for now in this the Committee on Ways and Means in issue that may be contentious in na- role, as we prepare to conclude the 1994, the gentleman from Texas (Mr. ture, with every disagreement in such 106th Congress, we do not say farewell, ARCHER) was a beacon. We had just an agreeable fashion. It is a gift that we simply say, Mr. Chairman, we will taken control. Revolution was in the escapes many of us, truth be told. try to follow your example and we ex- air. And we were facing an enormous So the gentleman from Texas (Mr. pect to see you again in other endeav- task of moving, as the gentleman from ARCHER) the man leaves a legacy of ors of public service. Because your wis- Texas (Mr. DELAY) noted, 70 percent of October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11419 the Contract with America through our was my first meeting with the gen- York (Mr. HOUGHTON) for conducting committee and doing it right. We could tleman from Texas (Mr. ARCHER) after this special order. not have done it without leadership of I had only been in Washington a couple Mr. Speaker, I am pleased to join the character and quality of the gen- of days. I went to see the gentleman with my colleagues in paying tribute tleman from Texas (Mr. ARCHER). because he was a member of what was to a legislator who has been one of the He has been noted by other speakers then called the Committee on Commit- more remarkable and outstanding for his extraordinary civility in an in- tees, which now is called the Steering Members of this body, a gentleman stitution where that is an increasingly Committee, which makes committee whose impending departure is going to rare element. assignments. be a genuine loss to the Congress and I would like to say that the gen- I was interested in serving on two to our Nation. tleman from Texas (Mr. ARCHER) has committees, the Committee on the Ju- The gentleman from Texas (Mr. AR- always struck me for his stoicism, his diciary and the Committee on Science. CHER) first came to the House 2 years strong principle, and the fact that My first choice was the Committee on before I entered the House, initially when it comes to principle, he has been the Judiciary because it had sub- being elected from his hometown of absolutely unyielding. And yet, at the committees dealing with crime and an- Houston, Texas, in 1970. same time, Mr. Speaker, he has always other one that oversaw immigration From his earliest days as a Member been a superb legislative tactician. He policy. At the time, it was not thought of the House of Representatives, the has been courageous and articulate possible to serve on both committees gentleman from Texas (Mr. ARCHER) every time he has risen on the floor of at the same time, even though that dedicated himself to the need to reform this House. was my hope. our outdated tax codes and made it his This chamber has become kind of Well, a few days later, while the highest priority as the chairman of our hushed, because the gentleman from Committee on Committees was meet- House Committee on Ways and Means. Texas (Mr. ARCHER) always has some- ing, the gentleman from Texas (Mr. In fact, many Americans would have thing extraordinary to say and the ex- ARCHER) called me and told me that he been unaware of the injustice of the pertise to back it up. He is one of those thought that if I changed the order of marriage penalty or the death tax were Members who brings to this body true my preference from Judiciary first and it not for the research and diligence intellectual rigor. He has a profound Science second to Science first and Ju- that the gentleman put into spot- understanding of the Tax Code, and diciary second, we could ‘‘throw a long lighting these inequities. that has really been the hallmark of pass’’ and perhaps connect so that I The gentleman from Texas (Mr. AR- his term as chairman of the Committee would be on both. CHER) first sought election to the on Ways and Means. I decided to leave it up to the Texas It is notable that he opposed the 1986 House when his incumbent Congress- quarterback (Mr. ARCHER) and so put Tax Code when it passed, and with good man, a young man by the name of my committee assignments, and there reason, and every criticism that he George Bush, decided to vacate his seat is nothing more important to a new made of that Code has been proven to seek election to the Senate. Member, in his hands. A couple of true. He has consistently advocated its He is so beloved by his constituency, hours later he called back and said replacement, and perhaps this body which he represents so meritoriously, will some day have the courage to take that I had been appointed to both. It that he has never been reelected to his up his challenge and pull the current was obviously thanks to his strong arm congressional seat by less than a three- Code out by the roots. and steady aim. to-one margin. His 30 years of service Yet, he has been involved in other It is obvious to any Member of Con- to this body and to his constituents issues, as well. I became aware that he gress who has ever worked with the guaranteed that his shoes are going to was a leading advocate of raising the gentleman from Texas (Mr. ARCHER) be difficult to fill and he is certainly earnings limit for persons with disabil- that his strong arm and steady aim has going to be long-missed. However, his ities and carried that issue in a number been a characteristic he has always dis- years of service underscore that a long, of Congresses. He has consistently de- played. Whether it is giving Americans healthy, and relaxing retirement is fended the prerogatives of the House tax relief or ensuring the long-term warranted and fully earned. solvency of Social Security or revamp- Committee on Ways and Means, the b 1545 oldest committee in this body, and one ing the Internal Revenue Service, the To BILL ARCHER and to his lovely that has always risen above the par- gentleman from Texas (Mr. ARCHER) tisan zephyrs that have troubled other has as often as not completed that long wife, Sharon, to their five children and committees. pass. two stepchildren, we extend our best He has preserved the traditions of the One other characteristic needs to be wishes for a happy retirement to- Committee on Ways and Means very mentioned, and that is that he not only gether, with hopes they will often re- much in the tradition of the giants who has a strong record and steady hand, turn to visit us. have chaired that committee in this but he also plays fair and throws Mr. HOUGHTON. Mr. Speaker, I yield body, like John Randolph of Roanoke, straight with his colleague. He tells us to the gentleman from Ohio (Mr. William McKinley, and in our memory, the truth. We know we can rely on PORTMAN), another distinguished mem- Wilbur Mills. We will miss the gen- what he tells us and what he really ber of the Committee on Ways and tleman from Texas (Mr. ARCHER). His thinks about any issue or any piece of Means. shoes will be impossible to fill. legislation. His consistent record of Mr. PORTMAN. Mr. Speaker, I thank But like Nathaniel Macon in the 19th doing what is best for the American the gentleman for having this special century, he has decided that he is at a people, being straightforward in his order. stage in his life when he would like to dealings with others, and doing what You know, it is hard to imagine this move on and do something else. We re- he thinks is right are attributes that place without BILL ARCHER. He will be spect that. We wish him and Sharon anyone in public life should aspire to. very much missed; by me, by Members well. We will miss him sorely in future Mr. Speaker, the good thinking and of this Congress from both sides of the Congresses. He has been for me an in- good judgment of the gentleman from aisle, by the Committee on Ways and spiration and has been a source, I Texas (Mr. ARCHER) will be missed, but Means, arguably the most powerful think, of great institutional memory he will always remain an example of an committee in Congress, that he has and stability. ideal congressman to us all. shepherded with such skill, and by this Mr. HOUGHTON. Mr. Speaker, I yield Mr. HOUGHTON. Mr. Speaker, I yield institution, by the House, as a body. to the gentleman from Texas (Mr. to the gentleman from New York (Mr. Let us be frank here. Not all of us SMITH). GILMAN) the distinguished chairman of will leave such a void. Not all of us will Mr. SMITH of Texas. Mr. Speaker, I the Committee on International Rela- have such a remarkable legacy. thank my friend from New York for tions, my friend and associate. What is it about BILL ARCHER? He is yielding. Mr. GILMAN. Mr. Speaker, I thank a very special person. I have learned a Mr. Speaker, one of my most vivid the gentleman for yielding. Mr. Speak- lot from him. He is a principled, fierce memories as a new Member of Congress er, I thank the gentleman from New advocate of limited government, and H11420 CONGRESSIONAL RECORD — HOUSE October 27, 2000 yet no one I know has deeper respect casions when we needed it, what should rus of response, and no one, Mr. Chair- for public service. I say, Dutch uncle-ish criticism, cri- man, could have done it better. I remember once being at an event tique and so forth. But BILL ARCHER is Mr. HOUGHTON. Mr. Speaker, I yield where BILL ARCHER was asked to speak. an interesting fellow in the way that to the gentleman from Missouri (Mr. Without notes he stood up and recited he could give you the kind of critique BLUNT), the assistant majority whip. from memory Teddy Roosevelt’s great you may need at a moment, and, at the Mr. BLUNT. Mr. Speaker, I thank statement, in which he said, ‘‘The cred- same time, make you feel encouraged the gentleman for yielding to me and it belongs to the man who is actually by it. for taking the time today to honor the in the arena,’’ and BILL ARCHER feels We are all going to miss BILL. I tremendous service of Chairman AR- that in his heart. He has respect for all would like to share two observations in CHER. of us as Members of Congress, in part particular. We talk about how we re- I very well remember the first meet- because of that respect for public serv- lated to him, what he meant to us as a ing I had with him as a freshman. It is ice. colleague, fellow Members of Congress. easy for me to remember that, because He is firm, he is tough, he is also ex- I would like to reflect for a moment it was not that long ago. But he quick- ceedingly polite. Who in this chamber on what he has meant to so many of ly responded to my request to come has not been greeted at one point by the young people that have come over and talk to him about a piece of BILL ARCHER with a smile, extending through here. My observation has been the Tax Code that affected colleges and his hand saying, how are you? Even as all too many times, people come to universities. Chairman, BILL ARCHER has been very Washington a young idealist and leave I spent 4 years as a university presi- careful not to demand loyalty from an old cynic. BILL ARCHER has beaten dent. I felt very comfortable about that members of the Committee on Ways the odds on that one. He came here a part of the Tax Code. I went over and I and Means. He rarely asks anybody for young idealist, and he is leaving here found out, of course, in significant de- anything, and yet I know nobody who as a not so young idealist. tail that the Chairman knew more is more loyal than BILL ARCHER. But I think it was because of the re- about that very, very small part of the Leader DICK ARMEY reminded me re- lationship he was able to have with Tax Code than I did. But we had a great cently of a song that BILL ARCHER is young people. I have seen that in my discussion. At the end of our great dis- fond of. One day here on the floor own Chief of Staff David Hobbs, who cussion, he had not changed his mind. things were tough on an issue, I was many of us see now as a competent and He felt strongly that he saw this Tax having a difficult time as a relatively able person here, who had his begin- Code and the way it affected Americans junior Member of Congress, and BILL ning here on BILL ARCHER’s staff. A headed in a consistent direction; that ARCHER took me aside and told me Texas boy, graduate of the University was the direction toward greater sim- about a song he used to are cite to his of Texas, graduate of the Lyndon plicity, a direction toward greater fair- kids to instill in them a sense of loy- Baines Johnson School at the Univer- ness, a direction where he thought that alty and brotherly love. It is a song sity of Texas, who admired BILL AR- American families would benefit more about two combatants in the Civil War, CHER and came here and was privileged universally from the Tax Code, and one on the side of the North, one on the to come here and got his early training trying to eliminate those parts of the side of the South. One goes down on here. code that only benefitted a few, instead the Gray side of the line. The one on David was the first hire I made when of benefiting many. He has been con- the Blue side of the line says some- I came here in 1985. For all these years sistent, he has been strong. He has de- thing like, did you think I would leave I always said to David, I know you voted himself to an IRS that works you dying, when there is room on my really love BILL ARCHER more than me. better, to a Tax Code that is hopefully horse for two? He never denied it. A couple of months fairer and more easily understood. He sung that song to his boys so that ago, BILL ARCHER pointed out to me, I know as he leaves here, he leaves they would have brotherly love, but it ‘‘You know, your Chief of Staff really here understanding there is still a lot goes to what BILL ARCHER believes, loves me more than he does you.’’ I of work to be done in that regard, and which is there is nothing more impor- said, ‘‘BILL, I don’t blame him. I love there will be work for Congresses to tant than personal loyalty. you more than I do me.’’ come to be done. But he has advanced BILL ARCHER will be succeeded in So he had a big influence. I know the cause of a fairer, simpler Tax Code. Congress and in that district in Hous- there are probably thousands of stories He has been consistent in his ap- ton where he gets something like 80 of that kind of influence on young peo- proach to every Member. His door has percent of the vote, and he will be suc- ple who managed to come here and find been open, from the lowest freshman ceeded at the Committee on Ways and their youthful idealism appreciated. on the totem pole to every other mem- Means as Chairman, but nobody will So, Mr. HOUGHTON, if I could end with ber in this conference. He would take replace BILL ARCHER. We are going to this observation, it is an observation I time to explain to you his point of miss him, the Committee on Ways and made last Thursday with the Texas del- view, even though on your point of Means will miss him, and this institu- egation at lunch. We had a great privi- view, by others, it could have easily tion will miss him. lege to be in the majority. For many of been argued quickly, well, you have Mr. HOUGHTON. Mr. Speaker, I yield us we felt it was something of a mir- only been here for a short period of to the gentleman from Texas (Mr. acle in 1994 when we won the majority. time, or you do not understand the last ARMEY), distinguished Majority Lead- We have had an opportunity to do generation and how this debate has er. things that many of us never thought gone on. But in fact Chairman ARCHER Mr. ARMEY. Mr. Speaker, I thank possible. was always willing to take time to ex- the gentleman from New York for But when I look on the reflection of plain that debate, explain how we got yielding. Let me thank the gentleman it, there is nothing that I have experi- to where we were, and his vision for from New York for taking this time. enced in the majority in the United where we yet could go. Every now and then I think in our States House of Representatives that I am hopeful that his service to lives we ought to take time. We ought has warmed my heart more nor given America is nowhere near over. His leg- to just pause and reflect about the me greater reason for optimism about acy in this Congress will last for a long good people we are privileged to know, this great land than seeing my friend time, Mr. Speaker, but I think he has the good people with whom we are priv- BILL ARCHER be Chairman of the Com- so much more to offer. I hope to see ileged to work. mittee on Ways and Means. I believe it him willing to do that, and to continue In my life, in all the years, either in was the only job he ever wanted in this to make the kind of significant con- academics or here, never has there Congress, and, believe me, BILL, few tributions that he has made for a gen- been more such a fine person I have people will ever be able to say with eration now in this Congress. been privileged to know and with greater accuracy and conviction, I got He has stuck with his commitment whom to work than BILL ARCHER. He to do the only job I ever wanted in Con- that this would be the time when he has been, for all of us, a source of en- gress, and I did it to the best of my should leave the Congress, a mark that couragement, of optimism. On some oc- ability, and have people say, in a cho- he set half a dozen years ago; that he October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11421 has decided to, absolutely, as he has BILL ARCHER has been a forceful and effec- main hopeful that it will, this august done in every other instance, keep his tive Chairman of the Ways and Means Com- body is going to lose one of its most commitments. mittee through some of its most difficult years. productive and innovative Members, This is the committed time in his These are partisan times, and, sadly, this par- WILLIAM L. CLAY, Sr. mind to leave the Congress. I hope it is tisanship has infected the work of the Com- BILL CLAY became a Member of this not a committed time in his mind to mittee all too often. Through it all, BILL has body in 1969, over 30 years ago. He not be available to further service to kept to his principles, and kept his sense of came here as a young man, by his own Americans, because he has a lot of humor. admission, filled with a bit of anger. service, a lot of wisdom, a lot of his- BILL ARCHER knows as well as anyone in BILL CLAY had grown up in a system tory, a lot of heritage yet to share. the United States what is wrong with our tax that gave very little respect to his I thank the gentleman for yielding to system. And he sees all-too-well the unfortu- skills, to his dreams, to his aspirations, me, and for taking the time today to nate trends of recent years, such as the in- and he had fought as a young man in recognize the great work and commit- creasing use of tax credits and the use of the order to make sure that opportunities ment of Chairman BILL ARCHER from tax system as an alternative to spending. He would be open for people such as him. Texas. has fought valiantly to resist these trends So, when he got here, he was filled with Mr. HOUGHTON. Mr. Speaker, I just while building a fire for fundamental tax re- all kinds of anxieties. have a few brief words at the end. I form. To get a good feel for who and what think our side is done. I think we have Unfortunately, BILL's legacy will not be the BILL CLAY is, one should read his book, expressed our feelings. But I would just enactment of fundamental tax reform. But it Just Permanent Interests. I have on like to say one more thing. will be the laying of the groundwork for the re- occasion read various parts of that WILLIAM ARCHER’s example, not what book. In fact, I have a choice of the he has done, because what he has done forms to come. And they will come. Each of us three or four copies that people have is very significant, his example is one must stand on the shoulders of those who pre- made gifts to me of, and I keep one of of the finest I have ever seen, and he ceded us. The Ways and Means Committee, them in each one of my places of abode, represents the greatest, I think, the and tax policy generally, will be standing on one here in Washington and one at greatest characteristic that this coun- firm and principled ground years from now try has to offer. thanks to BILL's leadership. home in the district. And every now Mr. REGULA. Mr. Speaker, the legacy of To quote Winston Churchill speaking of Lord and then as we encounter various things here on this floor and in our po- BILL ARCHER is a gift of responsible govern- Halifax: ment to the American people in a great diver- The fortunes of mankind in its tremendous litical interactions, I go to a part of sity of actions. journeys are principally decided for good or that book in order to get a sense of Many times I have heard the cry for a na- ill—but mainly for good, for the path is up- some of the history that BILL CLAY has tional industrial policy. In truth, the tax code is ward—by its greatest men and its greatest been a part of and some of the emo- episodes. the nation's industrial policy. BILL's ``steady as tions that he experienced when he first you go'' leadership has made our code far BILL ARCHER has participated in, and in arrived here. better than it would have been without his some cases presided over, some of the Ways b 1600 strong role of participation. and Means Committee's greatest episodes. By Mr. Speaker, I have been able to I did smile when PHIL ENGLISH mentioned virtue of his unbending adherence to principle President McKinley, who represented my and fairness in the most tempestuous of learn a lot from his experiences. And so home county of Stark as a congressman, as times, he is also, in my opinion, one of its when I arrived here, I sat with him, and we exchanged some of our great one of BILL's distinguished predecessors as greatest men. chairman of Ways and Means. McKinley was f love of history. I am going to miss that when he leaves after next month. a dedicated protectionist, however, in his last FURTHER MESSAGE FROM THE speech in Buffalo, he repudiated this policy. I Mr. Speaker, a lot of us will miss his SENATE wit and his wisdom. He is full of both; think BILL would have liked the reformed McKinley rather than the congressional McKin- A further message from the Senate but for the wit, sometimes we would ley. by Mr. Lundregan, one of its clerks, an- not have a good appreciation for the The people of this nation are in your debt nounced that the Senate has passed wisdom. So I want to say to BILL CLAY for dedicated service for them. without amendment a joint resolution and others who are joining me today My best to you BILL and Sharon for good of the House of the following title: how much we appreciate him, not just health and many fruitful years of happiness. H.J. Res. 117. Joint resolution making fur- as a Member of the Congress, but his Mr. CRANE. Mr. Speaker, it is quite pos- ther continuing appropriations for the fiscal personal friendship and interaction. sible I have known BILL ARCHER longer than year 2001, and for other purposes. I suspect that I have had dinner with anyone in this Chamber. We met for the first f him more often than he would like. time 30 years ago at a Lincoln Day festival. And, of course, I do not know, but I GENERAL LEAVE BILL was serving in the Texas State legislature think he has enjoyed every one of at the time. I was told by mutual acquaint- Mr. CLYBURN. Mr. Speaker, I ask them, because I have yet to be success- ances that BILL was a strong conservative of unanimous consent that all Members ful in getting him to pick up a tab for unwavering principles, and that he would soon may have 5 legislative days within any of those dinners. be elected to Congress. They were right on which to revise and extend their re- BILL CLAY has been a great guy. He both counts. marks on the subject of the special has been a mentor to so many of us, In fact, the only time I have known of BILL order to follow. and I consider it really a high part of wavering occurred about three years before The SPEAKER pro tempore (Mr. my being here to be able to say to my we first met. BILL found it necessary to correct COOKSEY). Is there objection to the re- children and grandchildren that I a mistake he had grown up with. He switched quest of the gentleman from South served here in this body for 8 years from the Democratic to Republican parties. Carolina? with him, and that we became fast I have had the great honor and pleasure to There was no objection. friends, and that because of that sit next to BILL for 25 years now on the Ways f friendship and because of that service and Means Committee. We have fought many together, I am a better person today fights together. We saw the power of the TRIBUTE TO THE HONORABLE than I was when I got here. I thank Committee exercised first-hand under Wilbur WILLIAM L. CLAY, SR. him for it. Mills. We experienced the curious mix of Chi- The SPEAKER pro tempore. Under I want to say to you, BILL, thank you cago-style politics applied to national policy the Speaker’s announced policy of Jan- for all that you have meant to me per- under Danny Rostenkowski. We celebrated uary 6, 1999, the gentleman from South sonally. Thank you for what you meant the 1981 tax cut together, the effects of which Carolina (Mr. CLYBURN) is recognized to my family. Thank you for what you are still being felt in today's prosperity. And we for 60 minutes as the designee of the have meant to those of us who have suffered through the lost opportunities of the minority leader. had the honor of serving with you. 1986 Tax Reform Act and the disastrous 1990 Mr. CLYBURN. Mr. Speaker, when Mr. Speaker, for the purposes of con- and 1993 tax increases. this body ends this session, and I re- trolling the remainder of the time for H11422 CONGRESSIONAL RECORD — HOUSE October 27, 2000 this special order, I yield to the gentle- wherever he has gone, whatever he has getting people to confront what was woman from the Virgin Islands (Mrs. done, whomever he has confronted, he happening. He was elected to the Con- CHRISTENSEN). has left a legacy. He has given a gift. gress of the United States in January f He is giving of himself. He has made an of 1969. And, of course, this place has impact. never been the same, because he came TRIBUTE TO THE HONORABLE He leaves us now, not to quit, but to here with a mission, and he came here WILLIAM L. CLAY, SR. fight another fight, to write another at a time when there were other young The SPEAKER pro tempore. Under book, to write another chapter, to run blacks elected to Congress who were the Speaker’s announced policy of Jan- another race of life. determined they were going to bring uary 6, 1999, the gentlewoman from the WILLIAM ‘‘BILL’’ CLAY, we will miss about some change. Virgin Islands (Mrs. CHRISTENSEN) will you. I have been rewarded, fortunate, He came in with Shirley Chisholm control the time for the minority. favored, grace, privileged, inspired, in- and Lou Stokes. He and Lou Stokes be- Mrs. CHRISTENSEN. Mr. Speaker, I vigorated, sometimes frustrated, but came the best of friends. It is some- thank the gentleman from South Caro- forever richly empowered to have thing wonderful about watching men lina (Mr. CLYBURN) for yielding. served with you, and most of all, to who really do become friends, who re- Mr. Speaker, there are many Mem- call you my friend. spect each other, whose families be- bers who are gathering here this after- I will dearly miss you. Congress in- come so very close that they take their noon to pay tribute to Congressman deed will miss you. The United States vacations together. Young men who CLAY. is honored to have had you to serve us love each other, young men whose fam- Mr. Speaker, first, I yield to the gen- so graciously. ilies began to live a life of commit- Mrs. CHRISTENSEN. Mr. Speaker, I tlewoman from North Carolina (Mrs. ment, with the wives and the children thank the gentlewoman from North CLAYTON). getting to know each other. I really Mrs. CLAYTON. Mr. Speaker, I Carolina (Mrs. CLAYTON). Mr. Speaker, I yield to the gentle- have respect for those kinds of rela- thank the gentlewoman for yielding. tionships. Mr. Speaker, next year this Congress woman from California (Ms. WATERS). Ms. WATERS. Mr. Speaker, I rise to What has he done here in Congress? will be without the wit, the wisdom, in- join with my colleagues in paying trib- He has been one of the strongest legis- sight, genius of one who has become a ute to Congressman BILL CLAY. lators that ever came to this place, not fixture and a fact of life. That loss is Congressman BILL CLAY is more than only has he gotten his bill signed into irreplaceable. In the next Congress, we a friend. As a matter of fact, we are law. He has sponsored successfully over will be without my friend, our col- kind of relatives. We are relatives by 295 pieces of legislation. league, Congressman WILLIAM ‘‘BILL’’ marriage. My nephew is his cousin. I There are people who come here who LAY C . feel very close to Congressman CLAY, never sponsor a piece of legislation. Throughout his career, BILL has been not only because we share family mem- There are people who come here who do a trailblazer, a pathfinder, a pace- bers, but because Congressman CLAY not even get an amendment to a bill. setter, an innovator, a leader. represents the kind of elected official There are people who come here and go Whether leading the fight to raise that I have always wanted to be. home and talk about all that they have wages to a fair level, pushing through Congressman CLAY has had a bril- done, really describing other people’s historical funding for college grants for liant career. He started out as a young work. So to get 295 pieces of legislation disadvantaged students, taking on the man with a mission, a young man who signed into law is a tremendous accom- fight to reduce class sizes, finding a decided to run for office, because he plishment. He served with distinction. way for federal employees to enjoy wanted to create change, not someone I talked about his brilliant career. greater participation in the political who wanted to run for office because But let me just outline for you or men- process, initiating efforts to require they thought it was an upward mobil- tion to you some of the things that he employers to afford time for families, ity opportunity or it was a way to get has done. or reforming pension laws, BILL has a title, but it was a young man who As a matter of fact, he has had the stood firmly with workers, children, had a mission and put his life on the opportunity not only to serve on the students, families and senior citizens. line for his mission. committees where he was able to do He has been both the first and the I think I really did begin to under- some of this tremendous work, he is last line of defense for the voiceless stand who he is when I learned about one of the few persons who has chaired and voteless. More than a legislator, the work that he did in my hometown at least two of the committees that I however, BILL is a noted author, a and his hometown, St. Louis, Missouri, am going to talk a little bit about. walking history book, a student, a when he challenged the establishment. For 23 years, the Congressman served teacher of science, a policymaker. But As a young man, as a young turk, he on the Postal Office and Civil Service more than anything else, Mr. Speaker, said that he could not be comfortable Committee, chairing it from 1990 he cares. with the fact that African Americans, through 1994. Let me tell you, if you He is passionate when he speaks, be- Negros would not, could not be hired in speak to any postal workers in Amer- cause he is compassionate in his heart. St. Louis by any of the major corpora- ica, they know who BILL CLAY is, be- This son of the Midwest has lived his tions. cause he fought some tremendous bat- life in sacrifice that millions could live He organized, he worked with other tles for them. He stood up for postal their lives in pride. young turks and they confronted the workers. He made sure that the work He has manifested what his home establishment. He went to jail for what that he did would help to make work- State of Missouri symbolizes, ‘‘don’t he believed in, because he decided to ing conditions better for them, would tell me, show me.’’ take on one of the most powerful banks help to deal with creating possibilities A dedicated husband, a loving father, in St. Louis who resisted the efforts of for upward mobility for them. So the he has helped to build this institution, these young people who said why are postal system in America is better off the Congress of the United States. you not hiring qualified Negros to fill because BILL CLAY served. His deeds have made a difference in these positions. From 1989 to 1994, he served as chair- many lives. Mr. Speaker, over time, He went to jail for what he believed man of the House Administration Sub- many will come and many more will in. He literally did the kind of studying committee on Libraries and Memo- go, but few, very few, will leave the im- and assessment of the situation in St. rials. print that BILL CLAY leaves, having Louis and helped to develop a docu- He was among 3 Members of the given three decades of his life in serv- ment called the Anatomy of an Eco- House assigned to recount ballots in ice to others. nomic Murder. It is a report by CLAY the 1984 congressional election in Indi- At times, he has been a single voice, that detailed the pitifully small num- ana’s 8th District. a lone agent for change. He has dared ber of blacks working for the city’s big Again, he sponsored over 295 bills, to be a Daniel. Most of the time, how- employers. but let me just tell you about some of ever, he is, indeed, a coalition builder. They were successful after a lot of the most important of them. In 1996, He is comfortable in either role. But hard work, a lot of organizing, a lot of Congressman CLAY was instrumental in October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11423 forcing a minimum wage increase ent, all of that has helped him to be- rights with regard to that institution through Congress, despite the adamant come one of the most respected Mem- and other institutions like it in St. opposition of some of our friends from bers of Congress that ever served. I will Louis. the other side of the aisle. But he has miss him and I hope that I will be able But never did his civil disobedience been a tremendous force dealing with to call him and ask for his assistance keep him from being involved in the historically black colleges and univer- and get his wisdom for things that I political process. If he could get it done sities, Federal student grant and loan will attempt to do. in the political process, he got it done programs, class size reduction, the Carl Mr. Speaker, I say, ‘‘Thank you, BILL in the political process. And to this D. Perkins Vocational and Technical CLAY, for the service that you have day, he obviously has been involved in Education Act, Individuals with Dis- given.’’ politics in the truest sense of the word. abilities Education Act. Mrs. CHRISTENSEN. Mr. Speaker, I He has raised a wonderful family and He has done all of these things. And thank the gentlewoman from Cali- his children, to his everlasting credit, he can take credit for the Hatch Act fornia (Ms. WATERS) for those com- are also involved in politics. And, in Reform Law that was passed. In addi- ments. fact, we know his son is now running tion to that, he can take a lot of credit Next, I would like to yield to our dis- for the seat that BILL is leaving and re- for the Family Medical Leave Act that tinguished leader from Congressman tiring from, and I believe and hope that was adopted by the Congress of the CLAY’S home State, the gentleman he will be elected. But, again, he is in United States of America. from Missouri (Mr. GEPHARDT). public service like his father was in b 1615 Mr. GEPHARDT. Mr. Speaker, I public service, his daughter has been thank the gentlewoman for yielding to involved in politics. The whole family There are very few who will be able me for the purpose of talking about is focused on political life and how we to match this brilliant career. I think Congressman BILL CLAY on the occa- can improve our country, how we can he has left a mark on this House, not sion of his retirement from the Con- improve our community. only because of his tremendous legisla- gress. BILL CLAY never stops fighting for tion, but because he is a friendly per- Let me first say that I have known what he believes in. He is the dean of son who gets along with people. He BILL CLAY for over 25 years. We both our delegation. We will miss him in makes us laugh even when we are mad served on the St. Louis Board of Alder- every sense. He is tenacious. He never at him. I have tried to stay mad with men many years ago. We both come, gives up a cause. He has a wonderful Congressman CLAY, but I cannot be- obviously, from the same city and real- sense of humor. He always makes fun cause he will walk up to me and tell me ly in a way grew up together in the the funniest joke and get me laughing of himself and makes fun of the funny City of St. Louis and have had many of in ways that I never thought I would things in politics that we all laugh do. the same experiences in our time in about. He is a brilliant writer and author politics. In 32 years of service, no one fought who is, I think, perhaps one of the best I clearly remember when I first got harder for labor rights, for human historians this House has ever known. elected to Congress, BILL CLAY invited rights, for education, and as I said, for If we want to know what happened in a me to lunch and we sat and talked his constituents. He was first elected in particular year that he served here, about what it was like and what it 1968. In his groundbreaking book, Just just walk up to him and ask him about meant to be in the Congress. He has Permanent Interests: Black Americans an issue, about legislation, about some- been a mentor to me and has helped me in Congress 1870 to 1991, he wrote that thing that took place on this floor. He in everything that I have done in pub- the congressional election that year can recount chapter and verse and in lic life. ‘‘. . . reflected the changing fortune of detail what took place. He is one of the finest human beings blacks in American politics.’’ With his He is a prolific reader and a prolific that I have ever met. He is a leader in classmates, Shirley Chisholm and writer. He is one of the original found- every sense of the word on a whole Louis Stokes, he came ‘‘. . . to Wash- ers of the Congressional Black Caucus. range of issues that go from civil ington determined to seize the mo- I am able to serve in this House and rights, which he has been deeply and ment, to fight for justice, to raise work with a Congressional Black Cau- intimately involved in through his en- issues that had been too long ignored cus because of the work of BILL CLAY. tire career, through education, through and too little debated.’’ And he did all He is a pioneer. He opened doors. He health care, through labor and human of it. helped a lot of other people to dream rights and every other issue that is of Mr. Speaker, he was and remains a that they could come here and do what importance to the people in his dis- passionate and forceful voice for the he has done. trict. people in his district, for equal treat- He is an icon in the city of my birth. Perhaps most importantly he has al- ment of all Americans, regardless of I am proud of him. His family is proud ways stayed deeply connected to the race, regardless of ethnicity. of him. The City of St. Louis is proud people who elected him. Never was In representing the hopes and aspira- of him. We all know that because BILL there a time when he did not go home tions of the people of his district, he CLAY pioneered the efforts of African regularly, meet with his constituents, built an institution within this institu- Americans to serve in this body, that a solve problems in the community, help tion that has stood for equal represen- lot of changes have taken place and the people with community issues, and try tation and opportunity. He was a cause of African Americans, and others to be an advocate for all of the people founding member of the Congressional who were denied, who were that he represented. Black Caucus, which we are all so marginalized, have been advanced be- He was also one who believed in poli- proud of today. He created one of the cause he served here. I am going to tics. He is a politician in the truest leading voices for African Americans in miss him. sense of the word. And I admire that, I the Nation and an influential force in They do not make BILL CLAYS any- think, most in him, because he realized the House of Representatives. more. There are people who come here that to make change in our world, we I might add that if the majority who know nothing about the history have to be involved in political life. changes in this institution in a few and the struggles of our people. There For most of his career in the Con- days, for the first time in the history are people who come to serve here not gress and in the Board of Aldermen, he of this institution, the chair of the intending to make anybody angry, not was also a committeeman in the City Committee on Ways and Means will be intending to give up any perks, not in- of St. Louis political operation. He be- an African American, the chair of the tending to cause any trouble or make lieves in political action. He also be- Committee on the Judiciary will be an any waves. BILL CLAY made some lieved in civil disobedience when polit- African American. And I dare say if he waves. He caused some troubles, but he ical action could not get the job done. had decided to stay, the chair of the was one of the finest debaters that ever I remember one of the first times I Committee on Education and the graced this floor. learned about him, he was engaged in, Workforce would have been an African A combination of everything that he I think, a sit-in at a prominent bank in American. But none of that could have has done, his debate, his work, his tal- St. Louis in order to get proper civil happened if BILL CLAY had not helped H11424 CONGRESSIONAL RECORD — HOUSE October 27, 2000 form the Congressional Black Caucus He is a man of such distinction. I am congressional delegation. He is the Minority and helped people of minority status so pleased that he, along with a few Ranking member of the House Education and run for the Congress and become Mem- members of the Congressional Black the Workforce Committee where he has bers of the Congress. And we would not Caucus, formed such a caucus. Other- served as a tireless advocate for America's have as many African Americans and wise, we would not be here together in children. Hispanic Americans and Asian Ameri- unanimity trying to work on behalf of As a native of St. Louis, WILLIAM L. CLAY cans in the Congress if he had not the constituents we serve in our dis- was elected to the House of Representatives fought those fights many, many years tricts. in 1968. And since that moment, Congress- ago. This man of honor is the most effec- man CLAY has developed and promoted a leg- He has also been on the side of work- tive and hard-working colleague in the islative agenda focused on ``workers' rights.'' ing men and women. He was a leader on House. He is from Missouri and he is He was a key sponsor of the Family and Med- the minimum wage, protecting worker from that ‘‘show me’’ State, so we have ical Leave Act, H.R. 1, which was the first bill rights, getting safety in the workplace. had to show him our interest and our signed into law by President Clinton. For near- He authored most of the legislation for determination and our true grit on ly two decades, Congressman CLAY worked working people over the last 32 years. educating the children of this country. on the Hatch Act reform which was one of his He was a labor supporter who gave no He has served tirelessly and been a labors of love and was signed into law Octo- ground to those who attacked the right strong advocate for America’s children. ber 1993, by President Clinton. to organize, who attacked worker pro- This is why we have to show him, and Congressman CLAY serves on many boards, tections and the right to earn a decent continue to have to show him, where one of which is the board of the W.E.B. living. Working families in this coun- our hearts are in terms of educating DuBois Foundation and the Jamestown Slave try, labor union members have never our children. We have heard from other Museum. He has served on the boards of had a better friend and they will never speakers before that he has been in the Benedict and Tougaloo colleges. He is the have a better friend in this Congress forefront fighting for workers’ rights founder of the William L. Clay Scholarship than BILL CLAY. and was the key sponsor of the Family Fund, a nonprofit, tax-exempt scholarship pro- He was deeply committed to making and Medical Leave Act, which was the gram which presently enrolls fifty-six students sure that every child in this society first bill signed into law by President in twenty-one different schools. should be able to realize their full po- Clinton. Mr. CLAY holds a Bachelor of Science de- tential. He was the leading supporter of For nearly two decades, Congressman gree in history and political science from St. historically black colleges, the beacons Louis University and is the recipient of numer- CLAY fought hard and tirelessly for the of advancement and achievement for Hatch Act which is one of his labors of ous honorary degrees for his achievements as a legislator. The Congressman is author of African American young people. He love and one of the really sterling two books: To Kill or Not to Kill, published in helped craft the Family and Medical pieces of legislation that was passed Leave law that has helped so many 1990, which deals with the savagery of capital out on this floor and signed October, families today. He challenged every punishment, and Just Permanent Interests, 1993, by President Clinton. Member of this institution to live up to published in September 1992, which chron- the ideas of equality and justice and b 1630 icles the history of Black Members of Con- enshrine those ideas into our laws. The gentleman from Missouri (Mr. gress. We are going to miss BILL CLAY. I CLAY) knew that he left his paw print Congressman CLAY will be solely missed by asked him before I came down here and his mark on us, and so he then myself, his Congressional Black Caucus col- whether he had decided what he was thought that he would get his son to leagues and all of us here in Congress. But going to do next year and he said, come and follow in his footsteps, a we know he will continue to provide leader- ‘‘Well, I have not even thought about young man of distinction. I hope that ship, dedication and compassion for America's it.’’ I am sure he has not. But I am con- we do have the pleasure of continuing workers and for education and our children for vinced that his service for the people of with a Clay Member. years to come. Mrs. CHRISTENSEN. Mr. Speaker, I this country does not end with his He serves on many boards. One is the yield to the gentlewoman from Texas leaving the Congress. He will continue W.E.B. DuBois Foundation and the to fight in other capacities for the peo- (Ms. EDDIE BERNICE JOHNSON). Jamestown Slave Museum. He also Ms. EDDIE BERNICE JOHNSON of ple of this country. serves on boards for furthering edu- This is a great leader. This is a he- Texas. Mr. Speaker, I rise to pay trib- cation to our children, such as Bene- roic leader that we will miss in this in- ute to a genuine American hero, a tire- dict and Tougaloo colleges. stitution. But I am only assured that less fighter for inclusion in one of the He is the founder of the William L. knowing him, he will not stop the Nation’s most influential and prolific Clay Scholarship Fund, a nonprofit or- fight. He will be out on the field every legislators in the history, my friend, ganization that will continue to give day that he is on this earth fighting for the gentleman from Missouri (Mr. scholarships to young African-Amer- children, fighting for civil rights, fight- CLAY). ican students and other students who ing for human rights, fighting for this The gentleman from Missouri (Mr. are aspiring to higher education. democracy. CLAY) was a hero for justice before he Finally, let me say that America is a Yes, the gentleman from Missouri came to Congress, and the gentleman’s better, more just, more civilly equal (Mr. CLAY) will be missed in this body. record in Congress is nothing short of society today because of the work and He is the recipient of numerous amazing. Virtually every piece of legis- the commitment and the passion and achievements, degrees, and awards. He lation he touches has a direct and deci- the leadership of BILL CLAY. We cannot is the author of many books, as we sive impact on all Americans. say more about any of us who have have been told, but one that really For his entire career, the gentleman ever served in this institution. gives us a perspective of the history of from Missouri (Mr. CLAY) has been one Mr. Speaker, I say to the gentleman, the Congressional Black Caucus and of the Nation’s preeminent fighters for ‘‘Thank you, BILL. God bless, you. God black Members of Congress. families and for students. His impact bless your family.’’ The gentleman from Missouri (Mr. has been universally felt, whether Mrs. CHRISTENSEN. Mr. Speaker, I CLAY) will be sorely missed. I know I through his critical support for the next yield to the gentlewoman from have not known him for 20-some years, Family and Medical Leave Act, or his California (Ms. MILLENDER-MCDONALD). but I tell my colleagues, the way he work as Ranking Member of the Com- Ms. MILLENDER-MCDONALD. Mr. has whipped us around here to make mittee on Education and the Work- Speaker, I thank the gentlewoman for sure that we will take care of the edu- force. yielding me this time. cation for the children of this country, For decades, the gentleman from Mr. Speaker, I stand with my friends it seems like I have known him for 22 Missouri (Mr. CLAY) has fought to give and colleagues of the Congressional years. Godspeed to him, a great man. every American an opportunity to suc- Black Caucus and there are three Mr. Speaker, I rise tonight to honor one of ceed. As the gentleman from Missouri words that I think kind of epitomizes our most effective, hard working colleagues in (Mr. CLAY) retires after a BILL CLAY. Those are: Determination, the House. Congressman WILLIAM CLAY is the groundbreaking career, the Congres- dedication, and distinguished. distinguished senior member of the Missouri sional Black Caucus salutes one of its October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11425 founders and most extraordinary work- To serve in this Chamber for over 30 all of America, not just the community ers. years displays supreme, supreme dedi- that elected him. They elected him, Through the work of this congress- cation. Yes, he is known by many as a and he earned the right to come to man and his wife Carol, the Congres- great historian about Congress, but I Congress because he was a vigorous and sional Black Caucus and the Congres- will always remember him in the way exciting campaigner, a tough cam- sional Black Caucus Foundation have in which he led his side of the aisle in paigner. That is what we have seen him become two of the most important or- the Committee on Education and the here as a Congressman, a man with a ganizations in America. Thanks in part Workforce where I learned to respect great deal of compassion, a great deal to the gentleman from Missouri (Mr. this gentleman. of commitment, and a man of integ- CLAY), the impact of African-Ameri- For 32 years, the gentleman from rity. cans in Congress has been enhanced ex- Missouri (Mr. CLAY) has been a power- We owe the gentleman from Missouri ponentially. Thanks to Mrs. Clay and ful force on matters involving labor (Mr. CLAY) our gratitude for accepting her work with the Congressional Black and civil service employees. This was the challenge as he did and for fighting Caucus Foundation, the number of Af- best evidenced when he led the fight for the good fight. God bless the gen- rican Americans serving at all levels of the Family and Medical Leave Act, the tleman from Missouri (Mr. CLAY) and government has been positively im- first bill signed by President Bill Clin- God bless his family. pacted forever. ton. Working families have benefited Mrs. CHRISTENSEN. Mr. Speaker, I The gentleman from Missouri (Mr. greatly because of his excellent work yield to the gentlewoman from the Dis- CLAY) practices what he preaches. The in the U.S. Congress. trict of Columbia (Ms. NORTON). scholarship fund that bears his name The gentleman from Missouri (Mr. Ms. NORTON. Mr. Speaker, I thank has awarded more than $1.5 million in CLAY) was also remembered and will al- the gentlewoman from the Virgin Is- scholarships to minority students. ways be remembered as a successful na- lands for yielding to me for a few min- Right now, 58 students are in college as tional leader in our fight to defeat a utes of remarks about the gentleman a direct result of his efforts. very unfair version of the Elementary from Missouri (Mr. CLAY), our good He is an author and a scholar. His and Secondary Education Act proposed friend. three published books have held Amer- by the House Republicans this 106th What a career: Labor leader, civil ica’s feet to the fire and forced this session. I will always remember how he rights leader, author, Member of Con- country to examine the treatment of pointed out the weaknesses in the work gress, founder of the Congressional minority issues in the highest levels of that they were doing and the amend- Black Caucus. power. ments that they were able to pass be- However, no bio of the gentleman A bold innovator, the gentleman cause they had the majority. from Missouri (Mr. CLAY) is likely to from Missouri (Mr. CLAY) has consist- I will always remember how the gen- contain one of his best qualities and ently used his stature to help the less tleman from Missouri pointed out the one that will be especially missed in fortunate, to make America stronger, need for improving ESEA so that it this body, and that is his wit, one of and to raise the standard of living for would reach those children from fami- the sterling and best wits ever to hit everyone in the Nation. Mr. Speaker, I am proud to call the lies of low income who, in many cases, the floor of the House. I know about are not being served properly, who what happens when it hits the floor. gentleman from Missouri (Mr. CLAY) One day, when people were coming to my friend. He has been there to support have to attend classrooms with leaky me and countless other Members of roofs and bad lighting and all of the vote on the D.C. Appropriation, the Congress during both good times and things that we would never want our gentleman from Missouri (Mr. CLAY) during some of the most challenging children to have to go to school in. greeted people as they were going out, moments. I will always remember the way in most of the Democrats having voted During this election season, when which the gentleman from Missouri automatically for D.C., and said ‘‘You every candidate espouses his or her pointed out the weaknesses of this just voted for D.C. statehood.’’ Even ability to lead, our youth should look ESEA program, not only for the minor- among the Democrats, there were some to the gentleman from Missouri (Mr. ity children for whom he has always people who lost the blood in their face. CLAY) as a model of integrity, team- fought so hard, but for all American That is the gentleman from Missouri work, and leadership. The Congress children. (Mr. CLAY) for us. A man who somehow loses a true treasure with his retire- I say that many of the things that we knew how to be serious and knew how ment. But America can be thankful have heard this morning and this after- to make fun. I tell my colleagues, in a that we felt his influence on our lives noon, as the gentleman from Missouri body like this, we need that kind of during his remarkable life of service. (Mr. CLAY) prepares to retire, is very Member. We know that we are not where we true. But, especially, I learned that he The gentleman from Missouri (Mr. want to be, we know that we are not had been one of the handful of Con- CLAY) is a Member who has always had where we need to be, but we do know gressmen who founded the Black Cau- the ability to laugh at himself, make we are a long ways from where we were cus. I know that he saw that handful of us laugh at ourselves, and, yes, make when the gentleman from Missouri Congressmen grow into a very power- himself laugh at himself. (Mr. CLAY) came. ful, large group of over 40 United My greatest regret that he is going is Mrs. CHRISTENSEN. Mr. Speaker, I States Representatives, better known that he is going before his virtual inev- yield to the gentleman from Texas (Mr. as the Black Caucus. itable chairmanship of the House Com- HINOJOSA). When I came to this Congress, the mittee on Education and the Work- Mr. HINOJOSA. Mr. Speaker, I, too, gentleman from Missouri (Mr. CLAY) force, a chairmanship that would have am here today to honor and pay tribute taught me the importance of building been mighty well earned. I guess one to the gentleman from Missouri (Mr. coalitions if I wanted to pass legisla- has to understand the special quality CLAY), the Committee on Education tion in this United States Congress. It of the gentleman from Missouri (Mr. and the Workforce ranking member, as did not take me long to see a kaleido- CLAY) to understand how a man can he prepares to retire from Congress. scope of possibilities of what could be walk away when that may be so very In the two terms I have served with done when we joined the Black Caucus close. Indeed, I believe it is so very him on the Committee on Education with a Hispanic Caucus and the Wom- close. and the Workforce, he has proven him- en’s Caucus and the Native American If one had had the kind of career that self to be a national leader on civil Caucus and all those who have come the gentleman from Missouri (Mr. rights and human rights, a leader who together to be able to make the CLAY) has had, one does not have to truly cares about the people of his Dis- changes that are making life so much hang around waiting for more. To be trict and this country. better in our United States, improving sure, there is a lot the gentleman from He has been a fighter for access to the quality of life of all Americans. Missouri could have done as chair, education for kids and access for post- The gentleman from Missouri (Mr. given what he has already done. secondary education for all Americans, CLAY) is a man who has made a dif- But the fact is that his roster of ac- especially women and minorities. ference for the people of St. Louis and complishments would make anything H11426 CONGRESSIONAL RECORD — HOUSE October 27, 2000 he did as chair of a full committee Mr. DAVIS of Illinois. Mr. Speaker, I not only these chambers but yours has icing on the cake: his work on notice thank my colleague and the gentle- been the earth and all that is in it. for plant closings, if we can remember woman from the Virgin Islands for And, yes, your father would say you when those plants were closing precipi- yielding to me. have been a man, my son.’’ tously all around the country; of I have sat and listened and been Good luck and best wishes. course his work that has been cited in thrilled and delighted and smiled hear- Mrs. CHRISTENSEN. Mr. Speaker, I the Family Medical and Leave Act; the ing all of the accolades that have been yield to the gentleman from Illinois way he has blocked repeal of measures bestowed upon BILL CLAY as he pre- (Mr. RUSH). for affirmative action; his work on pares to retire, and I agree with every- Mr. RUSH. Mr. Speaker, I thank the Hatch Act reform, his work on IRS re- thing that I have heard. It occurred to gentlewoman for yielding me this time. form. This is all very serious legisla- me as I listened, though, that I knew It is with great humility and admira- tion that I stand before this body today tion. BILL CLAY perhaps better than I did What is important to remember any Member of Congress, other than for perhaps the most profound few min- about the gentleman from Missouri, for those from Chicago, in terms of being utes that I can imagine to pay tribute me at least, is that the man brought way back, and that is because St. Louis to a man who is a hero to many, many his career into the House. In the is so close to Chicago. We used to call others and a hero to myself; a man who streets, he was a civil rights demon- it the big city, and felt we were one of has paved the way for so many African strator and activist and a labor man. the suburban communities of St. Louis. American Members of Congress In this House, he became a labor Demo- But BILL CLAY has always rep- through his many, many years of dis- crat and a civil rights Democrat. Few resented a large urban area, which is tinguished service. Members have been able to make that not always the easiest to represent. I like to say that my familiarity, my contact with BILL CLAY goes back seamless a transition so that their en- There are large numbers of low-income many decades. Indeed, forever etched tire life reflects what they have stood people, people who are searching and in my mind is a photograph of him as for. He did not have to change up when seeking. In many instances in the Mid- a young man, tall, handsome, a large he came into the House. He simply west and the north there are people Afro, being sworn in as a Member of brought his great principles, his great who migrated from southern areas of causes, and found a way to achieve the city council in St. Louis, Missouri, the country, and so I know it well. many, many years ago. For those of us what he had worked for outside on the The thing that has impressed me the who were young at that time and who inside. most about the gentleman from Mis- The gentleman from Missouri was also wore Afros, it was quite an honor, souri is that the same comments that one of the first critical mass of African quite a motivation, quite an inspira- we hear from his colleagues in the Americans to serve in this House. tional moment to see someone who House we also hear from the people on looked like us, who came from the b 1645 the streets in St. Louis. I have never same type of background and neighbor- met a person in St. Louis who did not They got to have a small number, but hood as we did, to finally be accepted feel that they knew BILL CLAY. And it large enough to form their first caucus into a government office, into the city and then to become a model for many was not that they knew him through council in St. Louis. Indeed, it was an others groups who then formed their what they had read in the newspapers, inspiration, an inspiration that still own caucuses to press in a cohesive and or they knew him from what they had motivates me even today. unified way for their constituents. seen on TV, they simply felt close to It is probably one of the most pleas- BILL fought his way into Congress by the man. So the fact that he could give urable things that one can ever experi- fighting on the front lines of the labor people a feeling of empowerment, that ence, having looked at a hero, at a role movement struggle and the civil rights he could cause the ordinary person in a model, at someone that one idolizes, struggle. I must say there are probably community, in a neighborhood, in the and then to have God’s blessing of serv- few Members who can look back at inner city to feel empowered is the true ing with him as a colleague in the Con- their career and say they spent their mark of a genius, a man who can tran- gress. But between that swearing in first term as an alderman, the first 4 scend, a man who can communicate ef- and my coming to Washington as a months of a 9-month term, actually in fectively, who can talk to the people on Member of this body, BILL CLAY jail for his constituents. Talk about fi- the corner, walk in the pool room, touched my life on many different oc- brous transitions. If that does not show walk into the neighborhood tavern, it, I do not know what does. But it is casions. walk in the alley where the people are I can remember a time, a period in one of those actions that cemented working on their automobiles and hav- American life when in my own home BILL CLAY in the hearts and minds of ing a beer in the summertime and be at City of Chicago, in my home State of his constituents, and no one could have home. Illinois, when as a young man I was an gotten him out of here unless he We used to work BILL to death, I activist, and there was a lot of turmoil walked away from here if they had guess, in the 1970s. There were not as and controversy, a lot of violence that wanted to. many African American Members of BILL brought that willingness to occurred. A close, close friend of mine, Congress. I was involved with commu- fight here, because that is part of who Fred Hampton, a member of the Black nity action groups and organizations, the man is, and it is quite amazing to Panther Party in Illinois, was mur- see that a man with that kind of street and every time we needed a speaker, we dered on December 4, 1969. And as a smarts and street activity would have would be looking, and we would just member of that organization, I do re- a side of him that most Members do work BILL CLAY and Shirley Chisholm call the kind of terror that was in my not know. It is reflected in one of per- to death. We would work them. They heart, the fear that existed among all haps the longest of his writings, ‘‘Just would be running from one place to an- of us as we were being hunted down by Permanent Interests,’’ his book about other. But BILL never said no unless he police agencies and the FBI all across black Americans in Congress from 1970 just had to. If he could make it, he this Nation. We did not know where to to 1991. It is an extraordinary compen- would. turn or who to turn to. But on the hori- dium and reference and eye opener. So, BILL, as you leave, I know you zon BILL CLAY and other Members of That is BILL CLAY the scholar. That is leave with the satisfaction that you the Congressional Black Caucus did this multifaceted man. have done a good job. You leave with come into Chicago and conducted a Well, I can only say to my good the understanding that you have epito- hearing in Chicago that kind of settled friend that we are told that a younger, mized the words of Kipling when he the turmoil, brought clarity to the sit- more handsome CLAY is about to grace said, ‘‘You have learned to walk and uation. The impact of the Congres- this floor. We will be mindful, however, talk with kings and queens, and you sional Black Caucus in Chicago will that Representative WILLIAM L. CLAY never lost the common touch. All peo- never, never be fully told, but I can say was an original. ple have mattered with you, but none this, that without the intervention of Mrs. CHRISTENSEN. Mr. Speaker, I too much. And, yes, you have given the BILL CLAY and other Members of the yield to the gentleman from Illinois unforgiven moment, with 60 seconds Black Caucus, then I certainly would (Mr. DAVIS). worth of distance run. Yours has been not be standing here today. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11427

Let me just say that since I have mittee, BILL used his influential position to ad- a safe neighborhood, receive a quality edu- been a Member of this body and have vocate for a stronger educational system and cation, be paid commensurate with one's ex- experienced not only his friendship and ensure greater worker protections. perience, and receive the best medicare re- his professionalism, one thing that As the founding member of the Congres- gardless of social status. He has served these keeps me thinking and admiring BILL sional Black Caucus, BILL established a forum principles in an exceptional wayÐhe will be CLAY the most is that he really cares in which minority issues can be addressed. sorely missed by the nation and by me. for this institution, he cares for every- BILL was the glue that kept the caucus to- Mr. DIXON. Mr. Speaker, the past few years thing about it. BILL CLAY understands gether. BILL has also fought tirelessly for work- have witnessed the departure of some of this this institution, the potential of this ing families through such efforts like the Fam- institution and the Nation's most distinguished institution, and he works very, very ily and Medical Leave Act. and effective legislators. This year certainly is hard to realize that potential for his BILL is also a wonderful writer and commu- no exception. With the departure of our dear constituents and for all Americans. nicator. His book, ``To Kill Or Not To Kill,'' colleague, dean of the Missouri delegation, BILL CLAY understands the impor- made us all think long and hard about the third ranking Member of the House, and distin- tance of the Congressional Black Cau- death penalty. Also, his book ``Just Permanent guished gentleman from the 1st Congressional cus. Indeed, he was a founding member Interests'' is a testament about African Ameri- District of Missouri, the Honorable WILLIAM L. of the Congressional Black Caucus. cans in Congress. CLAY, the House is losing one of its most ex- BILL CLAY understands all the other al- Let there be no question that the departure traordinary members. lied institutions and agencies that af- of BILL will leave a void in this body. We will Educational trailblazer, legislator, author, po- fect this caucus. BILL CLAY is probably miss his thunderous oratories, his tireless litical firebrand, and passionate civil rights ac- the single most profound individual, work ethic and his uncompromising morals. tivists and advocate for the rights of working most consistent individual to look at And yes, we will even miss his witty criticism men and women throughout this country, BILL the affairs of the Democratic National of the Congressional Black Caucus' annual CLAY has concentrated his congressional ca- Club. meetings. However, he will always live in this reer on improving working conditions for men Mr. Speaker, that is another thing. house because his legendary accomplish- and women, ensuring that every child, regard- BILL CLAY called me one morning a few ments and statesmanship are an example to less of their socioeconomic background, has years ago and asked me would I serve us all. equal entitlement to a quality educational foun- on the Congressional Black Caucus BILL thank you for your leadership and dation, assuring Americans a quality health Foundation. This man cares about this friendship. It has been a personal privilege to care network, and providing seniors with a institution and all the allied institu- work with a man I have admired so much safe and secure retirement system. tions and all the supportive institu- throughout my life. I wish you and your wife As the ranking and senior Democratic mem- tions and all the institutions that im- Carol well. ber of the Education and the Workforce Com- pact on America’s people, and I say to Mr. CONYERS. Mr. Speaker, I rise today to mittee, BILL has influenced and had a major my colleagues that we will miss this honor my dear friend and colleague, WILLIAM impact on most of the major Federal education giant of a man. We will miss this Mem- CLAY. BILL and I have known each other for and labor initiatives to have occurred over ber of Congress, this trailblazer, who in over thirty years, I have campaigned on his more than a quarter of a century. Appointed to his own humbleness has touched many, behalf, we have worked on legislation together the then-Education and Labor Committee in many of us for many, many years. and we have developed a deep abiding friend- 1969, he has been one of the committee's I will say to BILL that my wife Caro- ship. Indeed, Mr. Speaker, it is an honor to staunchest proponents of higher education lyn asked me to pass on to him and his stand here today and pay tribute to both a true funding, and for maintaining a decent, realistic, wife Carol that she is going to miss the gentleman and a fine public servant. While in and respectable living wage for employees. letters that he sends to the spouses, Congress, BILL CLAY worked to enact the He has been a stalwart supporter of this Na- our spouses, Members of the Black Family and Medical Leave Act, ERISA, to in- tion's 39 historically Black colleges and univer- Caucus spouses, as he critique the ac- crease the minimum wage, strengthen worker sities (HBCUs), many of which have produced tions and attitudes and the history and protections of union members, and to ensure some of the Nation's most distinguished and the legacy of the Congressional Black fair treatment and pensions for women. successful African American public servants, Caucus. The gentleman has been a Congressman CLAY is the third most senior business entrepreneurs, educators, and gov- friend, a person whose humor has real- member of the House of Representatives, the ernment officials. ly made this place a different place dean of the Missouri Congressional delegation During his illustrious congressional career, than what it could have been. and ranking member of the Committee on BILL has sponsored or co-sponsored nearly Education and Workforce and former Chair- 300 bills which were enacted into law. Among b 1700 man of the Postal Operation and Civil Service them, legislation to increase funding for higher He has been a beacon for us all. His Committee. He has also served as the Histo- education and the minimum wage; reform of history, his presentation, his involve- rian for the Congressional Black Caucus. the Hatch Act; and providing economic assist- ment in this Congress certainly is un- In his role as the Ranking Member on the ance and job training for dislocated workers. paralleled; and I thank him so very, Committee on Education and Workforce, in Also, legislation which reauthorized the Pell very much. And to him and his wife, addition to the aforementioned accomplish- Grants Program for disadvantaged students; Carol, I say Godspeed and thank you ments, he enacted numerous education provi- the Carl D. Perkins Vocational and Technical for all the service that he provided. We sions; including those strengthening Head Education Act; the Individuals With Disabilities are all going to miss him. Start, elementary and secondary education Education Act; and the Higher Education Act. Mr. Speaker, it is with great humility and ad- programs, and college financial aid programs. As my colleagues know, these citations miration that I stand before this body today to Just last year, he helped engineer a student scratch just the surface of the thousands of pay tribute to Congressman BILL CLAY, a man loan forgiveness provision for new teachers history-making bills with which ``the distin- who has paved the way for so many African going into inner city schools and a provision guished gentleman from Missouri,'' has been American members of Congress through this which reduced the interest students pay on chiefly responsible for or affiliated with during many years of distinguished service. educational loans. Additionally, he has always his remarkable 32 years in Congress. In a day and age when so many Americans been a strong voice and champion for working Early in his career, BILL worked to develop are disillusioned with politics and politicians, families. the Employee Retirement Income Security Act BILL's historic tenure in this house represents Mr. Speaker, this moment is bittersweet. It (ERISA), a law which protects private pension the virtue and honor of a career in public serv- is with great pride and with sadness that I bid and welfare benefits. He played a strategic ice. Even before entering Congress, BILL tire- farewell to my dear colleague. The price is role in legislation that led to the enactment of lessly fought for equality for African Americans due to the great work and fellowship that I Cobra, which provides qualified beneficiaries, by organizing protests against racial inequality. have shared with BILL and the sadness is be- such as surviving and/or divorced spouses, As a member of Congress, BILL has been cause I will dearly miss our one on one inter- and terminated and reduced-time employees, staunch advocate for those most in need of a actions, his counsel and his presence. BILL to continue health insurance coverage in em- voice in Washington. has always stood for justice, fairness, and ployer provided group health plans for a tran- As the ranking member of the Education equality for all citizens. His sense of commit- sitional period until such time as they are able and Labor Committee and the former Chair- ment and morality has always been that every to obtain other coverage. One of the bills with man of the Post Office and Civil Service Com- person is entitled to live in a decent home, in which this bill is perhaps best identified, is the H11428 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Family and Medical Leave Act, landmark legis- us with his extraordinary skills; dedication and ise of these amendments was destroyed by lation which provides employees with up to 12 integrity; intellect and eloquence; and his Jim Crow laws. After decades of struggle, the weeks of unpaid leave annually to care for a thoughtful and gentlemanly demeanor that sacrifices of nonviolent civil rights protesters, new born infant or sick and infirm family mem- somehow makes his tenacious fighting spirit such as yourself, spurred Congress to ap- bers. The Family and Medical Leave Act was all the more effective. prove the Voting Rights Act in 1965. The pas- the first bill signed into law by President Clin- Many Americans believe that those of us sage of the Voting Rights Act was perhaps the ton shortly after his 1992 inauguration and it who serve in public life may tend to overstate most important victory won by BILL CLAY and has been a Godsend to millions of workers things from time to time. But that would be dif- the Civil Rights Movement. Today, with what I and families faced with family emergencies. ficult to do in reference to BILL CLAY's record hope will be the imminent Democratic take- Prior to its dismantling, BILL chaired the of accomplishment. over of the House of Representatives, our na- Post Office and Civil Service Committee from There is just so much that he has done that tion stands on the eve of a historic moment as 1990±1994. He also chaired the Franking benefits people in his home state of Missouri the prize of the Civil Rights MovementÐthe Commission, and from 1989 to 1994 served and throughout the country. Voting Rights ActÐbears fruit. on the House Administration Committee, He fought for Hatch Act reforms for two dec- The fruit comes in the form of African Amer- chairing the committee's Subcommittee on Li- ades, and eventually succeeded. In fact, he ican legislators like myself, gaining seniority, braries and Memorials. In 1990, he became played a major role in shaping and passing a the foundation of power in Congress. In fact, one of the first Members of the House ap- number of major initiatives that have helped the upcoming Congressional Election rep- pointed to the Office of Fair Employment Prac- ensure safety and fairness in the workplace. resents a significant opportunity where, for the tices Committee. His imprint can be found on virtually every first time in United States history, Congres- BILL has spent nearly 50 of his 69 years federal educational program that exists today, sional Communities would be chaired by 3 Af- fighting for the civil rights and equal opportuni- from Head Start to college aid. rican Americans: Congressmen CHARLIE RAN- ties for all minorities. He was among those who engineered a stu- GEL, JULIAN DIXON and JOHN CONYERS would As a founder and senior member of the dent loan forgiveness program that eases the Chair the Ways and Means Committee, the Congressional Black Caucus, BILL's advocacy student payments on educational loans and Select Committee on Intelligence, and Judici- for civil and voting rights opened the doors provides an incentive to attract qualified new ary Committees, respectively. Further, as that made it possible for more junior members teachers into schools where they are needed many as 10 African Americans, including my- of the caucus to run successfully for election the most. And this year, he is a leader in the self, would chair important Subcommittees if to the Congress. As a longtime board member effort to reauthorize the Class Size Reduction the Democrats win the majority. BILL, this is of the Congressional Black Caucus Founda- Act, which is adding 100,000 teachers in your legacy, and I salute you for it. tion, Inc., he has been one of the most stead- school systems throughout the country. I am also pleased to announce that your fast proponents of the organization's excellent He is a thinker and writer who has authored work will be continued in the 107th Congress. educational programs. several important books; a philanthropist who For example, earlier today, like you, I have BILL's passion for education also led to his founded a scholarship fund that has helped long been interested in promoting sound pub- founding of the William L. Clay Scholarship scores of young people to fulfill their potential; lic policies that will ensure that students living and Research Fund in St. Louis. Because of a public servant whose efforts have brought in economically disadvantaged areas have the his efforts, more than 100 St. Louis area stu- enduring changes; and a committed citizen same educational opportunities as children in dents have been able to attend colleges and who has more than lived up to his belief that affluent areas. universities throughout the United States. everyone should have a decent home in a That's why I introduced legislation to create A serious and astute student of the history safe neighborhood; receive a quality edu- Educational Empowerment Zones. This legis- of this Nation, BILL is the published author of cation; have an opportunity to work at a job lation is premised on the idea that giving two books, ``To Kill Or Not To Kill,'' which ex- commensurate with his or her skills and abili- teachers meaningful incentives to live in the amines America's capital punishment system ties, and receive quality health care regardless communities where they teach will improve the and its disproportionate impact on African of income or social status. educational opportunities for children in low-in- Americans; and ``Just Permanent Interests: I know I will personally miss BILL CLAY's come areas. My legislation will provide for the Black Americans in Congress 1870±1992.'' friendship and leadership in this body. establishment of federally designated areas BILL currently is working to complete his third More importantly, he will be missed by the where federal aid and private funding can be publication, ``Racism in the White House.'' country at-large. Mr. Speaker, students and employees But anyone who knows him knows that he targeted to increase teacher salaries, provide for loan forgiveness, and enhance teacher- throughout America can thank BILL CLAY for is not the kind of person who will just vanish many of the educational opportunities and from sight. training opportunities. The specific choice of substantially improved workers benefits they Whether retired or on active duty, you can the Educational Empowerment Zones will be based on factors such as the number of low- enjoy today. He has been their biggest and bet that BILL CLAY will be a caring, involved most ardent supporter, spending the better citizen, continuing to do everything in his income families, the dropout rate, the rate of part of his adult life, and certainly his entire power to make life better for others and, in so teen pregnancy and class size. congressional career, committed to improving doing, to provide inspiration and guidance for BILL, in addition to promoting initiatives like the social condition for them and for all Ameri- us all. my Educational Empowerment Zones, I am cans. It has been an honor and a distinct And, for that, we can all be thankful. looking forward to guarding your legacy by pleasure to serve with him in the Congress. Mr. TOWNS. Mr. Speaker, I rise today to working with the Congressional Black Caucus As he prepares to say farewell to this es- honor my good friend and retiring colleague, to take the lead on efforts to close the Digital teemed institution where he has had such a BILL CLAY. Divide. As we travel through our Districts and tremendous impact on the social fabric of this For nearly three decades, you have served look in the faces of our children, we see the country, may he do so proudly, grounded in African Americans across the nation very ca- tremendous potential within these kids. It is the knowledge that he leaves behind a legacy pably, Members of Congress included. When our duty to ensure that this potential is not that is secure for the ages. you founded the Congressional Black Caucus wasted because they do not have access to Good luck and Godspeed BILL. May you several decades ago, the environment on technology. and Carol enjoy a long, healthy, and pros- Capitol Hill and in America was very different. As we all know, our rapidly growing elec- perous retirement. It was a time of struggle, and in spite of the tronic economy will drive our growth and pros- Mr. BISHOP. Mr. Speaker, it is truly an many victories we had won during the Civil perity throughout the new century. Yet, busi- honor to have an opportunity to serve with our Rights Struggle, you knew we still had a long ness leaders and policy makers must work to- friend and colleague BILL CLAY, whose con- way to go. Congressman CLAY, the victories gether to ensure that everyone in our society tributions during 32 years of service in this you won in those exciting, turbulent days is positioned to reap the benefits of, and par- body have earned him widespread recognition mean so much for African Americans today. ticipate fully in, the new digital age. In my as one of America's great voices for justice Many of my colleagues gathered here today opinion, the effort to close the digital divide and opportunity during the last half of the 20th will remember that in Post-Civil War America, represents the first major civil and economics century. Congress passed the Fourteenth and Fifteenth rights struggle in the new millennium. To me, and I'm sure to everyone who fol- Amendments to the United States Constitu- We've seen the statistics, and we know lows in his footsteps, he has been a personal tion. While 22 African-Americans were elected people on the downside of the digital divideÐ mentorÐone who has inspired us and guided to Congress in the following years, the prom- the `have nots'Ðare already at a competitive October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11429 disadvantage in pursuing educational and pro- In Labor and Education Committee hear- The gentleman from Missouri (Mr. fessional opportunities in an increasingly on- ings, and here on the House floor, BILL CLAY CLAY) is my friend. He is our historian. line society. speaks up for those Americans who cannot al- I will miss his eloquent words, his Mr. Speaker, I hope that we will be able to ways speak up for themselves. chastising, but, most of all, your fight work together on this and similar initiatives American working families have always and your heart. How could a man who aimed at closing the Digital Divide. been able to count on BILL CLAY to do the saw the death of Martin Luther King In closing, let me say again, BILL, that I sa- right thing. They will miss him in Congress, and Bobby Kennedy be any less? lute you for your accomplishments in Con- just as those of us who serve with him will, We look forward to his son. We thank gress and the legacy you will leave us. I hope too. him for his daughter, his wife, and all that we will be able to guard that legacy and The SPEAKER pro tempore (Mr. of his family. We thank him for St. keep opening doors of opportunity for all chil- SIMPSON.) The time of the gentle- Louis, Missouri, for sending us their dren in America. woman from the Virgin Islands has ex- native son, the ‘‘show me congress- Mr. SCOTT. Mr. Speaker, I wish to pay trib- pired. man.’’ ute to a good friend and colleague, Congress- Mr. FORD. Mr. Speaker, I ask unani- I believe he is the kind of congress- man WILLIAM ``BILL'' CLAY. I have had the mous consent for an additional 15 min- man that will never sing the refrain pleasure of serving with BILL on the Education utes. ‘‘we shall overcome’’ but the gen- and Workforce Committee since my election in The SPEAKER pro tempore. Is there tleman from Missouri (Mr. CLAY) will 1992. objection to the request of the gen- sing the song ‘‘we have overcome.’’ Throughout his service, BILL CLAY has been tleman from Tennessee? For those of this body who did not have the a fighterÐa fighter for the hard working Ameri- Mr. SMITH of Michigan. Mr. Speak- honor nor the pleasure of working with the cans who have made our country a global er, I would object to anything more Dean of the Missouri Delegation, the first thing economic leader, a fighter for the disadvan- than 5 minutes. A couple of us have I would like to share with you was his deep taged, a fighter for public education but most been waiting quite a while. I certainly commitment to working on the behalf of work- of all a fighter for social justice. respect the opportunity for the gen- ing men and women of America. When it Looking back over his career as Chairman tleman from Missouri (Mr. CLAY) to re- came down to a vote on a labor bill, BILL CLAY of the Committee on Post Office and Civil spond, so I would not object to 5 min- would insist that he be shown how it would Service to the Committee on House Adminis- utes. But I would object for more than help working people in his district and across tration, to his current membership as Ranking that. this nation. Member on the Committee on Education and Mr. FORD. Mr. Speaker, I ask unani- Congressman CLAY is a native of Saint the Workforce, we find his imprimatur on nu- mous consent for 5 minutes. Louis, Missouri and was first elected to the merous initiatives. He stewarded the landmark The SPEAKER pro tempore. Without United States House of Representatives in Family and Medical Leave Act into law, the objection, the gentleman from Ten- 1968. Because of his commitment to labor he Hatch Act reform bill which allows federal em- nessee (Mr. FORD) is recognized for 5 selected Committees whose primary business ployees to participate in the political process, minutes. deals with labor issues. Because of his skill in legislation prohibiting age-based discrimination There was no objection. the area of labor he has reached the position in employee benefits, legislation providing fed- Mr. FORD. Mr. Speaker, I yield to of senior member of the Education and the eral loan guarantees for construction projects the gentlewoman from Texas (Ms. Workforce Committee. The committee was at Historically Black Colleges and Universities. JACKSON-LEE). known as the Education and Labor Committee BILL CLAY's penchant for being a fighter has Ms. JACKSON-LEE of Texas. Mr. when the House was controlled by Democrats, served his constituents, this Congress and es- Speaker, if the gentlewoman will yield, but in 1994 when the Republicans took control pecially the Democrats on the Education and it is my honor to be able to rise to the of the House the committee was renamed the Workforce Committee well. For those of us occasion to salute a very important Education Employment Opportunities Com- who served with him on the Education Com- gentleman. It certainly is difficult, mittee, also called the EEOC to the consterna- mittee, his leadership was crucial at a time however, to speak about him in 1 tion of the Republicans. when we were in the Minority. Under BILL minute. Congressman CLAY was also a champion of CLAY's leadership we turned back radical ef- Many of us know him as the Honor- education and played a key role in the reau- forts to eliminate the U.S. Department of Edu- able WILLIAM L. CLAY of St. Louis, Mis- thorization of the elementary and Secondary cation, defeated school voucher proposals, souri, also known as the ‘‘show me con- Education Act, including efforts to reduce early and championed meaningful education re- gressman.’’ But I know him as teacher, grade class sizes by hiring 100,000 teachers forms and programs, like Class Size Reduc- as Mr. Historically Black Colleges and nationwide. He has also been leading the way tion and School Modernization, that help the Universities, as Mr. Working Ameri- for our nation's schools to be first in getting many, not just the few. cans and Families. the resources necessary for school construc- As an original founder of the Congressional All that we have heard of the gen- tion, renovation and modernization. His work Black Caucus, BILL CLAY started us on the tleman from Missouri (Mr. CLAY) is in education has also included winning con- path to where we are today, a highly re- that he is certainly not shy in engag- cessions from the Republicans to increase the spected body that is on the front lines cham- ing in advocacy for the voiceless. But I amount of Pell Grant funding and the reduc- pioning the causes of the African American might take my colleagues back to a tion of student loan interest rates. In addition, community in the legislative process. special time in our history so they can I have no doubts that BILL will continue the he has been a moving force behind securing see how his political journey was for- good fight after he leaves Congress. I look for- increased support for Historically Black Col- mulated. ward to his continued leadership. leges through Title III of the Higher Education Ms. WOOLSEY. Mr. Speaker, I am pleased And 1968 was the first year of his Act. Congressman CLAY has been a leader on election, the year of Martin Luther to join my colleagues in paying tribute to BILL the issue of education, which reflects the dy- King’s assassination and the assassina- CLAY. namic and diverse institutions of higher learn- I have known BILL CLAY best as my ranking tion of Bobby Kennedy. How could the ing that are found in this great nation. Con- member on the Education Committee for the gentleman from Missouri (Mr. CLAY) be gressman CLAY authored the Historically Black past six years. any less than a warrior and a fighter Colleges and Universities Capital Financing During that time, I have seen firsthand for providing better education for our Act, which provides $375 million in federal BILL's tireless efforts for working families in children and reauthorization of the El- loan guarantees for construction and renova- this country. ementary and Secondary School Act, tion projects at Historically Black Colleges and Whether he is fighting to increase the min- exploring and explaining the Hatch Universities. imum wage, to protect workers from overtime Act, making sure that if factories are He was the draftsman and the builder of an abuses, or improve workplace safety, BILL closed the workers have protections impressive pro-workers rights legislative agen- CLAY cares about American workers. and rights? da that is not equaled by any other senior And he cares about their children. He is a Oh, Mr. Speaker, I wish I had more members of the Congressional Black Caucus. leader in our efforts to make sure that every time. I wish this body would refrain He was one of the first man in Congress to American children has a safe, sound school to from its rules and regulations and really put families first with his sponsorship of go to, with small classes and well-trained allow us to pay tribute to a man who the Family and Medical Leave Improvements teachers. deserves this great tribute. Act to extend coverage of the current law. H11430 CONGRESSIONAL RECORD — HOUSE October 27, 2000

Congressman CLAY has also taken on the everything that he has done, for all the Waters, and there are so many oth- tough job of reforming the Hatch Act, which that he has taught us, and just say ers, the Stokes that he served with, the existed to separate public service from par- that I will miss looking up there and best friend of the gentleman from Mis- tisan politics, but not separate federal workers seeing those votes oftentimes with that souri (Mr. CLAY). for their right to free speech and freedom of one or two red votes next to him being I will never forget going to the mail- assembly. For this reason, he has worked to in the real minority in terms of doing box and here I was 19 years old in col- ensure that Federal and postal workers had the right thing in terms of standing for lege, Mr. Speaker, and receiving this the same rights to participate in politics that principle and honesty and integrity. envelope from the office of (Mr. CLAY), are allowed to other citizens. I wish him a wonderful next chapter $500 donation, for this newspaper. The Congressman CLAY has also brought sanity of his life. newspaper started and was run by to our nation's pension plans at a time when Mr. FORD. Mr. Speaker, I yield to young people at the school, and it is many were in doubt of meeting their promise the gentlewoman from the Virgin Is- still in existence today in the spirit in to America's older workers. He led the effort to lands (Mrs. CHRISTENSEN). which he provided all those scholar- reform our nation's pension laws, including Mrs. CHRISTENSEN. Mr. Speaker, it ships for children throughout his dis- legislation to protect employees from raids on has been my privilege to manage this trict and throughout the State of Mis- their pension plans. He championed legislation hour of tribute to the gentleman from souri. to prevent age-based discrimination in em- the First District of Missouri (Mr. I am also one youngster whose life he ployee benefits, and sponsored legislation to CLAY), a steadfast champion of edu- touched and impacted. I would not be provide continued health insurance coverage cation, labor, and the founding member in the Congress today but for work he through employer pension plans under the Congressional Black Caucus. did here in the United States in open- COBRA for those separated from their em- We have heard but a few of the ac- ing doors and creating opportunities ployment. complishments and contributions of and chronicling the history of not only On the behalf of the thousands of plant the gentleman in this short hour, and I African-Americans here in the Con- workers in and around the City of Houston, I associate myself with all of the prior gress but great Americans here in the would like to thank Congressman CLAY for remarks. Truly he has left a rich leg- Congress. seeing that it was the law of our country that acy in labor. And in education he has On behalf of the gentleman from Illi- plant closings must give 60 days advanced been to minority education what his nois (Mr. JACKSON) and the gentleman notice or 60 days of pay to employees for fail- long-term friend and colleague Con- from Rhode Island (Mr. KENNEDY) and ure to notify them of a closure. gressman Stokes has been to the cause all the young members of Congress, I Congressman CLAY was the founder of the of minority health. want to say thank you for his leader- William L. Clay Scholarship Research Fund, a The gentleman from Missouri (Mr. ship and thank you for his service. non-profit, tax-exempt scholarship program, CLAY) will leave a great void, but we Aunt Carol has been a gem and a treas- which has enabled over 100 Saint Louis area will fill it with his rich legacy. I am ure to all of us here in the Congress, students to attend colleges. pleased to join my colleagues in saying certainly those of us who have grown I would like to join my colleagues in saluting thank you on behalf of this body and up around her. Congressman BILL CLAY for a job well done. our Nation. I would say thank you also I look forward to serving with Lacy He has stayed the course and made a positive to his dear wife, Carol, and his family and Michelle and Angela and Clay and difference in the lives of average working for sharing him with us. Michael. I love your grandchildren and Americans and their families. Congressman Godspeed and God bless as he leaves I love the family. I just want to say CLAY, I along with the thousands of others this body. But I am sure he is not leav- who are inspired by your efforts in government thank you for all that he has done, all ing a life of service and many, many would like to thank you for selecting public that he will continue to do, and all more contributions to his country. service as your life's vocation. that he has meant to this great body. Ms. LEE. Mr. Speaker, if the gen- We thank him very much for his f service. tleman will yield, let me just say that SOCIAL SECURITY SOLVENCY it is with a deep sense of admiration The SPEAKER pro tempore. The and gratitude actually that I join my time of the gentleman from Tennessee The SPEAKER pro tempore. Under colleagues in honor and recognizing a (Mr. FORD) has expired. the Speaker’s announced policy of Jan- true warrior and a giant of a man, the (By unanimous consent, Mr. FORD uary 6, 1999, the gentleman from Michi- was allowed to proceed for 1 additional gan (Mr. SMITH) is recognized for 60 gentleman from Missouri (Mr. CLAY). I have had the privilege of knowing minute.) minutes. the gentleman from Missouri (Mr. Mr. FORD. Mr. Speaker, so much has Mr. SMITH of Michigan. Mr. Speak- CLAY) since 1975, actually, when I been said about the gentleman from er, I yield to the gentleman from Mis- joined the staff of another great leader, Missouri (Mr. CLAY). Not enough can be souri (Mr. CLAY). the Honorable Ron Dellums. Then, as said. I have happened to have the Mr. CLAY. Mr. Speaker, I thank the now, serving with the gentleman from chance to know him or he has known gentleman for yielding. Missouri (Mr. CLAY) in this great me all of my life. My dad was his col- Mr. Speaker, let me say that, for House, I continue to marvel at his in- league in Congress for more than 22 those who are watching on television tellect and his insight and his total years. and are not familiar with the rules of commitment to social political and Lacey and Michelle, and I know we the House, we had 1 hour for this spe- economic justice. cannot campaign from this body, but cial order and it is now extending into Yet, his sense of humor, his compas- he is a Democratic nominee for Con- the next hour that the gentleman has sion, and his big heart never ceases to gress there in the First District, and I reserved and he has a plane to catch. amaze me. He is a true trail blazer. certainly wish him the very best of So I certainly appreciate him allowing And I will actually miss his thoughtful luck. He comes from such great genes. me just to say how overwhelmed I am reflections and analysis that really al- I want to tell just one story, I was in by the expressions of support and of ap- ways kept us on track. college at the University of Pennsyl- preciation of kindness and the friend- The gentleman from Missouri (Mr. vania, Mr. Speaker, and a group of us ship that have been expressed on this CLAY) understood the power of coali- started a monthly newspaper there. We House floor today. tion building and the clout of a unified sought donations for the start of this Let me say that I come from a family Black Caucus way back when. We newspaper because we wanted to main- of seven children. My mother and fa- today are benefitting from his insight, tain its independence from the univer- ther always taught each of us that his clarity and his understanding. He is sity, not in hostility to the university modesty should never prevail over truly a Member who has not only but wanting to have an independent truth. So, in that vein and with that talked the talk, but he has walked the voice on campus. understanding, I accept all of the acco- walk and he has shown us what a true I sent out solicitation letters to all of lades that have been bestowed on me statesman can and should be. my dad’s friends and all of his col- this afternoon because they are true. So I just want to thank the gen- leagues. And he has some wonderful That is part of the whit that they talk tleman from Missouri (Mr. CLAY) for colleagues, the Rangels, the Grays, and about, Mr. Speaker. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11431 Let me seriously, though, thank the years ago, Shirley Chisholm, Lou Stokes, and Mr. SMITH of Michigan. Mr. Speak- gentleman from South Carolina (Chair- I came to Washington the same day. It was er, the full body certainly thanks the man CLYBURN) and the members of the historic. Three blacks elected at one time. We gentleman from Missouri (Mr. CLAY) Congressional Black Caucus for spon- joined six others and became the largest num- for his service and wishes him good soring this tribute in honor of my ber of African Americans to serve in Congress luck and Godspeed. years of service in the Congress. at one time. The three of us were determined Mr. Speaker, I am going to give, if I also want to thank my other col- to seize the moment, to fight for justice, to you will, a short lecture on what I con- leagues for their expressions of com- raise issues too long ignored and too little de- sider one of the most important topics mendation for my work in this great bated. We were described by the media as of the day, and that is Social Security. body. militant, aggressive new leaders determined to I put the first poster up here, ‘‘no In my 32 years in Congress, I can only make changes in the way black members of new taxes.’’ Because if we do nothing, remember a few tributes such as this Congress had been viewed in the past. And then it almost mandates that we are one. The last one that stands out for we wasted no time seeking to establish a going to yet again increase taxes So- me was the one for my good friend, forum for articulating our concerns. That me- cial Security taxes on American work- Lewis Stokes, at the end of the last dium was the founding of the Congressional ers to pay for the benefits that we have Congress. Black Caucus. It has served its purpose well. promised. Let me also offer a special word of I am also proud of the role I have played in I entered Congress in 1993. And actu- thanks and appreciation to my friend helping to create new programs to address the ally, while I was still chairman of the and our minority leader, the gentleman problems of millions of Americans. During my Senate Finance Committee in the from Missouri (Mr. GEPHARDT), and the life in this institution, I have been privileged to State of Michigan, I wrote my first So- other members of the Missouri delega- personally participate in the drafting and pas- cial Security bill and I introduced it tion for their support throughout the sage of many landmark pieces of legislationÐ when I came down here. I have intro- years we have served together. coal mine safety, ERISA, Black Lung Benefits duced a Social Security bill every ses- I also want to thank the members on Act, the first appropriations for sickle cell dis- sion since. the Committee on Education and ease research, the direct student loan pro- So my last three Social Security bills Workforce who have inserted state- gram, the civil service program, OSHA, and have been scored by the Social Secu- ments into the RECORD on behalf of my the Americans with Disabilities Act. rity Administration to keep Social Se- contribution to this Congress. I am even more proud of legislation that curity solvent for the next 75 years Finally, I want to express my heart- bears my name as primary sponsor or that I without any tax increases and without managed successfully on the floor of this felt appreciation to my wife and chil- any cuts in benefits for seniors or near- House: reduction of pension vesting from 10 dren for their patience, for their under- term retirees. years to 5 years, Hatch Act reform, 60 days standing, and for their acceptance and I was named chairman of the Bipar- plant closing notification, the minimum wage participation at every level and every tisan Social Security Task Force from increase of 1996, COBRA legislation that will phase of my journey. the Committee on the Budget. And so, continue employee health plans after job sep- Once again, I thank the gentleman we got some of the most expertise peo- aration, financial assistance to enhance and for yielding to me and I thank the gen- ple not only in this country but preserve historically black colleges, the sev- tlewoman from the Virgin Islands for throughout the world in trying to de- eral reauthorizations of the Higher Education handling this special order. cide how we are going to fix a system Act, enhanced support for Hispanic serving in- Mr. Speaker, I am overwhelmed by the ex- that is going broke. pressions of support and appreciation, kind- stitutions, IDEA, class size reduction and fam- b 1715 ness and friendship, so I accept accolades be- ily and medical leave. Thanks to many of you in this Chamber, I cause they are true. I want to thank Chairman So, the first consideration is the fact have been able to fashion and to pass the CLYBURN and the members of the Congres- that American workers now pay more kind of legislation that has improved the stand- sional Black Caucus for sponsoring this tribute in the Social Security tax than they do ard of living and the quality of life for millions in honor of my years of service in the Con- in the income tax. Seventy-eight per- of our citizens. cent of American workers pay more in gress. I also want to thank all other colleagues Serving in the United States Congress is the Social Security tax than they do for their expressions of praise and commenda- one of the greatest honors that is possible to the income tax. tion for my work in this great body. In my 32 bestow upon an American citizen. In the 224 Okay, a brief history. When Franklin years in Congress, I can only remember a few year history of this country, less than 10,000 Delano Roosevelt in 1935 created the tributes such as this one. the last one that American have enjoyed the distinction of serv- Social Security program, that was over stands out was the one for my good friend, ing in the House of Representatives. Louis Stokes at the end of the last Congress. To those who will have the honor and privi- six decades ago, he wanted it to feature Let me also offer a special word of thanks lege of being elected to serve in the next Con- a private sector component to build re- and appreciation to my friend and our Minority gress for the first time, I would like to offer one tirement income. Social Security was Leader DICK GEPHARDT and the other mem- small but important bit of adviceÐalways re- supposed to be one leg of a three-legged bers of the Missouri delegation for their sup- member the awesome consequences, nation- stool to support retirees. It was sup- port throughout the years we have served to- ally and internationally, of your decisions. We posed to go hand-in-hand with personal gether. live in the greatest, most prosperous country savings and private pension plans. Those of us in the profession of politics in the history of the world. The 260 million In fact, researching the archives on know that like other careers, we cannot be people we represent enjoy collectively the the debate in 1934 and 1935, the Senate successful without support from many quar- highest standard of living on the face of the on two occasions voted that individual ters. Recognizing that, I want to express my Earth. But, many of our citizens have not been privately-owned investments should be deepest appreciation to a great staff, to the able to enjoy the benefits of that great stand- an alternative to a government-run thousands of friends and constituents for their ard of livingÐmany have been left out, left be- program. But in the final conference continuous support, and to the voters of the hind. Too many of our citizens suffer dis- committee the decision was that it 1st Congressional District of Missouri who 16 proportionately the slings and arrows of mis- would be a government program, a pay- times went to the voting booth and elected me fortune through no fault of their ownÐsick- as-you-go program, where current to this great office. ness, disease, povertyÐpoor and inadequate workers paid in their Social Security Finally, I want to express my heartfelt ap- education rob them of their opportunity to fully tax to support current beneficiaries. preciation to my wife and children for their pa- participate in the American dream. Always re- Because at the time when the pro- tience, understandingÐand for their accept- member when legislating that their destiny is gram was started the length of your ance and participation at every level and in inextricably tied to your destiny. Your struggle life span was 621⁄2 years, and still you every phase of my journey. and their struggle are tied irrevocably one to had to be 65 to receive benefits, that During my tenure, there have been many the other. meant most people did not live long highlights. Some stand out brighter than oth- Once again, thanks for the opportunity to enough to receive benefits. They paid ers. Perhaps one of the greatest was having serve and to help make this the greatest na- in all their life, but then did not get the privilege of being one of the founders of tion on Earth. It has been a great challenge anything out, and this pay-as-you-go the Congressional Black Caucus. Thirty-two and a rewarding career. program worked very well then. What H11432 CONGRESSIONAL RECORD — HOUSE October 27, 2000 has happened since is Social Security use the magic of compounding interest into financial problems, we lowered has fewer workers and is running out of to help make sure that we are not only benefits and increased taxes. money. going to cover the promised benefits, So with the increased taxes, right So first this evening I am going to but increase those benefits. now there is a little more money com- cover a little bit of the problem, how In the bipartisan Social Security ing in, Mr. Speaker, than is needed to Social Security works, and then some task force, we agreed, Republicans and pay out benefits. That stops in 2015 and of the proposed solutions. Democrats, on 18 findings. One of the we run into the red. So the future defi- It is a system stretched to its limits. witnesses before our hearings sug- cits in tomorrow’s dollars, tomorrow’s Seventy-eight million baby-boomers gested that, within the next 25 years, inflated dollars, are $120 trillion. begin retiring in 2008. What happens at medical technology would allow an in- If you talk about the words ‘‘un- that point in time is the baby-boomers dividual to select, to choose, whether funded liability,’’ and those are the are now at the top of their income or not they wanted to live to be 100 words that Alan Greenspan of the Fed- level, and we charge Social Security years old. eral Reserve uses, he says the unfunded tax based on the first $76,000 of income, So back to the three-legged stool. So- liability is $9 trillion, which means we so they are paying in the maximum cial Security is going to have even a would have to have $9 trillion today tax. When they get out, because there tougher time if people are going to live and put it in an investment account is a direct correlation between what that long. But if individuals, especially earning 6.7 percent interest to accom- you paid in and your income and what young people today, want to have the modate through the future years the you are going to get in retirement ben- kind of retirement that is going to ac- $120 trillion we are going to be short. efits, they go from the big payer- commodate them to the kind of stand- Again, the annual budget is $1.9 tril- inners, if you will, to the big taker- ards that they had while they were lion. outers in Social Security benefits. working, then there is going to have to The debt, by the way, does anybody Social Security spending exceeds tax be two more legs to that stool, and know what the debt of this country is? revenues in 2015. That means somehow they are going to have to develop the The total debt this country is $5.6 tril- government is going to have to come kind of pension plans, develop the kind lion. So what we have done, and the up with some more money at that of savings plans, and, thirdly, make Constitution says the Congress has to point in time. sure that Social Security stays sol- pass a law saying that we are going to Social Security trust funds go broke vent. be allowed to increase the debt of this in 2037, although the crisis could arrive The demographics are part of what country, we have kept increasing debt, much sooner. What government has has led us to this situation. So if you which, put in other terms seems to me, been doing, what this Congress, this do a chain letter, I like the cartoon I I am a farmer from Michigan, and what chamber, the people on this side of the saw in one of the papers where the I always learned growing up on the aisle and that side of the aisle have young worker was talking to Uncle farm is you try to pay off some of that been doing for the last 40 years, up Sam, you know, with his hat on and his mortgage so your kid might have a lit- until the last 3 years, is taking any stars and stripe suit, and Uncle Sam tle easier time. What we are doing in this country extra money coming in from Social Se- says, well, it is simple. You just put and what we have been doing in this curity, the Social Security surplus, and your name at the bottom of this list, country is leaving a larger mortgage, a you send your money to the person at spending it on other government pro- larger debt to our kids. Somehow, grams, so it was gone. the top of the list, add your name to being so egotistical we think our prob- So if we pay all that money back, the bottom of the list, and when your lems today, that we deserve to have and we will, somehow we have to come name comes up, other people will be the extra money to solve what we con- up with the money, then it is going to sending you money in your retirement. sider our problems today, and then we That is sort of what it is. It is a last until 2037, but we run out of money will leave that mortgage, that debt, Ponzi game. It is a pay-as-you-go sys- in 2015. So the big question, the prob- that obligation of increased taxes to tem that cannot survive if you start lem that needs to be solved, is where our kids and our grandkids. That is does the money come from? losing the names off that chain letter why I put up the first chart that says, I think a lot of people have said, well, of the people at the bottom, if they do let us start as part of any Social Secu- you know, it is just another guy with a not keep paying the people at the top. rity proposal that we do not increase Back in 1940, for example, there were green eyeshade on, economist, making taxes. some prediction. But insolvency is an 38 workers working, paying in their The economic growth will not fix So- absolute. It is certain. We know how tax, to collectively add up to the bene- cial Security. We are enjoying eco- many people there are and when they fits that were paid to each retiree. nomic growth, surpluses coming in to are going to retire. We know that peo- Today we are down to three workers the Federal Government, arguing ple will live longer in retirement, and paying in their Social Security tax to about what we are going to do with we know how much they will pay in accommodate the Social Security ben- those surpluses. Let me just mention and how much they are going to take efits for every one retiree, and the esti- three years ago I introduced a bill that out. mate is, by 2025, there will be two said we cannot use any of the Social Payroll taxes will not cover benefits workers paying in their Social Secu- Security surplus for any other pro- starting in the 2015 when we have less rity tax for every one retiree. So they grams, because, if we did, under the money coming in than is needed to pay are going to have work long and hard law I introduced we would start cut- benefits, and the shortfalls will add up enough, if we keep this current system, ting all other spending to make sure to $120 trillion between 2015 and 2075. without developing some kind of a bet- that we did not use any of the Social $120 trillion. Nobody knows exactly ter return on investment, if we do not Security surplus. how much money that is. Probably start modifying it from a pay-as-you- Last year we put this into a law, we very few of us in this chamber, and I go program to a program that individ- passed a bill through this chamber, am a senior member of the Committee uals have some ownership of those par- maybe a little bit gimmicky, but we on the Budget. Comparing it a little ticular accounts and they can accrue called it a Social Security lockbox. bit, our budget this year is going to be compounded interest so we will end up What that did was said in effect we are $1.9 trillion. But we are going to be $120 better off than what we are under the not going to spend any of the Social trillion short in terms of what we need current program. Security surplus for any other govern- over and above Social Security taxes, This just represents the problem with ment programs, and the only way that that are at record high levels already, the red, and if this were green it might surplus can be used is to help save So- to come up with the money to pay the be a little better. But when we had the cial Security or use it to pay down that benefits that have been promised. last change in Social Security under part of the debt held by the public. Somehow we have got to change the the Greenspan Commission in 1983, the That worked. That caught on. The program so that we start moving from decision then was to lower benefits and administration decided they had to go a pay-as-you-go program to a program increase taxes. By the way, that is the along with it, because it is so logical that can start earning revenues and same thing we did in 1978 when we ran and the American people supported it. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11433 This year, let me tell you what we and other trust fund expenditures but There is $3.4 trillion there, about a have done this year to try to slow down only in a bookkeeping sense. trillion is owed to the Social Security the growth in spending. About four Again, before I read the rest of this, trust fund, and then there is approxi- weeks ago the Republican Conference the source of this is President Clinton’s mately another $1.3 trillion that is made a decision that we were going to Office of Management and Budget. The owed to the other 120 trust funds that take 90 percent of the surplus coming trust fund, what is owed to the Social we borrow money from, that the gov- in for this fiscal year we are now ap- Security trust fund, they are claims on ernment borrows money from, and propriating money for, we are going to the Treasury that, when redeemed, will eventually we need to stop that, too. take 90 percent of the surplus and dedi- have to be financed by raising taxes, So far we have made a decision not to cate that to debt reduction, dedicate borrowing from the public, or reducing borrow, not to use any more of those that money to pay down the debt held benefits or other expenditures. Social Security trust fund money for by the public, and only use 10 percent Think for a moment with me. What other government expenditures or to of the surplus to argue with the Presi- would we do if there was no trust use any of the extra money coming in dent, the White House or anybody else funds, but we made this commitment from Medicare for any other govern- how that money might be used. So, for Social Security benefits? Then we ment expenditures. again, a pretty good start in the right would come up with the money by in- Now, back to Vice President GORE’s direction of starting to reduce the creasing taxes or by cutting benefits so proposal. He says his proposal will keep mortgage that otherwise we would that we did not have to pay out so Social Security solvent until 2057. leave to our kids and our grandkids. much, or a combination or borrowing What is needed over and above taxes On the economy, Social Security ben- more money from the public funds. between now and 2057 is $46.6 trillion. efits are indexed to wage growth. That That is what we would do if there was Paying off this $3.4 trillion dollar debt means the higher the wages now, the no Social Security trust fund. is not going to accommodate that kind higher the benefits for everybody later There is a Social Security trust fund of a shortfall. We are paying about $260 billion a on. If you have higher wages, because that has IOUs, the government’s IOUs year interest on this $3.4 trillion debt, there is a direct relationship between that owes Social Security approxi- $260 billion a year. If we were to say, what you pay in in taxes and that is mately $900 billion, but to come up look, from now on we are going to take based on what you are earning, your with that $900 billion, the same three that $260 billion a year and we are benefits are going to be higher. In things have to happen: You either re- going to credit it to Social Security, other words, when the economy grows, duce benefits, increase taxes or in- that would be represented by this blue workers pay more in taxes, but also crease public borrowing. line across the bottom. they earn more in benefits when they In effect, if we are going to keep our commitment on Social Security, the After we hit the peak around 2015, retire. then the $260 billion a year would less- paperwork, the ledger that says how Growth makes the numbers look bet- en the obligation for Social Security, much government owes Social Security ter now, but leaves a larger hole to fill the width of that blue line, what is left is only as good as the way we come up later. The administration has used is $35 trillion short of what is needed to with the money to pay it back, to these short-term advantages as an ex- pay those benefits. Talk about fuzzy make sure that we continue those So- cuse to do nothing, because it looks math. This is fuzzy math. good. cial Security benefits. We have to do It is adding up, in effect, another Four years ago, Social Security was it. giant IOU to the trust fund but does going to run out of money in 2011, but, The key is getting a better invest- nothing to help figure out how we are because of the economic growth, be- ment on some of those Social Security going to come up with the extra money cause of higher wages, more people got funds coming in. Here again, because to pay this shortfall. jobs, extra money is coming in in So- after 2015 all of the funds, we are going This is one of this country’s most im- cial Security taxes now that is going to to have to call on for extra money com- portant programs. I think we need to be offset later by larger payouts, but ing in to pay benefits after 2015. be very honest with the American peo- that puts the date of reckoning up to It is so important that we come up ple. And I would hope that any time 2015 now. So over the last 3 years that with a decision now of how to use some you hear a debate or have a chance to date when there is less money coming of this surplus in the transition to ask questions to any Member running in than is needed to pay benefits has move from a fixed benefit program to for Congress or the United States Sen- now moved up 4 years to 2015. at least part of the money coming in to ate or the candidates for President, A lot of people, as I have given a personally-owned savings investment you would say, look, what is your plan maybe around 250 talks around Michi- account that can gain more interest in- to keep Social Security solvent for the gan, the Seventh District of Michigan, come than is now accommodated by next 75 years as scored by the Social around different states of the United Social Security. I will come up with Security Administration? States, a lot of people feel that some- those figures in a minute. It is so easy for us politicians to say, how there is an account with their But the average retiree today re- well, we are going to put Social Secu- name on it for Social Security, that ceives back 1.9 percent, a real return of rity first. That will not do it. I mean, they have sort of got a locked-in legal 1.9 percent of the money they and their these are tough decisions. There is a right to have some Social Security employer pay into Social Security. You lot of money to come up with. Making benefits. can do better than that with a CD. The the transition from needing all the I would remind the American people, average investments over the last 100 money to pay benefits to something Mr. Speaker, that the Supreme Court years have averaged almost a real re- that you can start investing for the fu- in two decisions now has said that turn of 7 percent. ture is the huge challenge. there is no entitlement to Social Secu- Mr. Speaker, one of the proposals has I mentioned $9 trillion. Social Secu- rity, regardless of how many Social Se- been that let us borrow some of the rity has a total unfunded liability of a curity taxes you have paid in. They say money from the Social Security trust little over $9 trillion. The Social Secu- that the Social Security tax is simply fund between now and 2015 and use rity trust fund contains nothing but another tax. The decision for any bene- those extra dollars, write an IOU to the IOUs. So when the Vice President says fits is simply an entitlement law, that Social Security trust fund, but use we are going to add the amount of this can be changed at any time by Con- those extra dollars to pay down that savings from interest savings on pay- gress, with the signature of the Presi- part of the debt that is held by the pub- ing down the debt held by the public, dent. lic and not to give you the whole load its, in effect, adding another IOU to the of hay on this. But roughly of the $5.6 ledger, but it does not accommodate b 1730 trillion dollar debt, there is $3.4 trillion how we are going to come up with the So no locked-in trust funds with your that is so-called Wall Street debt, the money to pay for it. That is the chal- name on it. Treasury paper, the Treasury bonds, lenge. That is the problem. These trust fund balances are avail- what Treasury does in its auction How do we come up with those dol- able to finance future benefit payments every week. lars? To keep paying promised Social H11434 CONGRESSIONAL RECORD — HOUSE October 27, 2000 Security benefits, the payroll tax will ing us the leadership or not coming up The 6 principles of saving Social Se- have to be increased by nearly 50 per- with a proposal that can be scored to curity, these are my principles. They cent or benefits will have to be cut by keep Social Security solvent. I think are Governor Bush’s principles. They 30 percent if we do nothing to change we have missed a great opportunity are Senator ROD GRAMS’ principles. I the plan, if we do not start getting a over the last 8 years. borrowed a lot of these charts from better return on some of those tax dol- I am hoping that the next President, Senator ROD GRAMS from Minnesota. lars coming in. whoever he might be, will be willing to Number 1, protect current and future In the Social Security task force, one make some of the tough politician de- beneficiaries; 2, allow freedom of of the witnesses said that within the cisions to move ahead on Social Secu- choice; 3, preserve the safety net. Pre- next 30 years with the decreased num- rity. serve the safety net, nobody has a pro- ber of people working in relation to re- Anyway, these are Bonnie’s and my posal or plan that does anything to the tirees, to cover Medicare, Medicaid and grandkids and they are getting ready insurance portion, to the roughly over Social Security, the payroll tax would for Halloween. I share these pictures a little over 2 percent of your Social have to go up to 47 percent. Uncon- with every grandparent hoping grand- Security tax, that is the disability in- scionable. parents will be just as aggressive as surance. That is what we are paying in We cannot allow that to happen. you are faced with the temptation of to cover the insurance in case some- What would happen to our kids who if somebody suggesting I am going to thing might happen to us. So nobody they are asked to pay that kind of pay- give you more benefits, the Vice Presi- has considered doing anything with roll tax in addition to the income tax dent does that, he increases Social Se- that; that stays totally as a Federal to accommodate the rest of the oper- curity benefits, or if you are faced with program. ation of government? how far we should go on prescription In fact, all of our proposals are op- I mentioned the Social Security drug coverage under Medicare, where tional. If somebody wants to stay in lockbox. It’s saving Social Security other taxpayers pay for those prescrip- the current system, they would have trust fund dollars for Social Security, tion drugs. that option. The way it is set up with and it keeps Washington’s big spenders We have to start looking at what are some suggesting that for every $4 you away from that money. the consequences on our kids and our make in investments, you would lose $1 The same as our 90–10 percent pro- grandkids. What is going to happen to less for every $4 you make in earnings. posal, where 90 percent is going to pay them 20 years and 30 years from now? In your investments, you would lose $3 down the debt of all of the surplus now, Selena and James are in Pittsburgh of Social Security benefits. the diminishing returns of your Social right now. Henry is on my farm in b 1745 Security investment. Addison with his dad, Brad, and his I mentioned the 1.9 percent average mom Diane. George is a tiger. Claire It comes close to us being able to do return. For most workers, the average and Nicholas and Francis and Emily. that, and I will get into what kind of is 1.9 percent, but for some workers, it Anyway, thank you for letting me returns we might look at with a com- is a negative return. For example, mi- share my grandkids. bination of index bonds and index norities do not get back their money. Keep your own kids and grandkids in stocks. If, you take a young black male, their mind as Congress and politicians make We make Americans better off, not average life span is 62 and a quarter all of these glorious promises that are worse off. We create a fully funded sys- years, and so that means they can pay going to leave a larger burden on our tem and no tax increase. And no cuts in to Social Security all their life, but kids and our grandkids and our future. in benefits for retirees or near-term re- they do not get anything back and get The other consequence is how far tirees. anything out of it. might we increase taxes as sort of the The personal retirement accounts, So some parts of our population are easy way to go for this gang down in they do not come out of Social Secu- severely disadvantaged by this current Washington. rity. It has bothered me a little bit system. I mean, if you are in a hard, So I’ll review what has happened to when some of the Gore campaign peo- physical work job, your lifespan nor- tax. In 1940, the tax rate was 1 percent ple have said that Governor Bush is mally is a little less. So Social Secu- for the employee and 1 percent for the taking a trillion dollars out of Social rity gyps you a little more. The aver- employer. The base was on the first Security and he is jeopardizing Social age again is 1.9 percent, the average $3,000, so the maximum tax was $60, Security recipients as he starts making market return over the last 50 years employer and employee $60. By 1960, it this transition into privately owned re- has been 7 percent. went up to 6 percent on a base of $4,800, tirement accounts. They are part of Let me describe it in a little different maximum tax for both employee and that account, and like I said, some way, because we have continually in- employer are $288 a year, not a piece, have said for every $7 dollars made, a creased taxes and you are putting more just $144 a piece. recipient would lose $6 of benefit. What into Social Security. If you have to re- In 1980, 10.16 percent, it was upped I say in my bill that I have introduced tire in 1940, you work 2 months to get again to cover benefits on the first is that assuming a 3.7 percent return everything back you and your em- $25,000. So the base was raised, the rate on a personal retirement account in- ployer put in, and it kept going up and was raised. It went to a maximum of vestment as a reduction in Social Se- up, until 1980, you had to live 4 years $2,631. Today it is 12.4 percent, Social curity benefits, and anything over a 3.7 after retirement to get it all back. If Security tax on the first $76,200, that is percent return would increase the ulti- you retired in 1995, you had to live 16 indexed to inflation, for a maximum mate retirement benefits. years after retirement to get every- tax of $9,448 a year. A worker will own his or her own re- thing back, that went to 23 years in As you saw, if we let this go, because tirement account. I think it is impor- 2005. of the reduced number of workers pay- tant simply because what I have seen Anybody that retires after 2015 is ing in their taxes in relation to the this body do in the past in terms of re- going to have to live 26 years after re- number of retirees, then the taxes ducing benefits. tirement if we do not make some could be phenomenal. Let us not allow And four, limited to safe investments changes in this program. that to happen. that will earn more than the 1.9 per- This is a picture I keep on my wall in Let us look at a pie chart, 78 percent cent paid by Social Security. my office and I ask myself how do I of families now pay more in the payroll I forgot I had that chart, actually, make the decisions on voting on any taxes than income taxes; too much, es- but this represents what is going to bill, because most every bill we vote on pecially as we make this transition out happen in the next 10 years, sort of rep- is a transfer of wealth, we take from for those families that have been on resenting Governor Bush’s plan to take somebody and we give it to somebody welfare to work and to hit them with $1 trillion out of Social Security over else. this kind of consequence. Tax needs to the next 10 years. The total revenues Our lack of willingness to move be reviewed if we are going to encour- coming into Social Security are $7.8 ahead on Social Security, I criticize age those people to start moving up trillion, total benefit costs are $5.4 tril- the White House certainly for not giv- that economic ladder. lion. It leaves a surplus of $2.4 trillion. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11435 The governor has said let us take $1 the length of this bar chart, if we are is simply complying with current law. trillion of this and start those private to invest either 2 percent of our payroll In 1983, they said the retirement age to accounts. They cannot be used for any- or 6 percent or 10 percent for 20 years, get maximum benefits between 2002 thing except retirement. They are we would get $55,000, $165,000 or $274,000 and 2017, over that time period, would going to be limited to safe invest- back after 20 years. After 30 years, if gradually increase from 65 to 67. So ments, and so in fact there are some in- we were to invest 10 percent, which that is in current law. That is a law surance companies now that will guar- would leave the disability part in ef- that they passed back in 1983. antee a return, a positive return on fect, then it goes up to $800,000. And if Benefit changes. The private invest- those investments. we were to go the full height and invest ment accounts using the trust fund Just covering a couple of the per- 10 percent over 40 years, then we would surpluses, it gradually reduces the in- sonal retirement accounts that would have at the end of 40 years, because of crease in benefits for high income re- offer more retirement security than the magic of compound interest that tirees. Couples receive a minimum of Social Security. If John Doe makes an our money grows every year and the 133 percent of the higher of each of the average of $36,000 a year, he can expect interest on that extra money that is couple’s benefits. Right now, it is 100 monthly payments of $1,280 from Social compounding all the time, would percent. It allows additional voluntary Security. If he were investing 6 percent amount to $1,389,000. At 10 percent in- PRAs. And for anybody that would like of that earnings, he would get $6,514 terest, of course, that would be $138,000 to look at the Social Security back- from his personal retirement account. a year. At 5 percent interest, half of ground charts or the legislation I have Galveston County, Texas. When we that, it would be $70,000 a year. introduced, go to one of the search en- started Social Security in 1935, it was So the question is with the fluctua- gines and type in ‘‘NICK SMITH’’ and the option of State and counties tion in the stock markets, is that a ‘‘Social Security.’’ But officially it is whether or not they wanted to opt out risk? Considering the fluctuations, www.house.gov/nicksmith/wel- of the Social Security system and have what if somebody were forced to invest their own pension retirement pro- come.html. last year or the first of this year and grams. Galveston County, Texas, was Mr. Speaker, I thank you for this take out money now? For short-term one of those counties that exercised time. I give the challenge to my col- investments, there are ups and downs. that option. The death benefits in Gal- leagues to move ahead on Social Secu- For long-term investments, there has veston County are now $75,000. If one rity. And most of all I give the chal- never been an average downer as low as dies as a worker in Social Security, it lenge to Mr. GORE and Mr. Bush to the 1.9 percent that Social Security would be a death burial benefit of $253. make the effort and take whatever ac- pays. On disability benefits under Social Se- This represents the last hundred tion is necessary to get a bipartisan curity, $1,280 a month. The Galveston years, and so this is a real rate of re- agreement in this House and in the plan for disability benefits, $2,749 a turn over and above inflation on stocks Senate to move ahead to make sure month. Social Security benefits after from 1901 to 1999. And we see they get that we save Social Security and that retirement, same as disability, on So- as high as about 12 percent, averaging we do it without increasing taxes and cial Security, $1,280. The monthly pay- 12 percent, and as low as about 3.6 per- that we do it without reducing benefits ment from the Galveston plan is $4,790 cent. But the average is 6.7 percent. for current or near-term retirees. a month. So, the key to this kind of invest- f This is another representation of San ment is leaving that investment in for Diego that also wanted to have their HEALTH CARE: THE UNFINISHED longer periods of time. I think the key own plan. A 30-year-old employee earns AGENDA in my bill I gave the option of index a salary of $30,000 for 35 years and con- The SPEAKER pro tempore. Under tributing 6 percent to his PRA, per- stock, index bonds, index global funds. These figures represent an index. But the Speaker’s announced policy of Jan- sonal retirement account, would re- uary 6, 1999, the gentleman from New ceive $3,000 a month in retirement. as we see, nothing is low as the 1.9 per- Jersey (Mr. PALLONE) is recognized for Under the current system, he would cent return that is now accommodated by Social Security. 60 minutes. contribute twice as much but receive Mr. PALLONE. Mr. Speaker, this only $1,077 under Social Security. So I think my time is coming to a close, but I wanted to briefly go over the pro- evening I would like to take to the well under the current Social Security sys- again and talk about health care tem, he would contribute twice as visions of my Social Security bill. We issues, because I do believe that when much but receive almost two-thirds have no tax increases, no transition we talk about health care issues, that less. costs. It balances the Social Security The U.S. trails other countries. I rep- system for 75 years, as scored by the this is really the unfinished agenda resented the United States at an inter- Social Security Administration. Newly that this Republican Congress has not national conference in London a few hired State and local government em- addressed. years ago and I was amazed how much ployees would join, but it allows the Of course, there is still time. We are other countries are moving into get- private investment account with- still here. We are here over the week- ting real returns on those investments. drawals at age 60. What I do, instead of end, are probably going to be here a In the 18 years since Chile offered the any kind of increase in retirement age, good part of next week. There was an PRAs, 95 percent of the Chilean work- I build in an incentive. So if workers effort yesterday when the tax bill was ers have created accounts. Their aver- are 65 years old and eligible for retire- brought up by the Republican leader- age rate of return has been 11.3 percent ment and decide to put it off, for every ship, to suggest that somehow some of a year. Australia, Britain and Switzer- year they put it off, they would get an the health care issues were being ad- land offer workers PRAs. 8 percent increase in their benefits. dressed in some minor way. In Britain, here is a socialist country That is actuarially sound. Mr. Speaker, what I wanted to begin that is much further ahead than we So if we keep working and keep pay- tonight was talk about how that bill are. Two out of three British workers ing in our Social Security tax, the ben- really does not accomplish anything enrolled in the second tier Social Secu- efits for every year we put off retire- significant to help the average Amer- rity system choose to enroll in PRAs. ment, and we are living longer, ican with the health care problems British workers have enjoyed a 10 per- healthier lives, we would get an 8 per- that they face and with the hospitals cent return on their pension invest- cent increase in those benefits. So it is and the nursing homes and the home ments over the past few years. The our decision with an incentive of health agencies that are trying to pro- pool of personal retirement accounts in whether to have our retirement age in- vide quality health care. Britain now exceeds nearly $1.4 tril- creased, and being able for some people Then after that, I would like to get lion, larger than their entire economy to retire even earlier when it is actu- into the three major issues that most and larger than the private pensions of arially sound. of my constituents and most Ameri- all other European countries. Retirement age is automatically in- cans talk to Members of Congress Based on a family income of $58,475, dexed to life expectancy. It increases about, and that is trying to reform that is a figure that came out nice for retirement age 2 additional years. That HMOs, trying to provide a prescription H11436 CONGRESSIONAL RECORD — HOUSE October 27, 2000 drug benefit for seniors, and trying to port the Patients’ Bill of Rights, who money, and that is fine. They can con- deal with the 42 million Americans who support HMO reform, who support hav- tinue to drop out of the program if now have no health insurance. ing a prescription drug benefit under they want to. It is blatantly unfair. It Let me start with this tax bill that Medicare. So this is the sort of unholy is just basically pandering to special was voted on and that the Republican alliance here that manifested itself interests. leadership brought up, because they yesterday with this tax bill to give Now, let me go beyond that to the suggested, I think inaccurately, that more money back to the HMOs. next issue. Why is it that so much of what they were trying to accomplish Now, let me talk a little bit about this money is going to HMOs again was to deal with some of the problems this bill because I just want to show when so few seniors are in HMOs that that occurred with the Balanced Budg- how unfair it was and how little it are in Medicare? We know that we have et Act which was passed a few years would accomplish in terms of address- greater needs in a lot of other areas. ago which cut back significantly on the ing the health care needs that Ameri- The hospitals do not get that much. money that was going to hospitals, to cans face today. Hospitals, many have closed. I had one home health care agencies, to nursing First of all, and just to give my col- in my district in South Amboy that homes, and to HMOs, and that the re- leagues some figures about the amount closed within the last year or so. Nurs- imbursement rate from the Federal of money that was going to the HMOs, ing homes. Many nursing homes are Government, from Medicare, Medicaid, the Republican plan, this tax bill, in- bankrupt. I visited with some. I went and some of the other Federal pro- creases payments to Medicare HMOs by to a nursing home last week, one of the grams that provide funding to these fa- over $10 billion over 5 years and over days, and talked to some of the resi- cilities or to these programs that pro- $30 billion over 10 years, despite the dents. I found out from the operators vide health care services, needed to be fact that only 16 percent of Medicare that there are, I do not know what the readdressed. That there was too little beneficiaries are enrolled in HMOs percentage is, but a significant per- of a reimbursement rate under Medi- right now. centage of the nursing homes in the care and Medicaid and that more We know that what the HMOs have State of New Jersey are now bankrupt, money needed to go back to these pro- been doing is they have been dropping and some of them are closing. Home grams or facilities if they were going senior citizens left and right. As of health care agencies, very little money to provide a quality health care. July 1, I think there are over 700,000 under this tax bill. These are the pro- The problem, though, was that in seniors across the country that have viders. making these adjustments in this tax been dropped by HMOs to provide their Remember, the HMO is an insurance bill, the Republican leadership essen- Medicare benefits over the last few company. They are getting this money tially gave most of the money to HMOs years. So a lot of these HMOs got into now from this windfall from this Re- in a fashion that I find totally objec- the Medicare program, and then they publican tax bill, and they are going to tionable, because the HMOs were not dropped the seniors. go out and they are going to pay the only getting huge amounts of money Yet, over one-third of the allocation hospitals or they are going to pay the back from the Federal Government, in this tax bill, over one-third of the al- nursing homes or they are going to pay but were really not caused to do any- location for health care, that goes back the providers of health care services. thing for the average American in to health care providers, goes to HMOs. They are not providing the services. order to receive those funds. Only 16 percent of Medicare bene- But, yet, we shortchange the pro- I said today in a press conference ficiaries are enrolled in HMOs. My col- viders. We do not give the money to that we had outside on the lawn of the leagues get some idea there of the in- the hospitals, some of which are clos- Capitol with some of my Democratic equity here. ing. We do not give the money to the colleagues that the reason this was Now, in addition to that, we know nursing homes, some of which are clos- happening, the reason why the tax bill that a lot of these HMOs have dropped ing. We do not give the money to the was so favorable to the HMOs, is be- out of Medicare, so one might say to home health care providers who are di- cause basically the Republican leader- oneself, well, if they are making an ar- rectly providing services. ship has bought into the HMOs and the gument they need more money to stay It makes no sense. It makes no sense special interests that are associated in Medicare, then why, when we give at all unless one looks at it from the with the HMOs and supports them be- them this windfall, these billions of point of view that the HMOs are special cause of the special interest funding dollars, this 30 percent of this overall interests that are doing the Republican that is made available. budget, then why do we not require leadership a favor and that are railing against HMO reform and a Medicare b that they come back into Medicare and 1800 provide certain benefits? prescription drug benefit. What we see the HMOs doing is that Well, that makes sense. But that is Now, let me go to the last thing, then the HMOs are leading the battle not what the Republican leadership I am going to get off the issue of this against the Medicare prescription drug did. There was no guarantee that these tax bill, but I do think it is important; benefit and leading the battle against HMO plans will not drop out of commu- and that is that the Republican leader- HMO reform. nities or Medicare altogether when it is ship said, well, one of the things we are The Democrats and some Repub- no longer in their interest to remain, going to do in this tax bill is we are licans have tried to pass a bill called as many of them have. There is no going to try to address the problems of the Patients’ Bill of Rights. We know guarantee that they will put new the uninsured by giving what we call it as the Norwood-Dingell bill. It is bi- money towards maintaining benefits an above-line deduction for health in- partisan, but it is opposed by the Re- rather than shoring up their bottom surance, a tax deduction. publican leadership. The Norwood-Din- line. Okay. Well, we know that there are gell bill would make significant re- So we could have said, okay, we will 42 million or so Americans now that do forms to address the abuses of the give HMOs all this money in the tax not have health insurance. Now, these HMOs. But the HMOs are fighting that bill, but they have to sign a contract are working people because, if one is tooth and nail as well as the prescrip- saying they are going to stay in Medi- really poor and one is not working, one tion drug benefit. care for 2 years or 3 years or even 1 is eligible for Medicaid, and the Fed- So I think that basically what hap- year. eral Government pays for one’s health pened here is the Republican leadership We could have said, okay, we will insurance. sides with the HMOs because they are give them this money, but they have to But if one is in a low-income bracket basically against the Medicare pre- make sure that they provide at least a but one is working, or even middle-in- scription drug benefit and against the level of benefits and prescription drugs come bracket, it depends, and one is Patients’ Bill of Rights. for these 16 percent of seniors that are working, a lot of times one’s employer We also see that the HMOs are spend- on Medicare that they are providing will not provide one with health insur- ing a lot of money funding negative ads now. ance because maybe it is costing him against those individuals, Democrats But we do not have that in the bill, too much, or whatever the reason, and and against some Republicans who sup- nothing like that. Just give them the one has to go and try to buy one’s October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11437 health insurance on the private mar- ance, first of all, because most of them Now, that may be the individual who ket, or maybe the employer has some do not have incomes where that deduc- goes to the hospital and finds that the kind of a plan, but it is very expensive. tion is significant enough to be able to doctor says to them that they need to Whatever the reasons, these 42 million use it to buy a health insurance policy stay a couple extra days in the hospital people are pretty much working people which in the private market may be after recuperating from a particular that do not have health insurance on $3,000 to $4,000 a year. operation. Or it may be the individual the job or cannot afford to buy it in the Secondly, what we find with this who has the need for a particular oper- private market. above-line deduction is that it creates ation, and the HMO says they are not So what the Democrats have been a disincentive for employers to provide going to pay for it, they are not going saying, what Vice President GORE and health insurance. As a consequence, a to cover it. President Clinton have been saying, let lot more employers may decide not to There are so many situations. There us gradually try to address some of the provide health insurance and, instead, are situations where people, their HMO groups that make up this uninsured. actually increase the ranks of the un- plans say that they cannot go to the We know the largest group is the chil- insured. local hospital, they have to go to a hos- dren. We know the second largest The only people that really are able pital 50 miles away. They may be in a group is near elderly people, between 55 to take advantage of this are people situation where they want to go to the and 65, that are not eligible for Medi- that already have health insurance local emergency room, and they have care yet. These are some of the groups. that are making a decent income and to go to the one 50 miles away; other- What the Democrats have been doing, can take advantage of the deduction. wise, it is not covered. and we actually did get the support of But if one is trying to increase the These are the kinds of abuses that we the Republicans eventually, we had to number of insured people and take the see, not every day, but on a fairly reg- drag them along on this, but we even- uninsured off the rolls, this accom- ular basis. A lot of people come to my tually did get the support of the Re- plishes virtually nothing. It just helps office and complain about these things. publicans to pass a kids health initia- people who are in a higher income Now, what the Democrats said is, tive a couple years ago that gradually bracket and who already have health well, we want to address these abuses. has been getting to the point where we insurance. Generally, the plan that the Democrats think about half of the children that Again, it sounds so critical. The Re- put forth, with some Republicans, the are uninsured will have some sort of in- publican leadership brought up this bill Patients’ Bill of Rights, the Norwood- surance with money paid for by the yesterday, or the day before when they Dingell bill, has two major ways of cor- Federal Government. brought it out here; and they said, we recting the abuses in sort of an overall Well, what Vice President GORE has are going to try to do all these things. sense. been saying is that he wants to in- We want to address some of the health One is that it provides that, if a deci- crease the income eligibility so that, care concerns of the American public sion has to be made about what kind of right now, if one is, say, 200 percent of with this bill. care one is going to get, that that deci- poverty and one is eligible for this kids But whether it is the question of the sion, rather than being made by the in- care program, we will raise it to 250 uninsured, it is ineffective. Whether it surance company, is made by the phy- percent of poverty or 300 percent of is the question of addressing the pre- sician and the patient. The definition, poverty and try to get more of these scription drug prices, it is ineffective, if you will, of what is medically nec- lower middle class people who are because it does not provide any guaran- essary, the hospital stay, the par- working and their kids into this CHIP tees one is going to get prescription ticular operation, of what is medically or kids care program. drugs under any kind of HMO plan. necessary is made by the physician and Well, we found, of course, that the Certainly it does not even address the the patient, and not by the insurance Republican leadership does not want to effort to reform the HMOs with the Pa- company. do that. That would have been the log- tients’ Bill of Rights that the Demo- The second thing it does in a broad ical thing to do in this tax bill would crats have been talking about. sense is the Patients’ Bill of Rights be to expand eligibility for the kid care So I just want to say, once again, we says that, if one is denied care because program. see the Republican leadership aligned the insurance company says one can- Or another thing that we could have with the special interests, the drug not have that operation, for example, done, and this is another thing that companies, the HMOs, the health insur- then one has to have an ability to re- Vice President GORE has proposed and ance companies, not doing anything dress that grievance. the Democrats here in the House, is to that is going to help the average Amer- The Patients’ Bill of Rights does it in enroll the parents of those kids in the ican. essentially two ways. One, it says that health insurance program, because we Now, I wanted to talk a little bit, be- one can go to a board outside the juris- know that those parents, if they can- cause I think it is important, I men- diction or outside of the umbrella of not get health insurance for the kids tioned before earlier that there are the HMO, an independent review board other than through the Federal Gov- three major health care issues that are that will look at the case and decide ernment, they are not able to get it for not being addressed by this Congress. whether the HMO made the wrong deci- themselves. We only have a few more days. Every sion in denying one that care. Absent In this tax bill, we could have put a one of these issues could have been ad- that or sort of an appeal from the re- provision there for the near elderly. dressed and could have come to the view board is that one can go to court What the Democrats have been saying floor. The Democrats have been push- and one can bring suit. These are really is they would like to see the people be- ing for them, for these issues, and for very simple things. tween 55 and 65 be able to buy into legislation to address these concerns to Basically what happened here is that Medicare. At their own expense, they come to the floor. It appears in the the Democratic leadership, the Vice would buy into Medicare. dying days of this Congress that these President, the President got together, But, no, the Republican leadership issues are simply not going to be ad- and we were able to get some Repub- does not want to do any of those dressed. They should be. It is not fair. licans on the other side, initiated by things. This is what they said. They It does not address the concerns of the Republicans that were physicians, the said, we are going to give you an average American. gentleman from Georgia (Mr. NOR- above-line tax deduction. Now, the first one I want to talk WOOD), the gentleman from Iowa (Mr. I am not going to get into all the de- about is the Patients’ Bill of Rights, GANSKE) and some others, to join us tails of that, but basically that has two HMO reform. We know from our own and put together the Patients’ Bill of problems. First of all, very few of the constituents, I can certainly say for Rights, the Norwood-Dingell bill. people who are now without health in- my constituents, that one of the big- The Republican leadership opposed surance, who are sort of lower middle gest problems people face is, if they are it. The Republican leadership did not class category, very few of them will be in an HMO, oftentimes they are denied want to bring it to the floor. We went able to take advantage of this deduc- access to the care that they need, that out and got a discharge petition, which tion and go out and buy health insur- their physician says that they need. is a way of coming up to the well here H11438 CONGRESSIONAL RECORD — HOUSE October 27, 2000 and getting almost a majority of the governor, Governor Bush, vetoed that ure of this Congress if we fail to pro- Members to sign a petition saying we bill. We were at the end of the session vide our seniors some help on prescrip- want it brought to the floor. and had no opportunity to override, tion drugs. The gentleman from New The Republican leadership eventu- which we certainly would have done Jersey and the gentleman from Maine ally brought it to the floor. It passed had time not run out on the session. (Mr. ALLEN), who is here with us to- with almost every Democrat and But we did see the legislature in 1997 night, have all worked diligently on maybe a third of the Republicans. It come back and pass similar legislation. this problem. There is no reason in a went over to the Senate where it was And part of that the governor signed, country like ours to think that our killed by the Senators who will not and another part, relating to account- citizens have to pay prescription drug even let it come out of conference be- ability, he let become law without put- prices that are twice as high as anyone tween the two Houses. ting his signature on the bill. else in the world pays. But, again, this is an important piece In any event, we found ourselves in a I think, frankly, when it comes right of legislation, just as important as a position, after many States adopted pa- down to it, the inaction of this Con- prescription drug benefit under Medi- tient protection legislation, of seeing gress can be traced straight to the in- care, just as important as trying to ad- lawsuits arise, filed by the big insur- fluence of the big drug manufacturers dress the problems of the uninsured; ance companies and the HMOs, alleging over some in leadership in this Con- and we find that the Republican leader- they should not have to be bound by gress. Because the truth of the matter ship in this House of Representatives these State protections that many leg- is, the drug companies have spent mil- simply will not let any of these good islatures adopted, simply because, they lions of dollars trying to defeat our ef- measures move forward. said, they were multi-State plans and forts to put a prescription drug benefit b 1815 covered by Federal law, which pre- under Medicare. And it is easy to un- empted all State regulations. So that derstand, because they know that if we They have stopped them, and they is why in this Congress many of us ever have a prescription drug benefit are still stopping them in the waning have united together to try to provide under Medicare, the government is not hours of this Congress. protection for all patients, whether going to pay the same high prices that I see I have been joined this evening they are covered under a State plan or a senior is having to pay today when by two of my colleagues who have been whether they are covered under a they walk in a local retail pharmacy. out front on all of these issues over the multi-State plan that does not have They will not pay those kind of prices. last 2 years, and even beyond that, and any regulation or patient protection The big drug companies have it their I am very pleased to see them here. unless we in the Congress pass a Fed- way now and they do not want to give I will first yield to my colleague eral law to protect patients. it up. from Texas (Mr. TURNER), who has done Thus far, as the gentleman has point- I was very proud when the Vice so many things, but I think probably ed out so clearly, even though we have President made as a part of his agenda the best example I saw was the period passed a good strong, bipartisan bill in a prescription drug benefit under Medi- of time in his district where he spoke this House, the Senate watered it care to provide affordable prescription to the different senior groups and had down, and that bill is stuck in con- drug coverage for seniors. The truth is them bring in their prescription drugs ference committee because the major- we cannot wait another 4 or 5 years to and tell him about the problems that ity, who passed that bill in this House, provide that kind of coverage. And this they faced with prescription drugs, and were not appointed to that conference idea that Governor Bush has espoused actually brought the pill bottles down committee. That bill has never been of giving a little money to the States here, and suggested the rest of us do moved forward. I think that is a great to just take care of the low-income the same, and we very dramatically disservice to the people of this country, seniors, that is only half a loaf. The showed, along with the gentleman from and I am hopeful that we can see ac- truth is, whether or not an individual Texas, about what kind of problems the tion soon on a good strong patient’s is low-income or not does not deter- average senior faces in Texas and in all bill of rights. mine whether or not they are having a of our districts. I also believe it is a failure of this hard time paying for their prescription So I yield to the gentleman from Congress not to deal with the problem medicines. It is how sick an individual Texas at this point. of prescription drug coverage for our is as well as how big their pocketbook Mr. TURNER. It is good to join my seniors under Medicare. I was looking is. colleague here on the floor tonight to at a Texas paper the other day, the I guaranty my colleagues there are talk about the important issues that Dallas Morning News, that had a long many middle-income seniors in this are still pending before this Congress article talking about the problems that country today that have high prescrip- that have not been acted upon. our senior citizens have faced with af- tion drug costs, and they cannot afford Here we are, very near the end of this fording prescription drugs. This article them. Even though they may be classi- session of Congress, and still we have is entitled ‘‘A Dose of Reality.’’ It tells fied as middle income seniors, they been unable to see the patient’s bill of the stories of three seniors. Their sto- simply cannot afford those six and rights put into law, which is so very es- ries are like the many that I have eight and twelve prescriptions they are sential to all Americans to ensure that heard in my district over the past 2 and having to fill every month. Those peo- they are able to make their medical de- 3 years, since we have been working to ple also need help. cisions with the consultation of their try to get some action out of this Con- And if we all believe in Medicare, and doctors and not have that interfered gress on this issue. everybody around here seems to say with by the insurance company clerks Those stories, over and over again, they believe in it, then there is cer- that work for the HMOs. I think it is tell about seniors who are taking six, tainly nothing wrong with bringing it way pastime for Congress to act on this eight, twelve prescriptions a month up to the 21st century to be sure that very, very critical issue. and are having to make the difficult it covers prescription drug costs. I I had the opportunity when I was in choice of do they fill their prescription think, frankly, when President Lyndon the Texas legislature in 1995 to carry or do they buy their food or pay for Johnson, from my State of Texas, the first patient’s bill of rights. It their utilities or pay the rent. And in a signed Medicare into law in 1965, it passed overwhelmingly in the legisla- country as prosperous as we are and as would have had a prescription drug ture, had only 4 no votes, as I recall, compassionate as we would like to say benefit if prescription drugs had been out of 31 members of the State Senate. we are, one would think that we could as large a portion of our health care It passed by voice vote in the House. provide a prescription drug benefit costs as they are today. We recognized early on, as many under Medicare to allow all of our sen- So these are the items that this Con- States did, that we needed patient pro- iors to be able to afford their prescrip- gress has failed to deal with, and I am tection to be sure that doctors and not tion medicines. proud to be among those on this floor insurance companies are making med- I am hopeful that this Congress will tonight who have worked hard to try to ical decisions affecting our lives and act on this issue before we adjourn, be- bring this kind of prescription drug our health. Unfortunately, in 1995, our cause I think it is a sign of a true fail- coverage and this kind of legislation to October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11439 protect patients enrolled in managed care which shows that between July 1 through Citizens for Better Medicare, care, because the American people of this year and September 30 of this through the U.S. Chamber of Com- want it. And I do not think they under- year they spent $8.5 million running merce, through other business groups stand the influence of the insurance in- TV ads around the country. And if my is not reliable. dustry and the drug industry that is colleagues look at what those TV ads Basically, we have been fighting for keeping us from being able to get a ma- are trying to do, they are trying to seniors to get them lower prices and jority of this Congress to support this make black white and white black. coverage for prescription drugs for 2 legislation. What they are really doing is saying years with no help from Republicans on So we are here tonight to sound the that the people who have been fighting the other side of the aisle. And now the call for action once again, and I am for a Medicare prescription drug ben- effort is, of course, by the pharma- proud to join with the gentleman. efit are terrible and are not for seniors, ceutical industry, they can spend Mr. PALLONE. Mr. Speaker, I want and the people who have been fighting enough money on confusing television to thank the gentleman from Texas. I against a Medicare prescription drug ads maybe. Maybe they can confuse the think that when he talks about the benefit for seniors are heroes. American people enough as to who is substance of all this, and obviously If we look at the legislation that we really on their side to get them that is crucial and that is why we are have been working on, the bill that I through November 7. here tonight, but more than anybody introduced, that the gentleman from Mr. PALLONE. Mr. Speaker, I want else the gentleman has brought home Texas (Mr. TURNER) has worked on, to develop what my colleague said a to us, with the things he has done in that the gentleman from New Jersey little bit if I can maybe go back and his district, about how this is really (Mr. PALLONE) has been an advocate for forth a little here because I think it is something that affects the average per- for a long time, it is very simple, Pre- so true and so important. son, and that our constituents are suf- scription Drug Fairness for Seniors First of all, with regard to this spe- fering, that our seniors are having Act, that bill does not have any signifi- cial interest money, I wanted to say problems getting prescription drugs be- and I have said many other times on cause of the price and because of the cant cost to the Federal Government. No new bureaucracy. Yet we have 152 the floor that I was a victim of this 2 price discrimination. years ago in 1998 when I was running We are not just talking about some- cosponsors and not one Republican. for election. At the time, of course, I thing that is pie in the sky. This is Not one Republican will stand up and was an advocate for HMO reform and I something that is real for the average support giving a discount to Medicare was an advocate for the health care citizen. beneficiaries so they can get the advan- I will now yield to my other col- tage of the best price to the Federal agenda that we have talked about here league, the gentleman from Maine (Mr. Government. Not one Republican is tonight. And as a consequence, a group ALLEN), and just point out that he, willing to stand up and support that was formed and at that point they did probably more than anybody else, has approach. not have any disclosures, which the brought out this whole issue of price When we turn to the Medicare pre- gentleman is pointing out now about discrimination, not only between dif- scription drug benefit, which is where how they have to disclose and he has ferent Americans but even by compari- the government would help to pay for those documents from the FEC was not son to prices abroad. So I yield to the part of, not all but 50 percent of the true before. gentleman. initial cost of prescription drug prices Basically, a group was formed to do Mr. ALLEN. I thank the gentleman for seniors, my recollection is that we an independent expenditure against me for yielding to me and for his leader- do not have one single Republican on that was primarily financed by the ship on this issue, along with the gen- that bill; am I right? health insurance industry, by the tleman from Texas (Mr. TURNER). We Mr. PALLONE. That is true, we do HMOs and by the pharmaceuticals. And have been going at this now for over 2 not. they spent about $5 million in these years. Mr. ALLEN. Yet if we listen to the independent ads, about $3 million on It is interesting to watch in the pub- debates, George W. Bush said during New York TV, which is the most expen- lic and in the debate in this chamber the debates that he wanted to do a sive market in the country. how the issue has taken form. It now Medicare prescription drug benefit. And of course, even though they were has gotten so fuzed up, so complicated Three months ago there was no plan financing it, they did not talk about that we cannot blame people for having from the Republican nominee George the health care issues. I do not even re- a tough time figuring what is going on, W. Bush. He did not have a plan for member what they talked about. I when under the surface it is actually prescription drugs. Now he has one. think it was that I was raising taxes or very simple. He adopted it based on what the Re- something unrelated, if you will, to the Seniors pay the highest prescription publicans in this chamber did. And health care issues. I had to bring out drug prices in the world, and the adver- what was that? That was a plan that the fact that this money was coming saries, the people who are trying to the pharmaceutical industry loves, and from the health care industry, from the keep them paying the highest prices in only the pharmaceutical industry pharmaceutical industry, and why they the world, is the pharmaceutical indus- could love, because it was a plan that were doing it because I was supporting try. The gentleman was talking a mo- provided government subsidies to in- HMO reform and supporting a prescrip- ment ago about the special interests. surance companies so that they could tion drug benefit and supporting the Because of the law that this Congress provide private sector health insurance things that we talked about this passed dealing with so-called section to cover prescription drugs. evening. 527 organizations, we now have infor- Little detail. Small problem. The No disclosure. Corporate money, mation that we did not have before. health insurance industry has said what we call soft money, not the indi- This group called Citizens for Better loudly and clearly and repeatedly, we vidual kind of contributions. If people Medicare is a group that has been out will not provide stand-alone prescrip- want to contribute to us, they have to there running ads now for about a year tion drug coverage for seniors. So who make an individual contribution, they and a half now around the country. It is the prescription for? The answer: It have to disclose it. The maximum is a is a wonderful name, is it not, Citizens is for Republican candidates. thousand dollars. This was all cor- for Better Medicare? The trouble is b porate. This was hundreds of thousands they are not citizens, it is the pharma- 1830 of dollars adding up to $5 million. ceutical industry, and they are not for Get them past November 7 and then This goes on all the time. I mean, I better Medicare because they do not we will deal with it. But by then it will still think that even with the disclo- want Medicare to provide a prescrip- be too late to deal with seniors to give sure that the gentleman is talking tion drug benefit. They want insurance them what they really need. They keep about there is still a lot ways to get companies and HMOs to provide that coming back. The way to do this is real around this under current law. benefit. simple. Follow the money. Follow the Mr. ALLEN. Mr. Speaker, let us turn But we just have a report filed with money. And the special interest money just for a moment to another special the FED from Citizens for Better Medi- from the pharmaceutical industry interest, the HMO industry. H11440 CONGRESSIONAL RECORD — HOUSE October 27, 2000 This is a report done by the General plan is yanked and we get something And why are we promoting seniors Accounting Office that came out in Au- that puts 40 to 47 percent of the benefit going into HMO Medicare+Choice plan, gust of this year, August 2000. The title of that give-back straight to the HMO whether, as the gentleman from Maine is ‘‘Medicare+Choice.’’ That is the industry, we have really got to wonder. (Mr. ALLEN) pointed outside, the Gen- managed care plan. That refers to man- The truth is this is again another eral Accounting Office, the bipartisan aged care plans that operate within the case of whose side are they on. They agency that advises this Congress, tells Medicare system. This was an approach can be on the side of seniors and can us that Congress is already spending to get HMOs into Medicare that the they help their providers, but they can- more money allowing seniors to be en- Republicans pushed very hard in 1997. not do that and also be funneling rolled in HMOs than they would if we It was incorporated into the Balanced money to the HMOs. just let them be in regular Medicare. Budget Act. I think a lot of us hoped Mr. TURNER. Mr. Speaker, I just So we have got an issue before this that it might work, that it might drive want to tell the gentleman that I think Congress right now, and I am confident down costs. the medical providers and the hospitals the President is going to veto that bill But what this GAO study says, the across this country have figured out when it ever reaches his desk. Because title is ‘‘Payments Exceed Cost of Fee- what was wrong with that bill that the the truth of the matter is I have got for-Service Benefits Adding Billions to Republican majority passed on the hospitals in my district that are about Spending.’’ floor of this House the other day. to close because we have not provided This report concludes that although I have got a letter here in my hand enough money to them under the Medi- HMOs were allowed to come into Medi- that came in just a couple of days ago. care reimbursement plan. care on the theory that it would help This is from a hospital administrator I just do not think it is right to be reduce costs and expand benefits, it in my district, George Miller. George is lining the pockets of the insurance turns out that what has happened is a real fine administrator of Christus companies by increasing dramatically the costs are higher for Jasper Memorial Hospital down in Jas- almost half of the money going into Medicare+Choice, for managed care per, Texas, in my district. Here is what Medicare is going to these HMOs to and Medicare, than they are for the he writes me. allow them to increase the bottom line traditional fee-for-service benefit, the He says, ‘‘We are extremely con- profit for them while I have got hos- way Medicare has operated. So at this cerned because, in the present language pitals in rural East Texas that are point you have to say what is the pur- in the bill,’’ referring to the one that going to close because we are not put- pose of having HMOs operate under was passed yesterday, ‘‘it provides one- ting the money into the Medicare pro- Medicare. third to one-half of the Balanced Budg- gram that will reimburse them for Now, look at what we did just yester- et Act relief,’’ that is the money, one- their services. day. Just yesterday, the Republican half to one-third of the money, ‘‘over 10 Instead, this Congress wants to give majority brought to the floor of this years would go to HMOs, leaving less it to the big insurance companies. That House a tax relief bill which had at- for providers and beneficiaries in East is just not right. And I am proud the tached to it a whole array of different Texas, such as Christus Jasper Memo- President has already spoken out say- things, but one of the things was what rial Hospital.’’ ing he is not going to stand for it. And we have been calling in Medicare a Further, he writes, ‘‘The bill does not I think sooner or later the American BBA give-back, a Balanced Budget Act prohibit HMOs from dropping benefits people are going to figure out who is on give-back. or leaving the community, as they their side in this Congress. And I guar- Why was that brought to the floor? A have done here in Texas and left many antee you, it is not the insurance com- lot of us had supported an earlier bi- of our patients without HMO coverage. panies and the big drug companies and partisan version. Because when we go We need your help.’’ those who are dancing to their tune. back to our districts, we hear from our This is from my hospital adminis- Mr. PALLONE. Mr. Speaker, I just hospitals, we hear from our home trator in my district in Jasper. want to follow up on what the gen- health care agencies, we hear from our I want to tell my colleagues, I have tleman from Maine said. long-term care agencies that what hap- had town meetings in my district dur- First of all, I have to say to my col- pened in 1997 was too severe, the cuts ing the August break and I went league from Texas that he is always so have been too great, there has got to be around to talk about the problem of good at bringing these issues down to some restoration or we are going to prescription drug coverage for seniors, the average person and how it affects find hospice programs, hospitals, nurs- and what I was confronted with was his hospitals and how it affects his sen- ing homes, and home health care agen- seniors who were angry because they iors. I want to keep saying over and cies simply going out of business. had just received their letter of can- over again, that is why we are here So the bill that comes to the floor cellation from their HMO, seniors that talking about this because it directly yesterday is a bill that gives $11 billion had signed up for Medicare Choice HMO affects our constituents. back not to hospitals and the other plans solely because the HMOs said, we But I wanted to go back to the GAO providers but to the HMOs over the will put on a little prescription drug report that the gentleman from Maine first 5 years and $34 billion to the coverage for you if will you go with us (Mr. ALLEN) mentioned. Because I HMOs over 10 years. and get off traditional Medicare. mean, he just brought that out so well. Now, what good does this do? Abso- As long as we cannot get this Con- I mean, the problem here with this tax lutely none. It does no good, because gress to approve a prescription drug bill that the President is going to veto, the money just goes to the HMOs. benefit under Medicare, those HMOs we are giving all this money to the There is no accountability. There is no have a real strong leverage to appeal to HMOs and they are already costing the requirement that an HMO stay in a those seniors. That is another reason Federal Government more than the particular State, that it serve people it we are having a hard time putting a traditional Medicare fee-for-service. is serving now, that it serve people prescription drug benefit under Medi- And I can think of at least three rea- that it is not serving now. It is simply care is because not only do the drug sons why. funneling money to an HMO industry, companies oppose it because they are First of all, what do they do with which just coincidentally gave $4.8 mil- afraid they cannot charge the same that money? They are taking it and lion to the to the Republican party and high prices to the Government as they they are paying for political ads its candidates in 1999 through June of are doing to our seniors, but the insur- against the people that do not support this year. ance industry knows that they are their interests. They are using the Now, we have to be suspicious. When sunk if we put a prescription drug ben- money to pay for the administrative we have our providers, the hospitals efit under Medicare because they have costs of their CEOs’ bill salaries, vaca- and others saying we have to have been selling seniors HMO Medi- tions, who knows what. some restoration of these funds, when care+Choice plans with the benefit of The other thing that I was thinking we have a bipartisan group working on some prescription drug coverage and if about, too, is advertising. In my dis- a plan and it is moving along well, and they lose that advantage, our seniors trict I have been to some of these then at the last minute that bipartisan are going back to regular Medicare. meetings where they do all of this huge October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11441 advertising in the papers. I remember what AL GORE proposed, as a way to seniors under Medicare, patient protec- once there was a local diner and they deal with prescription drugs. tion legislation to be sure everyone en- had all the seniors come to the diner So I look at this so-called tax relief rolled in managed care gets to make and they were giving them lobster din- bill, this Balanced Budget Act give- their medical decisions with their doc- ners if they came to the diner to sign back that we passed yesterday, and I tor, not having some insurance clerk up for the HMO. So that is where all know that that $34 billion over the interfere, and to think that we cannot that money is going for all these other next 10 years is not going to the State figure out how to accomplish these costs. of Maine, it is not going to east Texas, things in this Congress is really more The amazing thing is that the hos- it is not going to hospitals, it is not than many of us here can understand. pitals and the nursing homes and the going to home health care agencies, it So I am just hoping and praying that home health care agencies that are not is not going to nursing homes; it is just we will get the kind of legislation that getting the money from this tax bill, or going straight into the pockets of the the American people want and need. I getting much less, they are more direct HMOs. was here yesterday, sat right up here in providers. I mean, that money is going That is fundamentally wrong, fun- the gallery with a young family, hus- almost directly to them. Medicare fee- damentally wrong. Here we are, trying band and wife and a young daughter for-service has very little overhead. So to make sure that seniors, for whom from Newton County in my district. they are just paying the money to health care is a real worry, the people The young daughter has leukemia. them to take care of the people’s I talk to, are very worried that their I sat there and listened to the father health needs as opposed to all this money is going to run out. They are talk about their experience with man- other nonsense that the HMOs are very worried they are just not going to aged care. He even told me about his doing. be able to take the prescription drugs experience of his wife, who needed sur- Mr. ALLEN. Mr. Speaker, the gen- that the doctors tell them they have to gery a few months back and had to tleman talks about the overhead. It is take. With all the anxiety, what this fight her managed care company to get very simple. Medicare is equitable. It Republican Congress is doing is cater- the surgery approved, and, after they covers everyone all over the country ing to the special interests, the phar- finally got it approved and she had it, who qualifies for it. Medicare does not maceutical industry and the HMOs. It they had to fight with the same HMO pick up and leave the State if it is not is wrong and it needs to change. to get the bill paid. There are people all across this coun- making money. This is a program that Mr. TURNER. If the gentleman will try that can tell similar stories about has continuity and predictability and yield, it is really amazing when you dealing with their HMOs, and I think stability. And get what? Its adminis- really get down and look at the hard, this Congress must act. I am proud to trative costs are around three percent. cold facts of the bill that was passed in be here tonight with my colleagues to When they go to the private sector to this House yesterday, that gave almost continue the battle that ultimately we these HMOs and these insurance com- half of the additional funding for Medi- will win, because we are on the right care goes to the HMOs and the insur- panies, they have got administrative side of this issue for the American peo- ance companies, because, the truth is, costs that they do not have at all with ple. Medicare. First of all, they pay their there are only about 15 percent of Yes, I think, as the vice president executives millions and millions of dol- America’s seniors that even have or said, it is really a choice of are we for lars. And there is no one in Medicare, live in an area where they have the op- the people, or are you for the powerful, no one at HCFA or anywhere else here portunity to select a Medicare+Choice and I think we had better come down who is being paid millions of dollars. HMO plan. on the side of the American people. And second, they have got to earn a In my 19 county Congressional dis- Mr. PALLONE. I appreciate the gen- profit. And third, they have got all trict, today there are only two coun- tleman’s comments. I know we do not sorts of marketing costs that Medicare ties where there is even an HMO have a lot of time left and I want to would not have. Medicare+Choice plan offered by the yield to the gentleman from Maine, but So compared to the two to three per- insurance companies. Now, why in the I wanted to say the issues of abuses by cent administrative cost for Medicare, world, if only 15 percent of the senior the HMO affect everyone, by insurance they have got 20 percent, 30 percent de- population of this country even have companies. pending on the insurance company, the opportunity to buy one of those I had a situation myself, and I have they have got very big administrative HMO plans and take advantage of the not mentioned it for a while because costs. little add-ons they are able to offer, we now have the law that we passed in prescription drug coverage, eyeglass b 1845 the previous Congress that says that coverage, why would we give almost for the drive-through deliveries, you I want to bring this back to my home half of the additional money that we have to allow at least 24 hours, I think state. In Maine, as of July 1, there was choose to appropriate this year to is it is now 2 days for normal delivery, a notice. We had only 1,700 people in those HMO plans which are only avail- and maybe 4 days for a C-section, when Maine that were signed up for managed able to 15 percent of the seniors? a you have a baby. They had changed care. That is 1,700 people in Medicare It is just not right, particularly when the rules in between my daughter being signed up for managed care. And they you have got hospitals all across this born and my son being born, when they all got a notice shortly after July 1 country that are about to close their were both born by C-section. from the carrier saying that come De- doors because the Medicare reimburse- We were actually at Columbia Hos- cember 31, the carrier was pulling out ments are so low. pital for Women here in D.C. between of the state. Two of those people were Now, it does not take a smart person the two births. The law had changed, or my parents. That was how they got to see the fallacy in what is going on at least the insurance company their prescription drug coverage. Now around here, and I think it is pretty changed it, and when my son was born, they have got to go out and buy some apparent that the insurance industry after the second day, they said my wife other kind of supplemental insurance, and their lobbyists are carrying the had to come home and he had to come but it will not be any managed care day, not the American people. home from the hospital. It was only be- plan. In Texas, in Texas we have 270,000 cause there was a law in D.C., and I do So the benefits of HMOs and Medi- seniors who were forced to skip a nec- not think it exists in a lot of states, care are now gone. There are none. essary prescription in 1998 because they that says before the child goes home he There are going to be none in the State could not afford it. We had 800,000 sen- has to be examined by a pediatrician of Maine, and they will have to go find iors in Texas who were forced to pay for certain things, and they found he some Medigap policy. But the trouble for their own prescription drug costs was jaundiced. So they let the two of with those policies is, A, they are ex- because they had no insurance cov- them stay, my wife and son stay, an pensive, and B, they have very limited erage of any kind. extra day in the hospital. Then we coverage. They do not have anything You would think that, surely, we can passed the law to prohibit the drive- like the kind of catastrophic coverage do better. And I believe we must do through deliveries. But these abuses that is part of the Democratic plan, better. Prescription drug coverage for impact everyone. It is across the board. H11442 CONGRESSIONAL RECORD — HOUSE October 27, 2000 I yield to the gentleman from Maine. Mr. TURNER. If the gentleman will Mrs. MEEK of Florida, for 5 minutes, Mr. ALLEN. I thank the gentleman yield, you know, I think you are right today. for yielding. In conclusion, I thought I on target. When you combine that fact Mr. BACHUS, for 5 minutes, today. would try to simplify this about the with the fact that these prescription drug benefit. The Demo- Medicare+Choice plans are not even f crats are saying, all of us are saying, available, and you hear the proposal SENATE BILL REFERRED that what we want is a Medicare pre- that Governor Bush makes to give the scription drug benefit. That is, seniors seniors a voucher so they just get 25 A bill of the Senate of the following would get their prescription drug ben- percent of the premium for their insur- title was taken from the Speaker’s efit as part of the Medicare package. ance covered by the government, what table and, under the rule, referred as This is exactly what every Member of we are moving toward, and I think it is follows: this House has through his or her own wrong, it is a system where no longer S. 3045. An act to improve the quality, insurance, because everyone in this do you have the same coverage no mat- timeliness, and credibility of forensic science House has some plan through the Fed- ter where you live in this country. services for criminal justice purposes, and eral employees insurance, and it is a Medicare, as I have always under- for other purposes; to the Committee on the plan that you sign up for and other stood it, said that no matter where you Judiciary. Federal employees get, and if they live in this country, whether you live f have prescription drug coverage, which in the city or in the country, in rural I suspect almost everyone here does, America, urban America, you have the they have it as part of the plan. If they ENROLLED BILLS AND JOINT same coverage and the same benefit. have a Blue Cross plan, they have a RESOLUTION SIGNED And when you refuse to provide a pre- Blue Cross prescription benefit; if they Mr. THOMAS, from the Committee scription drug benefit under Medicare, have an Aetna plan, they have an on House Administration, reported and you only allow the HMOs to offer Aetna prescription benefit. that that committee had examined and plans that can add on a prescription All we are saying on the Democratic found truly enrolled bills and a joint drug benefit, what you have done is side of the aisle is, let us have a Medi- resolution of the House of the following changed in a very dramatic way what care prescription drug benefit. And titles, which were thereupon signed by Medicare should mean to every senior, what the Republicans are saying is no, the Speaker: no, no, no, no, that would be wrong, be- no matter where they live in this coun- try. H.R. 1651. An act to amend the Fishermen’s cause, after all, Medicare is a Federal Protective Act of 1967 to extend the period Mr. PALLONE. I want to thank my health care plan. We would not want during which reimbursement may be pro- Medicare to provide a prescription drug colleagues for joining me tonight. vided to owners of United States fishing ves- benefit. That would be somehow wrong, f sels for costs incurred when such a vessel is because it is a government plan. That seized and detained by a foreign country, and SPECIAL ORDERS GRANTED is nonsense. It is not right. It is abso- for other purposes. lutely not right. By unanimous consent, permission to H.R. 3218. An act to amend title 31, United The benefit, the prescription drug address the House, following the legis- States Code, to prohibit the appearance of coverage should come through Medi- lative program and any special orders Social Security account numbers on or through unopened mailings of checks or care. It is the health care plan for our heretofore entered, was granted to: other drafts issued on public money in the seniors and our disabled people, and (The following Members (at the re- Treasury. there is no excuse to try to create some quest of Mr. NADLER) to revise and ex- H.R. 5178. An act to require changes in the Rube Goldberg system involving pri- tend their remarks and include extra- bloodborne pathogens standard in effect vate insurance companies and HMOs as neous material:) under the Occupational Safety and Health an alternative. But that is what the Mr. DAVIS of Illinois, for 5 minutes, Act of 1970. folks on the other side of the aisle have today. H.J. Res. 117. Joint resolution making fur- been trying to put over on the Amer- Ms. CARSON, for 5 minutes, today. ther continuing appropriations for the fiscal year 2001, and for other purposes. ican people. Mr. ETHERIDGE, for 5 minutes, today. Mr. PALLONE. I listened to that Mr. PALLONE, for 5 minutes, today. f third debate between the two presi- Mrs. CHRISTENSEN, for 5 minutes, dential candidates, and I was very today. JOINT RESOLUTION PRESENTED upset to hear Governor Bush say he Mr. ENGEL, for 5 minutes, today. TO THE PRESIDENT was providing a Medicare prescription Mr. VISCLOSKY, for 5 minutes, today. plan. I believe he used the term Medi- Mr. THOMAS, from the Committee Mr. SHERMAN, for 5 minutes, today. care. on House Administration, reported Mrs. CAPPS, for 5 minutes, today. Mr. ALLEN. He did. that that committee did on the fol- (The following Members (at the re- Mr. PALLONE. Yet the Republican lowing date present to the President, quest of Mr. SHAW) to revise and extend plan and his plan is a voucher. It is not for his approval, a joint resolution of under Medicare. It a voucher that you their remarks and include extraneous the House of the following title: material:) get if you are below a certain income, On October 26, 2000: not for most people, but if you are Mr. GEKAS, for 5 minutes, today. H.J. Res. 116. Making further continuing below a certain income, to go out and Ms. ROS-LEHTINEN, for 5 minutes, Oc- appropriations for the fiscal year 2001, and try to find an HMO or somebody to tober 30 and 31 and November 1, 2, and for other purposes. cover your prescription drugs. So, to 3. f even suggest that somehow this is a Mr. RILEY, for 5 minutes, today. Mr. SOUDER, for 5 minutes, today. Medicare plan is not accurate. It is not ADJOURNMENT under Medicare. Mr. HOSTETTLER, for 5 minutes, I think that is a major distinction today. Mr. PALLONE. Mr. Speaker, I move between the Democrats and the Repub- Mr. YOUNG of Alaska, for 5 minutes, that the House do now adjourn. licans on this issue, that we want to October 30. The motion was agreed to; accord- use traditional Medicare for the pre- (The following Members (at their own ingly (at 6 o’clock and 56 minutes scription drug benefit, and the Repub- request) to revise and extend their re- p.m.), the House adjourned until to- lican leadership does not. That is a key marks and include extraneous mate- morrow, Saturday, October 28, 2000, at difference here, no question about it. rial:) 9 a.m. October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11443 EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the third quarter of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384, are as follows: REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. C.W. Bill Young ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 Hon. Kay Granger ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 Hon. Robert E. ‘‘Bud’’ Cramer ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 Douglas Gregory ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 Kevin Roper ...... 7/21 7/25 England ...... 1,445.00 ...... (3) ...... 1,445.00 Commercial airfare 4 ...... 2,423.00 ...... 2,423.00 Jim Dyer ...... 7/21 7/25 England ...... 1,432.00 ...... (3) ...... 1,432.00 Commercial airfare 4 ...... 2,423.00 ...... 2,423.00 Elizabeth Dawson ...... 7/21 7/25 England ...... 1,790.00 ...... 1,790.00 Commercial airfare ...... 5,901.80 ...... 5,901.80 Frank Cushing ...... 7/21 7/25 England ...... 1,790.00 ...... 1,790.00 Commercial airfare ...... 5,848.80 ...... 5,848.80 John T. Blazey II ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 Richard E. Efford ...... 7/20 7/24 England ...... 1,074.00 ...... (3) ...... 1,074.00 John T. Blazey II ...... 8/13 8/16 South Africa ...... 650.00 ...... 650.00 Commercial airfare ...... 5,679.00 ...... 5,679.00 Stephanie Gupta ...... 8/13 8/16 South Africa ...... 650.00 ...... 650.00 Commercial airfare ...... 5,678.61 ...... 5,678.61 James W. Dyer ...... 8/16 8/18 Greece ...... 346.00 ...... 346.00 8/18 8/20 Cyprus ...... 402.00 ...... 402.00 8/20 8/21 Italy ...... 328.00 ...... 328.00 8/21 8/23 Malta ...... 424.00 ...... 424.00 Commercial airfare ...... 5,570.53 ...... 5,570.53 John G. Shank ...... 8/16 8/18 Greece ...... 346.00 ...... 346.00 8/18 8/20 Cyprus ...... 402.00 ...... 402.00 8/20 8/21 Italy ...... 328.00 ...... 328.00 8/21 8/23 Malta ...... 424.00 ...... 424.00 Commercial airfare ...... 5,570.53 ...... 5,570.53 Scott Lilly ...... 8/15 8/23 Russia ...... 2,453.00 ...... 2,453.00 Commercial airfare ...... 4,651.00 ...... 4,651.00 Hon. James T. Walsh ...... 8/25 8/27 France ...... 594.00 ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... 281.00 Hon. Alan B. Mollohan ...... 8/25 8/27 France ...... 594.00 ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... 281.00 Hon. Carrie P. Meek ...... 8/25 8/27 France ...... 594.00 ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... (3) ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... (3) ...... 281.00 Hon. Robert E. ‘‘Bud’’ Cramer ...... 8/25 8/27 France ...... 594.00 ...... (3) ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... (3) ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... (3) ...... 281.00 Timothy L. Peterson ...... 8/25 8/27 France ...... 594.00 ...... (3) ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... (3) ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... (3) ...... 281.00 Dena Baron ...... 8/25 8/27 France ...... 594.00 ...... (3) ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... (3) ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... (3) ...... 281.00 Mark W. Murray ...... 8/27 8/31 South Africa ...... 600.00 ...... 600.00 8/31 9/1 Mozambique ...... 200.00 ...... 200.00 9/1 9/3 South Africa ...... 400.00 ...... 400.00 Commercial airfare ...... 6,604.00 ...... 6,604.00 Hon. Harold Rogers ...... 8/22 8/25 Ireland ...... 843.00 ...... (3) ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... (3) ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... (3) ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... (3) ...... 492.00 8/31 9/3 United Kingdom ...... 815.00 ...... (3) ...... 815.00 Hon. Tom Latham ...... 8/22 8/25 Ireland ...... 843.00 ...... (3) ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... (3) ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... (3) ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... (3) ...... 492.00 8/31 9/3 United Kingdom ...... 815.00 ...... (3) ...... 815.00 Gail DelBalzo ...... 8/22 8/25 Ireland ...... 843.00 ...... (3) ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... (3) ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... (3) ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... (3) ...... 492.00 8/31 9/3 United Kingdom ...... 622.00 ...... (3) ...... 622.00 John T. Blazey II ...... 8/22 8/25 Ireland ...... 843.00 ...... (3) ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... (3) ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... (3) ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... (3) ...... 492.00 8/31 9/3 United Kingdom ...... 622.00 ...... (3) ...... 622.00 Christine M. Ryan ...... 8/22 8/25 Ireland ...... 843.00 ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... 492.00 8/31 9/3 United Kingdom ...... 620.00 ...... 620.00 Commercial airfare 4 ...... 740.42 ...... 740.42 Sally Chadbourne ...... 8/22 8/25 Ireland ...... 843.00 ...... 843.00 8/25 8/28 Russia ...... 1,029.00 ...... 1,029.00 8/28 8/30 Estonia ...... 434.00 ...... 434.00 8/30 8/31 Netherlands ...... 492.00 ...... 492.00 8/31 9/3 United Kingdom ...... 622.00 ...... 622.00 Commercial airfare ...... 3,420.00 ...... 3,420.00 Elizabeth Dawson ...... 8/23 8/27 Italy ...... 900.00 ...... 900.00 8/23 8/27 Belgium ...... 900.00 ...... 900.00 Commercial airfare ...... 5,345.42 ...... 5,345.42 Hon. Jim Kolbe ...... 9/21 9/22 Mexico ...... 146.25 ...... (3) ...... 146.25 Hon. Ed Pastor ...... 9/21 9/22 Mexico ...... 217.25 ...... (3) ...... 217.25 Committee total ...... 57,559.50 ...... 59,856.91 ...... 117,416.41 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Part of the transportation was by commercial airfare with the remainder by military air transportation. C.W. BILL YOUNG, Chairman, Oct. 24, 2000. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 G.C. Baird ...... 9/9 9/15 Germany ...... 772.75 ...... 5,364.00 ...... 138.15 ...... 6,274.90 H11444 CONGRESSIONAL RECORD — HOUSE October 27, 2000 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

S.A. Cekala ...... 9/16 9/23 Germany ...... 896.25 ...... 5,363.63 ...... 44.15 ...... 6,304.03 D.D. DeLong ...... 9/9 9/13 Germany ...... 549.25 ...... 4,136.05 ...... 140.07 ...... 4,825.37 9/13 9/14 Italy ...... 90.00 ...... 90.00 9/14 9/15 Turkey ...... 202.50 ...... 202.50 9/15 9/21 Italy ...... 690.00 ...... 690.00 9/21 9/23 Spain ...... 383.25 ...... 383.25 D.B. Grimes ...... 9/9 9/23 Germany ...... 1,789.25 ...... 4,574.05 ...... 32.50 ...... 6,395.80 R.A. Hautala ...... 9/16 9/23 Germany ...... 819.25 ...... 4,574.05 ...... 54.96 ...... 5,448.26 D.M. Keppler ...... 9/16 9/20 Germany ...... 536.75 ...... 1,798.60 ...... 113.94 ...... 2,449.29 R.H. Pearre, Jr ...... 9/9 9/13 Germany ...... 549.25 ...... 5,678.00 ...... 97.62 ...... 6,324.87 9/13 9/14 Italy ...... 90.00 ...... 90.00 9/14 9/15 Turkey ...... 202.50 ...... 202.50 9/15 9/20 Italy ...... 570.00 ...... 570.00 J.N. Phillips ...... 9/16 9/23 Germany ...... 819.25 ...... 5,363.40 ...... 56.44 ...... 6,239.09 R.A. Ramsby ...... 9/9 9/23 Germany ...... 1,789.25 ...... 4,574.05 ...... 18.60 ...... 6,381.90 R.F. Stockman ...... 9/16 9/23 Germany ...... 819.25 ...... 4,574.05 ...... 74.88 ...... 5,468.18 C.W. Thompson ...... 9/9 9/13 Germany ...... 549.25 ...... 4,136.05 ...... 67.13 ...... 4,752.43 9/13 9/14 Italy ...... 90.00 ...... 90.00 9/14 9/15 Turkey ...... 202.50 ...... 202.50 9/15 9/21 Italy ...... 690.00 ...... 690.00 9/21 9/23 Spain ...... 334.00 ...... 334.00 R.W. Vandergrift, Jr ...... 9/16 9/20 Germany ...... 617.25 ...... 4,572.77 ...... 164.84 ...... 5,354.86 Committee total ...... 14,051.75 ...... 54,708.70 ...... 1,003.28 ...... 69,763.73 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. C.W. BILL YOUNG, Chairman, Oct. 24, 2000.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h LAMAR SMITH, Chairman, Oct. 18, 2000.

EXECUTIVE COMMUNICATIONS, RM–9446] received October 26, 2000, pursuant State, transmitting certification of a pro- ETC. to 5 U.S.C. 801(a)(1)(A); to the Committee on posed Manufacturing License Agreement Commerce. with Israel [Transmittal No. DTC 124–00], Under clause 8 of rule XII, executive 10749. A letter from the Special Assistant, pursuant to 22 U.S.C. 2776(d); to the Com- communications were taken from the Mass Media Bureau, Federal Communica- mittee on International Relations. Speaker’s table and referred as follows: tions Commission, transmitting the Com- 10754. A letter from the Independent Coun- 10745. A letter from the Administrator, mission’s final rule— Amendment of Section sel, Office of Independent Counsel, transmit- Food Safety and Inspection Service, Depart- 73.202(b), Table of Allotments, FM Broadcast ting the report from Independent Counsel, ment of Agriculture, transmitting the De- Stations. (Pearsall, Texas) [Docket No. 00–26 pursuant to 5 U.S.C. app. (Insp. Gen. Act) partment’s final rule—Termination of Des- RM–9822] received October 26, 2000, pursuant section 5(b); to the Committee on Govern- ignation of the State of North Dakota with to 5 U.S.C. 801(a)(1)(A); to the Committee on ment Reform. Respect to the Inspection of Meat and Meat Commerce. 10755. A letter from the Program Analyst, Food Products [Docket No. 00–038F] received 10750. A letter from the Special Assistant FAA, Department of Transportation, trans- October 26, 2000, pursuant to 5 U.S.C. to the Bureau Chief, Mass Media Bureau, mitting the Department’s final rule—IFR Al- 801(a)(1)(A); to the Committee on Agri- Federal Communications Commission, trans- titudes; Miscellaneous Amendments [Docket culture. mitting the Commission’s final rule— No. 30209; Amdt. No. 425] received October 26, 10746. A letter from the Administrator, Amendment of Section 73.622(b), Table of Al- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Farm Service Agency, Department of Agri- lotments, Digital Television Broadcast Sta- Committee on Transportation and Infra- culture, transmitting the Department’s final tions. (Urbana, Illinois) [Docket No. 00–76 structure. rule—Amendments to the Regulations for RM–9809] received October 26, 2000, pursuant 10756. A letter from the Program Analyst, Cotton Warehouses Regarding the Delivery to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- of Stored Cotton (RIN: 0560–AF13) received Commerce. mitting the Department’s final rule—Stand- October 24, 2000, pursuant to 5 U.S.C. 10751. A letter from the Special Assistant ard Instrument Approach Procedures; Mis- 801(a)(1)(A); to the Committee on Agri- to the Bureau Chief, Mass Media Bureau, cellaneous Amendments [Docket No. 30206; culture. Federal Communications Commission, trans- Amdt. No. 2014] received October 26, 2000, 10747. A letter from the Under Secretary, mitting the Commission’s final rule— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Rural Development, Department of Agri- Amendment of Section 73.622(b), Table of Al- mittee on Transportation and Infrastruc- culture, transmitting the Department’s final lotments, Digital Television Broadcast Sta- ture. rule—Business and Industry Guaranteed tions. (THOMASville, Georgia) [Docket No. 00– 10757. A letter from the Program Analyst, Loan Program—Domestic Lamb Industry 98 RM–9811] received October 26, 2000, pursu- FAA, Department of Transportation, trans- Adjustment Assistance Program Set Aside ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule—Stand- (RIN: 0570–AA31) received October 26, 2000, on Commerce. ard Instrument Approach Procedures; Mis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10752. A letter from the Director, Office of cellaneous Amendments [Docket No. 30207; mittee on Agriculture. Congressional Affairs, Nuclear Regulatory Amdt. No. 2015] received October 26, 2000, 10748. A letter from the Special Assistant Commission, transmitting the Commission’s pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Bureau Chief, Mass Media Bureau, final rule—New Dosimetry Technology (RIN: mittee on Transportation and Infrastruc- Federal Communications Commission, trans- 3150–AG21) received October 26, 2000, pursu- ture. mitting the Commission’s final rule— ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10758. A letter from the Program Analyst, Amendment of Section 73.202(b), FM Table of on Commerce. Department of Transportation, FAA, trans- Allotments, FM Broadcast Stations. (Grants 10753. A letter from the Assistant Sec- mitting the Department’s final rule—Air- and Milan, New Mexico) [Docket No. 99–75; retary for Legislative Affairs, Department of worthiness Directives; Bombardier Model October 27, 2000 CONGRESSIONAL RECORD — HOUSE H11445 CL–600–2B19 Series Airplanes [Docket No. 10767. A letter from the Program Analyst, ices to issue detention orders regarding food 2000–NM–312–AD; Amendment 39–11928; AD Department of Transportation, FAA, trans- in any case in which there is a reasonable be- 2000–20–03 R1] (RIN: 2120–AA64) received Octo- mitting the Department’s final rule—Air- lief that the food is in violation of such Act, ber 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); worthiness Directives; Empresa Brasileira de and for other purposes; to the Committee on to the Committee on Transportation and In- Aeronautica S.A. (EMBRAER) Model EMB– Commerce. frastructure. 120 Series Airplanes [Docket No. 99–NM–356– By Mrs. MALONEY of New York: 10759. A letter from the Program Analyst, AD; Amendment 39–11916; AD 2000–20–05] H.R. 5592. A bill to amend the Child Nutri- Department of Transportation, FAA, trans- (RIN: 2120–AA64) received October 26, 2000, tion Act of 1966 to provide vouchers for the mitting the Department’s final rule—Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- purchase of educational books for infants worthiness Directives; Empresa Brasileira de mittee on Transportation and Infrastruc- and children participating in the special sup- Aeronautica S.A. (EMBRAER) Model EMB– ture. plemental nutrition program for women, in- 120, EMB–120ER, and EMB–120RT Series Air- f fants, and children under that Act; to the planes [Docket No. 2000–NM–122–AD; Amend- Committee on Education and the Workforce. ment 39–11908; AD 2000–19–07] (RIN: 2120– REPORTED BILL SEQUENTIALLY By Mr. PORTMAN (for himself and Mr. AA64) received October 26, 2000, pursuant to REFERRED CONDIT): 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 5593. A bill to establish a Bipartisan Transportation and Infrastructure. Under clause 5 of rule X, bills and re- Commission on Social Security Reform; to 10760. A letter from the Program Analyst, ports were delivered to the Clerk for the Committee on Ways and Means. Department of Transportation, FAA, trans- printing, and bills referred as follows: By Mr. RADANOVICH: mitting the Department’s final rule—Air- Mr. YOUNG of Alaska: Committee on Re- H.R. 5594. A bill to amend the Endangered worthiness Directives; Eurocopter France sources. H.R. 4144. A bill to provide for the Species Act of 1973 to exempt the Woodrow Model AS–350B, BA, B1, B2, B3, C, D, and D1, allocation of interest accruing to the Aban- Wilson Bridge project from certain provi- and AS–355E, F, F1, F2 and N Helicopters sions of that Act and allow the bridge and [Docket No. 2000–SW–25–AD; Amendment 39– doned Mine Reclamation Fund, and for other purposes, with an amendment; referred to activities elsewhere to proceed in compli- 11931; AD 2000–20–19] (RIN: 2120–AA64) re- ance with that Act, and for other purposes; ceived October 26, 2000, pursuant to 5 U.S.C. the Committee on The Budget for a period ending not later than October 28, 2000, for to the Committee on Resources. 801(a)(1)(A); to the Committee on Transpor- By Mr. RODRIGUEZ (for himself, Ms. tation and Infrastructure. consideration of such provisions of the bill and amendment as fall within the jurisdic- ROYBAL-ALLARD, Mr. PASTOR, Mr. RO- 10761. A letter from the Program Analyst, MERO-BARCELO, Mr. UNDERWOOD, Mr. Department of Transportation, FAA, trans- tion of that committee pursuant to clause 1(e), rule X (Rept. 106–1014, Pt. 1). REYES, and Mrs. NAPOLITANO): mitting the Department’s final rule—Air- H.R. 5595. A bill to provide for programs re- worthiness Directives; Raytheon Aircraft f garding the health of Hispanic individuals, Company Beech Models 1900, 1900C, and 1900D PUBLIC BILLS AND RESOLUTIONS and for other purposes; to the Committee on Airplanes [Docket No. 2000–CE–29–AD; Commerce, and in addition to the Committee Amendment 39–11918; AD 2000–20–07 (RIN: Under clause 2 of rule XII, public on Ways and Means, for a period to be subse- 2120–AA64) received October 26, 2000, pursu- bills and resolutions of the following quently determined by the Speaker, in each ant to 5 U.S.C. 801(a)(1)(A); to the Committee titles were introduced and severally re- case for consideration of such provisions as on Transportation and Infrastructure. fall within the jurisdiction of the committee 10762. A letter from the Program Analyst, ferred, as follows: concerned. Department of Transportation, FAA, trans- By Mr. KNOLLENBERG: By Mr. SHAW: mitting the Department’s final rule—Air- H.R. 5586. A bill to authorize the negotia- H.R. 5596. A bill to amend the Federal Elec- worthiness Directives; DG Flugzeugbau tion of a Free Trade Agreement with the Re- tion Campaign Act of 1971 to reform the fi- GmbH Model DG–800B Sailplanes [Docket public of Singapore, and to provide for expe- nancing of campaigns for election for Fed- No. 99–CE–90–AD; Amendment 39–11921; AD dited congressional consideration of such an eral office, and for other purposes; to the 2000–20–10] (RIN 2120–AA64) received October agreement; to the Committee on Ways and Committee on House Administration, and in 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Means, and in addition to the Committee on addition to the Committee on Commerce, for the Committee on Transportation and Infra- Rules, for a period to be subsequently deter- a period to be subsequently determined by structure. mined by the Speaker, in each case for con- the Speaker, in each case for consideration 10763. A letter from the Program Analyst, sideration of such provisions as fall within Department of Transportation, FAA, trans- of such provisions as fall within the jurisdic- the jurisdiction of the committee concerned. tion of the committee concerned. mitting the Department’s final rule—Air- By Mr. KNOLLENBERG: worthiness Directives; LET Aeronautical By Ms. MILLENDER-MCDONALD: H.R. 5587. A bill to amend the United H.R. 5597. A bill to amend the Internal Rev- Works Model L–13 ‘‘Blanik’’ Sailplanes States Enrichment Corporation Privatiza- enue Code of 1986 to allow employers a credit [Docket No. 99–CE–91–AD; Amendment 39– tion Act to prevent the untimely sale of ura- 11922; AD 2000–20–11] (RIN: 2120–AA64) re- against income tax for internships and fel- nium hexaflouride; to the Committee on lowships related to information technology; ceived October 26, 2000, pursuant to 5 U.S.C. Commerce. 801(a)(1)(A); to the Committee on Transpor- to the Committee on Ways and Means. By Mr. ARCHER: By Mr. YOUNG of Alaska: tation and Infrastructure. H.R. 5588. A bill to establish the Govern- 10764. A letter from the Program Analyst, H. Res. 657. A resolution directing the ment Program Evaluation Commission; to Department of Transportation, FAA, trans- Speaker to certify the report of the Com- the Committee on Government Reform. mitting the Department’s final rule—Air- mittee on Resources to the United States At- By Mr. COX (for himself, Mr. RADANO- worthiness Directives; British Aerospace torney for the District of Columbia; consid- VICH, Mrs. BONO, Mr. BILBRAY, Mr. HP137 Mk1, Jetstream Series 200, and Jet- ered and withdrawn. ROHRABACHER, Mr. GARY MILLER of stream Models 3101 and 3201 Airplanes [Dock- By Mr. SMITH of New Jersey (for him- et No. 2000–CE–12–AD; Amendment 39–11924; California, and Mr. HUTCHINSON): self, Ms. ROS-LEHTINEN, Mr. LANTOS, AD 2000–20–13] (RIN: 2120–AA64) received Oc- H.R. 5589. A bill to facilitate the cleanup of Mr. ROHRABACHER, Mr. ROYCE, Mr. tober 26, 2000, pursuant to 5 U.S.C. environmental degradation caused in the ABERCROMBIE, and Mr. WEXLER): 801(a)(1)(A); to the Committee on Transpor- manufacture of methamphetamine and to H. Res. 658. A resolution expressing the tation and Infrastructure. combat illegal drug use by imposing new sense of the House of Representatives with 10765. A letter from the Program Analyst, monetary fines on the manufacture and traf- respect to Dato Seri Anwar Ibrahim; to the Department of Transportation, FAA, trans- ficking of methamphetamines; to the Com- Committee on International Relations. mitting the Department’s final rule—Air- mittee on Commerce. By Mr. CROWLEY (for himself, Mr. worthiness Directives; Raytheon Aircraft By Mr. FOSSELLA: WYNN, Mr. TOWNS, Mr. ROHRABACHER, Company Beech Models A36 and B36TC Air- H.R. 5590. A bill to amend certain provi- Mr. WEXLER, Mr. GREEN of Texas, Mr. planes [Docket No. 2000–CE–15–AD; Amend- sions of title 5, United States Code, relating SESSIONS, Mr. SMITH of New Jersey, ment 39–11925; AD 2000–20–14] (RIN: 2120– to disability annuities for law enforcement Mr. CUNNINGHAM, Mr. LAMPSON, Mr. AA64) received October 26, 2000, pursuant to officers, firefighters, and members of the ANDREWS, Mr. DAVIS of Florida, Ms. 5 U.S.C. 801(a)(1)(A); to the Committee on Capitol Police; to the Committee on Govern- ESHOO, Mr. CHABOT, Mr. DEUTSCH, Mr. Transportation and Infrastructure. ment Reform, and in addition to the Com- BROWN of Ohio, Mr. JEFFERSON, Ms. 10766. A letter from the Program Analyst, mittee on House Administration, for a period PELOSI, Mr. SOUDER, Mr. DIAZ- Department of Transportation, FAA, trans- to be subsequently determined by the Speak- BALART, Mr. HINCHEY, Mr. BERMAN, mitting the Department’s final rule—Air- er, in each case for consideration of such pro- Mr. ACKERMAN, and Mr. WU): worthiness Directives; Aerotechnik s.r.o. visions as fall within the jurisdiction of the H. Res. 659. A resolution expressing the Model L 13 SEH VIVAT Sailplanes [Docket committee concerned. sense of the House of Representatives that No. 2000–CE 01–AD; Amendment 39–11923; AD By Mr. KUCINICH: the future of Taiwan should be resolved 2000–20–12] (RIN: 2120–AA64) received October H.R. 5591. A bill to amend the Federal peacefully through a democratic mechanism 26, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Food, Drug, and Cosmetic Act to establish and with the express consent of the people of the Committee on Transportation and Infra- the authority of officers and employees of Taiwan; to the Committee on International structure. the Department of Health and Human Serv- Relations. H11446 CONGRESSIONAL RECORD — HOUSE October 27, 2000

By Ms. LEE (for herself, Mr. PAYNE, By Mr. REYNOLDS: H.R. 4076: Mr. GOODLATTE. Mr. GEJDENSON, Ms. WATERS, Ms. H.R. 5599. A bill for the relief of Eugene H.R. 4213: Mr. SIMPSON. MILLENDER-MCDONALD, and Ms. JACK- Makuch; to the Committee on the Judiciary. H.R. 4277: Mr. SHIMKUS. SON-LEE of Texas): f H.R. 4571: Mrs. CAPPS, Mrs. MALONEY of H. Res. 660. A resolution to commend New York, Mrs. KELLY, Mr. PAYNE, and Mr. President Clinton for supporting the efforts ADDITIONAL SPONSORS ETHERIDGE. of former South African President Nelson Under clause 7 of rule XII, sponsors H.R. 4825: Mr. MCINTYRE. Mandela to bring peace to Burundi; to the were added to public bills and resolu- H.R. 4857: Ms. ROYBAL-ALLARD. Committee on International Relations. tions as follows: H.R. 4949: Mr. RODRIGUEZ. H.R. 5027: Mr. FOLEY and Mr. COLLINS. H.R. 920: Mr. DELAHUNT. f H.R. 5345: Ms. SCHAKOWSKY. H.R. 1048: Mr. GEORGE MILLER of Cali- fornia. H.R. 5447: Mr. LATOURETTE, Mr. GILLMOR, and Mr. ROGAN. H.R. 1217: Mr. LUTHER, Mr. BARTLETT of PRIVATE BILLS AND H.R. 5479: Mr. KUCINICH. RESOLUTIONS Maryland, and Mr. GEKAS. H.R. 1239: Mr. THOMPSON of Mississippi, Mr. H.R. 5522: Mr. FROST. Under clause 3 of rule XII, private SCOTT, Mr. VISCLOSKY, and Mr. FRELING- H.R. 5537: Ms. NORTON and Mr. DELAY. bills and resolutions of the following HUYSEN. H.R. 5540: Mr. DINGELL. H.J. Res. 48: Mr. BERRY. titles were introduced and severally re- H.R. 1310: Mr. ENGLISH, Mr. DUNCAN, and H.J. Res. 107: Mr. GEORGE MILLER of Cali- ferred, as follows: Mr. TOWNS. H.R. 2457: Mr. ROTHMAN and Ms. ROS- fornia. By Mr. REYNOLDS: LEHTINEN. H. Con. Res. 337: Mr. CANADY of Florida, H.R. 5598. A bill for the relief of Barbara H.R. 2584: Mr. PORTER. Mr. WALSH, and Mr. GARY MILLER of Cali- Makuch; to the Committee on the Judiciary. H.R. 3610: Mr. ALLEN. fornia. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, FRIDAY, OCTOBER 27, 2000 No. 137 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 9:30 a.m., on the Party prejudice blurs our vision; com- lic for which it stands, one nation under God, expiration of the recess, and was called bative competition prompts manipula- indivisible, with liberty and justice for all. to order by the President pro tempore tive methods; negative attitudes foster f [Mr. THURMOND]. strained relationships. Together we ask You to purify our motives and refine PRAYER RECOGNITION OF THE ACTING them until they are in congruity with MAJORITY LEADER The Chaplain, Dr. Lloyd John Your will and Your vision for this Sen- Ogilvie, offered the following prayer: ate in these pressured pre-election The PRESIDENT pro tempore. The Almighty God, ultimate judge of our days. When we put You first in our able acting majority leader is recog- lives, in this moment of quiet reflec- lives, You bring us together with a nized. tion, we hold up our motives for Your miracle of unity we could not achieve f review. We want to be totally honest by human methods alone. We thank with You and with ourselves about You in advance for performing this SCHEDULE what really motivates our decisions, miracle. Dear God, You are our Lord words, and actions. Sometimes we and Saviour. Amen. Mr. INHOFE. Mr. President, today want You to approve of our motives f the Senate will resume debate on the that we have not reviewed in light of tax legislation. Debate will take place Your righteousness, justice, and love. PLEDGE OF ALLEGIANCE throughout the morning with a vote There are times when we are driven by The Honorable JAMES M. INHOFE, a expected in the early afternoon. The self-serving motives that contradict Senator from the State of Oklahoma, Senate is also expected to have a vote our better nature. Most serious of all, led the Pledge of Allegiance, as follows: on the motion to proceed to the con- we confess that sometimes our motives I pledge allegiance to the Flag of the ference report to accompany the D.C. are dominated by secondary loyalties: United States of America, and to the Repub-

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

S11193

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VerDate 27-OCT-2000 02:07 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.000 pfrm01 PsN: S27PT1 S11194 CONGRESSIONAL RECORD — SENATE October 27, 2000 appropriations bill, which contains the be voting against the overall con- ter of just collegial relations within Commerce-Justice-State appropria- ference report before us today. the Senate. I think this process shows tions language. A short time agree- Mr. KERREY. Mr. President, I won- a fundamental disrespect for this insti- ment on the conference report is an- der if the Senator from Massachusetts tution, for the constitutional process ticipated with a vote on adoption to will yield for a question at the begin- and members of the Senate. occur today. ning? But, let me say to my colleague from A vote on the continuing resolution Mr. KERRY. I am happy to yield. Nebraska, here is what has been stuffed will also be necessary prior to today’s Mr. KERREY. There are an awful lot in this bill, to use the term by which adjournment. Therefore, Senators can of people wondering where is the chair- he has appropriately described it. This expect up to four votes during this man of the Finance Committee, the is a small business bill. But, without afternoon’s session of the Senate. ranking member of the Finance Com- any hearings, without any appropriate I thank my colleagues for their at- mittee. We are going to be taking up a bipartisan decision, this bill is brought tention. tax bill and a Medicare/Medicaid bill. to the floor of the Senate today with The PRESIDENT pro tempore. The Why don’t we see Chairman ROTH and H.R. 5538, as it was introduced, the Senator from Nevada is recognized. ranking member MOYNIHAN down here Minimum Wage Act; H.R. 5542, as it Mr. REID. Mr. President, I say managing this bill? Why is it a Small was introduced, the Taxpayer Relief through the Chair to my friend from Business Committee that has the re- Act, which goes to the issue of the tax Oklahoma, it would seem, based upon sponsibility for a piece of legislation cuts; H.R. 5543, the Medicare, Medicaid, the complexity of the tax bill and the dealing with targeted tax credits and and SCHIP Benefits Improvement and difficult problems that we have with Medicare relief? Protection Act, entirely outside the the Commerce-State-Justice bill, that Mr. KERRY. My good friend from Ne- purview of the Small Business Com- this debate is not going to take place braska asked a very important ques- mittee; it comes with H.R. 5544, the in a couple of hours. I think it is going tion. Let me, in defense of the Senator Pain Relief Promotion Act, an entirely to take a long time. I have to give from New York, say that Senator MOY- controversial and, as we will discuss some assurance to the people on our NIHAN will be here soon. By agreement, through the course of this day, poten- side of the aisle that I would say it is he is going to be comanaging this re- tially very dangerous and damaging going to be a long day. I very seriously port because of the tax provisions in measure with respect to the delivery of doubt there will be votes early this this bill. quality medical care in this country; day. Mr. KERREY. This is a Small Busi- and, H.R. 5545, the Small Business Re- I suggest to my friends on the minor- ness piece of legislation. This bill ref- authorization Act, which was already ity side, and I think it should have erences small business. This is not a mentioned. some resonance on the majority side, it Finance Committee bill. The answer is, The Senator from Nebraska is abso- is very likely we will be doing things it is not a Finance Committee bill. lutely correct about the impact, the here tomorrow. Remember, we have, Didn’t the majority do the legislative substance, and the process here. among other things, a 24-hour CR and equivalent of stealth molasses here? Mr. DORGAN. Will the Senator yield we have some of the most important Didn’t they take another piece of legis- for a brief question? measures we have had to deal with this lation, hollow it out, and stuff in it Mr. KERRY. I will be delighted to entire Congress; that is, this $250 bil- targeted tax cuts that their Presi- yield to my colleague. lion tax bill, plus Commerce-State-Jus- dential candidate has been opposing for Mr. DORGAN. Mr. President, it is in- tice, which is about $40 billion. A vast the last 90 days, criticizing the Vice teresting to hear the discussion of the majority of the issues have not been President, saying Washington, DC, process. Apparently there was no con- debated on the Senate floor. These are should not decide, we should not be de- ference; there were no conferees. This ‘‘first impression’’ for most of us. So I ciding in Washington, DC, who gets a was a small business authorization bill think we are going to have to talk tax cut? That is what I have been hear- that was laying dormant, which they about them to some degree. ing over and over. used as a large carcass to stuff a whole f I ask my friend from Massachusetts, range of bills in the middle of and first of all, is it correct that they throw it then on the floor of the Sen- ENACTMENT OF CERTAIN SMALL stuffed a tax bill and they have stuffed ate. BUSINESS, HEALTH, TAX, AND a health care bill inside of some other I am curious; if the Senator from MINIMUM WAGE PROVISIONS— bill that they hollowed out, that has Massachusetts had been accorded the CONFERENCE REPORT not gone through the normal process, opportunity, as would normally have The PRESIDING OFFICER (Mr. and that the tax provision itself seems been the case, of being a conferee and INHOFE). The Senator from Massachu- to violate what their Presidential can- being a part of deliberations, I assume setts. didate wants to do? Basically, it seems first we would not have most of these Mr. KERRY. Mr. President, we are to me what our friends on the other provisions in a small business bill, but beginning debate this morning on what side of the aisle are saying is Vice if we had, for example, would a con- is ostensibly the conference report of President GORE is right; Governor Bush feree coming from Massachusetts been the Small Business Committee of is wrong. concerned about the massive quantity which I have the pleasure to serve as Mr. KERRY. Let me say to my col- of money that would go to HMOs in re- the ranking member. Obviously, no- league from Nebraska, he is absolutely sponse to this balanced budget fix? body has any illusions that what the correct. That is exactly what has hap- Would there not have been an aggres- debate on the floor of the Senate today pened. That is exactly the state of af- sive debate saying you cannot do that is about is small business issues. This fairs. In point of fact, let me say as a in the dead of night, take bags of is the so-called tax bill that has been matter of courtesy, in terms of the money and give it to HMOs that are attached to the Small Business con- process of the Senate, as ranking mem- not deserving, when, in fact, small hos- ference report. But let me say a word, ber of the Small Business Committee, I pitals, inner-city hospitals, and others if I may, about the process by which was never called, never asked, never who are desperately in need of these re- how this package was made a part of even presented this conference report sources do not get it? Would there not the Small Business Reauthorization for signature, never even told as a mat- have been aggressive debate on that, Act of 2000. ter of courtesy what would go into this and probably the disinfectant of sun- Despite being named a conferee, and package and happen to the hard work light would have given us the oppor- despite the inclusion of provisions that of the Small Business Committee. It tunity to dump many of these provi- are important to small business, and was simply done in the dead of night sions? despite the fact that this conference re- and presented to us, fait accompli, to Mr. KERRY. I say to my colleague port contains the work of the Small the Congress. from the State of North Dakota, he is Business Committee and which I de- I think all of us have the right to again absolutely correct, in that the voted a considerable amount of time ask, as Senators, what kind of courtesy only portion of this bill discussed effort and energy to negotiating, I will is this we are being afforded as a mat- amongst the conferees was the Small

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.002 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11195 Business Reauthorization Act. I was cerns on school construction, health care, (HMOs) while rejecting critical investments never consulted as to what additional and pensions policy. If this current tax and in beneficiaries and vulnerable health care measures were included. And, in many Medicare/Medicaid package is presented to providers. Specifically, you insist on an un- respects, it is even worse than he has me, I will have no choice but to veto it. justifiable spending increase for HMOs at the While we have already reached substantial same time as you exclude bipartisan policies described. As I said, there was a con- agreement in important areas, such as re- such as health insurance options for children ference on which we worked hard with placement of the Foreign Sales Corporations with disabilities, legal immigrant pregnant respect to small business legislation regime, your legislation has substantial women and children, and enrolling uninsured itself, but that conference is not even flaws in several key areas. children in schools, as well as needed pay- properly reflected in the small business As I stated yesterday, I believe it is abso- ment increases to hospitals, academic health bill that has been brought here because lutely essential that we do as much as pos- centers, home health agencies, and other this is a changed small business bill. It sible to meet America’s need for safe and vulnerable providers. Congress should not go modern schools. It is estimated that there is not completely the Reauthorization home without responding to the urgent may be as much as a $125 billion dollar fi- health needs of our seniors, people with dis- package that we had conferenced. It nancing gap in meeting the school construc- abilities, and children and the health care has been changed without the courtesy tion and modernization needs of our chil- providers who serve them. of involving those of us on this side of dren. A far better path than the current one is the aisle, obviously without the debate The bipartisan Rangel-Johnson proposal to for Congressional Republicans, Democrats, that would have had the impact the finance $25 billion in bonds to construct and and my Administration to come together in Senator from North Dakota cites. modernize 6,000 schools is, quite frankly, the a bipartisan process to find common ground I have here the letter from the Presi- very least we should do, given the magnitude on both tax relief and Medicare/Medicaid re- of this problem and its importance to Amer- finements. dent of the United States in which he ica’s future. Unfortunately, your proposal Sincerely, promises this report will be vetoed. I falls far short of the mark. We should not WILLIAM J. CLINTON. know the leadership on the other side sacrifice thousands of modernized schools to Mr. KERRY. Mr. President, the of the aisle has read this and notwith- pay for inefficient tax incentives that help President said: only a few. For example, the arbitrage provi- standing that the President has prom- While we have already reached substantial sion encourages delay in urgently needed ised that this will be vetoed and not- agreement in important areas, such as re- school construction and would disproportion- withstanding the fact that the Presi- placement of the Foreign Sales Corporation ately help wealthy school districts. dent is making it very clear to the On health care, my offer sought to lay a regime, your legislation— American people and to our colleagues path to common ground by coupling both of He is writing to the House and Sen- why it will be vetoed, they, neverthe- our priorities on health and long-term care. ate Republican leaders— less, have seen fit to simply bring this Unfortunately, your health care proposal your legislation has substantial flaws in to the floor and, so to speak, stuff it completely ignores our proposal to cover key areas. As I stated yesterday— through the Senate. Why? To create a millions of uninsured, working Americans. This is the President of the United political issue or perhaps simply to be Instead you put forward a series of tax cuts States saying this— stubborn and try to set up the Presi- that, particularly when standing alone, would be inequitable, inefficient, and even I believe it is absolutely essential that we dent for some possible political gain. potentially counterproductive health care do as much as possible to meet America’s This is precisely what George Bush policy. For example, while our FamilyCare need for safe and modern schools. It is esti- himself has been talking about: par- proposal would expand coverage to 4 million mated that there may be as much as a $125 tisanship, bickering, the very kind of uninsured parents at a cost of slightly over billion financing gap in meeting the school thing that supposedly he says he could $3,000 per person, your proposal would pro- construction and modernization needs of our control here and on which he has been vide additional coverage to one-seventh the children. The bipartisan Rangel-Johnson people at six times the cost per person. proposal to finance $25 billion in bonds to campaigning. He was asked to make construct and modernize 6,000 schools is, Moreover, your proposal would give the least one phone call to stop this and he will quite frankly, the very least we should do, assistance to moderate-income families that not even make that phone call. Here we given the magnitude of this problem and its need help the most, while even raising con- importance to America’s future. Unfortu- are debating, and people are wondering cerns that those with employer-based cov- nately, your proposal falls far short of the why we are here. Why debate this erage today could lose their insurance. measure just so it can be vetoed. Why Similarly, on long-term care, I offered to mark. not bring up the Patients’ Bill of embrace your proposed deduction for long- So yesterday, and in prior discus- Rights, or provide a prescription drug term care insurance in exchange for inclu- sions for weeks, the President made it benefit for seniors under Medicare in- sion of my proposal to give families, who are very clear this falls short; this will not stead of wasting time? burdened today by long-term care needs, a be sufficient; he will veto it. Neverthe- I will share what President Clinton $3,000 tax credit. Unfortunately, your legisla- less, we are here. tion ignores the bipartisan package I sug- The President goes on to say: said before this catchall package came gested and instead would provide half the We should not sacrifice thousands of mod- to the floor, before we had to be put benefits of my proposal for financially ernized schools to pay for inefficient tax in- into this position of voting against it. pressed families trying to provide long-term centives that help only a few. For example, I am reading from the President’s let- care for elderly and sick family members. the arbitrage provision encourages delay in Surely we can agree on this bipartisan com- ter of October 26. I ask unanimous con- urgently needed school construction and sent that the entire letter be printed in promise that has already been endorsed by a would disproportionately help wealthy the RECORD. broad array of members of Congress, advo- school districts. cates for seniors and people with disabilities, There being no objection, the letter Health care is perhaps one of the was ordered to be printed in the and insurers. Similarly, I am perplexed that we cannot agree to include the bipartisan most important components of this RECORD, as follows: credit for vaccine research and purchases bill. The Senator from Nebraska raised THE WHITE HOUSE, that is essential to save lives and advance this same point—we are talking about OFFICE OF THE PRESS SECRETARY, public health. the health care system of the country. October 26, 2000. I also am disappointed that you have made It has been an enormously divisive and DEAR MR. SPEAKER: (DEAR MR. LEADER:) virtually no attempt to address the concerns complicated issue within the Finance Thank you for your letter yesterday re- my Administration has expressed to you sponding to my proposed consensus tax pack- about the pension provisions of your bill. By Committee. Suddenly, in the dead of age. As I said yesterday, I believe we all have dropping the progressive savings incentives night, it is just snatched out, a pro- a responsibility to make every possible ef- from the Senate Finance Committee bill, posal is sent to the floor as part of the fort to come together on a bipartisan agree- you have failed to address the lack of pen- Small Business Reauthorization Act of ment on tax relief and Medicare/Medicaid sion coverage for over 70 million people. 2000 and people are surprised that the that will maintain fiscal discipline and serve Moreover, employers may have new incen- President may decide he is going to the interests of all the American people. tives to drop pension coverage for some of veto it and that those of us on this side That is why I put forward a good faith offer the low- and moderate-income workers lucky of the aisle might have objections to yesterday that sought to reflect our differing enough to have pension plans today. priorities in a balanced manner. I was dis- Finally, I remain deeply concerned that that piece of legislation coming to the appointed, however, that, without any con- your Medicare and Medicaid refinement pro- floor in this manner. sultation with me or Congressional Demo- posal continues to fail to attach account- Nobody should be surprised about our crats, you chose to put forward a partisan ability provisions to excessive payment in- concerns under these unusual cir- legislative package that ignores our key con- creases to health maintenance organizations cumstances.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.005 pfrm01 PsN: S27PT1 S11196 CONGRESSIONAL RECORD — SENATE October 27, 2000 This is what the President says: trying to target appropriately—appro- Mr. KERREY. And then I will wait to On health care, my offer sought to lay a priately, I underline ‘‘appropriately’’— speak further after the Senator fin- path to common ground by coupling both of is really critical because what the Re- ishes his opening remarks. our priorities on health and long-term care. publicans are doing here is targeting, In this morning’s New York Times, In other words, the President sought which is precisely what their candidate there is an article describing the Texas to find the common ground. The Presi- has criticized, but they are targeting Governor’s speech in Pennsylvania yes- dent sought compromise. The Presi- inappropriately. They are targeting, terday. He does know how to turn a dent sought to try to address the needs once again, to reward those already phrase. It is very good language. But I of both Republicans and Democrats on most rewarded. They are targeting to wonder if the Senator from Massachu- health and long-term care. reward those who already have health setts sees a conflict in what the Gov- He writes: care. They are targeting in a way that ernor of Texas is saying that he wants Unfortunately, your health care proposal ignores the concern of the President to do and what is in this bill. completely ignores our proposal to cover and most of us here, which is: How do Let me read what he said: millions of uninsured, working Americans. you provide coverage to those people In my administration, we will ask not only Instead, you put forward a series of tax cuts who are without coverage or having what is legal but also what is right, not just that, particularly, when standing alone, the greatest difficulty in providing for what the lawyers allow but what the public would be inequitable, inefficient, and even their health care with HMOs that are deserves. potentially counterproductive to health care He went on and said: policy. cutting them out. Mr. KERREY. Will the Senator yield In my administration, we will make it The reason they would be counter- for a further question? clear there is the controlling legal authority productive to health care policy is be- Mr. KERRY. I would be glad to yield. of conscience. cause the Republican proposal gives Mr. KERREY. Essentially, the argu- Does my friend from Massachusetts tax cuts to people who already have ment is over. Our colleagues on the think this process and this proposal health care, who already have a high other side of the aisle are agreeing meets the test that the Governor of level of income, who are already cov- with us; their Presidential candidate is Texas set yesterday in Pennsylvania? ered by employers, and what you do by wrong; we should target tax cuts. Mr. KERRY. Mr. President, let me doing that is provide an incentive for Then you move on to the next ques- say to my colleague, the question he employers to turn to them and say: We tion, which is, Who is going to get the raises should not be treated by my col- do not need to cover you anymore; you tax cut? What standards do we apply to leagues as simply political posturing or can go out and get your own health make that decision? Would the Senator somehow a statement that suggests care because you are getting a tax from Massachusetts agree that it that there is simply a point to be cut—while it leaves millions of Ameri- seems one of the missing questions scored here. cans who are uninsured without any in- that was not asked was—it doesn’t In the years I have been here, I have surance options whatsoever. That is so seem to me it was asked. None of our never seen the distinguished Senator patently counterproductive, as well as colleagues from the other side of the from West Virginia, Mr. BYRD—who I patently unfair, that it begs our com- aisle are here. I look forward to asking think most people in the Senate would ing to the floor of the Senate to stand them. I don’t know who was in the agree is really the custodian of the in- with the President and suggest this room when this was written. But who- stitution—he is the Senator who has ought to be vetoed. ever was in the room from the other written the most, thought the most, Mr. KERREY. Will the Senator from side of the aisle, there were no Demo- and perhaps stood the strongest for the Massachusetts yield for another ques- crats there. Does it appear to the Sen- rights and prerogatives of Senators, tion? ator that anybody in that room asked and the rights and prerogatives of this Mr. KERRY. I will be delighted to the question: Is this fair, given the institution. yield to my colleague. needs of this country? Is this package What the Senator from Nebraska is Mr. KERREY. One of the Presidential fair? Did they seem to apply a standard raising in his question really goes to debates was in Massachusetts. I know or a test of fairness as they made their the core of the conscience, if you will, the distinguished Senator attended it. I decision? of the Senate, of what is right, of what suspect he watched the other Presi- Mr. KERRY. Let me answer the Sen- is the controlling legal authority for dential debates. One of the most impor- ator from Nebraska by saying, in the 16 the Senate. tant dividing lines between the two years I have been in the Senate—in the Is it appropriate to have a process candidates is that the Governor from debates we had in 1986 on tax sim- that excludes and distorts and dimin- Texas has been saying Washington, DC plification—in almost every single tax ishes the institution in the way this should not decide who gets a tax cut proposal we have worked on in those process has? and who does not. The Vice President years, I have never heard the word The distinguished minority leader is has been saying—not only for fiscal ‘‘fairness’’ come from that side of the on the floor of the Senate. I saw him as reasons but also for reasons of fair- aisle. I have never heard them suggest angry yesterday and as visibly upset as ness—that is precisely what we should that the plan they are offering America I think any of us in our caucus have do. We should decide who is going to is based on a fundamental notion of ever seen him because of his sense of get a tax cut and target those tax cuts what is fair for all Americans. this violation of process, of the ways in rather than having across-the-board Mr. KERREY. I wonder if the Sen- which the rights of individual Senators tax cuts predominantly for the ator—— are being denied. wealthiest Americans. Mr. KERRY. I will say this to my col- Now, people may not like a par- It seems to me what the Republican league. If you look at the distribution ticular vote around here, and people leadership in the House and the Senate here to the HMOs, and if you look at may not want to vote because they are saying that the Vice President is what happens to community hospitals, don’t like the fact they have to stand right; we should target taxes and tax to home health care delivery, to the by that vote, but the fact is, this legis- cuts. I wonder if the Senator from Mas- nursing homes, to those people who are lation that comes to the floor of the sachusetts sees it that way. part of a community and stay in a Senate today is a violation of our Mr. KERRY. I say to my colleague community, and who are not there for rights, of the sort of conscience, if you from Nebraska, he is again perceptive profit, versus what they have done to will, that the Senator is talking about, in seeing the extraordinary contradic- provide the lion’s share of funding to about doing what is right. tion in the actions taken by the major- those who work for profit but at the I will go on, if I may, to under- ity party, the Republicans in Congress, same time have cut off 400,000 senior score—— compared to what their own nominee citizens from getting health care, it is Mrs. BOXER. Before the Senator for President is suggesting is the ap- an extraordinary imbalance on its face. moves on any further, I ask him if he propriate way to proceed. Indeed, the Mr. KERREY. Will the Senator yield will yield for a question? very criticism leveled by George Bush for one additional question? Mr. KERRY. I am delighted to yield against AL GORE that he is, in fact, Mr. KERRY. I will yield. to the Senator.

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.006 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11197 (Mr. BROWNBACK assumed the HMOs. But here we are with a great big posal for financially pressed families trying chair.) grab bag giveaway to the HMOs, with- to provide long-term care for elderly and Mrs. BOXER. I thank my friend from out any of those standards being em- sick family members. Surely we can agree on Massachusetts for coming down here braced here. this bipartisan compromise that has already been endorsed by a broad array of members and putting into words what so many If you want to talk about the con- of Congress, advocates for seniors and people of us are feeling—just this sense of un- science, and doing what is right, which with disabilities and insurers. Similarly, I fairness, not only about the process, is what the Senator from Nebraska am perplexed that we cannot agree to in- which he described so well, taking talked about, here is an incredible ex- clude the bipartisan credit for vaccine re- what is supposed to be a Small Busi- ample of the way in which they have search and purchases that is essential to ness bill, hollowing it out and stuffing sort of flagrantly chosen how to satisfy save lives and advance public health. it full of other issues, leaving out the their constituencies, their sense of who Let me say a word about that, if I people who are supposed to be involved, ought to get something, and have left may, because I wrote that legislation. but also the substance of what is actu- out completely the rights we have been We have been struggling in the Con- ally in this bill. fighting for that would have accrued— gress to get this considered. I wrote it I want to probe him on one question. the basic rights, a woman’s right to with Senator BILL FRIST. This is an ef- Is the Senator aware that tens of bil- know she can keep her own OB/GYN fort to try to guarantee that the great lions of dollars in this bill are going to she has had for a number of years, a AIDS crisis will be properly addressed. the HMOs, and there is not one string person’s right to go to an emergency Millions of people are dying in Africa, attached that the HMOs have to serve room of their choice, a right to a sec- countless hundreds of thousands are af- the senior citizens who they kicked out ond opinion. Think about that, to get a fected here in our own country by this of Medicare? second opinion and not to have some ravaging disease. Unfortunately, the We are giving bags of money to one HMO bureaucrat in a State that isn’t pharmaceutical companies have no in- of the most unpopular businesses in even associated with your particular centive because people in those coun- America today because they do not health care problem not make the deci- tries cannot afford to buy the drugs. It treat people fairly, without one re- sion but have your doctor make a deci- is much more profitable to produce quirement that they take these seniors sion. We can’t even come to the floor of Viagra or any number of other drugs home again and give them health care the Senate and do that here. We have that are advertised now—Claritin, again. to give away money to the folks who whatever. There are a whole set of I say to the Senator, you have seen it already have health care rather than drugs that have quick return and that in your State and I have seen it in my taking care of the people who are unin- make money. But poor countries can- State, where seniors were told: Join sured which could be done cheaper. not afford to buy these drugs. this HMO through Medicare. You won’t In fact, what the President says in We have already passed into legisla- have any copayments. You will be fine, his letter is really interesting. I will tion funding of some $500 million for only to wake up in the morning and be share this completely with my col- AIDS vaccine distribution across the kicked out. leagues as we put it into the RECORD. world. The problem is that there is no Could my colleague talk about the The President said, before this came vaccine today, and there won’t be a fairness or unfairness of that? to the floor, before we were put in the vaccine unless the companies have an Mr. KERRY. May I say to my friend predicament of having to vote against incentive and a capacity to be able to from California, she is one of the cham- something that has a lot of good in it, develop it. It is not only AIDS, inciden- pions in the Senate for that kind of many of us like components of what is tally, it is also for tuberculosis, for ma- fairness and for her sensitivity to the in this bill. Many of us worked hard to laria. There are infectious diseases for notion of what happens to our seniors. get components of this bill. We are which we could have further research Obviously in California it is vital to going to be forced to vote against it be- in terms of vaccine development. have that kind of sensitivity. cause of the fundamental unfairness. What we want to do is provide the Let me underscore what she just The President of the United States companies with a tax credit and the ca- said, because not only do the tens of makes that very clear in his letter. I pacity to do that. It has broad bipar- billions of dollars go to the HMOs in a will continue to read what the Presi- tisan support. It is only $1.5 billion disproportionate share—one-third in dent says to both leaders: over 10 years. But that is not even in the first 5 years, 50 percent in the sec- Instead you put forward a series of tax cuts here. That is ignored in here. The ond 5 years—the Senator from South that, particularly when standing alone, President of the United States is sug- Dakota, the distinguished minority would be inequitable, inefficient, and even gesting it ought to be in here. They are leader, led an effort in the Senate to potentially counterproductive to health care perfectly prepared to take a huge per- try to secure $80 billion as the appro- policy. For example, while our FamilyCare centage of the $30 billion and give it to proposal would expand coverage to 4 million priate balanced budget fix here, with a the HMOs, but they are not prepared to recognition that we would do away uninsured parents at a cost of slightly over $3,000 per person, your proposal would pro- provide the $1.5 billion in an effort to with the 15-percent cut which has been vide additional coverage to one-seventh the provide incentives foe AIDS vaccine re- mandated inappropriately by almost people at six times the cost per person. search. everybody’s agreement. Moreover, your proposal would give the least The President also says: What we are winding up with is $30 assistance to moderate income families that I also am disappointed that you have made billion, which has now been divided by need the help the most, while even raising virtually no attempt to address the concerns the majority party completely inappro- concerns that those with employer-based my Administration has expressed to you priately to one of the greatest sources coverage today could lose their insurance. about the pension provisions of your bill. By of the problem in the delivery of health Similarly, on long-term care, I offered to dropping the progressive savings incentives embrace your proposed deduction for long- care in the country. from the Senate Finance Committee bill, term care insurance in exchange for inclu- you have failed to address the lack of pen- What is absolutely extraordinary in sion of my proposal to give families, who are this situation is that, as the Senator sion coverage for over 70 million people. burdened today by long-term care needs, a Moreover, employers may have new incen- from California mentions, there is only $3,000 tax credit. tives to drop pension coverage for some of one sort of minor requirement here That sounds pretty bipartisan to me. the low- and moderate-income workers lucky about what kind of behavior the HMOs The President said: I offered to em- enough to have pension plans today. might be held to. brace your proposed deduction if you Finally, I remain deeply concerned that All of us in the Senate have been would embrace my effort to give fami- your Medicare and Medicaid refinement pro- fighting for months to try to get a Pa- lies who have long-term care problems posal continues to fail to attach account- ability provisions to excessive payment in- tients’ Bill of Rights and establish a a $3,000 tax credit. real set of principles and standards by creases to health maintenance organizations What happens? Rebuffed. (HMOs) while rejecting critical investments which people in the United States will The President says: in beneficiaries and vulnerable health care know what they are going to get from Unfortunately, your legislation ignores the providers. Specifically, you insist on an un- HMOs, what they can expect from bipartisan package I suggested and instead justified spending increase for HMOs at the HMOs, and how they will be treated by would provide half the benefits of my pro- same time as you exclude bipartisan policies

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.009 pfrm01 PsN: S27PT1 S11198 CONGRESSIONAL RECORD — SENATE October 27, 2000 such as health insurance options for children business reauthorization that we time talking about the President’s veto with disabilities, legal immigrant pregnant worked on. It has been changed, again, letter, and I am amused in part because women and children, and enrolling uninsured we had no consultation and no part. the Speaker has already addressed the children in schools, as well as needed pay- Mr. DASCHLE. I ask the Senator veto letter and was asked yesterday if ment increases to hospitals, academic health from Massachusetts this: Obviously, centers, home health agencies, and other Republicans would be willing to rework vulnerable providers. Congress should not go there are many times when we are the tax cut bill after a veto. He re- home without responding to the urgent called upon to vote. But I have never sponded—I hope colleagues will listen— health needs of our seniors, people with dis- heard of a time when the ranking mem- that any new legislation would have to abilities, and children and the health care ber of a conference was denied even ac- go through committee, and anything providers who serve them. cess to the text of whatever it was he else would amount to half—I will call I read the newspapers today, and I was conferencing on. it ‘‘half-baked’’ legislation. He has an- saw a fairly typical sort of Washington Let me ask the Senator from Massa- other term, but I don’t think I want to response from someone on the other chusetts, has he now seen a copy of the dignify it this morning. side of the aisle suggesting that the conference report? Anything other than a committee President’s veto of this bill was some- Mr. KERRY. I have it right here, Mr. process is half-baked, according to the how going to provide them with an President. I tell the leader I do now Speaker. Maybe that is how we leave upper hand in the last weeks of this have a copy of it. out minimum wage reauthorization. election cycle. This is not about the Mr. DASCHLE. Is it the Senator’s un- Maybe that is how we leave out Demo- derstanding that the entire conference last week of the election. This is about cratic proposals, as the Senator from report is what we have in our hands— fundamental policy, which the Presi- Nebraska had offered in the com- two pages? mittee, along with others, to make this dent has described in this letter, which Mr. KERRY. It is two pages with two more fair. Maybe that is how it hap- goes directly to the question of how signature pages, and the joint explana- pens. Maybe you don’t produce a bill this country is going to provide for tory statement of the committee— this thick because you don’t care about health care for our citizens. There are about five pages. I will show it to my fairness; you don’t care about getting 44 million or so Americans who have no colleague. I had no input on this ex- health care whatsoever. What about it right. planatory statement and it is hard to I ask the Senator from Massachu- them? explain, but it is just a small para- Mr. DASCHLE. Will the Senator from setts whether he would care to observe graph to describe the hundreds of pages whether he has had, in his experience Massachusetts yield for a moment? mention on by reference in this report. as ranking member, a time when he Mr. KERRY. I am happy to yield to Mr. DASCHLE. Mr. President, I am has ever seen legislation coming to the the distinguished leader. really amazed and somewhat amused. Mr. DASCHLE. I thank him and com- As you look at this so-called con- floor in this form, leaving out provi- mend him for his powerful statement ference report, one could almost read it sions that literally nullify a law that and the eloquence with which he has in less than a couple of minutes. I has been standing now for almost 70 described our current circumstance. won’t do that. But I find it interesting, years? I appreciate especially his interest in Mr. KERRY. Mr. President, I voiced and I ask the Senator from Massachu- reading into the RECORD many of the my concern about this to the leader setts if he could share his observations yesterday and a number of times pre- concerns the President expressed in his with regard to the way this conference viously—that this is not the way to letter to all of us yesterday. I also ap- report was written. This is no con- preciate his contribution to the caucus ference report. This is nothing more legislate. I think most of us understand as we have attempted to work through than a list of references to other bills that. I think it really calls to question how we ought to respond to this very proclaiming it to be a conference re- the sort of good-faith, bipartisan ef- unusual set of circumstances. He is our port. This says: forts our friends often talk about. ranking member on the Committee on There is a simple matter of courtesy The provisions of the bills of the 106th Con- Small Business. He indicated to me gress are hereby enacted into law: H.R. 5538, with which this institution and any in- yesterday that there was no consulta- H.R. 5542, H.R. 5543, H.R. 5544, H.R. 5545. stitution essentially needs to run. I tion prior to the time this conference So ends the conference report. That don’t like to say this, but I have to say report was brought to the Senate. I ask is the most remarkable thing. I just that it just sort of runs roughshod over the Senator from Massachusetts if he can’t imagine that anybody would be anybody’s notions of decency that could elaborate first on what consulta- willing to put their signature to a con- there isn’t even a phone call, there tion, what degree of communication ference report which does nothing more isn’t even a discussion. Is there a way there was in coming to the floor and in than reference other bills. This is the to work this out? Can we sit down? Can talking about this bill. To what extent conference report—or a representation we have a meeting? What is possible was his signature sought prior to the of the conference report. This is what here? None of those questions were time we came to the floor? it should look like. What I hold in my asked—just an assumption that this is Mr. KERRY. Mr. President, I will hands is how thick the conference re- the way we are going to do it and we gladly respond to the distinguished port should be. Yet as thick as this is, are going to proceed forward. I just leader’s question. I went into this a lit- they could not even get it right. We ac- think it is destructive and unfortunate. tle bit before he came. Let me repeat: tually terminate the minimum wage in Mr. DASCHLE. I ask the Senator The distinguished Senator from Mis- this conference report. I wonder wheth- from Massachusetts whether he shares souri and I worked hard on the small er the Senator from Massachusetts is my observation that it comes down to business components of this. But there aware of that and could respond to how a question, as he said, of fairness. We was no consultation whatsoever, no that could have happened. are talking about whether or not this phone call, no request for signature, no Mr. KERRY. Mr. President, let me process is fair, whether or not, with all meeting, no discussion even about this say to the distinguished leader, I only of the talk of bipartisanship in the bill being used, at least with this Sen- learned that this morning having had Presidential campaign, there is any ator, as the vehicle for these compo- limited time to review it. Well, it ei- element of fairness or bipartisanship in nents being put in it. We were not in ther happened purposefully or by acci- the way this process has unfolded; the room. We didn’t know where the dent. Either way, that is not the intent whether or not there is fairness in a room was. We weren’t even asked of the Congress with respect to the school construction proposal that whether or not this was something we minimum wage. I understand that it is leaves out over 90 percent of the school might or might not object to or what a 6-month termination of the minimum construction opportunity and need we the impact might be on the bipartisan wage, which I hope is by accident. But have in this country; whether or not it efforts that had taken place to have a if it is, it represents the craziness and is fair to provide more benefits to the complete small business reauthoriza- the sloppiness of the way in which this top 5 percent of all taxpayers than the tion bill. has come to the floor. bottom 80 percent as represented in Moreover, the bill that comes to the Mr. DASCHLE. Well, as I say, I note this bill; whether or not it is fair to floor today is not even the same small in amusement, the Senator spent some give a third of all the benefits we are

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.012 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11199 providing in BBA back to the HMOs as Mr. KERRY. I will be happy to yield rule XXVIII, and I am confident he is ransom payments to stay in States for a question. going to talk about that and he is that they have already proclaimed Mrs. BOXER. I am sitting here lis- going to say, well, the Senate created a they will not do. I ask the Senator tening carefully to the Senator from situation whereby this rule was re- from Massachusetts whether he doesn’t Massachusetts, to my Democratic lead- placed by a precedent allowing an un- agree that really the essence of this ar- er, and others. I realize why the Sen- fortunate process whereby a piece of gument, the essence of this debate is a ator started out with the word ‘‘fair- legislation like this ‘‘can happen.’’ question of fairness. ness’’ and why this bill is so unfair. I That goes to what the Senator from Mr. KERRY. Mr. President, I believe wish to just ask one question. I wonder Nebraska was talking about—the legal the eloquent questions asked by the if my friend has seen the Washington authority versus the sense of con- Senator from South Dakota make their Post analysis of this particular tax bill science and the question of what is own answers. I think any American entitled ‘‘Businesses Poised To Benefit right and what is wrong. dispassionately making a judgment From Bills.’’ It also goes to the question of how about this process and looking at this I wanted to point out an irony and one gets things done. I will readily ac- legislation and measuring its impact see if my friend doesn’t agree, the knowledge that there is a ‘‘precedent’’ would come to the conclusion that the irony of calling this a small business that allows last minute things to hap- fundamental sense of fairness, that the bill; in other words, they have hollowed pen in the context of a conference. But distinguished leader is talking about, out the small business bill. But let’s the precedent and the rectitude with is absent. look at what they have done. And I will which it might be legitimately used I am sure the distinguished majority be very brief, but I think it is impor- does nothing to wipe away the question leader, who is standing here, will have tant. It says, ‘‘From the National Asso- of the sort of moral or political legit- his response, and I understand that. He ciation of Broadcasters and defense imacy within the context of this insti- is going to suggest, wait a minute, fair- contractors to the racetrack industry, tution or our own politics. When the ness is fairness. But here is a letter to tobacco companies, business inter- President of the United States sends a from the President of the United ests are poised to reap large benefits letter and says: Don’t do this; I will States. The President of the United from the small print of Republican- veto it because it is fundamentally un- States says if we do this, he is going to backed bills that were moving through fair, but nevertheless people go ahead veto this. He has proven previously he Congress yesterday.’’ and proceed to do it anyway, that real- is prepared to veto bills when he says Looking at several of the bills, it ly calls into question motive, purpose, he will. goes on to say—and again I will be outcome, and why we are here today in It seems to me that if we are not brief—‘‘But those benefits pale’’—those this situation. looking for a political issue, if we real- benefits pale—‘‘in comparison with the So I am going to readily acknowl- ly want to legislate, we would sit down ones lavished on medical care pro- edge, sure, you can use some techni- with the President of the United States viders,’’ the HMOs. Those pale. So they cality of legitimacy to say it, but it is and say, OK, Mr. President, we are pre- gave to the tobacco industry; they gave not legitimate in the larger context of pared to offer this; let’s have an agree- to the defense contractors; they gave what we are trying to get done. It is ment. But the President says that even to the broadcasters. We know how they not legitimate when measured against his offer—I want to reemphasize this— are all suffering. And those benefits the judgment of most Americans about even his offer was refused. The Presi- pale in comparison with what they what is fair and right. dent says on long-term care: gave to the HMOs. So when the Vice It is clear that we have a health care I offered to embrace your proposed deduc- President is out there talking about delivery system problem. We have mil- tion for long-term care in exchange for in- fairness and talking about fighting for lions of Americans who have no insur- clusion of my proposal to give families who people, this proves his point. When ance whatsoever. The President offered are burdened today by long-term care needs Democrats are locked out of the a way, a far less expensive way than a $3,000 tax credit. room—and we know they were—who that which has been exploited by the Let me ask my colleagues this: Long- walks away with the sacks of money majority party, to provide care to term care, I have become particularly but the HMOs that have been hurting those citizens. In his letter—and I want familiar with that over the course of our people. to emphasize this—the President says the last year and a half. My father So I think my friend has really laid very clearly, ‘‘Our family care proposal passed away last July and he had con- out the case. And by the way, the Post would expand coverage to 4 million un- siderable care, as my mother does points out there are many other special insured parents at a cost of slightly today. It is expensive. We are fortunate interests hanging around these cor- over $3,000 per person. Your proposal’’— that we can pay for it. But it taught ridors. They are unhappy they were this is the proposal of the majority me firsthand what happens to those left out of the mix, and they are listed side—‘‘would provide additional cov- families who can’t and how extraor- here—the lobbyists in their pinstripe erage to one-seventh the people at six dinarily expensive and difficult it is. suits standing around here waiting to times the cost.’’ One-seventh of the We have driven families out of hospital get in, waiting to get some of the bene- people at six times the cost. care and we have driven them out of fits. That is what this fight is about. It is nursing home care. We have increas- So I just wonder at the irony of the about uninsured people versus people ingly, through the creation of the situation. I notice my friend is not who are insured. It is about unintended drugs we have in this country, made it wearing a pinstripe suit himself today. consequences, or maybe vague results. easier for people to be treated at home But the bottom line here is giveaways If you give a health care tax credit to and be kept out of the hospital. But to those who have, asking nothing in people who already have coverage, you here we are denying people the capac- return, giveaways to those who are are giving an incentive to corporations ity to have a $3,000 tax credit for long- hurting the senior citizens, kicking that provide that coverage to turn to term care. Why? So you can give more them out of the HMOs because they say them and say we don’t need to provide money back to the HMOs. Where is the Medicare doesn’t pay enough. They get you with coverage anymore; you now fundamental sense of fairness? The billions of dollars back. Nothing is have a handsome health care tax credit President of the United States offered really asked of them to walk away from the Federal Government; go buy to the majority party the chance to with those sacks of money. And all your own. And you wind up reducing say let’s compromise. And what hap- they are doing with the so-called small the number of those who are covered, pens? We get legislation coming to the business bill is giving breaks to big not in fact encouraging further cov- floor that seeks to just stuff it to the business. I say to my friend, he is right erage. So there is a complete reversal President of the United States and to be upset on this point. of policy in a sense here, and I think it stuff it to the rest of us here and stuff Mr. KERRY. Well, I may say to the goes to the core of what this particular it to the American people. Senator from California—and I know legislation is about. Mrs. BOXER. Will my friend yield for the majority leader is going to point Now, I said earlier—and I want to a question, Mr. President? this out to us—we have a rule here, complete the part of my statement

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.014 pfrm01 PsN: S27PT1 S11200 CONGRESSIONAL RECORD — SENATE October 27, 2000 about what is going in this bill and search and training and management of all of the relief in this bill goes to why I think we could find a common assistance was stripped out without HMOs; over the second 5 years one-half ground. It seems to me there is a com- our knowledge or consent. Again, with- of the relief goes to HMOs. mon ground that could be found. First out sort of our consent or participation It is unconscionable to bolster Medi- of all, the small business provisions are whatsoever. care funds for HMOs at the expense of good. We worked at them, hard. I But let me focus finally, if I may, on our community hospitals, nursing might also emphasize that the hard underscoring a couple of aspects about homes, and home health agencies—pro- work is one of the reasons that they the bipartisanship here. I introduced viders that do not pick-up and leave a are good—and I congratulate the Sen- legislation earlier this year, with my community just because they are not ator from Missouri, Mr. BOND, and his distinguished colleague from Maine, making a profit. HMOs’ treatment of staff for this—we worked together in Senator COLLINS, to try to address the seniors has been deplorable—having order to try to accommodate people. lack of adequate funding for one spe- dropped 400,000 from their plans this We accommodated the Senator from cific service on which seniors depend, year—and should not be rewarded. Minnesota, Mr. WELLSTONE, on one and that is home health care. We both Yet that’s all this bill does—and my component, which was a very impor- shared a belief—shared by almost all of hope is that after this bill is vetoed, tant part of expanding the reach of pro- our colleagues in the Senate—that the when Congress returns, that we’ll be grams into low-income communities, crisis in home health care is becoming able to do in home health care relief and that was how we came to a con- so glaring that we ought to be able to what we should have been doing all sensus agreement of bipartisanship build a bipartisan consensus here to do along—providing a meaningful lifeline within our committee. something about it. And we laid out a to these home health care agencies But, again, without my knowledge, sense of how the Senate could do that. which make such difference in the lives without one Senate Democrat being Unfortunately, in this legislation, we of our seniors. there, that entire provision was thrown see a reluctance to try to properly ad- Vaccines for the New Millennium and traded away in the middle of the dress that home health care compo- Act—Omitted from Final Tax Package. I want to also talk about an issue night, in a room that I still do not nent, coupled with the nursing home that I have worked on for 2 years, in know where it was, with those people care component—again, in favor of the one of the best bipartisan efforts I have who met without even inviting us. The HMOs themselves which have cut some been a part of in my 16 years here. consensus that had been built for the 400,000 seniors from coverage in the small business bill was traded away in Democrats and Republicans have ne- course of the year. gotiated together for the past 2 years exchange for other items that are in We laid out the picture for the Sen- to create a strong bipartisan bill to this legislation. I say to my colleagues, ate: Funding for home health care has provide assistance with the develop- respectfully, that is not the way to plummeted since enactment of the ment and purchase of vaccines for build consensus. That is not the way to BBA of 1997. The original cuts in home AIDS, tuberculosis, and malaria. encourage the capacity to have agree- health care payments included in the I sat down with BILL FRIST, with the ment in the final results here. BBA totaled $16 billion, but estimates distinguished Chairman of the Foreign There are important provisions in now show that the industry will sus- Relations Committee, JESSE HELMS, this bill. Provisions which I worked to tain a cut in Medicare reimbursement and with numerous colleagues on the include and worked with other mem- of more than 4 times that—$69 billion. Democratic side who wanted to address bers to get included. There is a reau- According to CBO, Medicare spending a global crisis having an extraordinary thorization of the National Women’s on home health care dropped 45 percent impact particularly on sub-Saharan Af- Business Council at $1 million a year. in the last two fiscal years—from $17.5 rica. That is important. We should be doing billion in 1998 to $9.7 billion in 1999—far The Administration was strongly that together. It enhances the procure- beyond the original amount of savings supportive of our efforts—as were our ment opportunities for women-owned sought by the BBA. The draconian cuts colleagues in the House. businesses. We built an important con- in home health care services mirror the And yet the Vaccines for the New sensus on that. We should be doing that cuts in funding for hospitals and nurs- Millennium Act was dropped from this together. It reauthorizes the very ing homes. These cuts have created a conference report. small business concerns program. We crisis in our country. Let me just share with you what our worked hard for that. We should be And many of us worked across the legislation would have done—legisla- doing that. It reauthorizes the Socially aisles to do something about it. But we tion dropped in favor of poison pill and Economically Disadvantaged Busi- didn’t have a seat at the table when measures opposed by many members on ness Program, it extends the SBA’s co- the BBRA was put together. both sides of the aisle: sponsorship authority, and it has im- And I ask you, has the Majority re- We aimed to provide a 30 percent tax portant provisions to increase veteran sponded adequately to this crisis? Have credit on R&D into vaccines against owned businesses. There were impor- they provided, in the BBRA, sufficient malaria, TB, AIDS and any other dis- tant changes to the Microloan Pro- funds to strengthen our local hospitals, ease which kills more than one million gram, which I included, specifically nursing homes and home health agen- people per year. This provision ex- provisions that increased the max- cies. No, they have not. panded and targeted the existing R&E imum loan amount from $25,000 to What, then, in spite of the obvious tax credit. $35,000, and increasing the average loan needs for remedies, what do the Repub- It would also provide a tax credit on size to $15,000. These are important licans, do with the $30 billion in fund- the sales of vaccines against malaria, provisions that we worked on together. ing that they provide in the BBRA? TB and AIDS. Vaccine manufacturers Its not a perfect document, but it has Who benefits from this restoration of would receive a 100 percent credit on the support of nearly all members, be- funding? Would you believe that the the value of their sale of vaccine to cause we all had a stake in it and were primary recipients of the increased qualified international health organi- a part of the process. Medicare funds are HMOs? That’s zations, like UNICEF, for distribution There are good things in this bill. I right, the same HMOs who have to developing countries. regret the fact that I am put in the un- dropped, this year alone, 400,000 seniors Let me emphasize again why we be- fortunate position of having this sort from their health plans because they lieved it was so critical to act now. of nonlegislative process crowd in on could not turn a profit caring for the There is great need for further vaccine the legislative process and take away aged. The same HMOs that fight tooth- research. Every year, malaria, TB and our ability to promptly pass important and-nail against adopting a Patient AIDS kill more than 7 million people. legislation for small businesses in this Bill of Rights which would ensure Preventive vaccines are our best hope country. I regret that the Wellstone Americans have basic rights to quality to bring these destructive worldwide provision that would have created a 3- health care. epidemics under control. The NIH is year $9 million pilot project to build The $30 billion in Medicare this add- conducting vital research at the basic the capacity of community develop- back package is too heavily targeted at science level, but private sector phar- ment venture capital firms through re- HMOs. Over the first 5 years, one-third maceutical companies have the lion’s

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.016 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11201 share of expertise in bringing vaccines night before last. He was playing golf Who among us is opposed to the IRA to the market place. But the market yesterday afternoon. He did return the and pension reform provisions in this fails in the case of vaccines against dis- call I made to him yesterday after- bill? Who thinks we should not raise eases which strike primarily the devel- noon, even though I placed the call the IRA contributions up to $5,000 per oping world. This measure would have day before to talk about some of this. year? addressed this market failure by reduc- But he has written this letter threat- Who thinks we should not increase ing the high cost of R&D as well as by ening a veto. contribution limits for 401(k)s, 403(b)s creating a market for the vaccines So much of this is complaints about and 457 plans from $10,000 to $15,000? once they are developed. The American procedure, complaints about ‘‘inside And, by the way, with a lot of bipar- Public Health Association, the Global baseball,’’ complaints about what may tisan requests, another $5,000 I believe Health Council, AIDS Action, the Eliz- not be in the bill. Let me say to the is available for people over 50 for these abeth Glaser Pediatric AIDS Founda- American people some very important 401(k) and other plans. There are some tion, the AIDS Vaccine Advocacy Coa- things they need to hear. Let’s not get 50 modifications in this bill with regard lition, the Alliance for Microbicide De- into all the brush of the way we do to IRAs and pensions. We want to en- velopment and the President’s Advi- business around here. Let’s talk about courage people to save, don’t we? Who sory on HIV/AIDS all support the meas- the result. is opposed to this? First of all, some people may be sur- ure. By the way, unfortunately, it has And yet it is nowhere to be found in prised to learn—some people may not limits. This is really targeted at mid- a tax package that found room for all even like it—but 80 percent to 90 per- dle-income and low-income people to cent of this bill has been requested by sorts of complicated tax cuts for those encourage savings. The chairman of the President of the United States. He who need them the least in our soci- the Finance Committee has become the wants these things, and they have been ety—while ignoring the needs of an en- hero of the IRA proposals, the Roth negotiated with the administration. tire continent teetering on the brink of IRA. Here again, we take one more There have been negotiations between being entirely wiped out. small step to give people a little oppor- the House and Senate. Once again, that Our politics can be better than this. tunity to save for their needs, for their is procedure. But let me assure the We can address the real needs of a children, without the Government say- American people there are a lot of country in Medicare, in the health care ing: Oh, we will tell you how you may things in here that he wanted that I crisis of our nation, in the global pan- do that and we will limit it. So I think don’t particularly like. Let me also say demic of AIDS, tuberculosis, and ma- there are pretty good provisions in there are some things that were taken laria—or we can play politics. there. out at his specific request. There is small business tax relief for This bill is headed for a veto. And it When you get down and analyze his the one group left in America that may deserves it. complaints, it is because he doesn’t The American people deserve better save us, the small business men and think we did quite enough to suit him than this. women, those young entrepreneurs, on this school bond construction tax The PRESIDING OFFICER. The ma- men and women and minorities who credit. There are a lot of people over jority leader. take a chance, people who start the lit- here who do not think that what we Mr. LOTT. Mr. President, first, for tle restaurant, as the Senator from Ne- have done should be in this bill. But the interest of all Senators, I know braska did. He went out there; he found there was an effort made to accommo- they are wondering when a vote or out about the restaurant business—it is date a lot of different thinking. But he votes will occur. It is anticipated that tough. You have to get people hired. is not opposed to what is in here nec- there will be at least a couple, maybe You have insurance costs. You have essarily; he just wants more. three or four votes, within the next 2 or On the Medicare adjustments, lots of crime. You have management prob- 3 hours. We are not certain exactly people have had input on that. The lems. You have food spoilage. It is end- what time that will occur, but I will House of Representatives had an over- less. Bless their hearts. So we do a little something for small try to get it started shortly so we can whelmingly bipartisan vote on that business men and women. I do not get to the votes that are needed. subject. I don’t know exactly what it For instance, once again we are going was, but probably 300 or more for the apologize for that. My only complaint to need to set up a process so we can Medicare adjustments. The Finance is we do not do enough. The ridiculous- get a vote on the very important bank- Committee reported it out, I believe it ness of the request from the adminis- ruptcy legislation. As a result of trying was 19–0. I will clarify for the record tration that we take out a provision to get on the tax bill yesterday, I had these exact votes. So there has been an that would have eliminated the .02 per- to set aside an action that had been awful lot of bipartisanship. cent Federal unemployment tax sur- taken earlier on the bankruptcy re- But let’s not get all wrapped up in tax—it doesn’t take out the FUTA tax, form, and it is my intention still to try that. Let’s look at what is in the bill. just the so-called surtax that was tem- to file cloture on that to try to get Let’s look at what is in the bill that is porary, just stuck it on the small busi- that very important legislation ad- overwhelmingly good, that everybody ness men and women to boost this fund dressed before the Senate completes its is for, and we are reduced to com- which I understand now has $22 billion work. plaining about how it got here. in it. Also, we would need to vote on the Once again, It’s the old saying we are So we had a proposal to take off that continuing resolution that would take going to defeat the good—no, we are little .02. That is something that will us over into tomorrow. going to defeat the excellent because actually help the small business man Also, we would possibly need to move we do not like the procedure or because and woman who is working on the mar- to proceed to the D.C. appropriations it is not perfect or everything that the gins, barely making it, a little extra conference report and the Commerce- President wants. We are a coequal they can keep that is not needed in State-Justice conference report. With- branch. He should not expect, and he this $22 billion trust fund. in a few minutes we will try to get will not get, 100 percent of what he Then the tip credit. The President those started. wants. No President will—none. But we threatened to veto this bill over the tip Mr. President, as to what has been worked with him. When you get 80 or 90 credit issue. He is wrong. The Senator said last night and this morning, it has percent of what you want, then most from Nebraska knows that was a mis- been interesting. You know, the Amer- people say that is pretty good. He sits take. These are people who never had ican people understand this is a polit- over there or in California or New York another job, couldn’t get another job. ical season and that tempers get a lit- and says: Give me everything. This is a little help for the people who tle short, people get a little desperate Let me talk to the American people are working on tips. My Lord, we are in their actions, and I think that be- about what is good about this bill. taxing tips. If you work hard and you gins at the White House with the Presi- Let’s not get into the politics and the get a bonus, you pay extra. If you work dent. I have tried to communicate with procedure and all that is happening. hard, you do a really good job, and you the President, but it is not always Let us just go down the list and let’s get a little extra tip, you pay a little easy. He was in New York City the talk a little bit about what is included. extra. The whole concept is ridiculous. -

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.042 pfrm01 PsN: S27PT1 S11202 CONGRESSIONAL RECORD — SENATE October 27, 2000 But in an effort to accommodate that, tration interminably for weeks and Mr. GRASSLEY, for farm savings ac- in a conversation I had with the Presi- months. It is in here. Some people on counts. The chairman of the Ways and dent himself, we took out the FUTA my side think this is not a good idea, Means Committee does not like this and the tip credit. I apologize to small but I supported it. sort of thing. He says it will never end. business men and women. I apologize The President made a deal with the We have savings accounts for edu- to the workers out there busing those Speaker; that is, President Clinton, in cation, for medical expenses, now for tables. That was unfortunate, but it case you do not quite understand, and farms. My attitude is, why not? I never was taken out at the specific request of Speaker Denny Hastert made a deal met an incentive to encourage people the President of the United States. they wanted to do it and, by the way, to save for their own needs I did not I wanted those taxes taken out, but supported by J.C. Watts passionately. like, and to encourage farmers to save he would not let us do it. So in this This is a way we can help rural and a little for the bad times because, more spirit of cooperation—there is so much poor communities. Let’s do this; let’s than anybody else, they know the good rain and so many dark clouds here do this. I have been in meetings when times when the crops are abundant, about how we do not have more co- there was an effort to kill this until weather is good, prices are fine; they operation. Next year, thank goodness, J.C. Watts spoke up and everybody do fine. And then rain, sleet, snow, we are going to have a different Presi- went silent. It is in here. Are you drought, locusts—they have to deal dent. Hopefully, we will have a better against that? with all of it. Allow them to save a lit- atmosphere around here. Maybe we can I have tried on this floor for weeks to tle for the bad times. Is that a bad work together. I believe George W. move the foreign sales credit fix for idea? No, that is a good idea. Bush means that, believes it, and will WTO compliance. It came out of the Deduction for computer donations to reach out and try to bring us together. Finance Committee unanimously. I schools and libraries: Businesses and This is a classic case of where we tried have asked unanimous consent to move industries, big and small, are willing to to accommodate the President of the it. For some strange reason, it has been give their 2- and 3-year-old computers United States, and he writes this letter objected to by the Democrats in the to schools and libraries to help with threatening his veto. He may veto it, Senate. When you are in the leader- programs such as Power Up. Let’s but the American people are going to ship, you have to do some of these power up these kids. Let’s use these know who did what needed to be done things, and Senator REID had to object used computers to teach them to read and who vetoed it. on behalf of somebody; he would not and to become computer literate. The We do have this package of small object. It has been objected to. Senator from Michigan, Mr. ABRAHAM, business tax relief that has been nego- What are we going to do here? On No- has been relentless in pushing for that. tiated by Chairman ROTH, Chairman vember 1, we will have a problem with The amazing thing to me is, why would ARCHER, a lot of input from Democrats our European allies. I do not think anybody not be for that? This is good. in the House and Senate, and the ad- they are doing very good, frankly, com- That is in this bill. ministration. It also includes above- plying with WTO, and they are not re- Deduction for long-term health in- the-line deductions for health insur- acting to sanctions. I am not going to surance and long-term health expenses: ance for employees in small businesses. cry alligator tears over the Europeans This is an interesting category. We This is bad? and WTO, but that provision is in this have been worried legitimately about What about that restaurant owner bill. Is the President going to veto the people who are worried about the who provides insurance for his super- that? Those are four broad categories long-term needs they have with their visory personnel, but he or she cannot and a lot of subcompartments about health. We want to do something about provide it for all of their workers be- which I have talked. it. We do it in this bill, but when I cause it would just eat up all the mar- The Senator from Louisiana, Ms. talked to the President: Gee, I really gin of profit he has? Here you can allow LANDRIEU, has been very supportive of prefer a credit as opposed to a deduc- the employees to deduct the cost of this concept of encouraging adoption. tion, but if you make the deduction their health insurance. This is a good We should encourage more adoption for high enough, maybe it will be OK. idea. This would help entry-level work- people who are not only wealthy but When I talked to him yesterday, he ers, minority workers, people who are people in the lower and middle-income said: Yes, you did go up higher. We are carrying the load in this country get a area. This bill doubles the tax credit going to nitpick a gnat to death. little break on health insurance. But, for adoption to $10,000, I believe is the Should we have long-term health insur- oh, no, ‘‘We don’t really like that idea number. Is that not good? No, no, that ance deductions or not? We have an op- because it is above-the-line deduc- is good. portunity here. The President is going tions’’—once again, explain that to the Mrs. BOXER. Will the Senator yield to veto it, flitter it away. I do not un- man and woman down there working in for a question on that? derstand that. the trenches—‘‘We ought to have a Mr. LOTT. On that? I have taken a lot of unkind com- credit or something.’’ This is good, and Mrs. BOXER. Just on that provision. mentary from my colleagues on this it would help people in that low-income Mr. LOTT. I did not ask anybody to side of the aisle about the Amtrak area. By the way, we have been hearing yield on your side. You all talked for bonds credit. The Senator from Massa- all year long that we have to have a about an hour. I will be glad to respond chusetts knows I have tried to be help- minimum wage increase. A minimum later because I know you care about ful to Amtrak. I believe in America, if wage increase is in here: $1 over 2 that and you want to make sure it is we are going to be a modern nation and years, raising it to $6.15. It is in there. available to others. lead the world, we need a national rail Is the President against that? Mrs. BOXER. Yes. passenger system. I think we need it, I Then also there is a provision in here Mr. LOTT. I wanted to work on that. think we can have it, and I think it can called community renewal. This would I told the President the other day: Mr. be self-supportive. Maybe not. I think allow rural areas, poor areas to have a President, if there is something in here it can. chance for economic development, to you don’t particularly like, we can I supported Amtrak reform. I stood have a chance to recruit a little busi- change that maybe in the next bill. Mr. on this floor—the Senator remembers— ness. The Mississippi Delta pops into President, if there is something more and helped make that happen with my mind: poor people struggling to get you want, let’s add it in the next bill. some opposition. There were people a little infrastructure, improve their This is not the be all to end all. This is ready to pull the plug and say: Good- education, get a few jobs in the area. not the end of the world. This is a giant bye, adios, Amtrak. I do not think that Enterprise zones: There are 40 of step for mankind though. And he is is wise. those, 40 of the new community renew- going to veto it because he does not get I made a commitment, and I will als. This is a deal, by the way, asked every last dot and tittle that he wants? keep it some day: If we have done ev- for by the President and the Speaker. I I do not think that is defensible. erything we can to get Amtrak in the had reservations about a lot of the pro- Let me go on down the list. For position of providing the service, mak- visions, but we worked through that. years, I have been an advocate under ing ends meet and paying for them- This was negotiated with the adminis- pressure from the Senator from Iowa, selves, if we can get that done, great. If

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.020 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11203 we cannot, at some point, we have to There has been a lot of bipartisan Association of Surgical Technologists. say Americans do not support a na- input on that. If I had my druthers, I AdvaMed. GE Medical Systems. tional rail passenger system and we would mix it a little differently. I Landrieu Public Relations. pull the plug. would put in more for hospitals and National Orthotics Manufacturers Associa- I do not like tax credits, particularly. rural hospitals, a little less for prob- tion. I prefer deductions. You can argue this ably some other categories, but it is American Orthotic and Prosthetics Asso- is not good, and I have heard that argu- not just about Mississippi hospitals; it ciation. UBS Warburg. ment from the Senator from Texas and is about Massachusetts hospitals; it is others. about managed care facilities in New ADVANCING HEALTH IN AMERICA, Again, Senator ROTH from Delaware Mexico; it is about nursing homes in Washington, DC, October 26, 2000. has made this one of his highest prior- Kentucky. You have to try to find a Hon. BILL THOMAS, ities and so has, by the way—once blend. You also have to try to keep it Chairman, Subcommittee on Health, House again, proving the bipartisanship of from exploding totally out of control Ways and Means Committee, Rayburn this legislation—the Senator from New because it could be $50 billion, $60 bil- House Office Building, Washington, DC. DEAR REPRESENTATIVE THOMAS: On behalf York, Mr. MOYNIHAN, the ranking lion, $70 billion. I think this bill is be- member on the Finance Committee. of the 5,000 members of the American Hos- tween $28 and $30 billion. It is enough pital Association (AHA), I am writing to ex- People come to me and say: How in the to do what is needed. And it has the en- press our views regarding the ‘‘Beneficiary world could you let that in there? dorsement of many organizations. I Improvement and Protection Act of 2000’’ First of all, I am not a dictator. And have a list. (BIPA). We believe this legislation will take secondly, how can anybody, any leader- Mr. President, I ask unanimous con- another step forward in addressing the unin- ship person, tell the chairman of the sent that this list be printed in the tended consequences of the Balanced Budget Finance Committee and the ranking Act of 1997 (BBA). Consequently, as we ap- RECORD, along with a letter to Con- member of the Finance Committee proach the remaining hours of the congres- gressman THOMAS, signed by the execu- sional session, we are urging Members to that they cannot have in this bill one tive vice president of the American of their highest priorities, the Amtrak vote in favor of this legislation, and have Hospital Association, Rick Pollack. recommended that the President not veto issue? So it is in here. Is that bad? No. There being no objection, the mate- the legislation. I think it is pretty good. rial was ordered to be printed in the As we understand the provisions of the leg- We repealed the diesel barge tax. We islation, it includes a number of provisions RECORD, as follows: have modes of transportation other that provide much needed relief to hospitals than Amtrak that are kind of having a MEDICARE, MEDICAID & SCHIP IMPROVEMENTS and health systems throughout the country. ACT OF 2000—LETTERS OF SUPPORT hard time—rail and barge. We have Such provisions include: a full market bas- Federation of American Hospitals. ket inflationary update in FY2001, and elimi- here a 4.3-cent tax we dumped on them. National Association of Community Health We ought to take it off. We ought to nation of half of the reduction in FY2002; Centers. temporary elimination of the reductions in take it off of the automobile gasoline American Medical Rehabilitation Pro- Medicaid DSH state allocations in FY2001 also. viders Association. and 2002, and allow the program to grow with We expanded the qualified zone acad- HealthSouth. inflation in those years; increase the adjust- emy bonds for school construction. The National Association of Long Term Hos- ment for Indirect Medical Education to 6.5% President says he wants this. I think pitals. in 2001 and 6.375% in FY2002, and establish an Acute Long Term Hospital Association. 85% national floor for Direct Graduate Med- we are starting down a track that is National Association of Children’s Hos- not going to be very healthy where we ical Education payments; equalize payments pitals. to rural hospitals under Medicare DSH; in- eventually build all schools in America Kennedy Krieger Institute. creased flexibility for critical access, sole National Association of Rural Health Clin- with Federal funds. That is where we community, and Medicare dependent hos- ics. are headed. That is where a lot of peo- pitals; increased bad debt payments from National Association of Urban Critical Ac- ple want us to be. I do not think that 55% to 70% for all beneficiaries; and a full is good. I think that ought to be done cess Hospitals. American Medical Group Associates. market basket update for outpatient hos- at the local level. Mississippi Hospital Association. pital services. I am willing to give them an incen- Tennessee Hospital Association. The bill will also provide relief to home tive through bonds, where they have to The University of Texas System. health agencies and skilled nursing facili- pay the principal, and they get some National Association of Psychiatric Health ties. As our members operate approximately Systems. one-third of the home health agencies and consideration on the interest. I am one fourth of the skilled nursing facilities, willing to do that. But what some peo- Healthcare Leadership Council. National Association for Home Care. relief in this area is also vitally necessary, ple want, once again, is they want ev- American Association for Homecare. and is an important feature in the bill. In ad- erything in school, in education, run American Federation of HomeCare Pro- dition, the bill includes important bene- from Washington. That is what really viders. ficiary protections, particularly the is at stake. Alliance for Quality Nursing Home Care. execrated reduction in beneficiary coinsur- Once we start building schools, local American Association of Homes and Serv- ance for hospital outpatient services. schools, from Federal funds, let me tell ices for the Aging. At the same time, we are disappointed that Visiting Nurses Associations of America. certain provisions we have advocated, such a you, Mississippi will have the nicest, National Hospice and Palliative Care Orga- full market basket increase in FY2002 for newest schools in all of America—all of nization. both inpatient and outpatient hospital serv- America—because we have more poor National PACE Association. ices, complete elimination of the impact of people and greater needs probably than Association of Ohio Philanthropic Homes, the BBA’s reductions in Medicaid DSH, and anybody. But I do not think we should Housing and Services for the Aging. maintaining the IME adjustment of 6.5% be- just totally take over education. John Hopkins Home Care Group. yond FY2001, were not included. We are also I still trust parents, teachers, admin- Patient Access to Transplantation Coali- concerned that additional reductions in the tion. hospital inpatient market basket in 2003 istrators, and students at the local LifeCare Management Services. level. I do not trust bureaucrats in were included in the bill. We look forward to American Cancer Society. working with you in the next Congress to Washington at the Department of Edu- Alliance to Save Cancer Care Access. achieve these additional changes. cation or the IRS or anywhere else. So Intercultural Cancer Center. Again, we appreciate your efforts to that is some of the good stuff in this The Susan G. Komen Breast Cancer Foun- achieve additional BBA relief this year. bill. dation. Sincerely, National Kidney Foundation. RICK POLLACK, Let me also point out—and I did not The Glaucoma Foundation even get very much into the Medicare Juvenile Diabetes Foundation. Executive Vice President. add-backs. Everything says we need National Multiple Sclerosis Society. Mr. LOTT. The list includes the Fed- them. What about hospitals? What American College of Gastroenterology. eration of American Hospitals, the Na- about rural hospitals? What about American Academy of Ophthalmology. tional Association of Community American Optometric Association. home health care? What about hospice? American Dietetic Association. Health Centers, the National Associa- What about managed care? What about American Association of Blood Banks/ tion of Long Term Hospitals, the Na- the nursing homes? They need some America’s Blood Centers/American Red tional Association of Children’s Hos- help. This bill provides that. Cross. pitals, the National Association of

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.022 pfrm01 PsN: S27PT1 S11204 CONGRESSIONAL RECORD — SENATE October 27, 2000 Rural Health Clinics, the Mississippi floor speaking of concern about it—but Mrs. BOXER. Senator LANDRIEU and Hospital Association—very impor- we got a great deal. We went from a Senator CRAIG have worked so closely tant—the National Association for $5,000 to a $10,000 tax credit for a nor- together. I am not an expert on that. I Home Care, the Alliance for Quality mal adoption. But most importantly, just saw Senator LANDRIEU deeply dis- Nursing Home Care, the American Can- we focused our efforts this year on chil- turbed and upset in her view that rath- cer Society, the Susan G. Komen dren of special needs, I say to our ma- er than helping the people who adopt Breast Cancer Foundation, the Na- jority leader. And there we went from the most difficult situations, in other tional Kidney Foundation, the Juvenile a $6,000 to a $12,000 tax credit, and we words, children who are disabled, chil- Diabetes Foundation, the National phased it in more rapidly than we did dren in foster care, we are going in the Multiple Sclerosis Society, the Amer- the normal adoption. other direction. ican Association of Blood Banks, and But what is important here is the I only want to say, in good will, that so on down the line. character of the adoptions. For chil- it looks as if the President will veto Mr. KERRY. Will the Senator yield dren with special needs, oftentimes this bill for the many reasons we for a question on that? their costs up to adoption are less than talked about. I am not going to, believe Is the Senator saying that every one normal children because the Govern- me, go into that. But when he does of those groups were presented with ment fronts a lot of that cost. To par- that, maybe we can go back and fix and have read the conference report ents adopting children of special needs, this problem so we can really celebrate and are supporting the conference re- it comes after the adoption. We tried to passage. port? characterize this provision a little dif- I am only reflecting Senator Mr. LOTT. I understand those asso- ferently. And we will do that in the LANDRIEU’s distress that she feels that ciations are familiar with how this coming year. the toughest cases here are not being Medicare add-back provision would af- No, we did not get all we wanted. But helped. That is all I wanted to say. fect them, and they are supporting this for any Senator to say it is not good to Mr. LOTT. Mr. President, I appre- conference report. double the adoption credit on children ciate the Senator’s comments on that. Mr. KERRY. Just for clarification. with special needs, and to phase it in It is something we should work on. We Mr. LOTT. I have a letter from the faster than we are doing for the chil- have made progress. It is a shame we American Hospital Association—I be- dren of normal adoptions, somehow is won’t have it for the next 3 or 4 lieve that is correct; yes, here it is— really not understanding what we are months. If the President insists on On behalf of 5,000 members of the American accomplishing. vetoing this bill, then I guess we will Hospital Association, I am writing to express This Senate, in the last 5 years, has come back next year and have a chance our views regarding the ‘‘Beneficiary Im- taken a quantum leap to allow Ameri- to rework this whole area. I presume provement and Protection Act of 2000.’’ We the tax bill next year, no matter who is believe this legislation will take another cans to form families through adoption step forward in addressing the unintended and to render tax credits. We did not elected President, will look different consequences of the Balanced Budget Act of even recognize it a few years ago. Peo- than this one. Maybe it would be better 1997. Consequently, as we approach the re- ple forming families the normal way from my perspective, fairer overall, but maining hours of the congressional session, could write off the expenses of their provisions such as that could be we are urging Members to vote in favor of pregnancy and the birthing of children, worked on next year. I just hate that this legislation, and have recommended that but people spending $10,000, $15,000, there are going to be adoptions that the President not veto the legislation. $20,000 to adopt a child were on their won’t occur if the President vetoes this That is dated October 26, 2000, signed own. We have said no to that. bill, that would occur if they had this by Rick Pollack, executive vice presi- Truly, for these children of special additional credit. dent of the American Hospital Associa- need, who are oftentimes almost un- Mr. President, I ask unanimous con- tion. wanted, we have now said to loving and sent that following my remarks, the So you do not like the mix. You caring people, we are going to give you following Senators be recognized for think maybe there is too much going a $12,000 tax credit, and we are going to times allotted, and that I be recognized to managed care. But when you help accelerate it. immediately following those Senators: hospitals and rural hospitals, there is a Come on, folks. We ought to be cheer- Senator GRAMM of Texas for up to 15 passthrough provision that adds to the ing about this for the formation of minutes and Senator WYDEN of Oregon managed care provision. families through adoption. This is a for up to 15 minutes. You do have people in the Senate and major step in a loving and caring direc- The PRESIDING OFFICER. Is there from all over the country who believe tion. objection? the Medicare+Choice is a very impor- No, MARY LANDRIEU and LARRY CRAIG Mr. KERRY. Reserving the right to tant provision. They worked very hard did not get everything they wanted, object, Mr. President. in advancing their provisions—Demo- but there is not a Senator on this floor Mr. WYDEN. Mr. President, I object. crats and Republicans. who got everything they wanted this The PRESIDING OFFICER. Objec- So while it is not perfect—if we took year. But let me tell you, I am voting tion is heard. that same $30 billion and gave it to a for this bill on that alone because it Mr. LOTT. Mr. President, all I am Senator from Wyoming, and then a shows that this Senate cares about trying to do is to make sure that Sen- Senator from Pennsylvania, they children and about families who want ators who have been waiting to speak would come up with a different mix— to form through adoption. will have an opportunity, but also we after a lot of work, this is close to Mrs. BOXER. Will the Senator yield have a vote that we need to begin pret- being fair to everybody. And again, it for a question? ty soon. I would rather not do that is not the end of the road. There will be Mr. CRAIG. I cannot yield. This is until Senators have had an oppor- another opportunity to work on it fur- the time of the majority leader. tunity. ther. But I think it is important, Mr. I yield to the Senator from Oregon. I know the Senator from Idaho had Leader, to clarify that. Let’s be proud Mr. WYDEN. I thank the distin- wanted me to yield, perhaps on the of what we have done. It is a major and guished majority leader. I am happy to adoption credit, or any comments he positive step for caring and loving fam- allow Senator GRAMM to speak before would like to make. ilies who want children through adop- me. I would have to have unanimous Mr. CRAIG. Yes. I do appreciate the tion. consent that at the conclusion of Sen- majority leader speaking to that. Mr. LOTT. Mr. President, I know a ator GRAMM’s remarks, I be recognized I saw the Senator from California lot of Senators would like to speak. I next to speak, and that I be allowed to wishing to make a comment on it. I co- also know we need to again have some address several issues before there are chair the Adoption Caucus with Sen- votes here in a reasonable period of any votes that go forward. I am con- ator LANDRIEU. We worked together time. So I will try to get an agreement cerned about a number of issues. As the this year to change the character of on how we can get some further com- majority leader knows, I have dedi- the adoption tax credit. ments and then move to a vote. I know cated my service here to bipartisan- We did not get all we wanted—and I the Senator from California had want- ship. I happen to agree with the distin- know the Senator has been out on the ed me to yield on that particular point. guished majority leader that no one

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.024 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11205 ever gets everything they want in a port for these provisions. Intercity pas- The PRESIDING OFFICER. Are there package. Senator KERRY showed that senger rail service is a key element of any other Senators in the Chamber de- Democrats are willing to bend over our Nation’s multi-model transpor- siring to vote? backward to be bipartisan in areas tation system. The result was announced—yeas 87, such as small business. But on a num- Mr. HELMS. As the Senator from nays 1, as follows: ber of issues that concern this Senator, Delaware knows, the Southeast High [Rollcall Vote No. 288 Leg.] there has not been that level of biparti- Speed Rail Corridor, designated in title YEAS—87 sanship. I am compelled to object and 23 U.S.C., Section 104(d)(2), is a vital Abraham Feingold McConnell will need to speak at some length this part of the national transportation sys- Akaka Frist Mikulski morning on the several issues that are tem. Within the corridor the Charlotte- Allard Gorton Miller important to me. Greensboro-Raleigh segment plays a Baucus Graham Moynihan Bayh Gramm Murkowski Mr. LOTT. If the Senator will with- crucial and essential role in linking Bennett Grassley Murray hold a second, I think the way I had the Northeast Corridor with other cor- Bingaman Gregg Nickles asked for that consent is that he would ridors. Bond Hagel Reed be recognized immediately following Boxer Harkin Reid New modern world class stations in Breaux Hatch Robb Senator GRAMM. I was trying to ascer- Raleigh and Charlotte as well as rail Brownback Hollings Roberts tain how much time he might need. infrastructure investments linked to Bryan Hutchinson Roth Mr. WYDEN. If the majority leader the Greensboro station will enhance Bunning Hutchison Sarbanes will yield further, I am going to need Byrd Inhofe Schumer the safety and efficiency of the system. Campbell Inouye Sessions the time that I intend to consume be- It is my understanding that station in- Chafee, L. Jeffords Shelby cause one of the issues I am going to vestments are directly eligible projects Cleland Johnson Smith (NH) talk about is one of the most sensitive under the proposed legislation. Cochran Kennedy Smith (OR) bioethical decisions of our time. It was Collins Kerrey Snowe Mr. ROTH. You are correct. Station Conrad Kerry Specter stuffed into this legislation a little be- projects such as those you described on Craig Kyl Stevens fore midnight, when a handful of con- the Charlotte-Greensboro-Raleigh line Crapo Landrieu Thomas Daschle Lautenberg Thompson ferees were meeting, and has never are important examples of critical in- been considered on the floor of the Sen- DeWine Leahy Thurmond vestments envisioned in this legisla- Dodd Levin Torricelli ate. tion. Domenici Lincoln Voinovich Mr. LOTT. Mr. President, I appre- Dorgan Lott Warner Mr. HELMS. I thank the Chairman ciate the Senator’s explanation. I yield Edwards Lugar Wellstone and commend him for his leadership.∑ to the Senator from Massachusetts for Enzi Mack Wyden Mr. LOTT. Mr. President, I now with- a question. NAYS—1 draw the motion to proceed to S. 2557. Mr. KERRY. Mr. President, with re- Kohl spect to the request, we would be The PRESIDING OFFICER (Mr. L. ANSWERED ‘‘PRESENT’’—1 happy to try to cooperate in terms of CHAFEE). The motion is withdrawn. order and allowing people to speak. I f Fitzgerald am constrained on behalf of the minor- BANKRUPTCY REFORM ACT OF NOT VOTING—11 ity leader not to agree at this point to 2000—MOTION TO PROCEED Ashcroft Feinstein McCain some kind of limitation on time for our Biden Grams Rockefeller Mr. LOTT. Mr. President, I move to colleagues. If we could perhaps agree to Burns Helms Santorum proceed to the conference report to ac- Durbin Lieberman this: I did want a couple of moments as company H.R. 2415 regarding the Bank- manager to respond to the majority The motion was agreed to. ruptcy Reform Act, and I ask for the leader’s comments. I will not take a f yeas and nays. long time at all. I know the Senator The PRESIDING OFFICER. Is there a BANKRUPTCY REFORM ACT OF from Texas has been here and wants to sufficient second? 2000—CONFERENCE REPORT speak. I think it would be fair to per- There appears to be a sufficient sec- haps establish an order. If the Senator The PRESIDING OFFICER. The ond. from Texas wants to live with the clerk will report. The assistant legisla- The question is on agreeing to the time, fine; I know the Senator from Or- tive clerk read as follows: motion. The clerk will call the roll. egon is not prepared to at this moment The Committee of Conference on the dis- The legislative clerk called the roll. in time. We can at least establish an agreeing votes of the two Houses on the Mr. FITZGERALD (when his name amendment of the Senate on the bill H.R. order. 2415, an Act to enhance security of United Mr. LOTT. I wonder if we could do was called). Present. Mr. NICKLES. I announce that the States missions and personnel overseas, to this: Maybe if the Senator from Massa- authorize appropriations for the Department chusetts would like a couple minutes Senator from Missouri (Mr. ASHCROFT), the Senator from Montana (Mr. of State for fiscal year 2000, and for other to respond, I think that is fair because purposes, having met, have agreed that the he has some comments to respond to BURNS), the Senator from Minnesota House recede from its disagreement to the what I had to offer. Then we could go (Mr. GRAMS), the Senator from North amendment of the Senate, and agree to the ahead and have a vote on an issue on Carolina (Mr. HELMS), the Senator same with an amendment, and the Senate which we need to proceed. Then when from Arizona (Mr. MCCAIN), and the agree to the same, signed by a majority of that is over or during that vote, we can Senator from Pennsylvania (Mr. the conferees on the part of both Houses. work on an order to make sure every- SANTORUM) are necessarily absent. The PRESIDING OFFICER. The Sen- body has a chance to be heard, the time I further announce that, if present ate will proceed to the consideration of that they need to speak, and we can and voting, the Senator from North the conference report. continue on, having had one vote dis- Carolina (Mr. HELMS) would vote (The report was printed in the House posed of. ‘‘yea.’’ proceedings of the RECORD of October Mr. KERRY. Mr. President, again, on Mr. REID. I announce that the Sen- 11, 2000.) behalf of the minority leader, I would ator from Delaware (Mr. BIDEN), the Mr. LOTT. Mr. President, I ask the be constrained to object. Senator from Illinois (Mr. DURBIN), the minority, and I am sure Senator KERRY Mr. WYDEN. Mr. President, I object. Senator from California (Mrs. FEIN- is prepared to respond to this, if they HIGH SPEED RAIL INVESTMENT STEIN), the Senator from Connecticut are in a position to set a vote on the ∑ Mr. HELMS. I commend the able (Mr. LIEBERMAN), and the Senator from pending bankruptcy conference report Senator from Delaware (Mr. ROTH) for West Virginia (Mr. ROCKEFELLER) are after an hour or two of debate. I yield including the High Speed Rail Invest- necessarily absent. the floor for a response to that ques- ment Act in this tax package. I’m glad I further announce that, if present tion from the Senator from Massachu- he agress that we need to develop a na- and voting, the Senator from Delaware setts on behalf of the leadership. tional intercity passenger rail system. (Mr. BIDEN) and the Senator from Illi- Mr. KERRY. Mr. President, on behalf Mr. ROTH. I thank the Senator from nois (Mr. DURBIN) would each vote of the leader, at this time I have to ob- North Carolina (Mr. HELMS) for his sup- ‘‘yea.’’ ject.

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.026 pfrm01 PsN: S27PT1 S11206 CONGRESSIONAL RECORD — SENATE October 27, 2000 Mr. LOTT. I certainly expected that. There is also some discussion about and one that takes us to Monday, when I know there are Senators who do ob- how we can move some of the problem there is nothing we can do about fin- ject to that. This is very important issues out of the CSJ bill that has been ishing up this Congress, is just dem- legislation which needs to be enacted reported out of conference and passed onstrating our inability to deal with into the law. I appreciate the proce- by the House. Corrections or changes, reality. dural cooperation we have had. if agreed to, could be entered into the I hope the leader will allow me some The bill has been debated for weeks, Labor-HHS bill. time today to offer a motion to amend and many amendments have been of- I do want you to know the appropri- that CR and make it Tuesday. I have fered on both sides. Minimum wage was ators are busily working in their mag- discussed it with the House, and they offered, as a matter of fact, to this bill ical way, and I am sure at sometime a are in session. They can adopt it and while it was pending on the Senate cone of honey will be produced, or send it to the President. Somehow or floor, but minimum wage now is going maybe that is the wrong terminology another, this idea we can only go day to be put in the tax relief package we to use, but they are getting closer to to day and we can produce something have been discussing. agreements. I hope it is something that tomorrow that we have not finished The bankruptcy bill ultimately can be signed, or I hope it is something today, when we have just one bill left passed by a vote of 83–14, so I will file I can vote for, too. Both of those are which itself cannot be finished until cloture on this bill probably Sunday or undetermined at this point. I know Monday night, I think is foolhardy. I Monday so we can get to a cloture vote Senator KERRY wants to make further am prepared to challenge the President and complete its action. comments about an earlier issue. We and all of his people to come to reality. f now have 3 hours and 15 minutes to The discussions are being held with talk about the CR or other issues Sen- his people. If we do not finish them to- NATIONAL ENERGY SECURITY OF ators wish. night, we will finish them tomorrow. If 2000—MOTION TO PROCEED—Con- Mr. STEVENS. Will the Senator we do not finish them until tomorrow, tinued yield for a moment? it will be Tuesday morning before it is Mr. LOTT. Mr. President, I now move Mr. LOTT. I will yield since I in- read out. to proceed to S. 2557. voked the name of the distinguished Maybe people do not understand f chairman of the Appropriations Com- what we do. Each side has a copy of the mittee. final provisions. Each reads it through, MAKING FURTHER CONTINUING Mr. STEVENS. My name came up as and we call in the people from the com- APPROPRIATIONS FOR FISCAL a magician. I am Aladdin. I rub the mittees involved to be sure the provi- YEAR 2001 lamp. sions are correct. Then we get together Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Very good. That is right, and our staffs read it together, and imous consent that the Senate now and I hope you will start rubbing it each makes certain the other has not turn to the continuing resolution, H. J. very fast. made any changes in it. And that will Res. 117, that no motions or amend- Mr. STEVENS. I am supposed to not be finished. It will take at least 20 ments be in order, and the time be- bring you out of the lamp. hours of reading to do that. It will not tween now and 3:15 p.m. be equally di- Mr. LOTT. All right. be finished until Monday night. vided between the two leaders. I also Mr. STEVENS. Mr. President, I have Mr. LOTT. Mr. President, I say to the ask unanimous consent that the vote to inform the Senate that if we finish Senator from Alaska, we do not quite occur on adoption of H.J. Res. 117 at the Health and Human Services bill know what the appropriators do. I am 3:15 p.m. and paragraph 4 of rule XII be today—we are in good-faith negotia- not sure we really want to. We wish waived. tions, and we expect to be quite late you the best because at least all of our The PRESIDING OFFICER. Is there today—that bill could not be finished schedules are in your hands, if not our lives. But I think what the Senator is objection? in terms of its reading out and printing saying is eminently reasonable. I urge Mr. KERRY. Mr. President, no objec- and being available to both sides until you to get Senator BYRD to discuss tion. Monday afternoon at the earliest. that with the leadership on the other The PRESIDING OFFICER. Without I hope we can get some consideration side, and if you talk with Senator REID, objection, it is so ordered. from the administration and from ev- we will communicate with the adminis- Mr. LOTT. Therefore, the next vote eryone to understand that. We would tration and hopefully maybe by 3:15 will occur at 3:15 this afternoon. have two sessions—one on Saturday p.m. we can take that reasonable ac- Mr. President, for the information of and one on Sunday. Some people work tion. I certainly would support it. But Senators who are interested in the on their sabbath and some people do we have to get an agreement. schedule, it is expected that the vote at not. We have a staff who will be work- I yield the floor. 3:15 p.m. will be the last vote of the ing, in spite of that, around the clock Mr. KERRY. Mr. President, if I may day. However, at this time, in view of to read the legislation. There are some respond, I am confident the leader on the need for continuing resolutions, 40 pieces of legislation, in addition to our side wants to be as reasonable as unless some different agreement can be the bill itself, that will be in the possible. The issue on our side has worked out, we will be expected to Health and Human Services bill; at been, as we said earlier, the level of have votes on Saturday and on Sunday least that will be our recommendation. progress, No. 1, and No. 2, the question with continuing resolutions. I urge that somehow or another I be of inclusivity. Of course, there is serious work un- allowed to offer an amendment to this What the chairman just said suggests derway right now on the matters of continuing resolution and make it there is a lot more inclusivity, and I disagreement. I note Saturday is the Tuesday night. I have told the White presume reasonable minds will prevail sabbath for a number of our colleagues House and OMB that there is no way, at an appropriate time. A judgment has and for observant Jews, and Sunday is even if we finish tonight, that we can to be made by the administration and my sabbath. I prefer we get a CR that take it up tomorrow or take it up Sun- the minority leader with the level of will take us to Monday while we con- day. We will not be able to take it up progress. I am confident that will hap- tinue to work, but we have not been until Monday night. The White House pen. able to enter into that agreement yet. should know that, OMB should know If I may continue, Mr. President, for If necessary, we will be here and voting that, and I hope the minority agrees a moment. Would it be appropriate at on CRs on Saturday and on Sunday. It with us. this point in time—Senator WYDEN has is my expectation that vote will come We cannot vote on this bill, the been waiting for a long time; I know late in the afternoon or early evening major wrapup piece of legislation, the Senator from Texas has been wait- on Saturday. until, at the earliest in the Senate, ing. I want to make a few comments Also, again, Senator STEVENS from Tuesday. The House may be able to yielding myself time off our time for a the Appropriations Committee and the vote on it Monday night. To argue over brief moment—I will be brief—at which appropriators are meeting right now on a CR that takes us to tomorrow and to point, may we have a unanimous con- the final details of the Labor-HHS bill. argue over one that takes us to Sunday sent agreement?

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.028 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11207 Mr. WYDEN addressed the Chair. recognized, with the time to be se- The PRESIDING OFFICER. Is there The PRESIDING OFFICER (Mr. AL- lected by the managers for how much objection? LARD). The Senator from Oregon. time they allocate, and subsequent to Mr. DOMENICI. Mr. President, re- Mr. WYDEN. I would ask—— that, someone on our side, to be serving the right to object, I wonder if Mr. KERRY. I will yield only for the named, to be recognized, and then the the manager of the bill, as part of this, purpose of asking a question. Senator from Texas. would use his efforts with reference to Mr. WYDEN. I thank the Senator. Mr. DOMENICI. What about the Sen- how much time each one gets so that I ask unanimous consent that I be ator—— at least those we have agreed to would recognized, Mr. President, to speak for Mr. KERRY. Afterwards it would be able to speak before 3:15. You can do up to 30 minutes on the continuing res- come back to this side, and then the that, I believe. olution when Senator KERRY has com- Senator from New Mexico. Mr. BOND. Mr. President, reserving pleted his comments. Mr. BOND. Reserving the right to ob- the right to object, I believe the agree- Mr. KERRY. Mr. President, would ject, apparently there is a lot of discus- ment is that between now and 3:15 the the Senator agree that the Senator sion that needs to go on. We need to time is equally divided. So that would from Texas was, in fact, going to pre- work out the time. Could we ask— roughly be 3 hours and 10 minutes. So cede him? Mr. KERRY. You control it. that is an hour and 45 minutes for each Mr. DOMENICI. Reserving the right Mr. BOND. I know, but could we ask side. With that understanding, each to object, might I ask a question? the initial remarks of the Senator from side has 1 hour 45 minutes. Mr. WYDEN addressed the Chair. Oregon and the Senator from Texas to Mr. KERRY. Mr. President, I ask The PRESIDING OFFICER. The Sen- be 15 minutes each, so then we can unanimous consent that the time con- ator from Massachusetts has the floor. work out a schedule? We know that we sumed to this point not count as equal- Mr. KERRY. I am willing to yield for will then be able to develop the sched- ly divided. a question, but I am trying to proceed ule so that all of the important things The PRESIDING OFFICER. Is the here, if we can. that people on both sides of the aisle Senator putting off the 3:15 vote? Mr. WYDEN. Would the Senator from need to say before 3:15 can be said. Mr. KERRY. No. But I was recognized Massachusetts yield for me to clarify Mr. KERRY. Mr. President, the Sen- and therefore I do not want this entire this? ator from Oregon has requested 30 min- colloquy to come from my time. I am Mr. KERRY. I yield for the purpose utes. I am prepared to yield him 30 asking that the time commence for di- of clarification only. minutes from our time. I think we vision. Mr. WYDEN. I appreciate the Sen- should each control our time. The PRESIDING OFFICER. It has to ator yielding. The PRESIDING OFFICER. The Sen- come from somebody’s time. I was prepared to allow Senator ator has that right. Mr. KERRY. It comes equally divided Mr. NICKLES addressed the Chair. GRAMM to speak because the two of us from both sides. The PRESIDING OFFICER. The Sen- were on the floor at the same time, to The PRESIDING OFFICER. Is there ator from Oklahoma. speak for 15 minutes, on the proviso objection? Mr. NICKLES. OK, if our under- that I could go next. I would then talk The Chair hears none, and it is so or- standing is that the Senator from Or- for up to 30 minutes. dered. egon receives up to 30 minutes, if you Mr. KERRY. I would modify the Mr. KERRY. I thank the Chair. would allocate me up to 30 minutes in unanimous consent request. Mr. President, I will be very brief. I response, and hopefully neither one of Mr. NICKLES. Reserving the right to simply want to respond very quickly to us will take that much time, and then object. the comments made by the distin- you can continue the division of time. The PRESIDING OFFICER. The Sen- guished majority leader who appro- Certainly it would be appropriate. priately cited many items within the ator from Oklahoma. Mr. KERRY. Mr. President, I ask Mr. NICKLES. Knowing the subject legislation that we all ought to sup- unanimous consent for that request. matter that my colleague from Oregon The PRESIDING OFFICER. With- port. Indeed, that is precisely what I wishes to speak to, I would like to be out—— said in the course of my comments. We recognized for 15 minutes, following Mr. DOMENICI. No. Mr. President, I do support a great deal of what is in the Senator from Oregon, to respond. reserve the right to object. the legislation. Mr. DOMENICI. Reserving the right Where are we now with reference to But what the majority leader never to object. whether the Senator from New Mexico did, in the course of his comments, was The PRESIDING OFFICER. The Sen- gets to speak? address any of the issues we raised ator from New Mexico. Mr. KERRY. Mr. President, the Sen- with respect to the health care system, Mr. DOMENICI. I have the right to ator from New Mexico follows on the the fundamental fairness, and the object. There is a unanimous consent Republican side after the Senator from issues of contention raised by the request pending. Texas. President of the United States. Mr. KERRY. Absolutely. Mr. REID. However, I say to Senator He dismissed that rather quickly and Mr. DOMENICI. I would like to have DOMENICI, it would be the Democratic cavalierly, suggesting that the Presi- 20 minutes reserved for me when you side’s turn prior to you. dent got a lot of what he wanted. Let are finished—whoever is in the chain, Mr. DOMENICI. I understand. The me be very precise. Of 119 individual whatever that is. only thing I am concerned about, if you tax provisions in this bill, 35 of them Mr. REID. Reserving the right to ob- are going an hour equally divided—3:15 are from the President’s budget; that is ject, Mr. President. is the vote; isn’t it? 30 percent of the provisions, not the 80 The PRESIDING OFFICER. The Sen- Mr. KERRY. Mr. President. I think percent that the majority leader talked ator from Nevada. this is not as complicated as we are about. Mr. President, and of the $240+ Mr. REID. I am happy, until 3:15, to making it. If I could try to simplify it, billion in tax cuts in this package, only work out time agreements so people the unanimous consent request re- $48 billion, or 20 percent of the total, is are not standing around. But the way quires us to alternate to each side. We from the President’s proposals. it now appears, it is going to be a little will go, immediately following my No one should be misled by the com- unbalanced. We should rotate time comments, to the Senator from Or- ments of the majority leader to believe wise, not necessarily who is speaking egon, and then back to the majority that this is somehow a fair division, but how much time. We want to work side, Senator NICKLES, and then back and that the President, in offering to Senator CONRAD into this mix. to our side to a person to be yet named, veto, is not vetoing it on substantive, Mr. KERRY. Mr. President, could I and then back to the Republican side clear, and distinct differences of policy. suggest the following? And I think it to the Senator from New Mexico, and Secondly, the majority leader sug- will meet everybody’s needs. At the then back to our side, which follows gested that much was included in this, conclusion of my brief remarks, the Senator GRAMM. And that is the order and this is sort of mostly a bill that is Senator from Oregon be recognized, with the time to be determined by the somehow beneficial. What he neglected following him, Senator NICKLES to be managers on each side. to address was the issue that we raised

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.030 pfrm01 PsN: S27PT1 S11208 CONGRESSIONAL RECORD — SENATE October 27, 2000 about how this bill came together and consent of Democrats. That is why we minutes, as he might consume to the what is in it as a total. are here. That is why we are fighting Senator from Oregon. As a total, it represents, in a sense, a about this legislation. The PRESIDING OFFICER. The Sen- consensus of what the majority wanted My final comment is, with respect to ator from Oregon. to put in. But it was arrived at without the tax components of this, major com- Mr. WYDEN. Mr. President, before he discussion with the minority, and so ponents of fairness were stripped out of leaves the floor, I thank the Senator there are whole bills in here that raise this bill. The majority leader talked from Massachusetts, both for his focus very significant issues. about how important it is to provide on bipartisanship with respect to the One of them is the issue to which the savings for Americans. Yes, it is impor- overall package and for his very Senator from Oregon is going to talk. I tant. There is not one of us on this side thoughtful comments about the as- just want to take about 2 minutes to of the aisle who won’t vote to encour- sisted suicide issue. I think he has say something about it. age Americans to save money. There is summed it up very well. There is, in this tax bill, a whole not one of us who does not support a I feel bad that I had to object to con- piece of legislation called the Pain Re- 401(k) program. But when we are mak- sideration of the tax legislation this lief Promotion Act. My colleagues ing a choice about how much money we morning. I will take just a minute or ought to listen to that title very care- can allocate to people based on the two to describe why and then go on to fully: Pain Relief Promotion Act. That overall amounts of money available talk about the overall issue as it re- title is an extraordinary, almost cyn- and that choice was made by the Re- lates to pain relief and what is in the ical, play on words. It completely dis- publicans alone to encourage 401(k)s to tax bill. I know it is an inconvenience to a torts the notion of what happens in the exclusion of middle- and low-in- number of Senators to have me talk this legislation. come Americans to be able to save, First of all, this Pain Relief Pro- about this subject at length. This is an that is a fight worth fighting. That is a motion Act completely preempts State important time in the year for col- question of fundamental fairness. law with respect to the definition of a The 401(k)s are terrific for lawyers leagues. I regret the inconvenience. legitimate medical purpose with re- But I believe what is in the tax bill is and doctors and high-income people, spect to State medical regulations. The going to cause so much pain and suf- but the kind of Americans we were try- implications of that with respect to fering to families all across the coun- ing to reach—at the $30,000, $25,000, this are to require the Drug Enforce- try, that the interests of those families $20,000 income level—have a lot harder ment Agency’s agents to determine who are going to suffer if this tax bill time gaining benefit from a 401(k). whether a physician’s prescription of a as written becomes law have to come What the President had in his pro- controlled substance for pain relief first. posals was a credit that would have medication was intended to relieve First and foremost, I want the Sen- gone directly to those hard-working pain or to assist in suicide. I hope my ate to understand that before we are Americans. That was stripped out. colleagues focus on that. done, I am going to speak at length The Pain Relief Promotion Act is That is why we are here now raising about exactly what the consequences asking DEA agents to make a judg- these issues regarding this legislation. will be for families all across this coun- ment of intent about what a doctor in- It is a question of fundamental fair- try, who needlessly are going to suffer tended to do in prescribing a prescrip- ness. great pain that could be averted, if the tion drug to a patient who is termi- I regret that in all of his comments bill becomes law as written. nally ill in a hospital. this morning, the majority leader did In addition, while the majority lead- Are we seriously going to go down not address the fundamental issue of ership in the Congress is attempting to that road and DEA agents to have the fairness that we are raising and over throw Oregon’s vote on assisted suicide potential to provide a 20-year prison which the President has threatened a into the trash can, Oregonians are sentence for a doctor for making a veto. holding on to ballots such as this one. judgment about pain medication to an My absolute last comment: The They are wondering if this ballot, this ill patient in a hospital? I find that ex- President made clear that he would sacred vote, really counts. traordinary. Yet the majority leader veto this. So the majority leader comes Mr. REID. Will the Senator from Or- tried to suggest on the floor that this to the floor and says, well, we will egon yield for a question? is just some innocuous conglomeration come back, and we will work this out Mr. WYDEN. In one moment. of legislation that has no major impact down the road. I am obligated to speak for those Or- on the lives of Americans, except 80 Why? Why work it out down the egonians, each and every one of them, percent of it is good and what the road? Why not work it out now? Why over a million Oregon voters, because I President wanted. That is a fight worth not work it out in the last month be- want them to understand that I am fighting on the floor of the Senate fore we came to the floor knowing it going to do everything in my power to today. would be vetoed? If we can work out make sure the ballot I have in my hand I am not going to go into all the de- these other issues, if we weren’t seek- and the ballots they are holding right tails. I just went through a long hos- ing a political advantage, we could cer- now actually count. The fact is, the pitalization issue with a parent. I know tainly work that out. senior Senator from Oklahoma has put what that pain medication meant for People may not like the fact that the into the tax bill legislation that would cancer. I know how difficult it was in President of the United States is who silence over a million Oregon voices. I the hospital to get the proper pain he is and is of the party that he is, but am going to be here to make sure those medication, to have people comfortable he has the veto. We have been through voices are heard. with what was being dealt. If we sud- this since 1995, when the Government I yield to the Senator from Nevada. I denly layer that kind of legal structure of the United States was shut down for thank him for his thoughtful com- over the delivery of medical care in the first time in American history over ments last night on this issue. America, we are taking an extraor- this very same challenge. And here we Mr. REID. Mr. President, I have a dinary step that at least ought to be are again, in the year 2000, with the question. This question comes from the properly debated on the floor of the same sort of sense of frustration over people of the State of Nevada. It is my Senate in the context of hearings, the the fact that he has the veto pen that understanding that if this provision of process, and so forth. brings us to this point of confronta- this tax bill passes, a vote that was A recent New England Journal of tion. The fact is, he does have that pen. taken in the State of Oregon, open to Medicine article said the following: He has the constitutional right. He everyone in the State of Oregon, would If the Pain Relief Promotion Act becomes made it clear he would do it. And the be basically repealed by the Congress law, it will almost certainly discourage doc- reasons he has chosen to do it are sub- of the United States; is that true? tors from providing adequate doses of medi- stantive and important to the Amer- Mr. WYDEN. The Senator is correct. cine to relieve the symptoms of dying pa- ican people. That is what this debate is In effect, it would be impossible to tients. about. carry out the will of Oregon voters on That does not belong in a tax bill, I thank my colleague for his cour- a matter that has historically been left conglomerated in a room without the tesy. I yield such time, up to the 30 to the States.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.032 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11209 What is so striking—and I appreciate Now, Senator KERRY noted the name knowledge, not a single nursing organi- the Senator’s question—is that we con- of this bill. It is the so-called ‘‘Pain Re- zation in America supports the bill stantly have colleagues come to the lief Promotion Act.’’ The fact of the purporting to relieve pain for the floor and talk about the importance of matter is, this legislation is really the dying—not one. But seven nursing or- States rights and the beauty of the ‘‘Pain Promotion Act’’ because it is ganizations, including the American 10th amendment. Then when they don’t going to have a chilling effect on Nurses Association, National Associa- happen to agree with what a State is health care providers all across this tion of Hospice and Palliative Nurses, doing, I guess the 10th amendment country who simply want to practice Pediatric Oncology Nurses, and the isn’t so important anymore. good pain management. American Society of Pain Management I appreciate the Senator’s question. I know my friend from Colorado, who Nurses, oppose the alleged pain relief Mr. REID. One more question I will is in the Chair today, also represents a bill included in this tax legislation. ask the Senator from Oregon: Then the rural State. Let me tell you about the Now, you know when a loved one is in people of Nevada, no matter how they kind of concern I have if the Nickles a hospital, the physician may have ul- feel about the substance of the legisla- bill, as written, becomes law. Let us timate responsibility for the care, but tion that passed in the State of Oregon, say you have a physician in Colorado the nurses are the ones on the front should be warned by me and others or in Iowa or another rural State who lines coping with pain. Seven major that if this piece of legislation passes, is opposed to assisted suicide—and I am nursing organizations, representing if we pass a ballot proposition or a law opposed to assisted suicide; I have those on the front lines, have come out in the State of Nevada, it would be sub- joined colleagues here in voting to ban against the Nickles bill. So the ques- ject to repeal by the Congress. We in Federal funding of assisted suicide. But tion is, how could all of this happen? I Nevada believe in States rights. We are let’s say a physician in Colorado, who think the Senate may want to reflect is opposed to assisted suicide, wants to part of the great western heritage. on the procedures involved because I treat pain aggressively with a suffering Is it true that if this particular legis- think other Senators may find the patient. If they do, their intent, their lation passes, the people of the State of same sort of absurd process applied in mental calculus can later be dissected Nevada should be aware of the fact matters that are important to their by law enforcement officials who, if that we could repeal something that States. they believe that anti-assisted suicide they pass in the legislature or by ballot When Senator NICKLES introduced physician really had a different intent, proposition? the Pain Relief Promotion Act last can prosecute that physician. And the Mr. WYDEN. The Senator is abso- year, the bill was referred to the Com- medical providers involved would be lutely right. People in Nevada should mittee on Health, Education, Labor, subject to a mandatory minimum sen- understand that what this legislation and Pensions. That is because, for obvi- tence of 20 years, a fine that is upwards does is take away from all States what ous reasons, the bill has enormous of a million dollars and they would lose has historically been their prerogative, ramifications for pain and health care. which is to determine appropriate med- their DEA registration. The fact is that the undertreatment The bill received a hearing in 1999. It ical practice. There is a great body of of pain today is a documented public wasn’t acted on by the committee. case law and a variety of legal prece- health crisis. There was just another Members on both sides of the aisle ex- dents that establish that right, and survey published very recently dem- pressed concerns about the legisla- folks in Nevada should understand onstrating that physicians and health tion’s impact on end-of-life and pain that. I think it is also on point to note care providers are reluctant to treat care. Unfortunately, a House bill iden- that people in Maine are voting right pain aggressively because they are very tical to that legislation was passed by now on this issue. I think it is open to fearful of having their decisions sec- the House and was suddenly referred to some question as to what will be the ef- ond-guessed by law enforcement. There the Senate Judiciary Committee, fect of that Maine ballot measure right are a number of us—the American Can- which didn’t have jurisdiction on this now if the tax legislation were to pass cer Society is one—who are opposed to critical health issue. The Parliamen- as written and, in effect, throw Oregon assisted suicide. Yet the American tarian did something that I believe folk to the trash can, and it might do Cancer Society has said that because of showed great courage, and I commend the same thing for people in Maine. I the chilling ramifications of pain man- him for it. He simply told the news thank my colleague for his questions. agement, it believes the Nickles legis- media that a mistake had been made, Mr. President, if the Senate was here lation included in the tax bill is going that the Nickles legislation had been today to vote on a stand-alone bill to hurt cancer patients nationwide. referred to the wrong committee. which would lead to unspeakable, The American Academy of Family I thought it was a very courageous, avoidable suffering for hundreds of Physicians is another major medical gutsy thing for the Parliamentarian to thousands of terminally ill citizens, group opposed to assisted suicide and do. It was the kind of unfortunate acci- there is no question in my mind that they oppose the Nickles legislation; so dent that can happen. the Senate would not pass it. So what is the American Nurses Association, The Judiciary Committee, as one we have to ask is why has the Senate the Oncology Nursing Society, the In- might guess, had a chairman who was leadership stuck into this tax bill, leg- diana State Hospice and Palliative sympathetic to the Nickles legislation islation that the American Cancer So- Care Association, and the Texas Med- who pushed and pushed to mark it up ciety and over 50 nationally recognized ical Association. In sum, there are before the American Cancer Society health organizations believe will cause more than 50 respected health organi- made it clear that the Nickles legisla- unnecessary suffering for thousands of zations that are opposed to physician- tion would hurt cancer patients. They terminally ill citizens in each State in assisted suicide and also oppose the got the bill out of the Judiciary Com- our country. Nickles legislation included in this tax mittee on a 10–8 vote. What is particularly ironic is that bill. Now you know that the bill is very this legislation has not moved forward If we do care about humane medical controversial. That is why it is coming with any of the traditional procedures treatment—and I know that every Sen- to the floor of the Senate in the form of the Senate. It has never been re- ator cares about the suffering of those it is. They could not get the Senate to ported out by a committee of jurisdic- who are vulnerable—I believe when you approve this legislation if the tradi- tion. It has never been subject to actually read what is in this tax bill tional procedure of the Senate were amendment by the full Senate. There and what Senator NICKLES has been followed. has never been a chance to debate it on able to include, if you wish to join us In fact, since the Nickles legislation the floor of the Senate. The fact is that in alleviating suffering and protecting had been introduced with a handful of this legislation, which is one of the the poor, elderly, and vulnerable, you Democrats who were supportive, sev- central bioethical questions in our so- have to oppose the Nickles legislation eral have now indicated their opposi- ciety, was stuffed into the tax bill close because it hurts the very people that tion largely for the reasons I have to midnight the other night, without our colleagues care about. cited—that the Nickles legislation overcoming even one of the traditional I want to raise a troublesome flag would have a chilling effect on pain procedures the Senate follows. now with respect to this bill. To my management.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.034 pfrm01 PsN: S27PT1 S11210 CONGRESSIONAL RECORD — SENATE October 27, 2000 The reason this bill has been stuffed ones—yours, mine—and individuals in the floor of the Senate. I think this into the tax legislation is that it can- every community across this country issue of pain abatement is a key issue. not go forward on its own. There is too are going to suffer the consequences I go even further than that in this de- much controversy attached to it, too with this flawed legislation. bate because the issue of physician-as- much uncertainty about its ramifica- I hope that before we have a final sisted suicide, which I do not support, tions on pain care for the dying for the vote on this issue, each and every one is really not what I am afraid of in leadership to bring it to the floor in of our colleagues will read the state- Senator NICKLES’ approach. But I just the normal way. ment of the American Cancer Society want to say to my friend, thank you The fact is that the Senator from on this legislation. They are an organi- for bringing this issue forward. I Oklahoma doesn’t have the votes. At zation that opposes assisted suicide, as watched a loved one, who was as close one point, the supporters had 80 votes. I do. Yet here is what they say about to me as anyone could be, cry out in It got out of the Judiciary Committee the Nickles legislation. This is the di- pain hour after hour, saying: I don’t 10–8. rect statement of the American Cancer want to live. I said last summer, let’s follow the Society about the Nickles legislation. I wanted this person to live more traditional rules of the Senate. After The American Cancer Society states, than I can say. But I went to that phy- we had agreed to that, the distin- and I quote: sician of this loving relative and I said: guished Senator from New York, who is Under the act, all physicians, and particu- Please, please, do everything in your very opposed to assisted suicide, saw larly physicians who care for those with ter- power to anesthetize this pain, to sop minal illnesses, will be made especially vul- how much damage this legislation nerable to having their pain and symptom this pain. This physician looked at me would do for the suffering and said he management treatment decisions questioned and he said: I will do everything that I couldn’t support the bill. by law enforcement officials not qualified to can. Senator NICKLES saw that support judge medical decision-making. This can re- I am so fearful that someone else, if was quickly moving away from him sult in unnecessary investigation and further this bill becomes law, will look at me and that he didn’t have the votes to disincentive to aggressively treat pain. and say: BARBARA, I know how much pass his legislation following the tradi- That is the American Cancer Society you love this individual, but I can’t do tional procedure of the Senate. To describing how the Nickles legislation more than I am doing because I’m compensate for the lack of votes and will have a chilling effect on pain care. afraid I’m going to be hauled off to the inability to follow traditional pro- I would like to offer a bit of a histor- prison. cedures in the Senate, the senior Sen- ical perspective. The nonprescription I don’t want any family looking in ator from Oklahoma has chosen the abuse of opioids and cocaine around the the eyes of a physician, begging to put least democratic method at his dis- turn of the century and the growing a loved one out of this type of misery posal to circumvent an honest debate sentiment that doctors at that time and pain, being told that their hands and avoid even a couple of modest were one component of the growing are tied; they would love to help and amendments. drug problem in America helped con- they can’t. What is striking is the senior Sen- tribute to the stigma associated with That is why what the Senator from ator from Oklahoma has on various oc- the use of opioids for pain. Oregon is doing is so important and casions apparently said we shouldn’t According to a seminar on oncology why I am so saddened that this bill, in have extraneous matters brought in and in an article by Dr. David the dead of night, that could lead to that had not been considered sepa- Wiseman, ‘‘Doctors, Opioids, and the people writhing in pain, not being able rately in a conference report. But he is Law: The Effect of Controlled Sub- to get the help they need, was done in allowing exactly this to be done with stances Regulation on Cancer Pain such a fashion where we really can’t his bill. Management,’’ when regulations were even give it the attention it deserves. The senior Senator from Oklahoma is enacted in 1914 to keep from treating As my final point, would my friend betting that by stuffing his legislation drug addicts with opioids, the stigma tell me again, for the record, so that into this conference report, everybody attached to those drugs continued to everyone watching this debate can is going to be so resigned to the out- grow, and physicians across the coun- know, which organizations are oppos- come and so anxious to bring down the try became more reticent to prescribe ing this Nickles provision for the rea- gavel and get home that this body is those drugs because of their fear of son that the Senator has stated—that criminal or licensing sanctions against just going to ignore its obligation to it will lead to people suffering need- their practice. the scores and scores of families and lessly, and doctors being afraid to help The undertreatment of pain is due to them because they will be hauled off to suffering patients who are going to be a variety of complex causes. There cer- jail. hurt by this legislation. tainly are a number of studies that The senior Senator from Oklahoma Mr. WYDEN. I appreciate my col- show that the threat of legal sanctions may be right. I suppose that is the way league’s questions. There are more is one of the main roadblocks to hu- it often works in the Senate. However, than 50 major health organizations. mane pain control. And that is before The American Cancer Society has stat- I am going to be asking my col- the Nickles legislation in the Senate ed why they feel this legislation would leagues—and will talk more about this would direct to Drug Enforcement Ad- subject when we get back on the tax ministration to have law enforcement have a chilling effect on pain manage- legislation—to step up to the suffering agents second-guessing the judgment of ment. I want my colleague to know, be- with so much on the line. I want them doctors. to know what is at stake. One 1994 California survey showed cause time is short, that Senator NICK- If this legislation is approved, the that 69 percent of physicians cited the LES, in offering this bill, says doctors friends of every Senator, loved ones, potential for disciplinary action as a don’t have anything to worry about and constituents are going to find it reason for prescribing opioids conserv- with respect to prosecution under the impossible to obtain aggressive pain atively. One-third of the doctors went bill—that his legislation says doctors care in their communities. Patients on to acknowledge that their own pa- can prescribe drugs which will hasten unable to obtain pain care are a fact of tients may be suffering from untreated death if their intent is to treat the life right now, but at least we have pain. pain. So he is talking about ‘‘intent.’’ some solace in knowing that thousands What we saw last week in Oregon was Our colleagues are right to be so con- of brave health professionals are will- a brand new study that showed again cerned about who is going to determine ing to risk their reputations and their that physicians are fearful about ag- the intent of the physician, who is just careers to prescribe controlled sub- gressively treating pain for fear of trying to help somebody suffering and stances to relieve suffering. legal prosecution. It confirmed the 1994 gives a suffering person critical relief If the tax legislation goes forward California survey. and dignity as they face difficult hours without removing the Nickles bill, the For that reason, I am happy to yield at the end-of-life. The person who is undertreatment of pain, which is al- to my friend and colleague. going to decide ‘‘intent’’ is not another ready a documented public health cri- Mrs. BOXER. Mr. President, I thank doctor, not a nurse, not a health pro- sis, is going to get worse. Our loved my friend for bringing these issues to fessional, not anybody with medical

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.037 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11211 training, but law enforcement officials. are going to be the ones to assess the sponsors—maybe my friend and col- A law enforcement official is going to intent of a medical provider. A medical league from Oregon has been able to determine that medical provider’s’ in- providers’ intentions under any cal- convince one or two to get off. Senator tent. Somebody with no medical train- culus, as the American Cancer Society LIEBERMAN is still a principal cospon- ing is going to, in effect, have the au- has noted, cannot be easily determined. sor, to my knowledge. He testified in thority to put medical providers on To allow law enforcement officials to favor of this legislation, as have I. So trial; a trial that could cause a pro- have this enormous discretion, after this legislation is not new. It is not a vider to lose their license, serve 20 the fact, to challenge our medical pro- surprise. years in prison, and face upwards of a viders, in my view, is going to signifi- My colleague from Oregon has sent $1 million fine. cantly compound the undertreatment several letters to all colleagues saying It doesn’t have to be this way. There of pain in America. what is wrong with the legislation. I are many who oppose assisted suicide, Mr. NICKLES. Mr. President, I was have sent several letters to all of our who want to work in a bipartisan way told that the time of the Senator ex- colleagues saying he was incorrect. So to promote better pain management pired and I was coming to claim my everyone knows about this bill and ev- and reduce the demand for assisted sui- time to respond. eryone knows at some point we are cide. The PRESIDING OFFICER. The time going to have a debate on it. I hope it Mrs. BOXER. I thank my friend. of the Senator has expired under the will be passed. Mr. WYDEN. The Senator from Okla- previous order, and the Senator from Let me touch on a couple of issues homa is not allowing Members to do Oklahoma is to be recognized. that were brought up. My colleague that. Mr. NICKLES. I will be happy to let from Oregon said if this bill is passed it The Senator from California has my colleague conclude his thought. is going to tell a million people in Or- made the key point. At the end of the Mr. WYDEN. Mr. President, I hoped egon who voted for this on a ballot ini- day, I want it understood when the peo- we could have worked it out. My time tiative, a referendum, that their vote ple of Oregon cast a ballot like the one has expired. As the Senator from Okla- does not mean anything. I disagree I have in my hand on a matter that has homa knows, I have wanted a real de- with that. This bill does not overturn historically been left to the people of bate on this legislation for some time, Oregon’s law. I want to be very clear my State and to every State, I will do so I am happy to have the Senator hold about this. This bill does not say any- everything I can on the floor of the forth. thing about making Oregon’s law null Senate to protect that vote. The PRESIDING OFFICER. The Sen- and void. What this bill does is it deals I yield the floor, and I suggest the ab- ator from Oklahoma. with pain and pain management. The sence of a quorum. Mr. NICKLES. Mr. President, one, I bill does say: Oregon, you cannot over- The PRESIDING OFFICER. The wish to respond to my colleague and turn Federal law. It doesn’t say quite clerk will call the roll. my friend from Oregon. He is my that. Federal law, the controlling law, The assistant legislative clerk pro- friend. We happen to have a disagree- is the Controlled Substances Act. That ceeded to call the roll. ment on this issue. We have a dif- is a Federal law. It passed in 1970. It Mr. WYDEN. Mr. President, I ask ference of opinion, a rather pronounced controls very strong drugs, I tell my unanimous consent that the order for difference of opinion. I heard several friend from New York. These are dead- the quorum call be rescinded. things in his statement that I want to ly drugs. They are strong drugs. They The PRESIDING OFFICER. Without correct. I almost don’t know where to are under Federal control. They are objection, it is so ordered. start. not under State control; they are under Mr. WYDEN. Mr. President, I ask First, let me touch on a couple of Federal control. It is a Federal Con- unanimous consent that the time be things on procedure. This is so wrong trolled Substances Act. The State of equally divided between both sides. procedurally and should not be in this Oregon cannot pass a law that changes Mr. BOND. I object. bill. a Federal statute. The PRESIDING OFFICER. The ob- Again, he is my good friend, but he I make the analogy, Oklahoma might jection is heard. has known all along I would try to get say let’s legalize heroin. Oklahomans Mr. WYDEN. Mr. President, I will this bill on the floor. Yes, it was put in might pass that in a referendum, but it keep talking if the Senator from Mis- the tax bill. I tried to put it in the ap- doesn’t make heroin legal. It is still souri objects. I am sure some of our propriations bill. We ended up putting against the Federal law to use heroin. colleagues have other concerns. it in a tax bill. Is that the best way to These are federally controlled drugs. I will continue on this question of legislate? No. They are deadly if they are used in dissecting medical providers’ intent, as I might tell my colleagues and my very large quantities, but they are also the Nickles legislation does, a dis- friend from Oregon I tried about half a very helpful. They can help alleviate secting exercise that will be done by dozen different ways to pull the bill up, pain. Unfortunately, we have a real law enforcement professionals rather to have it be an amendable state, to problem in pain. I heard my colleague than medical providers. offer my colleague from Oregon or oth- from California mention she knew a Here is what the American Cancer ers a chance to have relevant amend- friend who was in enormous pain. We Society had to say about determining ments, and those offers were always re- all have friends or families or have ‘‘intent’’ under the Nickles legislation. jected. So now we have the bill before known people who are suffering and The American Cancer Society says: Un- the Senate. suffering greatly. I want to alleviate fortunately, intent cannot be easily de- I might also mention, if one is com- their pain. That is one reason why this termined, particularly in the area of plaining about this procedure, then we bill was created. medicine, where effective dosage levels shouldn’t have any problem with the There were two reasons. We want to for patients may deviate significantly Commerce-State-Justice because the alleviate pain. That is why all the pain from the norm. The question of decid- administration is trying to put an am- management groups endorse this bill. I ing intent should remain in the hands nesty provision that doesn’t belong on will go through a list. My colleague of those properly trained to make such the Commerce-State-Justice bill. It did from Oregon listed a few groups that decisions—the medical community and not pass either the House or the Sen- endorsed his. We have 10 times as many State medical boards. ate, and is totally extraneous to the people, groups, physicians, you name What the American Cancer Society is conference. it—hospice care, palliative care, the saying, as with these other 50 organiza- Senator BYRD had one dealing with American Medical Association, that tions, they are especially troubled that trade that was on an appropriations endorse this bill; pain management so- the Nickles legislation is second-guess- bill. It should not have been. It was in- cieties—you name it. I will have all ing the pain management practices of serted. that printed in the RECORD. These physicians and providers all across the At least this bill did pass the House groups, the hospice groups and others, country. It is especially troublesome by over 100 votes. It did pass the Judi- their members worked their entire because law enforcement officials, ciary Committee. It has had hearings. lives because they want to alleviate rather than health care professionals, It has been marked up. It has had 42 co- pain. This bill will alleviate pain.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.039 pfrm01 PsN: S27PT1 S11212 CONGRESSIONAL RECORD — SENATE October 27, 2000 This bill does two things. It says we So how did Oregon amend the Fed- have banned assisted suicide. Iowa, the can use these drugs. My amending the eral law, the Federal statute? Maybe same thing, a dramatic increase in pain Controlled Substances Act says we can Oklahoma is going to amend the Fed- control drugs when they banned as- use these very strong drugs to alleviate eral law. They might not like the .08 sisted suicide. Kansas, again, more pain. We put a safe harbor in to protect we just passed. than double. Louisiana doubled the use physicians, making sure when they use I heard my colleague say: What about of these very strong drugs to alleviate these drugs to alleviate pain, if it States rights? I am a very strong sup- pain. In Rhode Island, it more than causes someone’s death there will be no porter of States rights but States can- doubled. South Dakota had a big in- problem. The bill also says these drugs not change Federal law. I am all for crease. Again, almost all of these have cannot be used for the purpose of as- giving States the right to opt out. If we doubled. Tennessee—it has more than sisted suicide. want to say the Controlled Substances tripled the use of pain control drugs. Guess what. That has been the law of Act applies unless the States want to When the States banned the use of the land for 30 years. These drugs were opt out, let’s pass it. We have not done assisted suicide, they used the strong never allowed to be used for assisted that. If we want to have a different law drugs to alleviate pain. This is what we suicide. The Drug Enforcement Admin- to allow States to opt out, maybe it want to do. We want to alleviate pain. istration—I will put a letter from Mr. should be used against the Federal law We want to be effective. We want to get Constantine who says he reviewed it— against heroin or cocaine, and we want the very strong drugs that a lot of phy- the Controlled Substances Act says to have the State opt out on that? I sicians have been reluctant to utilize these drugs can be used for legitimate don’t think so. Oregon is saying let’s and we want to get them into physi- medical purposes. In our bill, we state have the State opt out on the Con- cians’ hands. We want to let them that includes pain management, the al- trolled Substances Act so we can use know they have the power, the author- leviation of pain. We put that in spe- these substances for assisted suicide. ity, the education to use these drugs to cifically so everyone will know: Use Oregon cannot change the Federal law. alleviate pain. Even if they increase these drugs to alleviate pain. It is now So it is not us, it is not the Federal the use and it causes someone’s death, in the law. Mr. Constantine also said it Government now trying to overturn there is no penalty, and I have to touch is not construed to be used for assisted the Oregon law. Oregon, by ref- on the penalty sanctions. My colleague suicide. erendum, thought they could overturn was so wrong. You say: Why do you need this bill? the Federal law. They cannot do it. We want them to alleviate pain. My You need this bill for two reason. They cannot do it. colleague says: If they do not comply, One, we want to make sure everybody Let’s do what we can to alleviate we will have a new group of Federal of- pain. Let’s take these very strong knows these drugs can be used to al- ficers running around, and this is going drugs—morphine and others that if leviate pain. to have a chilling impact. He is exactly used in excess can be deadly—let’s What about the Oregon law? My col- wrong. The Drug Enforcement Admin- make sure they are used to alleviate league from Oregon said this is going istration is in control of these drugs pain. Let’s do it aggressively and edu- to outlaw the Oregon law and nullify a right now. There are 990,000 registrants cate people all across the country in million voters who voted for it. This is who use these federally controlled pain management. So we do that as going to gut the bill. drugs nationwide. well. Granted, they have had dozens of sui- My colleague from Oregon implied Let me also knock down a couple of cides that have been committed using that if we pass this bill, we are going to the arguments that my colleagues federally controlled drugs. Guess what. used. He said if we do this, it is going have a new set of Federal police; they The law was always interpreted before to have a chilling impact. are going to be arresting people and that these drugs cannot be used for as- Far from it. I will tell my colleagues, they will do years in jails and pay sisted suicide. They cannot be used to the AMA and some other groups, the thousands of dollars in fines. We have cause someone’s death. They can be hospice groups, said that a couple of given zero, none, no additional law en- used to alleviate someone’s pain, and years ago. We stated very clearly in forcement authority. we clarify that in our legislation. We the Controlled Substances Act that Guess how many drug enforcements go further. We put in funds to educate these drugs can be used to alleviate there were in fiscal year 1999? There people on pain management. pain. They said: We are afraid it will are 990,000 registrants, and they inves- My colleague from Oregon and I hap- have a chilling impact so we put in lan- tigated 921 cases, almost all of which pen to agree with this. There is a real guage to guarantee, to give physicians were referred by the States. They re- problem in pain management. There safe harbors, to do all kinds of things voked their registration, which is are a lot of people who are not doing in the legislation to encourage using DEA’s enforcement. They revoked the enough in pain management, for what- the drugs for pain management but not registrations of 29. ever reason. Maybe they have not been assisted suicide. So the chilling effect In 1998—again, there are almost 1 educated. Maybe they are afraid of li- argument is not accurate. million people who are licensed to dis- ability. Maybe they are afraid of doing In fact, if you look at the several pense these federally controlled too much and that might enhance States that have passed laws against drugs—they revoked the registrations someone’s death. We said you can be assisted suicide but for pain manage- of 17; in the year 1997, 18. So DEA al- very aggressive in pain management. ment—and there are several, and I have ready has this authority. They have it What you cannot do is take federally charts of several: Kansas, Rhode Is- nationwide. They have always had it. controlled drugs and use them to kill land, several States—in every one of We do not take it away. We do not en- somebody. These drugs are controlled those States, when they passed legisla- hance their authority. by the Federal Government. They can tion banning assisted suicide but en- This is a bogus red herring. Some- be used to alleviate pain. They cannot couraging pain management, the use of body is trying to scare the people: We be used to kill somebody. morphine has gone up dramatically. So are going to increase the Government About the Oregon law, Oregon passes instead of having a chilling impact on power. Hogwash, we are increasing the a law and says they are going to say pain management, it encouraged pain power of the physicians. We are giving one can have assisted suicide. Fine. management, it encouraged the use of them a safe harbor, giving them great- You cannot use Federal controlled these drugs, these very strong drugs to er standing. Before somebody can take drugs. These are federally controlled alleviate pain. That is the history in action, they have to prove intent be- drugs. Oregon cannot amend the Con- every single State. It is interesting to fore there would be any claim against trolled Substances Act. They think note since Oregon passed their law on that physician. We give the physicians they can. Now with the Attorney Gen- allowing or legalizing assisted suicide, greater power and greater reliability eral’s letter, maybe they think they it is just the opposite. The use of pain that they will not be going to court, can. It is really awkward. In 49 States, management drugs has actually gone that they will not be in trouble with you cannot use federally controlled down. law enforcement if they are aggres- substances for assisted suicide, but in I look at Indiana, the use of mor- sively using these drugs for pain man- Oregon you can. phine has gone up substantially. They agement.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.041 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11213 Under this bill, they can use these American Society of Anesthesiologists. problem could be worked out and that it was drugs aggressively in pain manage- American Society of Interventional Pain possible to keep doctors from using federally ment. They just cannot use them for Physicians. controlled substances to kill their patients Dr. Kevorkian assisted suicide, plain Americans for Integrity in Palliative Care. without also preventing them from relieving Americans United for Life. their terminally-ill patients’ agonies. and simple. In Oregon, in at least 43 California Disability Alliance. This Congress’s Pain Relief Promotion Act cases, they have used federally con- Catholic Health Association. proves it, and the proposed legislation comes trolled drugs to kill someone. We are Catholic Hospice (Florida). not a moment too soon. A new report by the Catholic Medical Association. saying these are federally controlled Center for Ethics in Health Care at Oregon Christian Legal Society. drugs and you can use them to allevi- Health Sciences University shows that end- Christian Medical & Dental Society. ate pain, but you cannot use them to of-life care in Oregon—which fancies itself a Coalition of Concerned Medical Profes- kill someone. leader in this area—is far from all it should sionals. be. Too many Oregonians spend the last days I want to touch on a couple of other Carondelet Health System. of their life in pain. issues. I mentioned safe harbor. I have Eagle Forum. a letter from the American Medical As- Family Research Council. There’s no real need for that—and the Pain sociation, which says: Florida Hospices and Palliative Care, Inc. Relief Promotion Act of 1999 would go a long This bill would explicitly include this as a Florida Medical Association. way toward addressing these systemic and safe harbor, creating a legal environment in Focus on the Family Physicians Resource professional failures here and elsewhere. The which physicians may administer appro- Council. proposal would authorize federal health-care priate pain care for patients without fear of Friends of Seasonal and Service Workers agencies to promote an increased under- prosecution. (Oregon). standing of palliative care and to support Hope Service and Palliative Care (Florida). training programs for health professionals in This is the AMA. Hospice Association of America. the best pain management practices. It They continue: Iowa Medical Society. would also require the Agency for Health The Pain Relief Promotion Act does not Louisiana State Medical Society. Care Policy and Research to develop and create a new Federal authority to regulate Lutheran Church—Missouri Synod. share scientific information on proper pallia- physicians. The bill contains specific rules of Medical Association of the State of Ala- tive care. construction preserving the roles of States bama. Further, the Pain Relief Promotion Act and the Federal Government in regulating Medical Society of Delaware. would clarify the Controlled Substances Act the practice of medicine. Medical Society of New Jersey. in two essentials ways. I could go on and on. Medical Society of the State of New York. Mr. President, I ask unanimous con- Michigan State Medical Society. One, it makes clear that alleviating pain National Association of Pro-life Nurses. and discomfort is an authorized and legiti- sent to print in the RECORD a volume of National Conference of Catholic Bishops. mate medical purpose for the use of con- information because this is an impor- National Hospice Organization. trolled substances. tant issue. I have editorials, a couple of National Legal Center for the Medically Two, the bill states that nothing in the which came from Oregon, one of which Dependent and Disabled. Controlled Substances Act authorizes the is dated July 1, 1999. This is the Orego- National Right to Life. use of these drugs for assisted suicide or eu- nian. It says: ‘‘Kill the pain, not the Nebraska Coalition for Compassionate thanasia and that state laws allowing as- patients.’’ That is what we try to do Care. sisted suicide or euthanasia are irrelevant in with our bill. We try to kill the pain Nebraska Medical Association. determining whether a practitioner has vio- and not the patients. Not Dead Yet. lated the Controlled Substances Act. Also, I have an Oregonian editorial Ohio State Medical Association. Oklahoma State Medical Association. Technically, of course, the bill does not which says: ‘‘A state’s rights, a state’s OSF Healthcare System. overturn Oregon’s so-called Death with Dig- wrongs.’’ This is dated October 19, 1999. Pain Care Coalition—American Academy nity Act. But it would thwart it, for all prac- And a more recent editorial from the of Pain Medicine, American Headache Soci- tical purposes, because it makes it illegal for Oregonian, September 10, 2000, says: ety; American Pain Society. Oregon doctors to engage in assisted suicide using their federal drug-prescribing license. Approve pain relief promotion bill. The Pennsylvania Medical Society. Suicide’s advocates may think of some other Senate should put a quick end to Wyden’s fil- Physicians for Compassionate Care. method, but none seems obvious. ibuster and pass a bill that favors pain kill- Puerto Rico, Office of the Governor. ing over patient killing. Supportive Care of the Dying: A Coalition Is this a federal intrusion on a state’s right I have a volume of things. I men- for Compassionate Care. to allow physician-assisted suicide or eutha- South Carolina Medical Association. nasia? tioned these three editorials which are South Dakota Medical Association. To hear some recent converts to state’s very well written, and also I have a Union of Orthodox Jewish Congregations of legal analysis of the bill; I have a list rights talk, you might think so. But you America. could just as easily argue that Oregon’s as- of organizations supporting the Pain Utah Medical Association. sisted suicide law intrudes on the federal do- Relief Promotion Act. This list is very Virginia Association For Hospices. main. The feds have long had jurisdiction long. It starts with Aging With Dig- VistaCare Hospice. over controlled substances, even as states nity, the American Academy of Pain Vitas Healthcare Corporation (CA, FL, IL, kept the power to regulate the way physi- Management, the American College of OH, PA, TX, WI). cians prescribe them. At best, it’s a gray Wisconsin Council on Developmental Dis- area. Osteopathic Family Physicians, Amer- abilities. ican Medical Association, American State Medical Society of Wisconsin. You’ll recall that the Department of Jus- Society of Anesthesiologists, American tice declined to assert a federal interest in Society of Interventional Pain Physi- [From the Oregonian, July 1, 1999] all of this when it plausibly could have, shortly after Oregon voters approved as- cians, Americans for Integrity in Pal- KILL THE PAIN, NOT THE PATIENTS liative Care, Americans United for sisted suicide. It’s probably better—and high It’s no secret to any reader of this space time—that Congress asserts that interest ex- Life, California Disability Alliance, that we oppose Oregon’s venture into physi- plicitly. Catholic Health Association, Catholic cian-assisted suicide. Medical Association. I could go on and But last year, when the American Medical This act would establish a uniform na- tional standard preventing the use of feder- on. There are medical associations— Association and the National Hospice Orga- nization came out against a bill in Congress ally controlled drugs for assisted suicide. the Florida Medical Association. That, in itself, should advance the national There being no objection, the mate- giving medical review boards the power to deny or yank the federal drug-prescribing li- debate on this subject in a more seemly way rial was ordered to be printed in the cense to physicians who prescribed these than, say, the recent efforts of Dr. Jack RECORD, as follows: drugs to assist in suicides, we took their con- Kervorkian. THE PAIN RELIEF PROMOTION ACT AND THE cerns seriously. Beyond that, it’s high time that the Con- SUBSTITUTE AMENDMENT—SUPPORTING OR- The groups argued that the proposed law gress made clear that improved pain relief is GANIZATIONS could reverse recent advances in end-of-life a key objective of our nation’s health-care Aging With Dignity. care. Doctors might become afraid to pre- institutions and our Controlled Substances American Academy of Pain Management. scribe drugs to manage pain and depression— Act. The Pain Relief Promotion Act will do American College of Osteopathic Family things that, when uncontrolled, can lead the all this. No wonder the American Medical Physicians. terminally ill to consider killing themselves Association and the National Hospice Orga- American Medical Association. in the first place. We thought then that the nization are now on board.

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.045 pfrm01 PsN: S27PT1 S11214 CONGRESSIONAL RECORD — SENATE October 27, 2000 [From the Oregonian, Oct. 19, 1999] own, because of its worries about drug addic- As such, the Pain Relief Promotion Act A STATE’S RIGHTS, A STATE’S WRONGS tion. would have a chilling effect on Oregon’s as- Clearly, Congress has every right to update sisted suicide law. It wouldn’t exactly nullify NOT EVEN OREGON HAS A RIGHT TO INTRUDE ON or clarify U.S. law on the use of federally it, but doctors here couldn’t prescribe feder- FEDERAL GOVERNMENT’S TRADITIONAL REGU- controlled substances for assisted suicide. If ally controlled drugs for physician-assisted LATORY ARENA Congress can concern itself with drug addic- suicides. Nobody can say Oregon didn’t have a full tion, surely it can—and should—concern This explains Wyden’s opposition to the debate on assisted suicide before reaffirming itself with the quality of health care across bill, through things get tricky here. He says in November 1997 what voters first passed a the country. he actually opposes the assisted suicide law. year earlier. Both sides expended much blood It can—and should—concern itself with the He just thinks Oregonians have a right to and treasure in the fight and it’s natural to effects of assisted suicide on that health pass this law, good or bad. That’s the sen- think the matter should end there. Oregon care. ator’s right, but the Senate shouldn’t play voters passed assisted suicide; Oregon should And it can—and should—approve the Pain along with the effort to dress up this exer- have assisted suicide. Relief Promotion Act of 1999. cise in constituent service as some great Normally, we’d agree. stand for states’ rights or better pain relief. But Oregon’s ‘‘Death with Dignity Act’’ [From the Sunday Oregonian, Sept. 10, 2000] As we’ve seen, Nickles-Lieberman’s entire barges into an area of long-standing federal APPROVE PAIN RELIEF PROMOTION BILL thrust is geared to improving pain relief and jurisdiction—the Controlled Substances SENATE SHOULD PUT A QUICK END TO WYDEN’S palliative care under the Controlled Sub- Act—and Measure 16 proponents’ new infatu- FILIBUSTER AND PASS BILL THAT FAVORS stances Act. As is also clear, Wyden has ation with ‘‘states’ rights’’ betrays a mis- PAIN-KILLING OVER PATIENT-KILLING picked a strange place to make his stand for understanding of the concept. Life-and-death issues aren’t always open to states’ rights. Nickles and Lieberman are, We mention this as Congress prepares to consensus solutions, but a reasonable con- after all, clarifying the federal Controlled debate the Pain Relief Promotion Act of sensus on end-of-life care seems to have Substances Act of 1970. In truth, it’s Oregon 1999. The bill would authorize federal health- emerged. that has barged into an accepted area of fed- care agencies to promote an improved pallia- It’s embodied in the Pain Relief Promotion eral regulation, 30 years after the fact, with tive care, and not even our new states’ rights Act that the U.S. Senate should vote on its assisted-suicide experiment. enthusiasts are grousing about that proposed soon—if it has the wisdom to shut off a Debate on the Nickles-Lieberman should federal initiative. The Pain Relief Promotion threatened filibuster led by Oregon’s Ron lead to an informed decision not put off such Act also makes clear that alleviating pain Wyden. a decision and protect one state’s warped and discomfort is an authorized and legiti- How broad is this consensus? Well, the views of its powers. The Senate should vote mate medical purpose for the use of con- American Medical Association, the Amer- a quick end to any Wyden filibuster on its trolled substances under the Controlled Sub- ican Academy of Pain Management, the Hos- way to passing the Pain Relief Promotion stances Act. Nobody minds this either, which pice Association of America, and other med- Act. is understandable, since it would ensure that ical groups all back the Pain Relief Pro- federal drug laws don’t get in the way of motion Act. [From the Washington Post, Nov. 10, 1999] proper palliative care. It passed the House, 271–156, last fall and HEALTH, NOT SUICIDE But the fur starts flying when the bill has 42 co-sponsors in the Senate. Democrat states that nothing in the Controlled Sub- With regard to Oregon Gov. John Joe Lieberman, Al Gore’s running mate, is Kitzhaber’s op-ed column of Nov. 2, stances Act authorizes the use of these drugs the chief Senate sponsors along with Okla- for assisted suicide or euthanasia and that ‘‘Congress’s Medical Meddlers,’’ let’s get the homa Republican Don Nickles. facts straight. state laws allowing assisted suicide or eutha- The Connecticut Democrat has company Federally controlled substances are ex- nasia are irrelevant in determining if a phy- on the campaign trail, too, Republican presi- actly that—federally controlled. Under sician has violated this federal law. Al- dential nominee George W. Bush backs the present law, they can be used only for a le- though the act wouldn’t technically nullify bill. So does the Green Party’s Ralph Nader, gitimate medical purpose to promote health Oregon’s suicide law, doctors here would who worries that HMOs and corporate med- and safety. This has been true since 1970, have to help patients die without the aid of ical interests will see assisted suicide as a when Congress passed the Controlled Sub- federally controlled substances. cheap alternative to expensive medical care. stances Act, giving primary jurisdiction over Initially, U.S. Drug Enforcement Adminis- It’s easy to see why left and right, Repub- these narcotics and dangerous drugs to the tration Administrator Thomas Constantine licans and Democrats, support the bill. It Drug Enforcement Administration. A lethal ruled that using controlled drugs such as calls on federal health agencies to dissemi- overdose, otherwise known as assisted sui- barbiturates to terminate patients violated nate information on palliative care to cide, has never been considered a legitimate the Controlled Substance Act, because as- health-care providers and the public. sisted suicide was not a ‘‘legitimate medical It authorizes $5 million a year for grants to medical purpose and certainly does not pro- practice.’’ We couldn’t agree more that help- teach medical people the latest pain-man- mote public health and safety. Oregon voters passed a state law to allow ing patients kill themselves is not a ‘‘legiti- agement techniques. In addition, it makes physician-assisted suicide, and they had the mate medical practice.’’ But in a later deci- explicit a ‘‘safe harbor’’ provision in the fed- right to do so. But they do not have the right sion, Constantine’s boss, Attorney General eral Controlled Substances Act. Doctors to change federal law. If Oregon were to le- Janet Reno, took a different view. could use controlled substances to ease pain galize the use of heroin for medicinal pur- She stated there was no evidence that Con- even when this may unintentionally hasten poses, that wouldn’t change the federal law gress, in the Controlled Substance Act, death. The bill provides for continuing edu- forbidding its use. wanted to override the states’ right to deter- cation on this ‘‘safe harbor’’ for Drug En- Last year, Attorney General Janet Reno mine what was a ‘‘legitimate medical prac- forcement Administration and other law-en- issued a letter carving out an exception for tice.’’ Nor is there evidence, Reno continued, forcement officials. Oregon to use federally controlled sub- that Congress intended to hand the DEA Foes claim that the Nickles-Lieberman bill stances for assisted suicide, a decision in power to decide the assisted suicide question. would have a ‘‘chilling effect’’ on doctors’ A fair historical point. Congress probably ability or inclination to relieve patients’ suf- conflict with an earlier determination by her couldn’t imagine in 1969 that a state would fering. Please. Every section of the bill ad- own DEA and with the Controlled Sub- countenance assisted-suicide using con- vances the cause of pain relief. States that stances Act. The Pain Relief Promotion Act trolled substances—but what about now? have passed similar laws—Iowa and Rhode makes clear, for the first time, that aggres- Reno said the DEA shouldn’t decide if physi- Island, for example—have seen per-capita use sive treatment of pain is a legitimate med- cian-assisted suicide is a ‘‘legitimate med- of federally controlled morphine for pain re- ical purpose, and it provides new legal pro- ical practice,’’ and that’s a fair point, too. lief go up dramatically. tections for physicians to use these medica- These issues, Reno stated, are fundamental The only thing Nickles-Lieberman will tions to alleviate pain and discomfort. It questions of morality and public policy.’’ have a chilling effect on is doctors who want also restates that the use of these federally But does Congress have a right to answer to use federally controlled drugs in their pa- controlled drugs to cause, or assist in caus- such questions in the context of the Con- tients’ suicides. The bill clarifies the Con- ing, death is not a legitimate medical pur- trolled Substances Act? trolled Substances Act so this 31-year-old pose. Absolutely. federal law cannot be read to countenance DON NICKLES These are drugs the federal government al- the use of federally controlled drugs in as- U.S. Senator. ready controls. The federal government sisted suicides and euthanasia. It makes wouldn’t allow a state’s doctors to dispense plain that assisted suicide and euthanasia C. EVERETT KOOP, M.D., heroin simply because a state legalized it. are not ‘‘legitimate medical purposes’’ under Washington, DC, June 17, 1999. The federal government didn’t allow doctors the Controlled Substances Act. (By contrast, STATEMENT OF C. EVERETT KOOP, M.D. ON THE to dispense marijuana even to terminally-ill alleviating pain and suffering are, states the PAIN RELIEF PROMOTION ACT OF 1999 patients—just because a few states’ voters bill, ‘‘legitimate medical purposes’’ for a I am pleased to lend my strong support to deemed this a nifty idea. Congress didn’t controlled substance—‘‘even if the use of the Pain Relief Promotion Act of 1999. even have to weigh in on medical marijuana; such a substance may increase the risk of Clearly, controlled substances such as nar- the administration made that decision on its death.’’) cotics have very legitimate and important

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.006 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11215 uses in modern medicine, not least in alle- harbor’’ provision for physicians in the Con- dentally, he kept talking about the viating the suffering of dying patients. Just trolled Substance Act. This is a vital ele- American Cancer Association. I do not as clearly, government has a legitimate in- ment in creating a legal environment in think they ever wrote a letter saying terest in ensuring that these substances are which physicians may administer appro- they were opposed to the bill. He made never intentionally used to take a human priate pain care for patients without fear of life. Physicians entrusted by the federal gov- prosecution. it sound like they did. I do not know if ernment with the privilege of using these po- The provisions of the Chairman’s Sub- they did. He has one that is maybe tentially dangerous drugs in their practice stitute to H.R. 2260, reported by the Senate questionable on the bill. should be the first to understand the need for Judiciary Committee on April 27, 2000, rep- We have dozens which spent a lot of laws ensuring their proper use. Their own resents substantial success in achieving the time supporting us. The National Hos- ethical code instructs them always to use AMA’s policy goals. The AMA is pleased to pice Association, the group that takes medications only to care, never to kill. endorse H.R. 2260, which now contains sig- in individuals in their later years, par- We should recall what the late Margaret nificant improvements explained below. ticularly in the years where they are Mead once said about efforts to legalize eu- PRESERVES STATE’S ROLE IN REGULATING close to death, supports this bill. So thanasia: In such a society, patients will not PHYSICIAN PRACTICE know whether their physician is visiting the allegations that this might have a The PRPA preserves deference to state li- chilling impact is hogwash. To make them in his role of healer or killer. Accept- censing boards and professional disciplinary ance of assisted suicide as a ‘‘solution’’ to authority as currently exists under the Con- an allegation that this might be offen- the problems of dying patients would under- trolled Substances Act (CSA). This bill sive to States rights is absolute hog- mine the trust that all patients must be able would also maintain the current balance of wash. That is not correct. to place in their physicians. It would also authority between state and federal govern- We are not overturning Oregon’s law. undermine efforts to improve compassionate ment, in which the DEA and state medical li- Oregon cannot overturn Federal stat- care for dying patients, as the ‘‘quick fix’’ of censing boards have overlapping authority ute. Do we want to repeal the Federal assisted suicide replaces the more difficult when it comes to physicians prescribing con- Controlled Substances Act? The Fed- but vitally important tasks of controlling trolled substances. pain and other symptoms and keeping com- eral Government has been controlling pany with the dying. We cannot let this hap- THE PRPA DOES NOT CREATE NEW FEDERAL these strong drugs before that act. pen. AUTHORITY TO REGULATE PHYSICIANS There was another act that passed This Act strikes the right balance, by pro- The bill contains specific rules of construc- years before, but the Federal Con- moting the much-needed role of federally tion preserving the roles of the states and trolled Substances Act is what I am federal government in regulating the prac- regulated drugs for pain relief while re- amending and clarifying that legiti- affirming that they should not be abused to tice of medicine. Furthermore the Attorney assist patients’ suicides. A better under- General is explicitly prohibited from cre- mate medical purposes includes pain standing of the difference between trying to ating new federal standards for pain manage- management. kill pain and trying to kill patients will be of ment or palliative care; existing and devel- What is wrong with that? It also says great help to law enforcement authorities, to oping standards in the private sector and re- assisted suicide is not a legitimate physicians, and especially to patients them- search community will continue to be the medical purpose. Think of that. We selves. gold standard. have had a Federal statute on the I especially applaud the sponsors for in- PROHIBITS FEDERAL GUIDELINES OR STANDARDS books since 1970 to control very strong cluding in this legislation a new grant pro- OF CARE drugs because we know they are dead- gram to promote improved knowledge and The PRPA does not give the DEA new pow- ly, we know they are hazardous. So the practice in the field of palliative care. When ers to regulate physicians or to evaluate Federal Government passed a law regu- medical professionals truly learn how to ease whether a prescribing decision is ‘‘legiti- their patients’ suffering and address their mate.’’ The DEA is already authorized to lating these drugs. real problems during the dying process, as- evaluate whether a physician’s prescribing The State of Oregon said: Let’s legal- sisted suicide and euthanasia become irrele- decision is for a ‘‘legitimate medical pur- ize assisted suicide, and we will pretend vant issues. All our patients deserve skilled pose.’’ This amendment also negates the pos- that is a legitimate medical purpose. care of this kind, especially when they are sibility that law enforcement might create The Drug Enforcement Administration weakest and most vulnerable. I hope Con- its own standards on pain care and clarifies said: No, it is not. The Attorney Gen- gress will approve this bill without delay. that the training and education programs eral wrote a letter that it is in 49 would not interfere with the traditional role States, but it is not in Oregon because AMERICAN MEDICAL ASSOCIATION, of the state in regulating the practice of we did not prohibit assisted suicide. Washington, DC, September 7, 2000. medicine. The Controlled Substances Act says STATEMENT OF THE AMERICAN MEDICAL ASSO- THE PRPA WILL CONTINUE TO FOSTER these drugs can be used for legitimate CIATION IN SUPPORT OF THE PAIN RELIEF PROFESSIONALLY DEVELOPED STANDARDS medical purposes. It did not say any- PROMOTION ACT (PRPA) This bill will improve pain management The American Medical Association (AMA) and palliative care for patients by encour- thing about assisted suicide. So the At- supports H.R. 2260, the ‘‘Pain Relief Pro- aging and supporting the vital research nec- torney General comes up with this motion Act’’ (PRPA), as reported from the essary for advancing the science and art of weird analysis: Maybe it’s not prohib- Senate Judiciary Committee, offered by pain management and palliative care. While ited. The Drug Enforcement Adminis- Chairman Orrin Hatch. The new bill rep- it authorizes grants and educational activ- tration before her said: No, assisted resents significant improvements in address- ity, the Agency for Health Research and suicide is not a legitimate medical pur- ing the continuing concerns of the physician Quality is also prohibited from creating its pose. The Drug Enforcement Adminis- community regarding the proper roles of the own standards for pain management or pal- tration is right, and they have been the state and federal governments in regulating liative care. the practice of medicine. ones enforcing this law for the last 30 EXPANDS SCOPE OF BILL TO COVER PAIN years. The AMA is squarely opposed to physician- MANAGEMENT, AS WELL AS PALLIATIVE CARE assisted suicide and believes it is antithet- Oregon should live under the law just H.R. 2260 expands the scope of the bill to ical to the role of physician as healer. The like every other State in the Nation. In include all pain management, rather than an AMA strongly advocated against the Oregon exclusive focus on end-of-life pain. 49 States, you cannot use these drugs public initiative that has legalized physi- Again, the AMA supports the language right now—you cannot use them in Ar- cian-assisted suicide in that State. In contained in the bill reported from the Judi- kansas or in any other State in the Na- crafting an appropriate legislative response, ciary Committee which includes essential tion because they are Federal con- physicians have been deeply concerned that clarifications of the original bill, specifically legislation must recognize that aggressive trolled substances and they can only be expressing the sponsors’ intention to honor treatment of pain carries with it the poten- used for legitimate medical purposes. the existing authority of the states to regu- tial for increased risk of death, the so-called You cannot use the drugs in assisted late legitimate medical practice, while exer- ‘‘double effect.’’ The threat of criminal in- suicide except in Oregon because the cising the concurrent federal authority to vestigation and prosecution for fully legiti- regulate the prescribing and administration Attorney General says maybe it is OK. mate medical decisions is unacceptable to of controlled substances. The language of The law says you can use them to al- the AMA. H.R. 2260 has been carefully crafted to reflect leviate pain but not assisted suicide. As reported from the Senate Judiciary this proper balance. We urge the full Senate We put that in the bill. I mention that Committee, the legislation would recognize to pass the ‘‘Pain Relief Promotion Act,’’ as the ‘‘double effect’’ as a potential con- to my friend from Nevada and my soon as possible. sequence of the legitimate and necessary use friend from Oregon. It is awfully im- of controlled substances in pain manage- Mr. NICKLES. Mr. President, my col- portant that people understand the ment, and explicitly include this as a ‘‘safe league was reading a few letters. Inci- substance of this legislation, and this

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.010 pfrm01 PsN: S27PT1 S11216 CONGRESSIONAL RECORD — SENATE October 27, 2000 legislation would not have a chilling the election. There is a lot of work whatever CR timeframe we have been impact. We would not have all these or- that remains prior to the time we allotted. I think that is the President’s ganizations from the American Medical leave. It seems to me we ought to be concern, that if we were to go to Mon- Association to the American Hospice maximizing each day. That is why the day or Tuesday, most likely we prob- Association supporting this bill. President has insisted on 24-hour con- ably would not revisit these questions I urge my colleagues to review the tinuing resolutions. until Monday or Tuesday. But we can letters Senator WYDEN and I have pro- I have just had a conversation with certainly discuss the matter at greater vided to further complement their the majority leader and noted my in- length and attempt to see what oppor- knowledge on this issue. I urge them to terest in our effort to try to resolve tunities for real progress we are going review the materials we are printing in these matters today so we can move on to be making. the RECORD, and I urge them to support to other outstanding issues. We talked We are now 28 days into the new fis- this bill. earlier about the importance of trying cal year, and we still have a lot of I am proud of the fact that 40-some to bring some resolution to both bills. work, especially on appropriations colleagues, maybe 38 now—maybe a The Commerce-State-Justice bill bills, that remains to be done. So it couple names were removed—support could be resolved, certainly, by Mon- would be my hope that we could maxi- this bill; Democrats and Republicans day. If we can vote on it, and move it mize every day. support this bill, including Senator along, I think that behooves us and And he is right; it is very rare that LIEBERMAN, who testified with me on a certainly accords us more of an oppor- we have met on Saturdays—or Sun- couple of occasions on this bill. I look tunity to ensure that we can resolve days, for that matter. It would not be forward to its adoption and enactment these matters at a time that would our intention to make a regular prac- this year. allow us to bring closure to this whole tice of it, but these are extraordinary Mr. President, I reserve the remain- session of Congress. circumstances, without a doubt. I der of my time. Mr. NICKLES. Will the Senator think each day should be used, with Mr. REID addressed the Chair. yield? the maximum opportunity that each The PRESIDING OFFICER. The Sen- Mr. DASCHLE. I am happy to yield. day affords us, to try to resolve these ator from Nevada. Mr. NICKLES. One, I thank my col- issues and get our work done. I don’t Mr. REID. Mr. President, if I could league from South Dakota, the minor- like staying. I had plans this weekend say to my Democratic colleagues, we ity leader, for his statement. I think myself. I was going to go home to have a number of people who have indi- that would be a great idea. We need to South Dakota. It does not appear that cated a desire to speak on this issue pass these conference reports, and send is going to be possible. But I would say, prior to 3:15. And we appreciate the ef- them to the President. Somebody said, certainly, if we are here we ought to be fort made by the Senator from Oregon. there is a veto threat on one or two of maximizing the use of our time. I think We have Senator LINCOLN, to whom we them, and on Commerce-State-Justice. that is what the President intends. are going to yield 5 minutes; Senator I think there is some work going on Certainly, we ought to attempt to do BAYH, to whom we are going to yield 5 right now, and some things could hap- as well with each day that remains. minutes; Senator TORRICELLI, 10 min- pen that would make it possible for I would also say that we ought to go utes; and Senator DORGAN, 10 minutes; that bill to be signed. into this with an attitude that we are Senator BAUCUS, 10 minutes; Senator I do not know if the President has going to complete our work success- CONRAD, 12 minutes. threatened to veto the tax bill. Regard- fully. There is no reason why we can- Each minute they are not here means less, we need to get these completed. It not finish C-J-S. There isn’t any reason their portion of the share of time will would be great if we could get them we cannot finish Labor-HHS. There be lessened because we are next in line completed today or on Monday or isn’t any reason we can’t come to an to speak, and there is no one on the Re- Tuesday, but if we could do it today, I agreement on the remaining out- publican side to speak. The time I have think it would be in the interest of all standing issues. allocated here will use up basically all of our colleagues. Certainly, I know There is very little disagreement of our time. There will, of course, be Senator STEVENS doesn’t think it about the need to address each of these time after the 3:15 vote where people would be humanly possible to get the issues. We know we have to address can come and speak on any issue they Labor-HHS bill out before Tuesday, but education in the appropriations bill. desire. But I have announced to the if we could clear everything else but We know we have to address the Bal- Senate those who have requested time. for the Labor-HHS bill, that would sim- anced Budget Reform Act and the ex- Unless there is some other arrange- plify all of our work. I think it would traordinary problems that our health ment made, those who desire to speak be a real positive thing for our col- facilities are facing. We know we have prior to 3:15 will not be able to do so leagues. So I would be happy to work to face and address the issues having to until after 3:15. with my friend and colleague to try to do with Commerce-State-Justice and Mr. President, I suggest the absence make that happen. especially immigration. of a quorum and request that time be Senator STEVENS suggested, knowing So there are a lot of issues that de- allocated between both sides evenly. that Labor-HHS could not be com- mand we stay and resolve them. I The PRESIDING OFFICER. Without pleted until Tuesday for a vote, extend- think we ought to use the weekend to objection, it is so ordered. The clerk ing the time for the continuing resolu- keep negotiating, to try to find a way will call the roll. tion until Tuesday so we do not require to resolve these matters, before we get The legislative clerk proceeded to everyone to be here. A lot of us will be well into next week. Basically, I think call the roll. here Saturday and Sunday and Mon- the bottom line for many of us is, if we Mr. DASCHLE. Mr. President, I ask day. But to be, one, respectful of reli- can make these bills more fair, if we unanimous consent that the order for gious holidays on Saturday and Sun- can address fairness with regard to im- the quorum call be rescinded. day, and to accommodate people’s migration, if we can address fairness The PRESIDING OFFICER. Without schedules, is there support on both with regard to the BBA bill and the tax objection, it is so ordered. sides to amending the continuing reso- bill, if we can address fairness with re- Mr. DASCHLE. Mr. President, I hope lution—and saving taxpayers some gard to education and school construc- my colleagues will come to the floor money so we do not have to go through tion—if we can do all that in a fair and and express themselves about this leg- performance sessions—to amend the meaningful way, we can resolve these islation. I know a number of our col- CR to make it go through Tuesday? matters and be done by the middle of leagues have indicated an interest in Mr. DASCHLE. I will respond, if I next week. being heard. could reclaim my time, and say that I There is no reason why we should I note that it is my hope we can still know the President has expressed con- not. It seems to me we waste opportu- get votes on both the tax bill as well as cern on several occasions about the nities by allowing Senators to leave the Commerce-State-Justice bill today. tendency for those of us who serve in town and expect somehow they will We need to move this process along. We the Congress to leave and then not to come back. But I am certainly more are now less than 2 weeks away from come back until close to the end of than willing to talk about it and see if

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.046 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11217 we can make the most of what days re- ate come back in and vote on Saturday backlog in school construction alone. main. and Sunday. We need to have the nego- What we have said is, let’s require the Mr. REID. Will the leader yield? tiators stay here Saturday and Sunday States and the school districts to come Mr. DASCHLE. I am happy to yield and complete the work. up with at least $100 billion of that re- to the Senator from Nevada. Mr. DASCHLE. Mr. President, if I sponsibility, but why not do for schools Mr. REID. I say to my friend, no one could just respond, I will probably have what we do for courthouses and air- in the Congress has worked harder to agree to disagree. I suppose you ports and highways. Let us help school than you have. So I know you, as much could argue that we have spent a lot districts. Let us help States provide as anyone, would like to have this ses- more money over the last 27 days than the funding mechanism that will allow sion end. But I do say, in response to most of us realized in keeping the Sen- them to refurbish and rebuild and con- my friend from Oklahoma about work- ate in session as long as we have. We struct new schools. ing the weekend—now, I am not an ex- have been in, in large measure, because That is part of the debate. That is pert in religion; we have a Chaplain we haven’t been able to complete our part of this fairness question that is at and others to take care of our profes- work. One could argue if we would have the heart of the debate regarding the sional aspects of religion—but I do used the days we had available to us tax bill. Is it fair? That is the question. know that even in biblical times, when more effectively, we wouldn’t be here Is it fair to provide three times more in the ox was in the mire on the Sabbath, today. business lunch deductions than it is you had to help get that animal out of As to the President’s insistence on school construction? That is what this the mud. I think that is what we are in trying to find compromise, I guess this bill does. Three times more goes to now. isn’t a matter of whether the President business lunch deductions than we are It may be necessary that we work on gets all he wants. This is a President prepared to commit to school construc- Sunday; We have so many things left who has said on numerous occasions we tion. I don’t think that is fair. to do. I agree with the minority leader. are making progress in coming to- We can argue a lot about whether it These breaks don’t have us doing the gether. Let us keep at it. Let us try to is fair to give more to the top 5 percent work that we need to do. We need our find a way to resolve these issues. I am of all taxpayers than we do the bottom attention focused on completing Com- not asking for everything I want, but I 80. One can argue that is a legitimate merce-State-Justice, doing this tax don’t expect the Republican leadership thing to do in public policy. But is it bill, and doing whatever needs to be to get everything they want. fair? I don’t think anybody could argue done on bankruptcy, if, in fact, any- The essence of good compromise is it is fair to give the top 5 percent more thing is going to be done. There are a give on both sides. We haven’t seen in tax benefits in this bill than the bot- number of items we have to do. The that. That is the essence of the concern tom 80, but we are doing that. Again, it minute we say we are not going to do we have on this side, the lack of fair- is a question of fairness. anything until Tuesday, Washington is ness, not only with regard to any real The question is, too, Is it fair to have vacated and nothing is done. void in bipartisanship in putting the two pots of money—one for hospitals, Mr. NICKLES. Will the minority tax and BBA bill together, but the con- one for clinics, one for hospice, one for leader yield? sequences of having done so without all the medical and health facilities all Mr. DASCHLE. I am happy to yield constructive engagement, con- over this country—and say: We have a to the Senator from Oklahoma. sequences that led somebody inadvert- limited amount of money to spend, and Mr. NICKLES. Mr. President, I com- ently, I assume, to leave out the min- we are going to split that amount into pliment both my colleagues and say imum wage entirely, to nullify the two pots. We are going to give a third that everybody who has an ox in the minimum wage for 6 months. That is of all the money to HMOs at the ex- mire, who is working on the appropria- what happens if this bill passes. It is pense of all these health facilities. tions bills, on BBA adjustments, or on going to be nullified for 6 months. I The HMOs are leaving States by the the tax bill, ought to stay here until know that that was not intended, but dozens. We are going to pay ransom to we have those bills totally complete— that is what happens. those HMOs to try to keep them in the that includes Saturday, Sunday, and To reference bills as are referenced in States when they have already publicly Monday—and have our colleagues come this two-page conference report with announced they are leaving. The ques- in and vote on Monday or on Tuesday. no real ability to read it thoughtfully, tion is, Is it fair to say, no, hospital ad- I just don’t think it behooves us to to carefully look through it, ought to ministrator, no, clinic administrator, have the entire Senate in on Saturday give everybody pause. no, hospice director, you can’t have the and Sunday. I will be here. I might be I know one of the points raised by money we are going to give to HMOs, watching the football game on Satur- our colleague from Alaska regarding even though you may go bankrupt, day. But for those people who are di- the appropriations bill is that he needs even though you may close your doors? rectly involved in the negotiations, up to 20 hours to read, whenever it is That is not fair. And it is a question they need to be here, period. We need agreed to, the Labor-HHS bill, the last of fairness. It is a question of prior- to get these wrapped up. appropriations bill to be addressed. ities. It is a question of how we do busi- I also heard my friend from South That Labor and Education bill, if it is ness around here and the fairness of ex- Dakota address several issues that re- read by the Senator from Alaska, will cluding half the Senate as these deci- main and if we give him everything he at least assure that one Senator in this sions are being made. wants, we can go home. That is not body has had a chance to read it from It is really a question of good man- going to happen. But we might as well front to back. agement as well, when you leave out find out that is not going to happen on Nobody had that opportunity with the minimum wage law, when you nul- Friday or Monday or Tuesday as have this bill. There was no 20-hour read of lify that law for 6 months inadvert- it continue. I look forward to working this bill, in part because there was no ently. I think the speaker had it right. with both my friends from Nevada and bill. This is a reference to five bills. I won’t use the phrase he used. He said South Dakota on the remaining bills. There was no careful consideration of ‘‘half,’’ I will say ‘‘baked.’’ He said, We have about four bills left—five, if what went into this legislation. No- when you don’t use the committee you count bankruptcy and split the ap- body knows. We are shooting entirely process, you have a half-baked process. propriations. We need to finish them in the dark. We have no appreciation of Well, he was right because it is half one way or the other. We need to vote what is in this bill. What we do know is baked. This work product doesn’t de- on them and dispose of them. I will that some things were inadvertently serve support. Because it doesn’t de- work with my colleagues. left out. What we do know is that when serve support, it will be vetoed. And I would appreciate serious consider- it comes to school construction, we fall when it is vetoed, I hope we can come ation to assist our colleagues to extend $10 billion short of what ought to be a back and do it right. the CR. You mentioned the President minimum in the commitment we make I hope we can say that in the name of stated he always wanted a 1-day CR. to school construction this year. fairness we are going to provide more All that is going to do is cost the tax- This country has a deficit in infra- help to health facilities, in the name of payers money to have the entire Sen- structure of $127 billion, a $127 billion fairness we are going to provide better

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.062 pfrm01 PsN: S27PT1 S11218 CONGRESSIONAL RECORD — SENATE October 27, 2000 balance in the Tax Code, in the name of $25 billion in Community Revitaliza- This legislation modernizes our pen- fairness we are going to do better on tion provisions. sion laws to meet the work patterns of school construction, in the name of The package also includes a repeal of today’s more mobile workers. Defined fairness we are going to allow every- the telephone tax which will save con- contribution plan are made portable so body in the room as we make these sumers $55 billion over ten years. workers can move their retirement very critical decisions. Fairness dic- I am very pleased that this bill in- nest egg from one type of pension plan tates at least that. That is the essence cludes an IRA Pension Security pack- to another as they move from job to of this argument. That is why it is im- age. At a time of unprecedented pros- job. portant. It is what we should do. It also perity, it is a startling to realize that This bill allows workers to become goes to the whole question of other most Americans have only saved about vested in their pension plans more things we should do. We talked about it 40 percent of what they will need for quickly. The vesting period is the earlier today. retirement. amount of time a worker must stay at There is so much in unfinished busi- Another frightening fact: Americans, a job in order to take his employee and ness that we could have addressed—un- in the aggregate, borrow more than employer contributions with him when finished business relating to the Pa- they save. he changes jobs. Instead of the current tients’ Bill of Rights, prescription The pathetic truth about our tax law vesting period of 5 years, this bill drugs, gun safety. None of those issues code: Our federal income tax code is would shorten the period to 3 years. was addressed. That leads, of course, to down right hostile to savings and in- This means that if a worker changes the question of how long, if we don’t vestment. Therapeutically, the bill be- jobs after three years he can take his address these and all the issues relat- fore us today is a step toward elimi- entire pension benefit contributions ing to fiscal responsibility, can we as- nating some of that hostility. with him and roll it into the pension sure that this prosperity continues? Fact: The baby boom generation is plan at his new job. There are two very fundamental dif- aging. Americans are living longer, and Small business tax relief is also pro- ferences in philosophy and approach yet, there has been no growth in pen- vided in this bill and it is coupled with enunciated in large measure by our two sion coverage for the past 2 decades. an increase in the minimum wage. This Presidential candidates. Governor Bush Half of the American work force package is similar to an amendment I has articulated a particular position today—70 million Americans—do not offered to the bankruptcy bill last that, as it bears scrutiny, begs the have a 401 (k) or any kind of pension year. It is a sound and balanced pack- question: How soon will we be right plan. The problem is much worse for age. back to where we were 10 or 15 years people who are small business persons. Nationwide, 1.6 million workers are ago? Only 19 percent of small businesses paid the minimum wage. In my own The American Society of Actuaries with 25 or fewer employees have any state of New Mexico, roughly 5 percent answered that question yesterday. kind of pension. of all workers (or 40,000 citizens) are They said—not a Democrat or anybody To address this dire situation Chair- paid at or below the minimum wage. I here in the Congress, but they said— man ROTH and the joint leadership think we should give these workers a having scrutinized the Bush proposal, have developed a package of IRA and raise. However, it is important that we we would be back into deficits similar pension simplification provisions that do so in a way that generates the least to what we experienced in the 1980s by are excellent tax and pension policy. amount of hardship on small business. the year 2015 and that we would end the The bill includes $46 billion in tax That is why I’m pleased that this bill fiscal progress we have made for the benefits for IRAs to make more people will increase the minimum wage by last 3 years. It would be gone. If you eligible and so that they can save more $1.00 per hour over the next two years, pass the Bush tax plan, pass the Bush in their IRAs. bringing it to $6.15 by 2002 and includes Social Security plan, you are right The bill increases the IRA contribu- a package of small business tax cuts back smack in the middle of deficits as tion limit from $2,000 to $5,000. Con- that will help small businesses create we were before. That is one approach. tribution levels were set 20 years ago more and better paying jobs. Again, as I say, that is not our anal- and they need to be updated. I would submit that a key reason for ysis; that is not our report. That report This bill will increase the current modestly raising the minimum wage is is by the American Society of Actu- law IRA contribution limitations to to ensure the continued success of the aries. $5,000 over three years in $1,000 incre- historic welfare reform legislation Mr. President, I see that other col- ments; passed by Congress in 1996. I would note leagues are on the floor. I want to re- Increases the income limits for con- that nationally since the March of 1994 spect their right to be heard as well. tributions to Roth IRAs for joint filers record high welfare caseload of almost I yield the floor. to twice the limit for single filers. 5.1 million families the 1996 welfare re- The PRESIDING OFFICER. The Sen- It increases the income limits for form legislation has reduced the num- ator from Missouri is recognized. those eligible to make a rollover from ber of families receiving assistance by Mr. BOND. Mr. President, I will yield a traditional IRA to a ROTH IRA to 48 percent to about 2.7 million. 20 minutes to the Senator from New $200,000. However, as we ask more and more Mexico, Mr. DOMENICI. This bill strengthens our pension sys- people to get off welfare rolls and onto The PRESIDING OFFICER. The Sen- tem. And its expands opportunities for employment rolls, we must have a min- ator from New Mexico is recognized for Americans to get pension coverage es- imum wage that reflects the reality of 20 minutes. pecially women. As we know, women the marketplace. My point is simple, if Mr. DOMENICI. Mr. President, this live longer than men but only 32 per- these individuals are to continue as bill, H. R. 2614 contains three impor- cent of women have pensions as com- productive members of the workforce, tant titles: A Medicare and health pared to 55 percent of men. This bill in- we must ensure the minimum wage at package to improve the infrastructure cludes pension catch-up provisions for least keeps pace with inflation. For in- of our health care delivery system; a workers over the age of 50. This is ac- stance, in the New Mexico the average tax relief package and the small busi- complished through an accelerated hourly earnings of an individual work- ness bill. contribution mechanism. Older work- ing in retail has increased by one The tax package is $295 billion over ers, especially women who return to penny over the past year. ten years. It includes: the work force would have the oppor- I would also like to take a minute $35 billion in small business tax re- tunity to build up their retirement and briefly discuss the impact of a min- lief; nest egg more quickly. Under this bill imum wage increase on New Mexico. $88 billion in health and long term women who have left the work force, From 1990 to 1996 the median household care tax relief; perhaps to be stay at home mothers, income actually fell almost $5,000 to $46 billion in Pension and IRA tax re- and then reenter the workforce later in about $25,000. Let me repeat that, the lief; life, can increase their pension con- median household income in New Mex- $7 billion in school construction tax tributions to make up for the time ico has actually fallen and not surpris- provisions and when they were not in the workforce. ingly the percentage of New Mexican’s

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.065 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11219 living below the poverty level has in- place. Usually they can only buy an in- business checking accounts. It’s about creased fro 20.9 percent to 25.5 percent. sufficient health insurance policy for a time. Sadly, New Mexico ranks near bot- very high price and they are denied the Business meals are one of the few or- tom nationally in terms of personal in- same incentives and tax treatment en- dinary and necessary business expenses come per capita and median household joyed by incorporated, bigger busi- that are not 100 percent deductible. In income and conversely near the top in nesses. If this legislation becomes law, 1993, the Democrats lowered the busi- terms of people living below the pov- the self-employed will be able to take ness and meal deduction from 80 per- erty level. I do not believe for one 100 percent deduction for their health cent deductible to 50 percent deduct- minute the minimum wage increase insurance costs on their 2001 taxes. I ible. This bill would reverse that trend. will solve all the ills facing New Mex- am pleased that Congress is taking this Restoring the deduction to 70 percent ico, but I do believe it is a good first step to address the health insurance will help waiters, waitresses, busboys, start. deductibility gap and to make it per- bartenders, bell hops, reservation Let me briefly describe the small manent. clerks. business provisions included in the bill. Total deductibility has been a top When the Democrats went after the Above the line deduction for health priority of the various state small busi- deduction they said they were tar- insurance expenses for families without ness throughout the country. In addi- geting the three-martini lunch. But ex- employer-provided coverage: Under tion to tax policy fairness and job cre- perience has shown us that there have current law corporations are allowed to ation, restoring the deduction for the been many unintended consequences— write off 100 percent of their health in- self-employed is important because the consequences that we predicted. They surance costs, but workers without an self-employed are one of the largest meant to stop the three martini lunch, employer-subsidized plan get no deduc- groups of uninsured citizens in Amer- but it was the business traveler who tion unless they itemize and have total ica. eats his own meals, whether eaten in a medical costs exceeding 7.5 percent of In New Mexico, there are 75,000 self- hotel, coffee shop, or restaurant, or their adjusted gross income. employed individuals about one-third grabbed from a food cart that got the Most middle class American’s don’t of them take advantage of the deduc- ax. Most of the people purchasing busi- itemize, and of those who do, few can tion. This number does not include ness meals are self-employed and in meet the 7.5 percent AGI test to get farmers and ranchers who are an other total, 70 percent of those who purchase any tax relief for health insurance group that will benefit from the tax business meals have incomes below costs. This bill provides an above-the- law change we are making today. $50,000 and 39 percent had incomes line deduction (available whether you The self-employed do not have high below $35,000. The last major section of this tax itemized or not) for health insurance level incomes. Over 75 percent of the package that I would like to talk about costs for individuals whose employers self-employed have incomes of less is the community renewal provisions. do not pay for more than 50 percent of than $25,000 and an additional 13 per- The bill would designate 40 renewal the costs of coverage. cent have incomes between $25,000 and communities, 12 of which are in rural Under the bill, workers may deduct $50,000. Twenty-three percent of self- areas. They would receive the a 15 per- 25 percent of costs in 2001–2003; 35 per- employed do not have health insur- cent wage credit on the first $10,000 of cent in 2004 ; 65 percent in 2005 and 100 ance. wages paid per worker, an additional percent thereafter. We have as good an economy as we’re $35,000 of expensing; deduction for revi- One hundred percent Self-Employed ever going to have . . . but the number talization expenditures capped at $12 Health Insurance Deduction will help of uninsured has increased,’’ said Chip million per community and a zero per- 11 million people who are self em- Kahn, president of the Health Insur- cent capital gains rate on qualifying ployed. ance Association of America. ‘‘The assets held for more than five years. If a person is doing business as a cor- problem has gotten worse in good The bill increases the low income poration, health insurance is 100 per- times, which means people are very housing tax credit and increases the cent deductible. This means that the nervous about what would happen in an volume cap for private activity bonds corporation can provide health care in- economic downturn.’’ that are very useful in attracting busi- This conference report increases the surance with pre-tax dollars and that ness. makes it much less expensive to pro- amount that can be expensed from Mr. President, I am extremely vide benefit to employees. $20,000 to $35,000. Under currrent law, pleased this package also contains a This is the way it has been for a long, the amount that may be deducted is helping hand for our seniors. Today we long time. However, in 1995, if someone $20,000 to 2000; $24,000 in 2001 and 2002; are providing renewed assurances to were self-employed he or she would not and $25,000 in 2003 and thereafter. This our seniors that Congress is committed be allowed to deduct health insurance change means an additional $15,000 tax to not only the continued health of the costs because the law lapsed. For sev- savings for small businesses investing Medicare program but, to improving eral years now, Congress has been try- in new equipment next year. Small the program. ing to increase the deduction for the business people will be able create The ‘‘Medicare, Medicaid and SCHIP self employed. more jobs because they will be able to Benefits Improvements and Protection Under the tax law currently in effect expense up to $35,000 of investment in Act of 2000’’ is a victory for our seniors 60 percent of their health insurance any one year. This will lower the cost and I commend my colleagues and es- costs is deductible for the self-em- of capital, and help with cash flow. I pecially Leader LOTT and Chairman ployed. There is no tax policy justifica- expect that the most likely expendi- ROTH for all of their work on this tion for treating corporations one way ture to be expensed is computer sys- measure. The package before us ad- and the self-employed another. tems. Computers are contributing sig- dresses the critical needs of the The majority of all businesses in this nificantly to the productivity of the Medicare+Choice program, skilled country are self-employed. American work force. nursing facilities, home health care, These are often firms with very little The work opportunity credit, WOTC, hospitals, rural health care providers, cash, a good idea and talent struggling provides a tax credit for wages paid to and the Medicaid program. to make a success. Once they do suc- employees hired from one or more of I am especially pleased the package ceed, they are the ones that create eight targeted groups, i.e. individuals contains the ‘‘Medicare Geographic nearly two out of every three net new receiving federal assistance. The credit Fair Payment Act of 2000’’ that will jobs. These small firms have sustained is designed to encourage the hiring of create a far more equitable reimburse- this job creating record for more than hard-to-place workers. The work oppor- ment system for the Medicare+Choice twenty years. Clearly, the tax code tunity tax credit replaced the targeted program. The provision will place should not treat them so shabbily. jobs tax credit which I helped author in states on more equal footing and begin The need for the deduction is indis- the 1970’s. The bill extends the WOTC to end the blatant discrimination putable. Unincorporated business own- through June 30, 2004. against states, like New Mexico that ers experience the worst of all possible The bill also includes a provision deliver health care in an efficient man- worlds in the health insurance market- that allows banks to pay interest on ner. It means New Mexico seniors will

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.066 pfrm01 PsN: S27PT1 S11220 CONGRESSIONAL RECORD — SENATE October 27, 2000 continue to have the option of sticking And it is not only seniors in New and minority leader with reference to with their Medicare-HMO plans that Mexico that will benefit, but seniors this bill. I think he made a few allu- often offer more options, like prescrip- from all over the country. Let me sions to what soon-to-be-President tion drugs, than the basic Medicare name just a few of the places that will Bush would do. First, I want to say program. get sizeable increases in their payment about this tax bill, for those who think Specifically, the package will in- rates: Portland, Oregon; Seattle, Wash- we don’t know what is in this bill, let crease the Medicare+Choice minimum ington; Fresno, California; Albany, me suggest that almost all of it has payment floor to $525 a month per ben- New York; York, Pennsylvania; Grand passed either body, either the Senate eficiary in 2001 for all Metropolitan Rapids, Michigan; Fayetteville, Arkan- or the House—every provision. Statistical Areas, MSA’s, with popu- sas; Buffalo, New York, and many All of the small business provisions, lations exceeding 250,000. In New Mex- more. which are wonderful for many people ico, the stakes are particularly high I would simply ask the Clinton-Gore who work for small businesses, passed because without this provision 15,000 Administration, which of these cities the Senate. How do I know that? It was seniors will lose their Medicare+Choice do they not want to help? my amendment. It was a minimum coverage on January 1, 2001. I also want to state how pleased I am wage amendment that had on it all the Under the provision health care pro- that we are once again addressing the small business tax measures, one of viders in the Albuquerque MSA are need of Skilled Nursing Facilities, which is earth-shaking but so simple currently reimbursed at $430 per bene- SNFs. Our action today will assure our that I don’t know how anybody could ficiary and they will now see an in- senior citizens maintain continued ac- be against it. Those who vote against crease of $95 to create partial equity cess to quality nursing home care this bill are saying to those people who with other areas of the country. The through the Medicare program. I be- are employees and do not get their result will be at least an additional $34 lieve the provisions supporting SNFs health insurance paid by their em- million for New Mexico in FY2001, and are particularly important because na- ployer, if they have the wherewithal to at least $170 million over the next five tionally, almost eleven percent of nurs- buy their own insurance, they can de- years. Also, the package will increase ing facilities in the United States are duct the cost of that insurance. Now the payment floor for Rural Areas from in bankruptcy and in New Mexico the most people listening would say they the current $415 to $475 in 2001. number is nothing short of alarming, thought that was the law all along; However, the victory for seniors in nearly fifty percent of the nursing fa- why would you deny that? New Mexico and across the country cilities are in bankruptcy. Businesses deduct the costs of health may be very short lived because the I believe these provisions are espe- insurance, but individuals who buy President believes the legislation cially important for rural states like their own, who are employees and are not covered—which, I believe, is mil- spends too much money on the New Mexico, because many of our com- lions of Americans—will begin deduct- Medicare+Choice program. I am ut- munities are served by a single facility ing the cost of their health insurance, terly shocked and dismayed over the that is the only provider for many just as businesses do, on their own in- President’s threat to veto this pack- miles. If such a facility were to close, dividual returns. Right now, they are age. I would simply ask the President patients in that home would be forced precluded, unless they take it as the not to treat this hard-won compromise to move to facilities much farther away from their families. Moreover, big deduction, and then 7 percent of the agreement as a political football. Too nursing homes in smaller, rural com- money they earn has to be for health many lives will be affected on whether munities often operate on a razor thin expenses. this increased funding is made avail- bottom line and for them, the reduc- Let me suggest that the minimum able to ensure continued access to tions in Medicare reimbursements have wage is raised in two pieces. It goes up Medicare-HMO benefits, nursing home been especially devastating. one full dollar. That is what the Presi- care or health insurance for children. Additionally, not only does the pack- dent wanted. It is in this bill. To sug- The Clinton-Gore Administration is age stabilize the Medicare program gest that we would vote against this actually threatening to veto a bill that but, our seniors will be provided with bill because there is an error in the bill would increase spending on Medicare new and improved benefits. In addition regarding the effectiveness of the min- and help millions of seniors across this to lowering out-of-pocket outpatient imum wage is a phony argument. That country. I find it very hard to believe hospital costs, the plan also offers new will be fixed probably before we leave. that the President would want to veto coverage for biannual pap smear That will probably be fixed in one of a bill which: increases payment for screenings and pelvic exams, medical the appropriations bills. I could go on. hospitals, including teaching hospitals nutrition therapy for patients with dia- Let me ask one question: What does and rural hospitals; increases pay- betes and renal disease, and screenings the tax law of this land need more than ments for home health agencies; and for colon cancer and glaucoma. anything else? It needs provisions that increases payments for hospices and I am also pleased the package ad- tell Americans: You can save more other health care providers. dresses a critical funding problem with money for your retirement than you do I would submit that spending money the State Children’s Health Insurance today. This is probably the most sig- to end discriminatory practices should Program, SCHIP, faced by forty states, nificant package ever passed to en- never result in veto threats. There is including New Mexico. The Medicare- hance the savings of American people simply no rationale for a discrepancy Medicaid package will allow New Mex- because the IRAs go up, and many of an $814 reimbursement for Staten Is- ico and other states to retain a major- other things they will be using and are land and $430 for Albuquerque. It is es- ity of their unspent FY 1998 and 1999 using will be enhanced dramatically. pecially unfair given the fact that sen- SCHIP allotments until 2002 and use a The Democrats were up here arguing iors pay the same Medicare premium percentage of those funds to continue about retirement reform, in terms of no matter where they live. outreach and enrollment activities. having the ability to accumulate more I am also sure Benny Maestas of New Mexico’s situation arose because savings for retirement time. They talk Santa Fe would disagree with the the Heath Care Financing Administra- about it. This bill does it. It does it in President’s belief the package spends tion strictly implemented the SCHIP a very good way. Frankly, there are too much on the Medicare+Choice program and refused repeated requests some things in this bill I would not package. I say this because the Santa by the state to implement additional favor. It is a very large bill. This Sen- Fe New Mexican newspaper ran a story benefits. As a result, New Mexico has ator remembers when we voted on a about one of these seniors—Benny only been able to use about $3 million tax bill that was brought to the Senate Maestas. Unfortunately, Benny will of its SCHIP allocation. However, the in a big cardboard box. That is not a lose his prescription drug coverage provision in this package will allow the good way to do it. It happened to be a next year and be forced to pay several state to keep about 60 percent of the pretty good bill. But it was brought hundred dollars a month for his medi- $58 million it stood to lose this year over here by the Clerk of the House in cations, instead of the $50 per month he under the SCHIP program. a big cardboard box; it was so big. It currently pays for his prescription cov- Mr. President, I was here for part of passed the Senate overwhelmingly be- erage through Medicare+Choice. the discussion by the majority leader cause pieces and parts of it had passed

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.068 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11221 both Houses and, more or less, every- I want to talk about New Mexico. bills completed. And then the White body knew what was in it and thought New Mexico is one of those States House can say: You didn’t do your it was a good bill. that has been discriminated against in work. You didn’t get your work done. One last observation. For those on the Medicare+Choice reimbursement. Let me say we will get our work the other side who are talking about We were receiving such a small amount done. how late we are, I want to remind that the HMOs are saying they cannot Mr. President, you just consider the those who pay attention to us that in exist. And they have already told thou- compromise with us on some of these. the last 25 years, most of which have sands of senior citizens in New Mexico This is a good bill for the American been controlled by that side of the that by January 1 they cancel out. people. I might like to do it differently. aisle, we have completed our appro- That is because we have never had an In fact, if this bill is vetoed next year, priations bills on time only three adequate reimbursement. Why? Be- we will do it a lot differently. But for times. That means every single Con- cause when we passed the law, it gave now, Mr. President, you cannot get ev- gress, in 22 out of 25 years, was unable the States essentially what is was cost- erything you want in this kind of bill. to get its work done by the October 1 ing them. In New Mexico, Minnesota, This one is not our President in the deadline. I don’t know why. I seek to Oregon, Washington, and scores of Senate. This is the President at the change that. I seek to make appropria- other places the cost of health care was other end of Pennsylvania Avenue. tions 2 years and budgets 2 years. That very cheap. So they gave us a very low That President, not our President here. might mean this won’t happen in the rate of reimbursement while other You can’t get everything you want, and future. But even that is hard to get parts of America got very large ones. when you don’t get it, blame the Re- passed. To put it into perspective, in New publicans for ‘‘not completing their So to those who think it is manage- Mexico the HMOs were getting reim- work.’’ ment and it is our Republican leader, bursed at $430 per senior, while in parts I want to repeat one more time that let me say I think he has done an out- of New York they were getting $814. the Republicans have tried to lead this standing job. There has never been a We are asking that this discrimina- Senate and get its work done. For more political time in the closure of a tion stop, and the thousands of people those on the other side of the aisle who Congress in my 28 years here. The in New Mexico who have HMOs that complain about not getting our work White House is playing politics to the perhaps give them prescription drugs done, if you look back at the record, it hilt, the Democrats are playing politics ask that you sign this bill so they can has been the Democrats on that side of to the hilt, and then they blame Re- continue to have that kind of care and the aisle who have been insisting on publicans for not getting it done. that kind of protection. their agenda all year long. They get a I believe the agenda to finish is an If it is vetoed, Mr. President, come vote on guns; they want another one on agenda that the Republican leader has January 1, in my State, everyone who an appropriations bill, or the next bill in mind, and if we just get a little co- is going to be denied their current cov- that comes through. They even held up operation out of the President, we will erage, which they think is very good the education bill because of guns. get our job done. If he sits down there coverage, can look to this White House That is the record. like a dictator instead of under- and this President for saying: I will not The education bill that everyone standing that under the Constitution sign that bill—even though it has touted was held up by the other side of of the United States we have a very many provisions the President likes. the aisle who wanted their agenda of powerful right, and that is the purse But he says the HMOs cost too much. amendments on that bill. strings and the bills under the purse He says the HMOs are big businesses. I think our leader did the right thing. strings of America—he comes at the Let me tell you, in my State, the He wouldn’t let them, after they had end of the session and he wants all three that deliver coverage are known their vote once. kinds of things, such as a major new as Presbyterian hospitals—two are the So what happened? We don’t get the immigration law. I might support it, St. Joseph’s Hospital Plan and the bill. Who is to blame? but it obviously needs hearings and it Lovelace Plan. None of them are profit It appears to me that what we ought ought to be worked on. making, as I understand it. Two are to do right now is sit down together Now we are being told if you don’t do charitable, and one is a foundation of and get this work done. And Democrats that, you can’t get the appropriations sorts. ought to tell the President of the bill to keep the Justice Department So, Mr. President, veto the bill. Say United States, instead of concurring open and the FBI salaries. Maybe we to the seniors in New Mexico who are with him every time and saying they ought to test the President on that currently covered that we don’t know are with him and to go ahead and veto one. Maybe he ought to be permitted to what is going to happen to them on the bill, they ought to say to him: Mr. veto the bill that pays the FBI, and January 1. President, we have done a very good other law enforcement, and the judges There are many other provisions in job in the closing moments to try to because he doesn’t get one thing—just this bill, contrary to what the minor- get our work done, and you ought to one item—on the bill he wants. That ity leader said, on the Medicaid side help us, President Bill Clinton, get our item may be one he is looking at out that are very good for hospitals and work done instead of threatening us. there and saying, let me be political very good for rural hospitals. I am not In fact, I am wondering about this and see if I can help Vice President an expert on it. But this bill provides business over the weekend with 1-day GORE in his campaign. $31 billion in the first 5 years for Medi- extensions of the appropriations proc- I want to also suggest that the Presi- care reimbursement adjustments. ess that has not been completed—1 day dent of the United States is going to be My friend is sitting here. Is it 31 over at a time. It is as if the President vetoing this bill when it goes down to 10 or over 5? doesn’t care anything about our leader- him, in spite of the fact that there are Mr. GRAMM. It is over 5. ship and what we think we ought to do. some real Medicare changes that help Mr. DOMENICI. How can the Presi- We have to come back every day to seniors across this land. I believe we dent of the United States say he is vote on a continuing resolution. have made the case that HMO Plus is a going to veto the bill because of the I have been here a long time—28 good program in States such as New Medicare provisions? years. I have never seen a President do Mexico, Oregon, Washington, Min- Actually, everyone knows that nurs- that. As a matter of fact, I have never nesota, and literally scores of cities ing homes need additional reimburse- seen a President use continuing resolu- across America. Why? Because the sen- ment. That is in this bill. tions to get their way as this President ior citizen is getting more than he gets I could go on with each one of them. has. They just didn’t do it in the past. when he goes to the Federal Govern- I believe what is happening is that It was kind of a sacred thing to sign ment for Medicare. In many cases, they politics is walking up from Pennsyl- appropriations bills and get them done. are getting prescription drugs, which vania Avenue into the Chambers of the This President is on the way out. He we are arguing about giving them, too. House and Senate, and politics from is very desirous of electing Vice Presi- They already get it under HMOs in the White House is saying: You give me dent GORE. And we all understand that. some parts of America. everything I want or you do not get the But everybody knows that the Justice

VerDate 27-OCT-2000 01:48 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.069 pfrm01 PsN: S27PT1 S11222 CONGRESSIONAL RECORD — SENATE October 27, 2000 Department of the United States ought to work with me and I truly appreciate here, Mr. President, as long as it takes, to get its money, the FBI ought to get that. I thank him for his graciousness to do what is right for the American paid, and all of those entities that are in working with me. But in his com- people. part of our criminal justice ought to ments, I would like to say, for me and We deserve to discuss the merits of get paid. They ought not be held up for for others, that this is really more of a the school construction provisions in one provision that is really extraneous missed opportunity. So much has been this bill. I want to do more for school to that bill because this is an appro- talked about in the Presidential de- construction in our country. Our priations bill. There is an authorizing bates about bipartisanship. schools, especially in the South, are bill the President wants on immigra- I think all that many are asking for crumbling around our students. The tion. So the whole bill will die. in this process is an opportunity to do school construction provisions in this If they want to talk about who is to exactly what the people of Arkansas bill don’t go far enough. If Democrats blame, then I submit to Pennsylvania elected me to do. That is to come into were allowed in that debate on this Avenue that it ought to be a two-way this debate with the ideas and the issue, perhaps we could bring these pro- street. It ought not get down to the end issues and concerns of the people of Ar- visions closer to what we really need to where it is a one-way street or one or kansas. It is a missed opportunity for do. two or three provisions that the Presi- Members to be able to express how we What we really do need is something dent insists upon. We are close to com- feel about these issues in this bill. similar to what Senator CHUCK ROBB pleting the people’s business, one or The people of Arkansas sent me to has proposed in his school construction two or three provisions that the Presi- this Senate to represent them and bill. But the fact is we haven’t been at the table. We feel as passionately about dent of the United States insists upon their issues. When the President comes representing the people in our States that we have offered compromises on, from the White House to debate on as our Republican counterparts do. All and he says that or nothing. these issues, I am not in that room nor we have simply been asking is to be at The PRESIDING OFFICER. The Sen- are any of my Democratic colleagues. the table. ator from Nevada. We have missed the opportunity to Mr. REID. Mr. President, on behalf of And I also heard the majority leader very passionately represent the people say that he was willing to work on Sen- the minority, I yield 5 minutes to the who have sent us to this body to speak ator LANDRIEU Senator from North Dakota. The Sen- ’s adoption language. up on their very behalf. Well, was she invited to the table? Did ator from New Mexico used 20 minutes. There are some good pieces in this he ask her what would be acceptable to We will just use 15 minutes now. bill. I am not here to say the other side her? There is no one more dedicated to Mr. BOND. Mr. President, if you are doesn’t know anything or that they this issue than Senator LANDRIEU, and asking, we are happy to yield 5 min- haven’t done anything right. All I am utes. But the minority leader con- she should be involved in this discus- here to say is that the people who sion. When exactly will she be con- sumed a great amount of time. We had elected me to come to this body have people waiting. We would prefer to con- sulted? When they call her name dur- been shortchanged because I have not ing the roll call vote? tinue to go back and forth, if the Sen- been allowed a part of that process. I have been particularly frustrated ator does not mind. Mind you, I know I am on the bottom that the Medicare BBA relief provi- Mr. REID. I think the time the mi- of the totem pole. I am not one of the sions in this bill ignore the real bipar- nority leader used is almost identical higher muckety-mucks. The fact is, so tisan solutions that have been worked to what the chairman of the Budget many of the issues we hear are good for out between me and many of my col- Committee used. certain States; perhaps they are not Mr. BOND. Mr. President, what is the leagues throughout the year. I joined good for our State. When we talk about my Republican colleagues in a press time remaining on both sides? Medicare+Choice in a State such as Ar- The PRESIDING OFFICER. The ma- conference the other day on a crucial kansas that is predominantly rural, bill, the Hospital Preservation Act of jority has 54 minutes. The minority where Medicare Choice has pulled out has 33 minutes. 2000, a bill in the Senate that has the in some instances and left seniors with- support of 59 bipartisan cosponsors but Mr. REID. I hate to admit this, but out coverage, we are going to give one- you are right. We will do that. How it is left out of this package. This bill third of the funds in this bill directly would restore full inflationary updates long is the next speaker going to take? to HMOs without any assurances from Mr. GRAMM. Mr. President, I would in Medicare hospital payments and is those groups that they will even stay be very happy to listen to Senator DOR- supported by hospitals across the coun- in the Medicare program. Nor are there GAN. I will learn something. try. assurances that the HMOs will return Mr. REID. I don’t think that is pos- Another bipartisan bill is also left to counties where they have already sible. But would you think you would out of this package. The Home Health pulled out or will maintain the benefits mind listening to Senator TORRICELLI Payment Fairness Act of 2000, which they promised to seniors. We cannot in also for a total of 10 minutes? has the support of 54 bipartisan cospon- Mr. GRAMM. Why don’t we do Sen- good conscience give this large sum to sors, would eliminate the 15 percent re- ator DORGAN, and I will speak. I think HMOs without providing account- duction in payment rates for home I have 20 minutes reserved. ability. If the other side believes that health services. This provision is very Mr. BOND. Seriously, Mr. President, is the way to go, provide me the assur- important to home health agencies in we are very tight on time and would ances that those HMOs are going to be Arkansas and across the nation. like to be able to continue to go back willing to come back into those areas But the bill we are considering here and forth. Many of our Members are where they have already pulled out. merely delays this devastating cut for waiting. Meanwhile, in most of the other pro- one year. This is not a long-term solu- Mr. REID. It will balance out the visions that are so necessary to other tion. Why spend time on short-term time. I understand. As I said, I hated to providers in our States, the bill re- fixes when we could correct this prob- acknowledge that, but you were right. ceives only 1-year fixes for the funding lem right now? We delayed this cut last Mr. BOND. That is a rare occasion. shortfalls. year for one year, and here we are That should be noted with bugles. This is a missed opportunity. No, it again, in the same boat. Let’s fix this Mr. REID. The minority yields 5 min- is not perfect. But it could be so much now. It makes no sense to keep post- utes to the Senator from Arkansas, better for so many people across this poning these real solutions year after Mrs. LINCOLN. Nation. It is our duty to stay here until year and leave our health care pro- The PRESIDING OFFICER. The Sen- we make it the best it can possibly be. viders without the ability to plan their ator from Arkansas is recognized for 5 I support many of the provisions in budgets for the long-term. minutes. the tax bill brought to the floor. How- The bottom line is, this is a missed Mrs. LINCOLN. Thank you, Mr. ever, there are problems with the bill, opportunity. The bottom line is that President. I thank my colleagues for and being able to provide something we have been spending well over our yielding. that is the best that we can possibly surpluses while we haven’t provided for In listening to the chairman of the provide for all individuals out there is the essentials, predominantly the Budget Committee, he has been willing our responsibility. I am willing to stay downpayment on our debt.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.073 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11223 The PRESIDING OFFICER. The Sen- amnesty to illegal aliens in this Con- insurance, they have to buy their ator from Texas. gress or, hopefully, ever again. We did health insurance with after-tax dollars, Mr. GRAMM. Mr. President, there that once. Everybody said it was a one- they get no deduction. are two issues I wish to talk about and time deal. We were never going to do it In what I think is excellent public they are related to the two bills that again. The problem with doing it was policy in this bill, we make health in- are before the Senate. Let me begin we reward people who violated the law. surance tax deductible for everybody: with the Commerce-Justice-State ap- We reward people who came into the For the self-employed, for the small propriations bill. country illegally. Granting amnesty to business person, and for the person who As my colleagues are aware, we cur- people who broke the law penalizes the is working at $7 an hour and who is not rently have a situation—Senator millions of people who are waiting to provided health insurance where they DOMENICI has been here longer than I come to America legally. What we have work. have—that I don’t ever remember. A proposed, and what is in the bill before You would think that would be pret- President is threatening to veto a bill us, is a provision which I believe is ty unassailable, but it is not unassail- based on an issue other than what is in strongly supported by the vast major- able by Bill Clinton, because this the bill. Obviously, there have been ity of Americans. That provision basi- morning on the radio, Bill Clinton, many vetoes as part of our constitu- cally says if you came to America le- through his spokesman, was saying tional process. But normally when we gally, if you played by the rules, if you that we are giving health benefits to are dealing with an appropriations bill, have been self-supporting while you are rich people by providing deductibility it has to do with funding or not funding here, we will expedite the process to for health insurance. I ask my col- various priorities. allow you to bring your spouse and leagues, do you know any rich people What we have before the Senate is an your dependent children. We are for who do not get health insurance extraordinary circumstance where the family unification. through their jobs? Do you know any President of the United States is lit- The President, by vetoing this bill, rich people who do not get health in- erally threatening to veto this bill, will be denying family unification. surance by being members of corporate saying if we don’t add a totally extra- We also say, where there is a legal boards? neous matter that has nothing what- dispute, a legitimate dispute as to The point is, this is a bill, at least in ever to do with funding the law en- whether people have gotten justice this provision, that is targeted pre- forcement effort in America, then he is through the courts based on recent cisely at moderate-income people who going to veto the bill appropriating court rulings, we give them their day get cheated in the system because their funds for the criminal justice system in court because we believe in due employer cannot afford to buy them and law enforcement in America. process. health insurance and they have to buy What is even a greater paradox, in I do not need to say any more about it with after-tax dollars. That would my opinion—I have to say, in my pe- this issue other than to simply say I seem to me to be an unassailable posi- riod of public life I have never seen hope the President will sign this bill. I tion. But to Bill Clinton, it is helping anything like it—the President is say- know he probably believes he is going rich people and he is not for it. ing, if we don’t grant amnesty to peo- to force us to grant amnesty to illegal The plain truth is, any tax cut in Bill ple who violated the law, he will veto a aliens in return for funding the DEA Clinton’s mind helps rich people, so he bill that funds DEA, the FBI, the Jus- and the FBI, but I want to tell him I is not for it. tice Department, the prison system. He am not going to support it, I am going Mr. DOMENICI. Will the Senator is literally threatening if we don’t pass to oppose it vigorously. There are yield for a question? a law forgiving people who violated the many Members of the Senate, I believe, Mr. GRAMM. I will be happy to yield. law by coming into this country ille- who share my views. The President Mr. DOMENICI. Would you explain gally, if we don’t grant them amnesty may win it, but he is not going to win ‘‘after-tax dollars’’? Since you are and therefore forgiveness for having it without one big terrific fight. In the talking about millions of Americans violated the law, his threat to us is end, I think nobody benefits from that who might buy their own insurance that he is going to risk shutting down kind of politics as usual. and get nothing today by way of tax re- the FBI, the DEA, the criminal justice I want to now say something about lief, how will that work? system, the courts, and the prisons. the tax bill that is before us. I would Mr. GRAMM. Let me tell you how it That is an extraordinary threat. It is have to say it is pretty extraordinary works. Let me take two individuals. a threat that, I am happy to say, is op- that the President picked out and at- Let’s say one works for General Motors posed on a bipartisan basis by at least tacked as a rich person’s provision the and one works at the Exxon station in one Democrat who happens to be the one provision in this bill that I would College Station. The one who works for ranking Democrat on the Appropria- have thought was absolutely unassail- General Motors gets health insurance tions Committee. It is opposed very able. In fact, our President can say as part of his employment contract. strongly by many Republicans. things with a straight face that Shake- General Motors provides health insur- I want to say on this bill to our speare’s Richard III would blush in say- ance and it is a nontaxable benefit to President, I want him to sign the bill ing. the employee. So, in essence, the em- funding our drug enforcement effort, That is a strong statement, but let ployee who works for General Motors the FBI, the prison system, our crimi- me give an example. As I am sure ev- gets health insurance and the company nal justice system, our courts. I want erybody in this chamber knows, the can deduct from its taxable income the to urge the President to do that, but I general pattern in America is, if you cost of buying the insurance. want to make it clear to him there is have a good job, if you are making Joe Brown, who works at the Exxon at least one Member of the Senate who good wages, part of your employment station changing tires, may work for a is never going to grant amnesty for il- package is health insurance. I have the small, independent filling station oper- legal aliens to pay a political bribe to standard Blue Cross/Blue Shield policy. ator who cannot afford to buy health the President. That is what this issue People who work for the Government insurance for the employees at the sta- is about. This is about electioneering, are blessed with good health insurance. tion. So for Joe Brown to get health in- where the President is putting politics People who make high wages in Amer- surance, he has to earn income, he has in front of people. He is willing to play ica get their health insurance through to take what is left after the Govern- politics with law enforcement and the their job. ment takes its share and then, with criminal justice system, to try to pres- One of the good things in this tax bill after-tax dollars, he has to buy health sure us to grant amnesty for law is that we think it is wrong that, if the insurance for him and his family and breakers. Federal Government helps buy me he gets no deduction for the cost of his I despair of trying to reason with the health insurance, it is tax deductible; if insurance. President in the waning hours of his General Motors buys health insurance What does it mean? It means if you administration, but I say again to the for its employees, it is tax deductible; are a high-income worker and you extent that any one Member can influ- but if somebody makes a low wage and work for a company that provides ence this decision, we will not grant their company does not provide health health insurance, the company gets a

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.077 pfrm01 PsN: S27PT1 S11224 CONGRESSIONAL RECORD — SENATE October 27, 2000 tax break but if you are a low-income So, Mr. President—and I am talking If we were raising reimbursement in wage earner who has to buy his health to the President downtown—we wrote New York, he might have a legitimate insurance himself, you don’t get the this bill because we thought this was criticism, but what he is basically say- tax break. We think that is wrong. what we had to do to get you to sign it. ing is we did not spend the money the What this bill does, in its best provi- But if you do not want to sign it, veto way he wanted it spent. sion, is it treats everybody the same it. I will vote to sustain your veto. I Our President still does not under- and says Joe Brown can buy health in- am going to be here next year. And stand that we have a system of govern- surance with pretax dollars, just as next year we will write a much better ment where we do not serve under the General Motors can. It is expensive be- bill than this bill. This is like the President. We serve with the President. cause we have a lot of Americans, mod- threat—the President reminds me of We are a coequal branch of Govern- erate-income people, who are now buy- the guy who is holding a gun to his ment, and that means give and take ing health insurance with after-tax dol- head and saying: Do what I say, or I and compromise. It does not mean he lars. We think it is a question of fair- will shoot. can dictate to us. It does not mean ness. So we fix it in the bill. ‘‘If you do not legalize criminal ac- that the President is King and he can What does President Clinton say? tivity, I am going to shut down the tell us what to do. ‘‘This is a provision that is helping rich FBI,’’ he says. If we don’t take this tax This threat that he is going to shut people.’’ I just simply pose the ques- cut bill and write it his way, adding down the FBI and the DEA and the tion: Do you know any rich person who more and more of his provisions and court system if we do not grant am- does not get health insurance through fewer things that we are for, he says he nesty to lawbreakers I think, quite his or her job? I do not know any. I is going to veto it. frankly, is an outrageous threat, and I have never met a poor person—excuse I say: Look, free country. Bill Clin- am ready to call his hand on it. It me—a rich person like that; I have met ton is President. We tried to write a needs to be stopped. I do not think we plenty of poor people who do not get bill we thought would help America should encourage any President, Demo- health insurance through their jobs— that he might sign, but this is not our crat or Republican, to think they can but I have never met any high-income bill. This is not our agenda. This does just simply say if you do not take to- person who did not have health insur- not represent our philosophy. If the tally extraneous legislation—it does ance through his or her job. President wants to sign it, great. If he not even have to do with spending wants to veto it, veto it. But remember How the President can stand up with money—and put it in this bill, I am this. There is not going to be another a straight face and say this provision is going to veto the bill if you do not do tax bill. If the President wants to veto for rich people, I do not understand. I that. this tax bill, this is going to be the last also do not understand why the Wash- Mr. BYRD. Will the Senator yield? ington Post and other people in the tax bill this year because we are going Mr. GRAMM. I will be happy to yield. media write it in the paper, as if it to be back here next year, we will have Mr. BYRD. Mr. President, I have were believable, that somehow people a new President next year, and we will been involved in some discussions con- who buy their own health insurance be- produce a better product. cerning one of the appropriations bills Mr. DOMENICI. Will the Senator cause they do not get it through their that remains to be acted on. I was lis- yield? job—principally low-income or mod- Mr. GRAMM. I will be happy to yield. tening to the debate here. I find that erate-income people—are suddenly rich Mr. DOMENICI. Mr. President, before we are discussing, are we, the amnesty merely because we are trying to treat Senator GRAMM leaves the floor, I provision? them like everybody else. thank him for this aspect of the bill Mr. GRAMM. Yes. Let me make one final comment that helps every senior in New Mexico Mr. BYRD. I would like to have a few about the tax bill before I run out of and across this Nation, 1.6 million, who minutes to talk on that. time. Our dear colleague from Ne- have HMO Choice Plus. In this bill, we Mr. GRAMM. I ask unanimous con- braska, Senator KERREY—Democrat, have provided new reimbursement, in- sent that the Senator have as long as for anyone who was not here listen- creased reimbursement to those areas he would like. ing—remarked that this did not look of the United States that were not get- Mr. CRAIG. Reserving the right to like a Republican tax bill. In fact, he ting enough money to stay in business. object. wondered what we were doing with a Can the Senator comment on whether Mr. BOND. Reserving the right to ob- tax bill that looks like a grab bag of he thinks that is good policy based ject. 300 different parts. Let me say, to be upon choice and other things? Mr. GRAMM. I give him the remain- bipartisan today, he is absolutely Mr. GRAMM. I will comment on it in der of my time, if I can. right. But why do we have a tax bill two ways. First, it amazes me that Mr. CRAIG. Reserving the right to that looks like a 300-part grab bag with HMOs are the President’s favorite object, I certainly will not object as one little provision here and one little whipping boy today. In 1993, you re- long as we conform to the 3:15 p.m. provision there? It doesn’t sound very member he wanted to put every Amer- vote time. Rearranging the time that Republican. Repeal the marriage pen- ican in a giant Government-run HMO. remains between now and then is cer- alty, repeal the death tax, cut rates The President is not complaining about tainly the prerogative of the manager. across the board is what we want to do. how much we reimburse HMOs in New I just want to secure that time for the We have the bill we have because we York when they are reimbursed twice vote under the original UC. have the President we have. This was as much as what they are reimbursed Mr. REID. As I understand the re- the only bill we had any chance of get- in New Mexico. I wonder why he is not quest of my friend from West Virginia, ting him to sign. He’s vetoed the oth- doing that. He says there is something he is going to use the remaining time ers. wrong with us trying to help competi- of the Senator from Texas, which is The President is threatening, and ap- tive medicine stay in business in rural how much? parently being supported by Members areas and in States such as New Mexico The PRESIDING OFFICER. One of his party in Congress, that he is and in the nonurban areas of States minute 10 seconds. going to veto this bill. Let me say to such as Texas. Mr. REID. I don’t think that will do my colleagues, and say to the Presi- Again, if you listen to the President, the trick for Senator BYRD. dent, have at it. it sounds as if he is unhappy that Mr. GRAMM. Why don’t you give him The bad news is that Bill Clinton is HMOs are getting all this money, but 5 minutes and then he will have 6? going to veto this bill. The good news he is not unhappy that the HMOs in Mr. REID. I have already explained is he is not going to be President next New York are being reimbursed at two to the ranking member of the Appro- year. The good news is we are going to times the rate of the same HMOs pro- priations Committee, our former lead- have a President, I believe, who will viding the same services in New Mex- er, that I have allocated all of our sign a repeal of the marriage penalty, a ico. I think what he is saying would time. We do not have time left. I have repeal of the death tax, and cut rates have credibility if he were talking explained it to him. He is not just ask- across-the-board. And that is what we about the ones that have high reim- ing now. It is not as if we are denying are really for. bursements. something to which he is not entitled.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.079 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11225 He certainly is. He is going to speak on diagnosis. Uniquely, with Lou Gehrig’s The PRESIDING OFFICER (Mr. a provision most of us over here like. disease, diagnosis is difficult. Some- VOINOVICH). The Senator from Mis- Mr. GRAMM. Do not run my time. times there is only a simple muscle souri. Let me give the time I do have to Sen- pain for up to a year, and then at the Mr. BOND. Mr. President, I yield 5 ator BYRD. time of diagnosis, life expectancy is minutes to the distinguished Senator Mr. BYRD. Mr. President, if the Sen- only 2 to 3 years. So people facing the from New Hampshire. ator only has that much time, I do not certainty of death and medical bills of The PRESIDING OFFICER. The Sen- want to take his time. $200,000 a year are unable to get a dol- ator from New Hampshire. Mr. GRAMM. I would like him to lar, a dime, a penny of Medicare assist- Mr. GREGG. Mr. President, I thank take that time. ance while they are losing their lives. the Senator from Missouri for his cour- Mr. BYRD. No, that will not be This was no one’s intention. It is a tesy, and also the Senator from Idaho enough. Let me say, it is nobody’s fault mistake. It is an error, and it should be for his courtesy. but mine. I could not help being in the changed. I want to speak today, just quickly, appropriations meeting. I have been Earlier in the year, this Senate in response to the press conference over to the House side twice, and both unanimously adopted my legislation to which the President held in the Rose times the House Members were not exempt ALS patients from Medicare’s Garden approximately an hour and a ready, not ready to sit down and dis- regulations. half ago. The tenor of the press con- cuss it. We are talking about the Twenty-eight Senators have cospon- ference was that the Commerce-State- Labor-HHS appropriations bill. I am sored the bill. Justice bill will be vetoed because the not complaining, not blaming anybody. Yet in this conference report, despite White House had not been allowed to The PRESIDING OFFICER. The time strong support from the White House participate in the negotiations on how of the Senator from Texas has expired. and this Senate on a bipartisan basis, the bill was put together. Who yields time? the conference report eliminates the I chair the Subcommittee on Com- Mr. REID. I yield 5 minutes to the provision and asks for a study—a merce-State-Justice appropriations. I Senator from New Jersey, Mr. study. have to say that I believe the Presi- TORRICELLI. The Congressional Research Office dent’s statement is an inaccuracy of Mr. BYRD. Will the Senator yield to has already done a study. I will tell the most egregious level. The fact is, me without his losing any of his time? you the study. When I introduced this the White House, myself, Congressman The PRESIDING OFFICER. Without bill, I stood with ALS patients outside ROGERS, along with Senator HOLLINGS objection, it is so ordered. the Capitol. Almost every one of them and Congressman SERRANO, rep- Mr. TORRICELLI. I will be happy to is now dead. They lost their lives wait- resenting the ranking membership on yield. ing for Medicare, and they never got it. the committee, negotiated with the Mr. BOND. Mr. President, we have all I will tell you the results of the White House for many hours relative to the time committed on our side. I have study. There are now 17,000 people in the Commerce-State-Justice bill. some time. I can give Senator BYRD 1 the country who need this same 24- The bill that was produced was minute of my time, but we have people month exemption. If we return here agreed to in almost all aspects except who are waiting to speak on our side as next year to argue this again, half of on issues of extraneous language that well. them will be dead, and they never will had never been in either bill, that lan- Mr. BYRD. Mr. President, I need 15 have received any Medicare assistance. guage was authorizing language deal- minutes. I do not know why we have to My request is very simple. And I ask ing with immigration—the NACARA be out at 3:15. the support of the Republican leader- language, as it has come to be known. Mr. REID. I say to my friend from ship, as I have received the support of This was language that had nothing to West Virginia, based upon the com- my leadership and of the White House: do with the appropriations bill. It was promise we originally had to vote at Give us a 24-month exemption so that authorizing on an appropriations bill. 3:30, a number of people have airplanes these desperate people can get this as- It has not been acted on in either com- to catch. One of them, for example, has sistance and their families, in addition mittee. It was, therefore, not relevant, to introduce the former Prime Minister to losing someone they love—a parent, appropriate, and would not be germane of Great Britain. They have planes to a husband, a spouse—also do not have to the bill under our rules. However, catch. to deal with this enormous financial the White House wanted action on that Mr. BYRD. OK. As I say, I blame no- responsibility. language. body. I am not complaining, except I It is a small and unique class of citi- As to the appropriations bill, his rep- think this is cramping us a little bit. I zens. There is virtually no other dis- resentation that the appropriations bill am going to vote against this amnesty ease in the Nation with quite the same was in some way done in a back room provision. I would like to speak a little circumstances—for which there is no without White House participation is on it. Maybe I will not be able to. At cure, little treatment, and a certainty totally fallacious. The fact is, the some point today, I will be able to of death within the 24-month period. White House was there at the table, ne- speak, I am sure of that. There are desperate people across gotiating. And because of the White The PRESIDING OFFICER. The Sen- this country who thought when the House’s insistence on certain changes, ator from New Jersey. Senate acted earlier in the year, they this bill was changed. The White House Mr. TORRICELLI. Mr. President, I would at least have this relief. I believe asked for an additional $700 million. We hope my friend from West Virginia they had reason to believe, given the agreed to it. We agreed to fully fund knows that had I had the time, I would bipartisan support, and White House peacekeeping. We agreed to fully fund have been happy to yield to him. I did support, when the conference report the COPS Program. We agreed to a not have it. was written, this would happen. Trag- number of funding increases which the I rise in opposition to the conference ically, the conference report does not White House demanded, as a matter of report and, unlike some of my col- contain this relief. I cannot imagine good faith, to move along this piece of leagues, I am not citing broad policy anything more cruel to these families. legislation which is so critical to the reasons or enormous constituencies, This has to happen. This simply must operation of our Government. but for a fight I have waged for almost be done. I ask, again, that if this con- Specifically, this bill, as has been 3 years, and that is for 17,000 Ameri- ference report does not become law, mentioned before on this floor, rep- cans who are going to die, are certain and it is changed again, that these vic- resents the funding for almost all law to die, will be dead within a matter of tims of ALS have this numerically and enforcement activities at the Federal 2 years. They are ALS patients. They financially insignificant but personally level. The FBI, the Drug Enforcement have Lou Gehrig’s disease, and they are overwhelmingly important relief from Administration, the Border Patrol, the the victims of an unintended con- the Medicare rules. Federal marshals, the U.S. attorneys, sequence. Mr. President, I thank the distin- the U.S. court system—all of these Under Medicare rules, there is a 24- guished minority whip for the time and agencies require funding. All of these month waiting period from the time of I yield the floor. agencies need the funding in this bill to

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.082 pfrm01 PsN: S27PT1 S11226 CONGRESSIONAL RECORD — SENATE October 27, 2000 operate effectively in our law enforce- of the Senate, and why some people are around $1.4 trillion. We have an appe- ment community. chafing about where we find ourselves. tite by those who have no end of desire This bill also funds the State Depart- What does September 22 mean? That to cut taxes, most of which will inure ment, the other Commerce Department is the day that a motion was filed, a to the upper income folks, who say: agencies, and agencies such as the motion to proceed on an energy bill Our fiscal policy is to move us right SBA, the FTC, the FCC, and the SEC, that the leadership never intended to back into that same old risk of top- fairly significant agencies in our Gov- proceed to—a motion to proceed on an pling this economy into the deficit ernment which need to operate. energy bill. ditch once again. For the President to claim that he Since that day, we have never ad- Our first priority ought not be large has not been a participant in devel- journed. We have always recessed. tax cuts for upper income folks and $1.4 oping this bill is absolutely inaccurate. Why? Because that motion was de- trillion in tax cuts before we even have It is an inaccuracy of the worst sort be- signed to prevent any other activity on the surpluses which, incidentally, I cause it is totally inconsistent with the floor of the Senate, to prevent any don’t think we will have for 10 years. the facts as they occurred. single Member from offering a motion, We are not going to have 10 years of They participated. We changed the for example, or an amendment to deal surplus. That suggests we no longer bill to meet their desires, except in one with a Patients’ Bill of Rights. Yes, we have a business cycle of contraction area, the area of NACARA, which, by have had a vote on that before, but and expansion. But the first priority the way, has nothing to do with an ap- there has been a change in the Senate, from the majority party is to say: Let’s propriations bill. This type of legisla- as we know, and if we took that vote have big tax cuts, and let’s put them in tion should be taken up on some other now, we would win that vote. So how law permanently right now. bill, and by the Judiciary Committee do you prevent that from happening? Our priority is to say: That doesn’t where the jurisdiction actually lies. You prevent anybody from offering an make any sense. Let’s do a couple of This bill, I am sure, will be vetoed be- amendment and having a vote—or on things. Let’s pay down the Federal cause the President has promised to do the education issues that we have debt. If during tough times you run it so. The Administration will throw up a talked about. So that is what is going up—and we did—then during good lot of other issues, but those issues on here. times, you ought to be able to pay were essentially settled—questions This Senate has been blocked since down the Federal debt. such as Amy Boyer’s law. We accepted September 22, so that the people on the There is no money around to pay the two major items they wanted; on Democratic side of the aisle could not down the Federal debt when you have issues such as tobacco. We essentially offer an amendment. And we have not the majority party saying they demand said: We will no longer try to take con- even adjourned. We are in the legisla- $1.4 trillion in tax cuts. gressional control over how money is tive day of September 22. So 26, 27 days Second, it seems to me reasonable distributed to the Justice Department. now have passed since October 1st, and that in addition to paying down the You have $350 million to do with what- we find ourselves not having passed the Federal debt, you want to make some ever you want, within the Justice De- appropriations bills. People stand on investments that will bear some re- partment, and in the area of litigation. the floor with great surprise, won- wards for this country in the years You certainly do not need another $7 or dering, what on Earth is all the fuss ahead: invest in children, education, $12 million earmarked to tobacco liti- here? I cannot understand why things invest in health care. That is not the gation. They have plenty of money for are not working very well, why things priority; we don’t want to do that. tobacco. are coming apart on us. Third, yes, some tax cuts, but tax Those issues are red herrings and I will tell you why things are coming cuts that go to working families as would not be in play at all except for apart. Because this Congress didn’t get well. this extraneous issue of NACARA. The its work done. It was blocking the My friend from Texas a few moments President has once again used his bully floor, afraid of amendments, and then ago said he would be happy to listen to pulpit to mislead the American public we reached the time when appropria- me. I know better than that. on this specific issue, which is the tions bills were supposed to have been The PRESIDING OFFICER. The Sen- question of whether or not the White done. They are not done. Then the tax ator’s 5 minutes is up. House played a role in developing the bill is cobbled together and stuck in Mr. DORGAN. I will talk about tax Commerce-State-Justice appropria- this vessel called a small business au- cuts later. The point is, if we are going tions bill. The White House not only thorization bill. It is cobbled together to have tax cuts, they ought to be tar- played a role, they had a significant behind locked doors with no Demo- geted to middle-income families. impact. cratic participation and brought to the We should not be surprised to find I appreciate the courtesy of the Sen- floor of the Senate. And people say: ourselves in this position on October ator from Missouri. Gee, this is reasonable. Why would 27, 27 days after we should have com- I yield the floor. anyone object to that? pleted our work. Mr. REID addressed the Chair. The PRESIDING OFFICER. The Sen- Does anybody remember watching The PRESIDING OFFICER. The Sen- ator from Nevada. the old western movies, the old spa- ator from Missouri. Mr. REID. Mr. President, I yield 5 ghetti westerns where someone inevi- Mr. BOND. Mr. President, I yield 10 minutes to the Senator from North Da- tably would ride into a box canyon and minutes to the Senator from Idaho, Mr. kota. then wonder: What on earth has hap- CRAIG. The PRESIDING OFFICER. The Sen- pened to me? I am in a box canyon. I Mr. CRAIG. Mr. President, I thank ator from North Dakota. am attacked from every side. Senator BOND for yielding. Mr. DORGAN. Mr. President, I thank What happened is, you rode into a I have been listening to the Senator my colleague from Nevada. box canyon. That is exactly what this from North Dakota. I have to remind It is always interesting to me to Congress has done. It hasn’t done its him by quoting his own leader. Here is watch how a legislative session ends. work. What it has done, it hasn’t done what his leader said in USA Today on None has ended, in my judgment, with well. And now it can’t understand for September 8: We will stall the spending less elegance and grace than this one. all the world why anyone would object bills until we get our way. It is now 26 days past October 1st. That to cobbling together a tax bill on a I suggest to the Senator from North is the date on which we were to have small business authorization con- Dakota that he ought to listen to his passed appropriations bills and sent ference and shipping it through here leader because his leader said it and them to the President. and not receiving objections from us or that is exactly what is going on at this On the desk in front of all of us is the from the White House. moment. Calendar of Business, which says that Let’s add up the numbers. Together Let me also say to the Senator from it is Friday, October 27. The legislative these proposals for tax cuts represent North Dakota, after all these spending day is September 22. the single priority of this Congress. It bills and after this tax cut we are de- I just want to remind everyone why is around $1.4 trillion. I may err on ei- bating, we will pay down the national it says that, what we have on the floor ther side a bit, but it is somewhere debt by $700 billion. That is one whale

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.085 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11227 of an accomplishment. No, it doesn’t go kinds of new Federal programs. That is The PRESIDING OFFICER. The Sen- to bigger Government. No, it doesn’t go the reality of what they are dealing ator from Idaho. to create a new program. It goes to pay with. Mr. CRAIG. Mr. President, because down the debt. Mr. BOND. Mr. President, may I in- we have collapsed this time—and I So between what his own leader has terrupt to propound a unanimous con- think appropriately so—and several said and the facts of what we are doing, sent request? colleagues need to be elsewhere later let me remind the Senator from North Mr. CRAIG. I yield to the Senator. today, let me close my comments. Dakota, stalling your way through this The PRESIDING OFFICER. The Sen- Now some of our bills have been ve- session has complicated matters. The ator from Missouri. toed. We have yet to return to the box canyon that he referred to is a box ORDER OF PROCEDURE American people all the tax increases canyon that his own leader created. Mr. BOND. Mr. President, I ask unan- they suffered as the result of the 1993 From USA Today: Senate Minority imous consent that the vote scheduled hike. But the last five-plus years also Leader DASCHLE, Democrat of South for 3:15 p.m. be changed to now occur have produced a solid record of tax re- Dakota, has a simple strategy for win- at 3 p.m. and the time be reduced lief and IRS reform, thanks to Repub- ning the final negotiations over spend- equally for both sides of the aisle. lican principles and bipartisan partner- ing bills: stall, until the Republicans I further ask unanimous consent that ships. Perhaps most important, that have caved in because they can’t wait immediately following passage of the record highlights the Democrat and any longer to recess. joint resolution, the Senate proceed to Republican contrasting views of people That is the reality of where we are. the conference report to accompany priorities. They have stalled their way into a big the D.C. appropriations bill, including Decades of liberal government meant problem. Now we will work the week- the Commerce-Justice-State appropria- more and more Americans were over- end, if we have to. We have to resolve tions bill, the conference report be con- taxed on the one hand, and more and these issues for the sake of the Amer- sidered as having been read, and the more dependent on ‘‘government pro- ican people. Senate proceed to immediately vote on grams’’ on the other. But a determined For just a few moments, let me talk adoption of that conference report Republican Congress has been turning about the tax bill that is before us. I so without any intervening action, mo- the tide, slowly but surely—even in the vividly remember the first Clinton- tion, or debate. face of frequent vetoes and partisan ob- Gore campaign in 1992, running for I further ask unanimous consent that struction—because it has believed in election and saying: We will give statements throughout the day rel- its mission of returning power to the America a middle-class tax cut. It was ative to the appropriations conference people. the mantra of their campaign. report be placed in the record imme- People are empowered when they can Remember, they said in that banner diately prior to the adoption vote. keep most of the fruits of their own during the campaign: It is the econ- I further ask unanimous consent that labor, and use those resources to pro- omy, stupid; we have to make this the votes at 3 p.m. be reversed so that vide for families and their future the economy work. And we are going to the first vote occur on adoption of the way they feel is best. People are em- make it work by giving a middle-class D.C. conference report, to be followed powered when the tax laws are a help, tax cut. by passage of H. J. Res. 117. not a hindrance, to them choosing and Well, let’s remember what happened Mr. REID. Reserving the right to ob- being able to afford a good education, once they were elected. They pushed ject, Mr. President, I would say to my medical care that meets their specific through the largest tax increase in the friend, principally, Senator BAYH and needs, the right balance between work history of this country. The new bigger Senator CONRAD, that means there will and family, and secure retirement bite on the middle class included a fuel be no time for them to speak today. planning. People are empowered when tax, a new tax on Social Security bene- What remaining time we have, which is the government—especially the tax fits, a hefty variety of small business about 7 minutes, would be for the Sen- collector—respects the dignity and taxes. And when the new administra- ator from Montana. I am sure his peo- rights of the individual taxpayer. tion nearly pulled off the greatest ple will also have to cut back on their The Republican-majority Congress scheme of all, and that was to nation- time because we have equal allocation has been making strong, steady, incre- alize one-sixth of our Nation’s econ- of time until 3. mental progress in areas like these. omy—that was that great, new health The PRESIDING OFFICER. Without While several major bills have been ve- care bureaucracy that became affec- objection, it is so ordered. toed, several have become law. Among tionately known across the country as Mr. BOND. Mr. President, therefore, them: In 1996, Congress enacted the ‘‘Hillary Care’’ that was to give every for the information of all colleagues, Health Insurance Portability and Ac- American the opportunity to live in- the next votes will occur now at 3 p.m. countability Act. This law increased side the greatest HMO of all, a federal- There will be two back-to-back votes health insurance deductions for the ized Government health care pro- at that time. The time has been re- self-employed, created new Medical gram—when Americans heard the de- duced on both sides. Savings Accounts so folks can set aside tail of that, thanks to a few Senators I appreciate being able to interrupt money for future needs, made it easier and a few Congressmen on this side of the Senator from Idaho. for workers to transfer from one job to the aisle who stood up hour after hour What is the time remaining under another without losing benefits, al- and went through page after page of this reduced amount? lowed penalty-free IRA withdrawals for what Bill and Hillary Clinton were The PRESIDING OFFICER. The medical expenses, and reduced the cost talking about, Americans rejected that Democrats will have 6 minutes, and Re- of long-term health care. resoundingly. publicans will have 13 minutes. The Taxpayer Relief Act of 1997 in- We know what happened. America Mr. REID. Mr. President, if I could, cluded, among other things, the $500 said things had to change. And they did before we finish this procedural mat- per-child tax credit, credits and deduc- change in 1995; A Republican Congress ter, the minority would be willing to tions for higher education, expanded was elected. Slowly but surely, we have have a voice vote on the tax bill. IRA limits and the new Roth IRA and tried to roll back those massive tax in- I ask unanimous consent that during the first significant steps in death Tax creases. What we have in front of us this process we have a voice vote on relief for family-owned farms and small today is an installment in that effort. the tax bill. business. At a time of unprecedented surpluses, Mr. BOND. I object. The IRS Restructuring and Reform at a time when we are paying down $700 Mr. CRAIG. Reserving the right to Act of 1998 finally began shifting the billion on the debt and that side of the object. burden of proof from the taxpayer to aisle does not want to give a dime back The PRESIDING OFFICER. It is not the IRS, required the IRS to pay court to the American taxpayer, shame on appropriate to seek a voice vote at this costs more often, provided protection them. But then again, their Presi- time by unanimous consent. for innocent spouses from IRS collec- dential candidate says: I need it all be- Mr. CRAIG. Mr. President, let me re- tion efforts, and created a new, tax- cause I want to spend it all for all claim my time briefly. payer-oriented oversight board. The

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.088 pfrm01 PsN: S27PT1 S11228 CONGRESSIONAL RECORD — SENATE October 27, 2000 Senior Citizens Freedom to Work Act lot of politics on the floor and that is commitments for as many new SBA- of 2000 repealed the ‘‘earnings limit’’ on where I think it is appropriate for us to guaranteed loans as possible during the the amount of outside income seniors have our political discussions. I think, week of October 30 through November of retirement age can earn without as chairman of the Small Business 3, 2000.’’ A followup news release, of having their Social Security benefits Committee, we have been able to work course, will publicize the success of cut. on a bipartisan basis on small business this effort. That’s a good record but—we can and issues. But something is very dis- Is this a great country or what? should do more. The tax collector turbing to me, and I want to call that When I read this plan, I was shocked at should not be the uninvited guest at to the attention of my colleagues and what I saw. This thinly veiled attempt every wedding and the rude intruder at to a much broader constituency. It is by the administration to promote itself every funeral. But the Clinton-Gore something that appears to be an at- in the days before the election is an Administration vetoed bills to repeal tempt by this administration to politi- abomination. Too many of us worked the Death Tax and the Marriage Pen- cize the Small Business Administration too long to allow the political manipu- alty. I promise you, however, those just days before the national election lation and abuse of SBA resources, issues will not go away. And now, in this November. SBA personnel, and SBA partners with the waning hours of the 106th Congress, I call on the SBA Administrator to the goal of influencing the election. we are hard at work on wrapping up stop this effort. Yesterday, an anony- As chairman of the Small Business one more bill to provide tax relief to mous employee of the Small Business Committee, I, along with the com- make health insurance affordable to Administration faxed to my office a mittee, have worked tirelessly on a bi- millions of uninsured Americans, help draft of the ‘‘SBA Day Plan.’’ It was partisan basis to promote small busi- more with retirement planning, help faxed to the Small Business Committee ness development and success. This en- family farmers and small businesses, staff. tire Senate has worked on fostering and encourage investment in economi- According to the plan, in the week small business growth as a top priority cally depressed areas. In a matter of before the election, the SBA will use on a bipartisan basis. days it will be up to the President to personnel from its district offices to Focusing the resources of the SBA decide the fate of that bill, with his conduct a nationwide blitz of making and its programs and loans towards historically disadvantaged and under- signature pen or his veto pen. I hope, small business loans, releasing media utilized communities has also been a this time, he chooses power to the peo- statements on the Clinton-Gore admin- chief goal. This Senate passed the ple over power to the tax collector. istration accomplishments, and coordi- I will conclude by saying this: This nating advertising with 5,000 lending HUBZone Program overwhelmingly. It very meager tax package in front of us, partners across the country. The whis- is now part of the SBA’s programs to which has been objected to so strenu- tleblower who contacted us had one bring opportunity to areas of high un- employment and poverty. We cannot ously by the other side, is a small step short message: ‘‘This must be and should not allow SBA, in the wan- in trying to put money back into the stopped.’’ I agree. This must be ing days of this administration, to be pockets of taxpayers during a time of stopped. According to this SBA document, politically hijacked for an election. unprecedented surplus. It is also an op- SBA allegedly plans a major public re- Staging the events in the days before portunity to facilitate; that is, to allow lations campaign in the first days of the election would spread a political small businesspeople and others who November, right before the election. taint throughout the SBA. This cam- want to provide health care and to pro- SBA central office will make mention paign plan will undermine the credi- vide farmers and ranchers and other of the hundreds of events going on all bility of every SBA employee and part- people in agriculture the flexibility to over the country. SBA regional and ner. I don’t want to see that political do all kinds of positive things. district offices will publicize their local destruction. But most importantly, the reason the SBA Day events throughout their re- If SBA is serious about raising public gnashing of teeth and the wringing of gions. awareness of SBA programs and serv- hands has been heard so loudly on the What wonderful timing. Does any- ices—and I think that is a good thing other side of the aisle is they don’t body want to guess what those days to do—then it will do one simple thing: want to give any tax cut. They don’t will feature? Do you think they will Delay the SBA Day Plan for 1 month. want to provide any of that oppor- mention the name of the Vice Presi- They can begin it in December instead tunity. They want to spend it all and dent? of November. That would avoid any they want to spend it all in a way that Well, more disturbingly, SBA district hint of impropriety. If however, SBA will grow Government and grow it in a offices will enlist and co-opt volunteers continues with the SBA Day Plan in way that will reduce our freedoms and, from the Small Business Development the days before the election, we have most importantly, deny the American Centers, Women Business Centers, no choice but to conclude that a com- taxpayer what should justifiably be SCORE Chapters, and U.S. Export As- plete political takeover of SBA had oc- theirs. Once you have balanced the sistance Centers, to place at least one curred with a goal of advancing the ad- budget and you have a surplus, you person in lender offices in branches ministration’s candidates in the No- ought to give just a little bit of it throughout the country in the week be- vember election. back—that is, the surplus—to those fore the election. I say co-opt because I don’t know if this SBA pre-election from which it came. these SBDC, SCORE, USEAC, and WBC campaign has been coordinated with With that, I yield the floor for other centers receive a substantial amount of the national political campaign or allocations of time. funding from SBA. It appears that the local political campaigns across the The PRESIDING OFFICER. The Sen- SBA may be using their private sector country. Frankly, we don’t need to ator from Missouri is recognized. partners’ dependence on SBA funding know, if this issue can be taken off the Mr. BOND. Mr. President, let me as leverage, pushing them to carry out table right now. I urge SBA to remove begin by noting a point made by the this SBA campaign plan. any doubts and postpone this action. I Senator from Texas. I urge all col- SBA partners are expected to encour- have written to Administrator Aida Al- leagues to change their plans to be age local lenders to make joint media varez urging her to protect SBA from here for the vote at 3 p.m. I believe announcements with SBA. SBA private the taint of political interference. there are colleagues on both sides of sector partners are also expected to co- I ask unanimous consent that the the aisle with planes to catch. The ordinate advertising regarding the SBA letter and the attached SBA Day Plan sooner we can complete the vote at 3 Plan Day at their local offices. be printed in the RECORD following my o’clock, the sooner we will be able to In particular, SBA district offices [are to] remarks. go on to the second vote, and there are make every effort to target lender offices in The PRESIDING OFFICER. Without many colleagues on both sides who key communities (i.e., Hispanic, African objection, it is so ordered. hear the engines warming up and smell American, Asian, Native American, Export, (See Exhibit 1.) the jet fuel. Women). Mr. BOND. Mr. President, I say to all Mr. President, before I talk about The most abusive part of this plan of the outside organizations and indi- this bill in particular, we have had a would be SBA’s efforts to ‘‘close or get viduals who may be contacted by the

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.013 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11229 SBA, I hope they understand they are 2. Tout SBA accomplishments and an- vote, a balanced bill that addresses the free to choose to participate or to not nounce SBA loan numbers for fiscal year tax provisions in this bill. participate in any such activities if 2000. What do I mean? they are requested to do so. We intend 3. Kick off the new fiscal SBA year (2001) First of all, the bill that passed the positively and collaboratively. to be around to continue oversight re- 4. Close or get commitments for as many Finance Committee on a bipartisan sponsibilities next year, and we will en- new SBA guaranteed loans as possible during basis, with a unanimous vote, had one- sure that there is no reprisal against the week of October 30–November 3, 2000. third of the tax cuts directed to lower any SBA employee or non-SBA em- Concept and moderate-income taxpayers to help ployee who chooses not to participate Week of October 30–November 3, 2000 them also save for good times. It is in a political endeavor. true the bill also raised contribution Mr. President, I yield the floor and SBA District Offices, with the collabora- tion of SCORE Chapters, district SBDCs, limits for people in moderate and upper reserve the remainder of my time. USEACs, and WBCs, will place at least one income levels, as it should. EXHIBIT 1 person in lender offices and branches My point is not that those should not U.S. SENATE, throughout the country during the week of be raised. My point is there are no pro- COMMITTEE ON SMALL BUSINESS, October 30–November 3, 2000. In particular, visions in the current bill which also Washington, DC, October 27, 2000. SBA district offices will make every effort to give the incentives to moderate- and AIDA ALVAREZ, target lender offices/branches in key commu- low-income people. Administrator, U.S. Small Business Administra- nities. (i.e. Hispanic, African-American, In addition, it is important for us to tion, Washington, DC. Asian, Native American, Export, Women) reflect for a moment about the impor- DEAR ADMINISTRATOR ALVAREZ: The pur- Local lenders will be encouraged to make pose of this letter is to express my alarm joint media announcements with SBA and tance of retirement income. Sixteen over the potential politicalization of the coordinate advertising regarding SBA Day at percent of today’s retirees depend ex- Small Business Administration (SBA) in the their local offices/branches. clusively and entirely on Social Secu- days leading up to the national elections on Tuesday, October 31, 2000 rity for their entire income. Two-thirds November 7, 2000. Employees at SBA have Media Announcement by all SBA offices of of American seniors depend upon So- brought to my attention SBA plans for a cial Security as their primary source of major public relations campaign across the year-end accomplishments/loan numbers. A country in the first day of November. follow-up news release will be made the fol- retirement income. That is basically The Administration’s use of SBA per- lowing week regarding the success of SBA because Social Security benefits only sonnel, offices, programs and private-sector Day. replace about 40 percent of the income partners to influence public perception of SBA central office will announce national earned during retirement. the Administration only days before the accomplishments and year end numbers for Who are those retirees who depend election raises the specter of a pernicious FY2000 and will make mention of the hun- primarily on Social Security? They are dreds of events going on all over the country manipulation of the federal government for people who spend their entire working political means. Most alarming is the direc- kicking off SBA’s new fiscal year. tive from SBA headquarters to make as SBA regional and district offices will in- lives making minimum wage and who many government guaranteed loans as pos- corporate regional and local accomplish- earn just enough to make ends meet sible during the week before election day. ments and year-end numbers for FY2000 into but not enough to save for retirement. Putting taxpayer money at risk for pre-elec- the central office national announcement Only one-third of American families tion campaigning is totally unacceptable. and will publicize their local SBA Day events with incomes under $25,000 are saving The ‘‘SBA Day Plan’’ received by my office taking place at lender locations throughout for retirement either through a pension details SBA plans to: their region/district. plan or through an IRA. That compares Close or get commitments for as many new The PRESIDING OFFICER. The Sen- SBA guaranteed loans as possible during the with 85 percent of American families week of October 30–November 2, 2000; ator from Montana. with incomes over $50,000. Eighty-five Release media announcements by all SBA Mr. BAUCUS. Mr. President, I yield percent of American families with in- offices on the success of these efforts; myself such time as I may consume. comes of $50,000 or over are saving ei- Encourage [local lenders] to make joint Very simply put, we have a tax bill ther through a pension plan or IRA. media announcements with SBA; before us which includes some provi- Coordinate advertising [with local lenders] That is why the bill that passed the regarding SBA Day at their local offices/ sions that are unbalanced. That is un- Finance Committee—again, unani- branches; fair. There has not been anything that mously—attempted to address that dis- Place at least one person [from SBA Dis- would approximate consultation be- parity by including a tax credit for trict Offices, Small Business Development tween the majority and minority, in- families with less than $50,000 in in- Centers, Women Business Centers, Service cluding the White House. It is going to come to help them also save for retire- Corps of Retired Executives Chapters of U.S. pass with a majority vote. It is going ment. The credit was really one of two Export Assistance Centers] in lender offices/ to be vetoed by the President, as it branches throughout the country during the items in the bill that helped provide week of October 30–November 3, 2000; and should. that balance. It also made the bill Make every effort to target lender offices/ Frankly, I know the majority party more progressive. branches in key communities (i.e. Hispanic, will vote for this bill very quickly The unanimously passed, bipartisan African-American, Asian, Native American, when we get back together, and we will Finance Committee bill had a couple Export, Women). pass a balanced bill in consultation other incentives to help small busi- The work of the Small Business Adminis- with both parties and with the White tration is vital to fostering small business nesses establish pensions for their across the country. I share your commit- House. After all, that is by and large workers. These were very important ment to bringing these benefits to histori- what the American people want. They provisions to help balance the bill and cally underutilized areas, which is why I want us to work together. They want raise limits for upper income Ameri- sponsored and Congress overwhelmingly us to pass legislation that is balanced. cans and also help provide incentives passed the HUBZone program. Unfortunately, the bill before us is for lower and moderate-income Ameri- Therefore, I am sure you will agree that not balanced. It is very lopsided and cans. SBA should reschedule its SBA Day Plan very much toward upper income levels. from the beginning of November to the be- You won’t find these provisions in ginning of December. This would avoid any Also, it does not include provisions to the bill before us today. You won’t find taint of political manipulation. If you have help lower middle income Americans, the provisions that passed the Finance any questions regarding this issue, please which I will outline a little bit later. Committee unanimously, on a bipar- contact Paul Cooksey at 224–5175. Thank you In addition, the bill before us is one tisan basis, to help middle and lower in advance for your attention to this matter. that was crafted by the majority lead- income Americans as well as upper in- Sincerely, ership, despite what has been said on come Americans. That pattern is re- CHRISTOPHER S. BOND, the floor here, without consultation peated. Chairman. that in any way is adequate with either Measures that the Finance Com- SBA DAY PLAN the White House or with the Demo- mittee, again, on a bipartisan basis, GOAL cratic Party. That is unfortunate. I say passed to help balance the legislation 1. Raise public awareness of SBA programs that also because the Senate Finance before us are not included in this, I and services and the impact these have on Committee not too long ago passed out might say, closed-door bill that we local communities. of the committee, on a unanimous have before us today. For example, the

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.094 pfrm01 PsN: S27PT1 S11230 CONGRESSIONAL RECORD — SENATE October 27, 2000 section on health care spends $88 bil- side of the aisle are pouting because bill included a recommendation of up lion, with $56 billion of that going to they didn’t get it all. I can tell you to $2.2 million for the FBI’s Jewelry basically HMOs that subsidize people something. I didn’t get all that I want- and Gem Program within funds avail- who already have health insurance. ed in this bill either. I took some able for Organized Criminal Enter- I ask: Where are the provisions de- things I didn’t want, that were wanted prises, OCE, to address crimes against signed to help the uninsured in Amer- by the House and that were wanted by jewelry vendors who have proven easy ica? They are not there. There is no other Members. targets for thieves, including organized provision, for example, to expand the But this bill provides significant sav- South American gangs. The House re- Children’s Health Insurance Program ings incentives and income-limited port on the bill encourages the FBI to as part of the compromise. You won’t savings incentives on IRAs that could continue to allocate sufficient re- find other efforts to help encourage do more to help savings. sources to disrupting these criminal people who are uninsured to get insur- Medicare give-backs will enable pro- enterprises. This program is designed ance. viders to continue to serve needy peo- to protect small businesses and the As I mentioned and as many other ple. lives of employees in this field from speakers have mentioned, this bill was Those who ran against the HMOs are violent crime. The conference agree- slapped together in the last couple of trying to make HMOs available in ment adopts the House position, but it days. There are parts of it that almost States such as New Mexico and rural is my understanding that the FBI de- no one saw before yesterday morning. areas that do not have the tremendous cided to commit significant funds to We have no idea what special interest bonanza of the reimbursements that combating these crimes in fiscal year provisions are in here, and we do not they do in New York State. 2000. Therefore, the conference agree- know what mistakes are in it. There There are many good provisions in ment should be understood to rec- are probably going to be a few—again, this bill. An overwhelming number of ommend the FBI make available suffi- because it was not written in the sun- them have been supported and re- cient funds for the Jewelry and Gem shine. quested by the President and, at one Program. May I ask my distinguished I am even told there is a section here time or another, supported by the peo- colleague from New Hampshire, the that may have accidentally repealed ple on the other side of the aisle. Un- chairman of our subcommittee and our the minimum wage altogether for 6 fortunately, they say: We are just not Senate conferees, if my understanding months. I don’t know. It is possible. getting enough. Sixteen billion dollars is correct? Again, good law is not made behind in school construction, two-thirds of Mr. GREGG. Madam President, my closed doors by a small number of peo- what the President wanted, is not distinguished colleague from Colorado ple. It is made by all of us here in the enough. Our friends have never seen a is correct. The conference agreement full light of sunshine. tax cut that they liked nor a tax sur- should be read to recommend that the I ask my colleagues to vote against FBI expend sufficient funds for OCE on this bill. But, more importantly, when plus they didn’t want to spend. combating the crimes addressed by the the President vetoes it, let’s get to- This strikes the happy medium. I Jewelry and Gem Program. gether and do something that is bal- hope ultimately we will adopt this measure and have it signed by the FAST PROGRAM anced for the American people. ∑ I yield the floor. President. Mr. BURNS. Madam President, the The PRESIDING OFFICER. The Sen- I yield the floor. conference report for the Commerce, ator from Missouri. The PRESIDING OFFICER. The time Justice, State and the Judiciary appro- Mr. BOND. Mr. President, we are of the Senator has expired. priations bill provides that $5 million about ready to conclude the debate on f is appropriated for the Small Business this portion of the omnibus small busi- Innovation Research (SBIR) Rural Out- DISTRICT OF COLUMBIA APPRO- reach Program at the Small Business ness. PRIATIONS ACT, 2001—CON- Let me point out before we go to the Administration, SBA. Given how this FERENCE REPORT votes on District of Columbia/Com- legislation evolved, I believe that clari- merce-State-Justice and adopt the res- The PRESIDING OFFICER (Ms. COL- fication is needed as to how the Con- olution numbered 245, there has been a LINS). The clerk will report the con- ferees intend that the SBA spend such lot of talk about all of these things not ference report. money. having passed. Ninety percent of the The assistant legislative clerk read Next year, there will be two pro- bill has been voted out of the House by as follows: grams at the SBA that focus on small a large margin, and parts have come The Committee of Conference on the dis- high-technology business outreach: out of the Finance Committee. agreeing votes of the two Houses on the The Federal and State Technology I can tell you from the Small Busi- amendments of the Senate on the bill H.R. Partnership (FAST) program and the ness Committee that we took a bipar- 4942, ‘‘Making appropriations for the govern- SBIR Rural Outreach Program. While ment of the District of Columbia and other the FAST program and the Rural Out- tisan, broadly supported bill, and we activities chargeable in whole or in part were not able to get all of the things against revenues of said District for the fis- reach Program share the similar goal that we in the Senate wanted included. cal year ending September 30, 2001, and for of facilitating the development of Frankly, one of the key elements I other purposes’’, having met, have agreed small high-technology businesses, they wanted was rejected. I know a provi- that the House recede from its disagreement are separate programs and the FAST sion advocated by the Senator from to the amendment of the Senate, and agree program is much broader in scope than Minnesota was rejected. But I can as- to the same with an amendment, signed by a the Rural Outreach Program. The sure you that it was over my strong ob- majority of the conferees on the part of both FAST program is a competitive match- Houses. jections, and only at the last was it re- ing-grant program that provides states jected. The PRESIDING OFFICER. The Sen- with wide latitude to develop strate- This measure does many things to ate will proceed to the consideration of gies to assist in the growth of their continue the small business programs the conference report. small business high-technology sectors. and to assure small businesses can pro- (The report was printed in the House In contrast, the Rural Outreach Pro- vide jobs in areas where there are great proceedings of the RECORD of October gram is targeted at only those states needs when there is poverty and unem- 25, 2000.) that receive the fewest SBIR awards ployment. There are provisions that FBI’S JEWELRY AND GEM PROGRAM and is limited to funding activities to are recommended by the Women’s Mr. CAMPBELL. Madam President, I encourage small firms in those states Business Conference. There are provi- commend my friend and colleague from to participate in the SBIR program. sions to bring jobs into needy low-in- Hew Hampshire, Senator GREGG, for his My state of Montana has benefitted come communities. These bills to- effective leadership on this important greatly from the Rural Outreach Pro- gether have many of the things that Commerce, Justice, State appropria- gram and it is very important that this the President also requested. tions conference report. The Senate program be funded. I regret to say that the President and version of the fiscal year 2001 Com- The FAST program, which has been some of our colleagues on the other merce, Justice, State appropriations included in SBIR legislation that has

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.098 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11231 been separately passed by both the ing their impact, and reporting back to standing the facts, law, market prac- Senate and the House and which I an- Congress on appropriate policy consid- tices, and impacts related to these ticipate will be enacted prior to Con- erations. issues. gress adjourning, was initially appro- I am concerned that our current un- MEDICAL CORRECTIONS OPTIONS PROGRAM priated $5 million in the bill reported derstanding of the practice of slotting Mr. MACK. Madam President, last out of the Senate Appropriations Com- fees, as well as the payment of other year the Commerce, Justice, State and mittee. In the conference report, it ap- discounts, fees, and promotional allow- Judiciary Appropriations Sub- pears that the funds appropriated for ances, is still limited. A thorough un- committee included funding for the both the FAST program and the Rural derstanding of industry practices and Southern Florida Medical Corrections Outreach Program were inadvertently their effects should inform policy- Options Program, which began oper- combined under the general heading of making. ations this spring. Working with the funding for the Rural Outreach Pro- Mr. BOND. The Senator is correct. Broward County Mental Health Court gram. This is apparent because $5 mil- The Small Business Committee, which and the Broward County Sheriff’s office lion is targeted in the conference re- I chair, has invested considerable time it has had tremendous success in treat- port for the Rural Outreach Program, and effort working on this issue. While ing mentally ill misdemeanants and while the authorization for that pro- we have made much progress, many of preventing recidivism. My colleague gram is only $2 million. I am concerned the facts surrounding this practice re- from Hawaii shares my interest in the that without clarification about how main shrouded, and little hard data has program because Hawaii faces many of the SBA is required to spend such been produced to gauge slotting’s im- the same challenges as Florida in funds, that the SBA will use excess pact, especially on small businesses treating mentally ill misdemeanants. amounts for programs other than the and small farmers. For example, at a Mr. INOUYE. Madam President, my FAST program and the Rural Outreach recent hearing, the General Accounting colleague from Florida is correct. To- Program. Accordingly, am I correct in Office reported it has been unable to gether, we are seeking to expand the my interpretation that funding for the collect data needed to prepare a thor- South Florida Medical Corrections Op- FAST Program was combined with ough analysis of the practice. The FTC, tions Program to initiate a Hawaii pro- funding for the Rural Outreach Pro- however, would have the legal author- gram that will enhance our knowledge gram in the conference report and that ity under Section 6 of the Federal in this field. We are also seeking to the Conferees intend that the $5 mil- Trade Commission Act to collect the provide much needed data for the even- lion be used to support both programs? data necessary to continue with a full tual expansion of the national mental Mr. GREGG. Yes, the interpretation and complete analysis of these prac- health court program. is correct. Both of these programs pro- tices and their impacts. Mr. MACK. The Fiscal Year 2001 Commerce, State, Justice and the Judi- vide support for high-technology busi- This funding was requested for the ciary Appropriations Committee Re- nesses and, therefore, both have been purpose of the FTC preparing a com- port includes a number of programs funded under the general topic of SBIR prehensive report to Congress, pursu- that the committee has encouraged the Rural Outreach. Thank you for bring- ant to Section 6 of the Federal Trade Bureau of Justice Assistance (BJA) to ing to our attention that clarification. Commission Act, that outlines the ap- Mr. BURNS. I know that there is sub- propriate policy considerations arising examine and fund, if possible, under stantial support for both of these pro- from this issue. The report should con- the Edward Byrne Memorial Discre- tionary Grants Program. I am hopeful grams. Can you tell me how the con- centrate on industry-wide practices of that the BJA will consider funding for ferees intend that the SBA spend the $5 retailers that engage in the sale of gro- the joint Hawaii/Florida demonstration million on the Rural Outreach Pro- cery items with respect to slotting al- project to develop a national model for gram and the FAST program? lowances and other similar practices Mr. GREGG. My understanding is including, without limitation: Their future mental health courts. Mr. INOUYE. I thank my colleague that the intent of the conferees is that impact on competition and retail for his support in expanding this im- $1.5 million of the total amount be prices; their impact on all forms of gro- portant project into the State of Ha- spent on the Rural Outreach Program cery retailing, including smaller gro- waii, and would appreciate the agree- and $3.5 million be spent on the FAST cery retailers; their impact on manu- ment of the Chairman to support this program. facturers and suppliers; and their rela- project for funding consideration. Mr. BURNS. I thank the Senator for tionship to consolidation in the retail ∑ Mr. GREGG. I thank my colleagues the clarification. grocery industry. from Florida and Hawaii and would GROCERY SLOTTING FEES Mr. GREGG. The Senators are cor- like to clarify that the BJA should Mr. CRAIG. Madam President, the rect. The intent of the committee in consider funding under the Edward conference report that includes fiscal originally providing for this funding in Byrne Memorial Discretionary Grants year 2001 Commerce-Justice-State ap- the Senate-reported appropriations is Program for this joint Hawaii/Florida propriations picks up some Senate re- as the Senators have described it. The demonstration project. port language providing up to $900,000 conference report maintains the Sen- Mr. MACK. I thank the Chairman for for completion of a Federal Trade Com- ate position. I would also state it is our his comments. mission investigation into slotting al- expectation that the FTC provide this LAND ACQUISITION lowances and fair competition in the report to Congress no later than six- Mr. LAUTENBERG. Madam Presi- retail grocery business. teen months from the date of enact- dent, I would like to inquire of the I understand that the Senator from ment of this legislation. ranking member of the Subcommittee Missouri [Mr. BOND] originally re- Mr. CRAIG. I thank the Senator for on Commerce, Justice, State and Re- quested that language. I would like to clarifying the committee’s intent. lated Agencies, Senator HOLLINGS, engage the Senator from Missouri and I want to add my personally strong about a particular provision of the con- the chairman of the subcommittee [Mr. feeling that it would be inappropriate ference report. GREGG] in a colloquy simply to clarify for the FTC to launch individualized The conference report to the Com- the scope and intent of that provision. investigations and enforcement actions merce, Justice, State Appropriations Because this language is brief, I on the basis of notions about industry bill for fiscal year 2001 specified that $1 wanted to make sure it would not be practices that are not-fully-informed, million is available for land acquisition misread to suggest that we are pro- before it can sort out what appropriate in Raritan, New Jersey under the Na- viding these funds for use in any com- law and policy should be. Unfocused, tional Estuarine Research Reserve sys- pany-specific investigation. premature, or ad hoc actions could be tem. It is my understanding that commit- counterproductive, possibly disrupting Mr. HOLLINGS. The Senator is cor- tee’s intent is for the FTC to use these markets and chilling some positive in- rect. funds solely to undertake a general dustry practices that actually benefit Mr. LAUTENBERG. As I understand study, collecting comprehensive data consumers. It is important now for the it, the intent of this language is to on the current competitive environ- FTC to focus on resolving uncertain- allow for the purchase of specific par- ment related to such practices, assess- ties and acquiring a better under- cels of wetland habitat in the Raritan

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.019 pfrm01 PsN: S27PT1 S11232 CONGRESSIONAL RECORD — SENATE October 27, 2000 Bay region of New Jersey. The Raritan us to add this portion, which includes now be section 31 of the Outer Conti- Bay area in Monmouth County, New Coastal Impact Assistance, to the Com- nental Shelf Lands Act, is an impor- Jersey, is the area of focus of this pro- merce appropriation. The change made tant and necessary component of our vision, not Raritan Borough in Som- in what Secretary disburses the funds leasing program on the Outer Conti- erset County, New Jersey nor Raritan does not alter in any manner the na- nental Shelf and is certainly within the Township which is located in ture of the program, the purposes of jurisdiction of the Committee on En- Hunterdon County. In addition, the in- the program, or the exclusive jurisdic- ergy and Natural Resources. How we tent of this provision is for the Na- tion of the Committee on Energy and choose to route the funding for this tional Oceanic and Atmospheric Ad- Natural Resources over the program. program is incidental and has nothing ministration’s National Estuarine Re- Mr. DASCHLE. I fully agree with the to do with the jurisdiction of the Com- search System to work cooperatively response from the majority leader. mittee on Energy and Natural Re- with the State of New Jersey to coordi- Whether the Secretary of the Interior sources. As the minority leader noted, nate the acquisition and management or the Secretary of Commerce or the it is immaterial whether the Secretary of these lands. Secretary of the Treasury makes the of the Interior or the Secretary of Mr. HOLLINGS. The Senator is disbursements has absolutely no effect Commerce or some other officer is re- again, correct on both points. As the on the exclusive jurisdiction of the sponsible, the program remains exclu- Senator from New Jersey has stated, Committee on Energy and Natural Re- sively within the jurisdiction of the the intent of this provision is to allow sources over this program. The Com- Committee on Energy and Natural Re- NOAA to work with the State of New mittee on Energy and Natural Re- sources. Jersey to acquire lands along the Rari- sources has jurisdiction over the Outer ∑ Mr. MCCAIN. Madam President, I tan Bay for inclusion in the National Continental Shelf Lands Act and was want to thank the managers of this bill Estuarine Research Reserve System. the committee that originally reported for their hard work in putting forth an- Mr. LAUTENBERG. I thank the the Coastal Impact Assistance program nual legislation which provides federal ranking member for clarifying the as part of the CARA legislation. The funding for numerous vital programs. meaning of this provision. fact that we have funded the first year This bill provides funding for fighting CARA through the Department of Commerce crime, enhancing drug enforcement, Mr. MURKOWSKI. Madam President, has absolutely no effect on the exclu- and responding to threats of terrorism. I have a question about a last minute sive jurisdiction of the Committee on It further funds the operation of the change in language of the appropria- Energy and Natural Resources over the District of Columbia, addresses some of tions measure establishing a Coastal Coastal Impact Assistance program, in- the shortcomings of the immigration Impact Assistance program as section cluding oversight and any future process, funds the operation of the ju- 31 of the Outer Continental Shelf Lands changes. dicial system, facilitates commerce Act. The Coastal Impact Assistance Mr. STEVENS. Let me add as chair- throughout the United States, and ful- program, with relatively few changes, man of the Committee on Appropria- fills the needs of the State Department is identical to language referred to and tions that we were not in any manner and various other agencies. reported by the Committee on Energy attempting to alter the jurisdiction of Unfortunately, for the second time in and Natural Resources as part of H.R. the authorizing committees over any a month, I must express my dismay 701, the Conservation and Reinvest- programs. As a result of the agreement over the process whereby the Latino ment Act of 2000, commonly referred to made on the Interior appropriations and Immigrant Fairness Act (LIFA) as CARA. The last minute change I am bill, we were forced to fund the Coastal has been considered by this Congress. concerned about places the Secretary Impact Assistance program on the Like many Americans who believe poli- cies that reflect compassion and family of Commerce in charge of the Coastal Commerce appropriations measure. To values should apply to immigrants and Impact Assistance program rather than do that, we needed to include author- U.S. citizens alike, I welcome inclusion the Secretary of the Interior. Both the izing language. We took the language of the Legal Immigration Family Eq- House of Representatives, when it that had been reported by the Com- uity (LIFE) Act in this bill. But I had passed CARA, and the Committee on mittee on Energy and Natural Re- hoped that this legislation would sup- Energy and Natural Resources, when it sources with only minor alterations. plement, rather than substitute for, reported CARA to the Senate, placed There was a last minute change to in- the Fairness bill, which is far broader. responsibility for Coastal Impact As- sert a definition of ‘‘Secretary’’ for the I am disappointed that members of my sistance with the Secretary of the Inte- purposes of the new section 31 of the party refused to include LIFA in this rior. The Secretary of the Interior has Outer Continental Shelf Lands Act to bill. As a consequence, hundreds of the overall responsibility under the be the Secretary of Commerce. All that thousands of hard-working, tax-paying Outer Continental Shelf Lands Act for change does, is alter who will disburse members of our society will be denied the leasing program that creates the the funding to the coastal States. I can the amnesty, parity, and family-unifi- impact on our coastal communities assure all my colleagues that there was cation protections of LIFA. I will con- that Coastal Impact assistance seeks no intent to alter the jurisdiction of tinue to work for passage of the Latino to address and is also the source of rev- the Committee on Energy and Natural and Immigrant Fairness Act and trust enues to fund not only such assistance Resources over the Outer Continental that, next year, we can pass it on the but also various conservation programs Shelf Lands Act or its exclusive juris- Senate floor. that were included under CARA. I do diction over the Coastal Impact Assist- Regretfully, I must oppose this meas- not understand why the change was ance program that is established as a ure. made, but I want to make certain that new section 31 of that act. There are hundreds of millions of dol- the change has no effect on the juris- Mr. BYRD. I also agree with these lars in pork-barrel spending and the diction of the Committee on Energy comments. The Committee on Energy legislative riders that are riddled and Natural Resources over the Outer and Natural Resources has jurisdiction throughout this bill. The multitude of Continental Shelf Lands Act and espe- over ‘‘Extraction of minerals from unrequested earmarks buried in this cially exclusive jurisdiction over the oceans and Outer Continental Shelf measure will undoubtedly further bur- Coastal Impact Assistance program es- lands’’ under Rule XXV(g)(1)6. of the den the American taxpayers. While the tablished under section 31 of that act. Standing Rules of the Senate. Pursu- amounts associated with each indi- Mr. LOTT. I can assure the Senator ant to that authority, it has jurisdic- vidual earmark may not seem extrava- that the change has absolutely no ef- tion over the Outer Continental Shelf gant, taken together, they represent a fect on the jurisdiction of the Com- Lands Act. The Committee on Com- serious diversion of taxpayers’ hard- mittee on Energy and Natural Re- merce, Science, and Transportation earned dollars at the expense of numer- sources over that program. As the Sen- continues to have jurisdiction under ous programs that have undergone the ator knows, at one time there were dis- Rule XXV(f)(1) over ‘‘Transportation appropriate merit-based selection proc- cussions about adding the entire CARA and commerce aspects of Outer Conti- ess. package to the Interior appropriation nental Shelf lands’’. The Coastal Im- For example, under funding for the bill. The allocation of funding required pact Assistance program, which will Department of Justice, some examples

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.021 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11233 of earmarks include: $130,000 to Jack- tional Association of Broadcasters and hind the smokescreen of hypothetical son City, Mississippi, for public safety National Public Radio—have mounted interference to severely wound—if not and automated technologies related to a vigorous behind-the-scenes campaign kill—this service in the dead of night. law enforcement; $2 million for the against this service. Their stated objec- This report also contains legislation Alaska Native Justice Center; $15 mil- tion to this service is potential inter- establishing a rural loan guarantee lion for an education and development ference, of course, not potential com- program intended to help bring broad- initiative to promote criminal justice petition. They claim that a 10 or 100 cast signals to the most remote areas excellence at Eastern Kentucky Uni- watt low power station that can only in this country. While I support this versity in conjunction with the Univer- broadcast a few miles will ‘‘bleed into’’ legislation, and I commend my friend, sity of Kentucky; and $4 million for the and overpower the signal of nearby Senator BURNS, for his leadership in West Virginia University Forensic 100,000 watt full-power radio stations this area, there is one aspect of this Identification program. that broadcast about 70 miles. Interest- legislation that still causes me con- Under funding for the Department of ingly, the FCC, the expert government cern. Commerce, some of the earmarks in- agency that evaluates such radio inter- This legislation would let incumbent clude: $500,000 for the International Pa- ference claims, does not share this cable monopolies qualify for U.S. tax- cific Research Center at the University claimed concern. To the contrary, after payer subsidized loans in the name of of Hawaii; $855,000 for weather radio developing an extensive record and ‘‘technology neutrality.’’ Unfortu- transmitters in Kentucky; $2.5 million evaluating these alleged technical con- nately, this approach will fail to for the Center for Spatial Data Re- cerns, the FCC proceeded with licens- achieve any real ‘‘technology neu- search at Jackson State University; ing and established procedures to ad- trality’’ while simultaneously expand- $500,000 for the South Carolina Geo- dress any interference issues that actu- ing a limited loan guaranty program detic Survey; and $500,000 for the Cali- ally arose. into an unnecessary corporate welfare fornia Ozone Study. Moreover, competitors’ speculations program. And the list of questionable spending about potential interference from low- In a perfect world, a loan guaranty goes on with even more funding for the power stations were given a fair hear- program would be equally available to 2002 Winter Olympic Games in Salt ing not only in the FCC, but also in every competing industry segment be- Lake City, Utah. For example: $3 mil- this Congress. Earlier this year, Sen- cause this would ensure that no indus- lion for the Utah Olympic Public Safe- ator KERRY and I introduced the Low try segment would benefit from a gov- ty Command to implement the public Power FM Radio Act of 2000, which ernment-sanctioned advantage in the safety master plan for the Olympics; $5 would have struck a fair balance be- marketplace. million for the Utah Communication tween allowing low-power radio sta- Unfortunately, telecommunications Agency Network for enhancements and tions to go forward while at the same law has already departed so signifi- upgrades of security and communica- time protecting existing full-power sta- cantly from principles of ‘‘technology tion infrastructure to assist with law tions from actual interference. Under neutrality’’ that ‘‘neutrality’’ in the enforcement needs of the Olympics; our bill, low-power stations causing in- narrow field of taxpayer-subsidized and $590,000 for the NOAA Cooperative terference would be required to stop loan guaranties will only increase the Institute for Regional Prediction at causing interference—or be shut cost of the program for the benefit of the University of Utah to implement down—but non-interfering low power previously favored technologies. In- data collection and automated weather FM stations would be allowed to oper- deed, my experience has shown that in station installation in preparation for ate without further delay. The oppo- telecommunications technological neu- the Olympics. nents of low-power FM did not support trality has been sacrificed by a mis- There are many more projects on the this bill because they want low-power placed focus on protecting competitors list that I have compiled, which will be FM to be dead rather than functional. at the expense of competition and the available on my Senate Website. Congress should not permit the ap- American consumer. For example, the I also want to address the legislative propriations process to circumvent the broadcast industry has been given 70 riders in this bill. In particular, I want normal legislative process. Every time billion dollars of free spectrum, yet the to express my disappointment that leg- we do this, the American people lose wireless industry must compete for islation restricting low-power FM serv- more faith in us. And in this context, spectrum at auction. And certain in- ices has been added behind closed doors they will become even more cynical dustry sectors, such as cable, have been to this appropriations conference re- when they learn that special interests given government-franchised monopo- port. The addition of this rider illus- like the NAB were able to use the ap- lies. In the telecommunications world, trates, once again, how the special in- propriations process to highjack and some are already more equal than oth- terests of a few are allowed to domi- overturn the sound technical decisions ers. nate the voices of the many in the by the government radio experts that It is against this reality that any back-door dealings of the appropria- would have authorized new outlets for claims of ‘‘technological neutrality’’ tions process. religious and political speech—and new must be evaluated. In the real world, Low-power FM radio service provides outlets for their local churches and cable companies not only have a gov- community-based organizations, community groups. ernment-sanctioned advantage—they churches and other non-profit groups Low-power FM is an opportunity for have a government-franchised monop- with a new, affordable opportunity to minorities, churches and others to oly. Monopolists, almost by definition, reach out to the public, helping to pro- have a new voice in radio broadcasting. need no more government protection mote a greater awareness within our In the Commerce Committee, we con- against competition. Perhaps it is just communities. Low-power FM is sup- stantly lament the fact that minori- a coincidence, and not due to a lack of ported by the U.S. conference of May- ties, community-based organizations, competition, but cable companies have ors, the National League of Cities, the and religious organizations do not have been able to raise their rates approxi- Consumers’ Union and many religious adequate opportunities to commu- mately three times the rate of infla- organizations, including the U.S. nicate their views. Over the years, I tion (for about a 30 percent total in- Catholic Conference and the United have often heard many members of crease) since the 1996 Telecommuni- Church of Christ. These institutions both the Committee and this Senate la- cations Act. This scenario hardly re- support low-power FM because they see ment the enormous consolidation that quires the helping hand of the U.S. tax- what low-power FM’s opponents also has occurred in the telecommuni- payer. know to be true—that these stations cations sector as a whole and the radio ‘‘Technology neutrality’’ is a fine will make more programming available industry specifically. Here, we had a phrase, but not if it means that the to the public, and provide outlets for chance to get out of the way, and allow American taxpayers must further sub- news and perspectives not currently non-interfering low-power radio sta- sidize industries that have already re- featured on local radio stations. tions to go forward to combat these ceived undue and unnecessary market But, the special interests opposed to concerns. Instead, we let special inter- advantages sanctioned by the govern- low-power FM—most notably the Na- ests hide their competitive fears be- ment.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.103 pfrm01 PsN: S27PT1 S11234 CONGRESSIONAL RECORD — SENATE October 27, 2000 In closing, I urge my colleagues to rural America, the ‘‘Local TV Act.’’ should not favor one technology over curb our habit of directing hard-earned The Local TV Act will create a $1.25 another and it should not pose a burden taxpayer dollars to locality-specific billion loan guarantee program that to the taxpayer. The ‘‘Local TV Act’’ is special interests and our inclusion of will bring local TV signals to Montana a win for consumers and for taxpayers. legislative riders which thwart the and other rural states, over satellites Earlier this year, the bill passed the very process that is needed to ensure or other technologies, in a fiscally re- Senate 97–0, a similar version passed our laws address the concerns and in- sponsible way. the House by an overwhelming margin terests of all Americans, not just a few I want to thank the distinguished and I again thank my colleagues on who seek special protection or advan- Chairman of the Senate Banking Com- both sides of the aisle for reaching tage.∑ mittee and the Majority Leaders in agreement on this critical matter.∑ Mr. GORTON. Madam President, one both the Senate and the House for Mr. HOLLINGS. Madam President, I of my priorities in this bill was to helping to reach completion on this would like to take a moment and join make sure that Washington seniors issue. I should add that Senator LEAHY, my subcommittee chairman and col- continue to have access to their Senator HOLLINGS, Senator THOMAS league, Senator GREGG, in commenting Medicare+Choice program and to ex- and Senator GRAMS have worked tire- on the fiscal year 2001 Commerce, Jus- pand choices for other seniors who lessly on this matter. I would also like tice, and State, the Judiciary and re- have been dropped from the program to thank my colleagues in the House lated agencies appropriations portion due to low payment rates in Wash- for their efforts. Representative GOOD- of the conference report before the Senate today. Once, again, I would like ington state. We need to make sure LATTE was involved in every stage of Medicare+Choice is a stable option in the complex negotiations that took to commend Chairman GREGG for his the Medicare program for our seniors. place on this bill, as were House Com- outstanding efforts and bipartisan ap- proach in bring an appropriations bill I am concerned, however that the merce Committee Chairman BLILEY, new requirements on the submission of to the floor that is good and balanced. House Telecommunications Sub- Putting together the conference re- adjusted community rate ACR pro- committee Chairman TAUZIN, House port is always a tremendous challenge, posals for 2001 may interfere with my Agriculture Committee Chairman COM- and this year has proven to be no dif- goal of ensuring the stability of this BEST and Representative BOUCHER. I ferent. We face the challenge of ade- program for seniors in my state. Under thank them all for helping to reach quately funding a host of varying mis- this bill, plans that have ensured sen- such a positive result, which was only sions, This bill funds efforts to fight iors have consistent access to the possible through an extraordinary, bi- crime and drugs on our streets. This Medicare+Choice program cannot use partisan effort. bill funds initiatives that enhance busi- the increased funds to stabilize the Providing access to local television ness opportunities for small and large benefits they already provide or to en- signals is crucial to rural states. With companies at home and abroad. This sure adequate payments to providers over-the-air broadcast signals and bill funds agencies like the FTC and such as doctors and hospitals—even if cable delivery limited by the geog- the SEC that protect consumers from they are losing money on providing raphy of my own state of Montana, sat- fraud. This bill provides funding for those benefits right now. ellite television has been a staple of scientific research needed for better In Washington State we have plans our so-called ‘‘video marketplace’’ for fisheries management. This bill pro- that are operating at a deficit every many years. In fact, Montana has the vides free and accurate weather fore- year but they continue to stick with highest penetration level of satellite casting to farmers who rely on it day this program and offer health care to television in the country at over 35 per- by day for tending their crops and to our seniors. They need this money sim- cent. families who live in areas where timely ply to stabilize and maintain current I initially proposed legislation in this and accurate forecasts can save their benefits. Without these funds, there area because I was concerned that lives from violent tornadoes, torrential will be no basic programs for seniors at without it, only the largest television rains, floods, and hurricanes. While the all. Plans cannot offer enhanced bene- markets in America would receive missions funded through this bill may fits or lower premiums if there is no local-into-local service authorized by vary, one point remains constant: The program in existence, in Washington the Satellite Home Viewer Improve- funding provided in this bill seeks to state, that is what we are facing—the ment Act. These are the profitable cit- improve the daily lives and safety of possibility of no Medicare+Choice pro- ies like New York and Los Angeles all American at home and abroad. grams at all. with millions of television households. In total, the conference report pro- I don’t disagree with the intent of Currently, only the 20 largest tele- vides $38.0 billion in budget authority the provision to ensure that seniors vision markets are being offered local which is about $1.7 billion less in total benefit from this new funding in the TV signals via satellite. The two larg- budget authority than the fiscal year form of reduced premiums or increased est direct broadcaster satellite pro- 2000 levels. The bill is $12.9 billion less benefits. My point is that there are viders have announced plans to offer than the President’s request level; more ways to help out seniors and one service to an additional 20 or 30 large however, his request level, as in past way is to ensure that their plan will markets over the next few years. years, included advanced appropria- not only be there this year, but the What about the other TV markets? tions, which the CJS Subcommittee next year and into the future. One way There are 16 states—including my traditionally does not provide. to do that is to simply add a provision own—that do not have a single city Senator GREGG has mentioned many to the current language that allows among the top seventy markets. Be- of the funding specifics in this bill, so plans to stabilize or enhance patients cause of the ‘‘Local TV Act,’’ they will I will not repeat the details; however, I access to providers such as doctors and now no longer be left out of the infor- would like to point out to our col- hospitals. mation age just because they are leagues some of the highlights of this You can spend millions of dollars on smaller. bill: the fixtures of a new house, on antique The ability to receive local television JUSTICE AND LAW ENFORCEMENT furniture, on expensive paintings, and signals is more than just having access The conference report provides $21.1 the like but if there is no foundation to local sports or entertainment pro- billion for the Department of Justice, the house will fall to the ground and no gramming. It is a critical and imme- including $3.3 billion for the FBI, $1.3 one will benefit. Our first priority diate way to receive important local billion for the DEA, $4.8 billion for INS, should be to ensure that the news, weather and community infor- $4.3 billion for BOP, and $4.6 billion for Medicare+Choice program is stabilized mation. Access to local signals is par- the Office of Justice Programs. This that at a minimum seniors continue to ticularly critical in Montana, where we conference report funds both block have the choice we promised them. experienced severe flooding last fall grant programs—such as Byrne, local ∑ Mr. BURNS. Madam President, I sup- and sudden blizzards are always a pos- law enforcement, and juvenile justice— port the passage of the Commerce-Jus- sibility. and the COPS Program—such as the tice-State conference report, which in- The ‘‘Local TV Act’’ reflects the be- universal hiring and technology com- cludes a bill of critical importance to lief that the loan guarantee program ponents. Our colleagues in the Senate

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.104 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11235 only need to review the FBI’s prelimi- sponsibility to weigh the evidence and ago, our nation roared into space, in- nary annual uniform crime report re- decide whether the tobacco companies vesting tens of billions of dollars in leased this past May to appreciate how have broken the law, not Congress’s re- that effort. During that golden era of well all these programs are working. sponsibility. In fact, just recently, the science, some of us also recognized the According to the FBI’s report, in 1999, U.S. District Court of the District of importance of exploring the seas and serious crime dropped for an eighth Columbia rules that DOJ does have protecting the coasts on our own plan- consecutive year, down seven-percent standing to bring a suit against the to- et. In 1966, Congress enacted the Ma- from the year before. This is the long- bacco companies under the RICO (rack- rine Resources and Engineering Devel- est running crime decline on record. eteering, influence, and corrupt organi- opment Act in order to define national The successful reduction in crime in no zations) Act. It is Congress’s responsi- objectives and programs with respect small way must be attributed to the bi- bility to provide the Justice Depart- to the oceans. One of the central ele- partisan efforts to fund DOJ’s crime ment with the tools and adequate re- ments of the 1966 act was establish- fighting initiatives during the past ten sources it needs to do its job. This con- ment of a Presidential commission, years. ference report does not do that. called the Stratton Commission, to de- In an effort to continue the decline in DEPARTMENT OF COMMERCE velop a plan for national action in the serious crime, we continue to fund The conference report provides $4.7 oceans and atmosphere. The Stratton many of the programs that are work- billion for the Commerce Department, Commission laid the foundation for ing. Not only are we funding cops on an increase of $460 million above last U.S. ocean and coastal policy and pro- the beat, we also continue the safe year’s funding level. We provide $337.4 grams and has guided their develop- schools initiative which Senator GREGG million for ITA, and while we could not ment for three decades. Their report and I started two years ago. This bill fully fund all of the President’s request led to the creation of NOAA and laid provides $227.5 million for this initia- for this important administration, we the groundwork for science and re- tive. Madam President, we cannot did provide funding for the trade com- search and for management regimes allow violence or the threat of violence pliance initiatives. I also appreciate that are the cornerstone of our efforts to properly manage our fisheries, and to turn our schools into a hostile set- Senator GREGG’s support for language protect our coasts today. This con- ting that prevents our students from requiring the USTR to assist the Im- ference report fully funds all of NOAA’s obtaining the education they deserve. port Administration with office space The bill before the Senate provides in- base science and research missions. in Geneva given the importance of the FY 2001 funding for NOAA also in- creased funding from last year’s levels, Import Administration’s responsibil- cludes additional funds for coastal con- through the Office of Justice programs, ities relating to antidumping and coun- servation reflecting this year’s coastal to continue the hiring of school re- tervailing duties. funding proposals in Congress source officers, and the implementa- While we did not fully fund the ad- (‘‘CARA’’) and the administration’s tion of community-based planning and ministration’s new internet access ini- budget (‘‘lands legacy’’). The $420 mil- prevention activities. This initiative is tiatives for NTIA, we did provide more lion in increased funding includes $135 working but there is much more that than $100 million in funding for the million for specific conservation has to be done, and this increased fund- NTIA to continue its core missions— projects and $135 million to strengthen ing will continue our efforts to return funding for digital conversion, and NOAA’s efforts to conserve and protect our schools to a safe place for children funding for infrastructure grants. our coral reefs, national marine sanc- to learn. Regarding technology, the bill in- tuaries and reserves, as well as fish- I am pleased to see in this year’s con- cludes $312.6 million for NIST scientific eries and coastal habitats. This $135 ference report $1.3 billion funding for and technical research and services. million infusion of funding in the com- the DEA, which is a $69.45 million in- Under NIST, the Advanced Technology ing year will greatly benefit NOAA’s crease from last year’s level. This fund- Program (ATP) is funded at a program important coastal stewardship pro- ing is aimed at combating the latest level of $190.7 million, and the Manu- grams throughout the Nation. The in- battle in the war on drugs— facturing Extension Partnership (MEP) creased coastal funding also includes methamphetamines. Included in the Program is funded at $105.1 million. $150 million to assist those States DEA fundings is $25.9 million for per- The conference report also provides whose coastal areas are adversely af- sonnel and operations to combat the $3.1 billion for NOAA, more than $700 fected by offshore oil development. production and use of million above last year’s level, and $850 DEPARTMENT OF STATE methamphetamines. Also included in million above the House level for FY The conference report includes a the bill is $28.5 million for State and 2001. I appreciate Chairman GREGG’s total of $7.1 billion for the Department local law enforcement to combat meth- support and efforts to insure that we of State and related agencies, an in- amphetamine production and $2.5 mil- maintain a focus on our oceans and crease of $1.3 billion above last year’s lion for equipment. Another $20.0 mil- coast. I have made it clear this year funding level of $5.8 billion. Within the lion will be transferred from the COPS that I am disappointed in the adminis- State Department account, $1.1 billion Hot Spots Program to reimburse the tration’s request for NOAA. Most of the has been provided for worldwide secu- agency for the costs associated with as- funding increases requested this year rity upgrades of State Department fa- sisting State and local law enforce- were for community assistance type cilities. Additionally, the bill provides ment in meth lab cleanup. programs—making NOAA a mini- $846 million to continue our Nation’s The conference report also includes EDA—and not the science and research international peacekeeping activities. $288.7 million for the violence against missions that have been NOAA’s trade- SUMMARY women program, which includes $31.6 mark during the past three decades. In closing let me say again that ex- million for civil legal assistance, $25 The budget request was particularly cept for a one or two major policy million for rural domestic violence pro- disappointing given the one hundred issues this is a decent bill. Many—but grams, $11.5 million for court appointed plus lawsuits currently pending against not all—of the administration’s prior- special advocates, and $11.0 million for NOAA due to a lack of scientific data. ities were addressed to some extent. college campus programs. Madam President, at present, we gen- Likewise many—but not all—of the pri- There is one issue within the Depart- erate more than 30% of our gross do- orities of our colleagues were addressed ment of Justice for which I am dis- mestic product from coastal areas, and to some extent. It is with regret that I appointed we did not provide funding— nearly one out of every six jobs is ma- cannot support this bill at this time. I the Justice Department’s Lawsuit rine-related. By the end of this decade, cannot support an effort that starts against the Tobacco industry. I appre- about 60% of Americans will live along down the slippery slope of the U.S. ciate Senator GREGG’s effort to reach a our coasts. We cannot ignore the stress Congress telling the Department of middle ground between those members and strain of this growth on our coast- Justice who they can and cannot sue. who want to prevent DOJ from bring- al environment, and we must continue It is my hope that this issue will be ing a lawsuit, and those who want to to strive for better management of our corrected should this conference report provide DOJ with adequate resources marine resources. Of course, these ef- pass the Senate and be vetoed by the to do their job. It is the U.S. court’s re- forts are nothing new. Three decades President.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.016 pfrm01 PsN: S27PT1 S11236 CONGRESSIONAL RECORD — SENATE October 27, 2000 I would like to take a moment before COPS Methamphetamine Drug Hot about missing children on-line. Infor- closing to acknowledge and thank Sen- Spots Program for clean-up activities. mation reported to the Center is com- ator GREGG’s staff—Jim Morhard, We have also made available for State piled and made accessible to law en- Kevin Linskey, Paddy Link, Dana and local law enforcement agencies forcement officers all over the con- Quam, Clayton Heil, and Katherine $28.5 million for their methamphet- tinent. The Center dedicates signifi- Hennesey—and my staff—Lila Helms amine enforcement and cleanup efforts. cant resources to preventing and re- and Sonia King—for their hard work Of course, methamphetamines are sponding to incidents of cyber stalking. and diligence in bringing together a not the only problem. We provide $28.8 Overall, this bill includes more than bill that does everything I have just million to DEA for its heroin-related $830.0 million for juvenile programs mentioned and more. They have efforts. Because drug traffickers are through the Office of Justice programs, worked nonstop in a straightforward highly adaptive, we must have the abil- the juvenile justice budget, and the and bipartisan manner, to deliver the ity to respond where ‘‘hot spots’’ arise. COPS program. bill that is before the Senate today. The bill provides $24.2 million for Re- Our dedication to communities and This bill could not have come together gional Drug Enforcement Teams and families is also captured in our support without their efforts and I thank them $53.9 million for Mobile Enforcement of the Violence Against Women Act for all of their hard work. Teams. programs, which address domestic vio- Mr. GREGG. Madam President, I To aid those communities that have lence and its effects. For fiscal year want to speak about the appropriations suffered because of the presence of drug 2001, we fund the program at $288.7 mil- agreement for the Departments of dealers, we provide $34.0 million in di- lion. This includes funding for legal as- Commerce, Justice, and State, the Ju- rect funding for the Weed and Seed pro- sistance, rural domestic violence ini- diciary, and Related Agencies for fiscal gram. This program distributes grant tiatives, and court-appointed-special year 2001. This bill is part of the D.C. funding to qualified neighborhoods so advocates. Appropriations bill and I thank the that they can weed out criminals in At my request, this bill also rec- Senator from Texas for her help on this their communities while seeding new ommends $11.0 million for grants to ad- matter and everyone else on the sub- prevention and intervention services to dress violence on college campuses. committee. help revitalize the neighborhood. Grantees use these funds to expand de- I cannot tell you how hard we have The drug problem in the United fense classes; to make capital improve- tried to work with OMB and the White States is so pervasive that over 480 ments, such as installing emergency House on this bill. I find it hard to be- drug courts have evolved to handle phones and improving lighting on cam- lieve that they want to veto the bill these particular cases. This bill in- puses; and to train campus administra- based on what is in here. The main cludes $50.0 million through the Office tors and students on how to deal with issue they have difficulty with is on of Justice Programs for drug courts; violence and its after effects. immigration and it was never re- additional funding can be obtained On a related topic, the conference quested by the President and is not an through the Local Law Enforcement agreement directs the Center for Sex appropriations matter. Block Grants or the Juvenile Account- Offender Management to develop a sys- This bill does include $38.0 billion for ability Block Grants. tem through which local law enforce- these agencies. I believe the funding Moving on to another important pro- ment can notify communities when a levels in this bill will allow the depart- gram in this bill, we continue the Safe sex offender has been released and is ments and agencies funded by it to ful- Schools Initiative. This initiative was living nearby. fill their mandates. one the Ranking Member and I spon- Law enforcement is Justice’s pri- The first title in this bill is the De- sored in 1999 just after the Columbine mary mission, and there are several partment of Justice. We provide $21 bil- massacre. For fiscal year 2001, we pro- key components. The U.S. Marshals are lion, an increase over last year’s level. vide a total of $227.5 million for State responsible for protecting our Federal Within Justice, there are a number of school programs with $180.0 million for judges and courthouses, for serving issues that stand out. school resource officers and $15.0 mil- legal papers in Federal cases, and for This bill provides comprehensive lion for school technology. This pro- recapturing fugitives. The $604.3 mil- counter drug funding. It is our goal to gram gives school administrators re- lion recommended for the Marshals provide the resources to protect our sources to enhance safety measures. It provides funds for new initiatives to communities from the violence associ- grants them the flexibility to imple- apprehend the most dangerous fugi- ated with illegal drugs. One of the most ment decisions on how best to main- tives; outfit and man new courthouses; prevalent concerns in this area is the tain a safe learning environment with- and reduce the backlog of security up- production of methamphetamine. The out impacting funding for educational grades at old courthouses. Drug Enforcement Agency (DEA) has programs. The recommendation provides $4.6 reported an increase in clandestine lab The final agreement contains funding billion for the Immigration & Natu- seizures nationwide. In 1997, 3,327 labs for after-school youth programs. A ralization Service, INS; $1.5 billion of were seized by Federal, State, and local leader in this category is the Boys and this is derived from fees. The amount law enforcement. By 1999, that number Girls Clubs of America. For this rea- provided improves our posture on the had escalated to 7,060. son, $60.0 million is available for their border, expands efforts to apprehend il- Although the number of clandestine programs. legal aliens in the interior, increases methamphetamine labs has almost Additionally, Juvenile Mentoring resources for naturalization backlog doubled since 1997, the President in- Programs, JUMP, receive $16.0 million. reduction, and begins to tackle the na- cluded no funding to combat meth- These programs, including Big Broth- tionwide backlog on INS construction, amphetamine production, trafficking, ers/Big Sisters, foster healthy relation- maintenance, and repair. and use in his FY 2001 budget request. ships between at risk youth and re- An appropriation of $3.2 billion is We remedy that mistake here. sponsible adults. dedicated to the FBI. This includes Our recommendation includes a total The next item is of particular inter- $67.5 million for the National Instant of $76.9 million for methamphetamine est to me. The Missing Children pro- Criminal Background Check System, initiatives. We provide $25.9 million for gram is one that continues to show NICS, used by gun dealers to prevent investigations and day to day oper- positive results, and is funded at a the sale of weapons to individuals who ations on methamphetamine cases, in- level of $23.0 million. Within this are prohibited from owning a gun. We cluding maintaining a database of labs amount, $6.5 million is provided for in- have reiterated the Senate rec- around the country. vestigative cyber units for State and ommendation that no fees be charged Since the bi-products from meth- local law enforcement agencies and to conduct these checks. amphetamine production are haz- $11.4 million for the National Center The FBI Crime Lab is famous for its ardous, explosions or fires often result for Missing and Exploited Children. forensic capabilities, and many States and specially equipped teams are sent One of the Center’s most valuable re- rely on its scientific expertise. The bill in to clean-up the lab sites. We provide sources is the Cyber TipLine, which al- provides $137.3 million for forensic $20 million to the DEA through the lows individuals to report information services within the Bureau.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.017 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11237 DNA testing is just one example of We have named the incorporated pro- We are providing significantly less an important emerging forensic vision after Amy because its goal is to money this year for the census because science. The FBI reported a 15 percent ensure that no more stalkers can easily most of the activities supporting the increase in the number of cases aided use Social Security numbers for their decennial census have been concluded. this year by having DNA profiles avail- nefarious acts. Amy Boyer’s Law pro- The Committee provides $433.6 million able in a national database. Our rec- hibits the display or sale to the public to conclude Census 2000 and maintain ommendation includes $1.4 million for of any person’s Social Security number normal operations for fiscal year 2001. the National Offender Database, which without that individual’s consent. It The conference agreement provides stores the DNA profiles of convicted imposes civil and criminal penalties on funding to permit the initiation of an criminals. those who violate this law. effort to include a measurement of This legislation, while banning im- The Internet has created numerous electronic business in the fiscal year proper or fraudulent uses of social se- social and economic benefits in the 2002 economic census. The Committee’s curity numbers, does preserve the le- United States and around the world. funding level should also permit the gitimate uses of Social Security num- Unfortunately, it is also an efficient Bureau to continue issuing key reports bers by such groups as the National medium by which crimes can be com- on manufacturing, general economic, Center for Missing and Exploited Chil- mitted. and foreign trade statistics which are dren, the Big Brothers/Big Sisters of The conference agreement includes so important to the U.S. business com- America, and the Association for Chil- an increase to $3.9 million for the FBI’s munity. Computer Analysis and Response dren for the Enforcement of Support, Teams and $30.5 million for its digital ACES, as well as banks, insurance com- Moving on to the scientific side of storm program. In addition, we con- panies, and others who use these num- the Commerce Department, this bill in- tinue funding levels for the Field Com- bers to prevent fraud. I am confident cludes $100.4 million for the National puter Crime Intrusion Squads, which that this legislation is crafted in such Telecommunications and Information are highly trained computer experts a way as to balance the many concerns Administration. From within this available on demand to field offices. Fi- surrounding the use of Social Security funding, $43.5 million is for the public nally, $5.5 million is recommended for numbers. I believe that passing Amy telecommunications grant program the Special Technologies Applications Boyer’s Law is one of the most impor- and $45.5 million is for information in- Unit of the National Infrastructure tant things that Congress can accom- frastructure grants. Protection Center, a clearinghouse for plish this year. The President believes solving the Federal cases dealing with cyber crime. The next title in the bill is the De- digital divide is a government obliga- We aggressively fund State and local partment of Commerce and its related tion. He requested $50.0 million to pro- law enforcement assistance, providing agencies. Title II is funded at a level of vide new Home Internet Access grants. $2.8 billion. $4.7 billion. Neither the House nor Senate bills in- COPS is funded at $1.03 billion. A One of the primary functions of Com- cluded funding for this program. How- large portion of this amount is for hir- merce is to generate a comprehensive ever, the President made this a pri- ing initiatives. This high level of fund- international trade policy for our coun- ority and raised it in discussions with try. Many agencies play a part in this ing also allows law enforcement agen- us, so we have directed $30.0 million effort. For the agency that has the lead cies to upgrade technology. For pro- into the Information Infrastructure on negotiating trade agreements, we grams funded under the Crime Identi- Grants as a compromise position. provide $29.5 million for the United fication Technology Act, $130.0 million States Trade Representative, USTR. However, I note that in an earlier is available. There is an additional To one of its supporting agencies, the age, public libraries were created to $140.0 million for non-CITA technology International Trade Commission, we give those without the resources to needs. provide $48.1 million. Their statutory maintain a personal book collection In order to get this bill passed with- mandate also includes enforcing dump- access to information. The Schools and out a veto, we have also provided $25.0 ing and counterveiling duty actions in Libraries program was created in 1996 million for community prosecutors and accordance with the World Trade Orga- to provide access to the Internet for $75.0 million for gun prosecutions. The nization and General Agreement on every American visiting a library and agreement limited these funds to pros- Tariffs and Trade. to school children. ecutions of individuals who committed The International Trade Administra- Just as Enoch Pratt and Andrew Car- crimes with firearms. tion is responsible for promoting ex- negie endowed public libraries through- Separate from COPS funding we pro- ports and provides information on Fed- out the country, the high tech industry vide funding for the programs that eral Government export assistance to has the ability and the wealth to cre- Congress traditionally supports. There individuals and businesses. We provide ate an endowment for addressing the is $523.0 million available for the Local $337.4 million. This level includes addi- so-called digital divide. Every person Law Enforcement Block Grants, $569.0 tional funding to increase trade en- in America who has a phone contrib- million for the Edward Byrne Grants, forcement and compliance activities, utes to the Universal Service fund, and $686.5 million for State Prison in concert with USTR. Of particular which provides funds for the Schools Grants. importance are the funds included in and Libraries program. I do not believe The last item I want to talk about in this bill for compliance activities with that asking Americans to contribute the Justice section of this bill is my respect to China, Japan, and the Euro- additional funds to bring Internet ac- proposal on how to prevent misuse of pean Union. The bill also continues cess to homes is the way to solve the Social Security numbers. funding for the core programs within so-called digital divide. We have incorporated language that the agency. One of the agencies whose goals is to will protect people from the improper The bill includes $64.9 million for the use of Social Security numbers. We Bureau of Export Administration stimulate economic competition and must protect individuals when access which is an increase of roughly $10.8 innovation is the National Institute for to an individual’s most personal infor- million over the fiscal year 2000 appro- Standards and Technology, NIST. This mation is wrongly obtained. priation. The Committee increases agency provides industry with assist- A recent example of the gross misuse funding for export cooperation for the ance to leverage their efforts in tech- of a Social Security number happened implementation of the Chemical Weap- nological advances and infrastructure in Nashua, New Hampshire, just one ons Convention. enhancements that benefit all of us by year ago. Amy Boyer was murdered by Also, increased funds are provided to keeping U.S. companies on the cutting a stalker who was able to purchase her assist in export enforcement in the edge. Social Security number on the Inter- area of counterterrorism and computer NIST’s funding level is $598.3 million net. The social security number gave export verification to ensure that high for fiscal year 2001. Of this amount, him access to information so that he technology exports are being used for $312.6 million is for scientific and tech- was able to track her down and kill peaceful purposes and not for prolifera- nical research and services programs; her. tion of weapons of mass destruction. $155.0 million and carryover funding

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.048 pfrm01 PsN: S27PT1 S11238 CONGRESSIONAL RECORD — SENATE October 27, 2000 are available for the Advanced Tech- ing of $125.0 million is provided for this United States contests millions of dol- nology Program (ATP), and $105.1 mil- office within NOAA in fiscal year 2001. lars in payments to the United Nations lion for the Manufacturing Extension In addition, funding is provided else- because their billing procedure is out- Program (MEP). where in the bill for the acquisition of dated and does not reflect the fiscal ca- Also, $10 million is provided to de- both geostationary and polar-orbiting pacities of the current member states. velop new measurements, test meth- satellites. For decades, the United States has ods, and guidelines to better protect The next title in our bill covers the been levied to pay roughly one-third of the information technology elements Judiciary. For the third branch of gov- peacekeeping efforts even though it is of the Nation’s critical infrastructure, ernment we provide an increase to $4.25 an obligation of all 188 United Nations of which our cyber infrastructure is a billion. We provide conditional funding members. We will continue to encour- key component. NIST’s research re- for the cost of living adjustment for age other members who have rebuilt sults are made publicly available so the justices and judges. However, the and financially recovered from the rav- that all may benefit from its findings Senate Committee language ending the ages of the Twentieth Century’s wars. and suggestions. ban on honoraria for judges was not in- They must step up and take over a Another agency within the Depart- corporated into this final agreement. more proportionate share of the finan- ment with scientific expertise is the Now, for the last department in this cial burden of current peacekeeping en- National Oceanic and Atmospheric Ad- bill, we provide $6.6 billion to the State deavors. ministration. The bill before you in- Department. This is an increase over This bill contains a handful of re- cludes $2.6 billion for NOAA, and the the fiscal year 2000 level for the depart- lated agencies that act independently five major line offices within NOAA are ment. of the departments within this bill, and funded as follows: the National Ocean After the Dar Es Salaam and Nairobi comprise $2.2 billion of the total of this Service at a level of $290.0 million; the bombings, we poured funding into bill. National Marine Fisheries Service State Department security, but we em- The first of these agencies is the (NMFS) at $517.0 million; the Office of phasized the need for a cohesive plan Maritime Administration which is re- Oceanic and Atmospheric Research at that had the capability of being effec- sponsible for administering several $323.0 million; the National Weather tive. The past performance of the De- programs for the maritime industry re- Service at $630.0 million; and, the Na- partment and resulting plans have not lating to U.S. foreign and domestic tional Environmental Satellite, Data allayed the misgivings we have about commerce and our national defense. and Information Service at a level of their handling of the billions of dollars The bill includes a total of $219.6 mil- $125.0 million. we appropriate to them. lion for its efforts. Within this level, Within the National Ocean Service, We are disturbed by the security the Maritime Security Program re- $28.25 million for the National Estua- breaches. The State Department was ceives $98.7 million. The Maritime rine Research Reserve program. We not just lax with security overseas, but Guaranteed Loan Program (Title XI) is continue the efforts to reduce the that it has been less than stellar at its funded at $34.0 million. In addition, backlog of NOAA mapping and chart- headquarters here in Washington. $10.0 million in carryover balances ing as well as to map shorelines. The From losing 16 laptop computers and from prior fiscal years are available for bill supports the Coastal Zone Manage- letting press agents roam unattended this purpose. ment grants at a level of $52.0 million through its corridors, the State De- The final bill before you includes an and the Great Lakes Environmental partment’s security plans remain of increase over last year’s funding level Research Lab at the Senate level of $7.0 grave concern. We are providing the for the Federal Communications Com- million. funding but are not seeing improve- mission to $230.0 million. Under the National Marine Fisheries ments. The Small Business Administration Service, we assist the collecting of sci- This bill gives the State Department (SBA) is one of the larger independent entific data on healthy fisheries as well substantial resources to address its re- agencies in this bill. We provide $837.0 as those that are threatened. Protec- quirements. The funding levels include million for the SBA. Within this tion for threatened and endangered $410 million for worldwide security amount, $88 million is appropriated for species continues. For NMFS Informa- under Diplomatic and Consular Pro- the Small Business Development Cen- tion, Collection, and Analysis pro- grams. We also provide $663.0 million in ters; $15.0 million for PRIME; $3.8 mil- grams, the bill provides $120 million. security-related construction under the lion for SCORE; and, $4.0 million for The funding levels included in the Embassy Security, Construction, and the Veteran’s Outreach program. bill for the Office of Oceanic and At- Maintenance account. For SBA’s business loan program ac- mospheric Research support several The agreement includes a sizeable in- count, the bill provides a total of $294 important programs of interest to the crease over last year’s levels for Cul- million in fiscal year 2001. This funding Senate. The Sea Grant College program tural and Educational Exchange Pro- level provides a program level of $10.4 continues at a level of $62.25 million grams, providing $231.6 million—an billion for 7(a) loans. and $15.8 million for the National Un- amount above the President’s original For the SBA disaster loan program, a dersea Research Program. request and the Senate and House lev- total of $186.5 million is included to Climate and Air Quality research is els. The funding is used to bring indi- cover loans and the administration of funded at $68.5 million. A new climate viduals together, professionally and the program. initiative was requested for fiscal year culturally, to share experiences to fos- The last two agencies I want to men- 2001, and while the conference could ter peace and understanding among tion are the Federal Trade Commis- not support the total request of $24.0 multiple countries and the United sion, FTC, and the Securities and Ex- million, there is a recommendation of States. My colleagues may be familiar change Commission, SEC. We have $9.25 million for initiating the ocean with the Fulbright, International Visi- given both these agencies increases observations component of the pro- tors, and English Teaching Fellows this year, funding the FTC at a level of posal. programs that are included in this ac- $147.2 million and the SEC at a level of The National Weather Service touch- count. $422.8 million. The Internet has caused es all of our lives, and provides the Lastly in State, we provide $299 mil- a fundamental change to both these warnings to protect life and property. lion to cover our country’s regular agencies as they try to put in place The Committee funds Weather Service dues to the United Nations and $846 mechanisms to prevent fraud in the Operations and Research and systems million for U.N. peacekeeping. electronic market place. acquisitions at $630.8 million. We remain concerned that the United The FTC has brought 100 cases NOAA’s National Environmental Sat- Nations continues to levy peace- against 300 companies and individuals ellite, Data and Information Service keeping payments against us based on for Internet fraud. As Internet access operates the satellites which provide a percentage system setup during the expands and more Internet businesses data used by the Weather Service to 1970s connected to estimates on what come on-line, the need for these agen- track hurricanes and to provide guid- member countries could afford to pay cies to have a strong presence in the ance for forecasts and warnings. Fund- for such ventures at that time. The market increases. There is a need to

VerDate 27-OCT-2000 04:03 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.050 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11239 protect consumers, and particularly el- tions, Paddy was the staff director of that competition would replace regula- derly consumers who are prone to at- the Senate Commerce Committee tion in restraining prices, passed legis- tacks, from ever varying fraudulent under former Chairman Larry Pressler lation terminating the FCC’s right to schemes. In 1999, consumers were esti- and had a critical role in writing and regulate the price of basic cable in mated to have spent $20.2 billion on passing the Telecommunications Act of March 1999. Unfortunately, competi- line, and the expectation is that this 1996. tion has not emerged as fully as I number will grow almost exponentially We miss her political acumen as well would have liked. According to the over the next 4 years. as her sense of humor. We wish her the FCC’s latest report only 157 commu- We are providing additional funding best of luck in the future. nities out of 33,000 communities across for investigators and prosecutors with- Mr. HOLLINGS. Mr. President, the America have ‘‘effective competition.’’ in both the SEC and FTC to grow with Broadwave affiliates of Northpoint In fact, in many communities in Ha- the impending surge of activity. We Technology proposes to share the spec- waii, consumers have no cable service provide funding to expand Consumer trum currently being used by the Di- at all. Sentinel so that international law en- rect Broadcast Satellite (DBS) services Northpoint Technology and its forcement officers will have access to in the 12.2–12.7 GHz frequency bands. Broadwave affiliates want to provide it. Through the use of its technology in low cost multi-channel video and data The strong presence we promote the 12.2–12.7 GHz band, Northpoint has services in every television market in throughout this bill in the cyber-world the potential to provide much needed the United States. Therefore, it is crit- is not one derived from statutory and competition to cable by offering low ical that Congress and the FCC take regulatory restrictions, but achieved cost multichannel video services and the actions necessary to resolve shar- instead through the presence of enforc- high-speed Internet access. ing and other technical and policy A provision, however, addressing ers of existing laws that will aggres- issues quickly with respect to the ap- sharing issues in the 12.2–12.7 GHz band sively seek out those who abuse the plications of the Broadwave affiliates. has been added to the ‘‘Launching Our Internet. I have made a point of men- Furthermore, these applications are Communities’ Access to Local Tele- tioning throughout this summation the subject to a Congressional mandate vision Act of 2000’’ (also referred to as key Internet initiatives within the (Section 2002 of S. 1948, the Satellite the Rural Loan Guarantee bill). Sec- agencies and departments because it is Home Viewer Improvement Act) that tion 12 of this Act imposes three gen- such a critical issue for all of us. requires the FCC by November 29, 2000 eral requirements. First, it requires Its importance will continue to grow. to grant or deny applications such as that a terrestrial wireless applicant We have bolstered Federal agencies’ ef- those of the Broadwave affiliates, that proposing to use the 12.2–12.7 GHz band forts to stay on top of Internet ad- can provide television service in rural have its technology subjected to an vancements and maintain areas. The technical sharing analysis independent demonstration or have its functionality in the technological required by the ‘‘Launching Our Com- technical showings subjected to an world. munities’ Access to Local Television This bill effectively uses our re- independent analysis to determine Act of 2000’’ does not obviate the legis- sources to provide adequate funding for whether the technology will cause lative obligation imposed by S. 1948. the agencies under our jurisdiction. It harmful interference to DBS operators. Therefore, the FCC should do whatever addresses the most pressing needs that Second, the Federal Communications is necessary to meet its November 29, were brought to our attention by the Commission is required to select an 2000 obligations. Administration and by my colleagues. independent engineering firm rec- Chairman ROGERS, the Ranking Mem- ommended by the IEEE or other simi- Mr. KERRY. Mr. President, I am bers, and I have worked together with lar body to analyze the technologies pleased that the controversy sur- the members of the Committee to craft proposed in the pending wireless terres- rounding Section 12 of this bill, Section a bipartisan bill to recommend to both trial applications. Third, the dem- 1012 of Commerce, Justice, State and our houses. I do want to thank my col- onstration or analysis must be con- the Judiciary Appropriations con- league from South Carolina for his ef- cluded within 60 days of enactment of ference report, has been resolved. Al- forts in creating this bill. He remains a the Rural Loan Guarantee bill and the though I believe the new provision is leader on many of the issues we ad- comment cycle cannot exceed an addi- unnecessary, I hope that requiring a dress. I urge my colleagues to adopt tional 30 days. Lastly, I want to note technical demonstration to resolve this funding agreement. that enactment of this provision by harmful interference questions in the Madam President, I would also like Congress does not release the FCC from 12.2 GHz band will put this issue to to acknowledge today the dedication of its obligations under section 2002 of rest. However, let me be clear that I one of the staffers who drafted portions SHIVA. support Section 12 with the under- of this effort who has retired from Fed- In my home state of South Carolina, standing that it does not supercede or eral service. there are Broadwave affiliates awaiting otherwise impact relevant provisions Paddy Link served on the Committee regulatory approval so that they can in the Satellite Home Viewers Im- for 4 years dealing with the Federal begin to provide service. Therefore, I provement Act (Public Law 106–113, 113 Communications Commission, FCC, expect that the testing required under Stat 1501)) which require the FCC to the Commerce Department, the Small the Rural Loan Guarantee legislation complete by November 29, 2000, the Business Administration, and many will constitute the final interference processing of applications and other other agencies. She was an expert in analysis needed to evaluate sharing re- authorizations for local facilities that FCC and NOAA. Her astute evaluation quirements between terrestrial appli- can provide local television and and handling of technical concepts cants with pending applications and ex- broadband services to rural and under- made her a valued part of the Com- isting DBS service providers. Moving served areas. mittee. She has in-depth knowledge of this proceeding forward is important, Northpoint Technology and its 69 the people and issues in the areas she because if Northpoint is able to obtain Broadwave affiliates applied on Janu- worked on which gave her much appre- the necessary regulatory authoriza- ary 8, 1999, to provide lower cost multi- ciated insight on the issues the Com- tions, it will not only be able to pro- channel video and data services in mittee had to tackle. vide competition to cable, but through every television market in the United She provided decades of Federal serv- its affiliate structure, it also will af- States. Northpoint’s technology is par- ice, starting as staff in the House of ford small businesses an opportunity to ticularly innovative and accomplishes Representatives, moving to the Depart- participate in a vibrant segment of the something that is unique in tele- ment of Commerce as a congressional communications marketplace. communications history. Using liaison officer and then to be the direc- Mr. INOUYE. Mr. President, in 1992, Northpoint’s patented system, the tor of the office of legislative affairs Congress enacted legislation regulating Broadwave affiliates will be able to re- for the National Oceanographic and At- the cable industry because of the lack use the 12.2–12.7 band without the need mospheric Administration. Most re- of competition and the resulting high to relocate existing users DirecTV and cently before her time with Appropria- rates. In 1996, Congress anticipating Echostar.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.052 pfrm01 PsN: S27PT1 S11240 CONGRESSIONAL RECORD — SENATE October 27, 2000 Northpoint Technology through its updates this statute to better fit into ly burdensome or duplicative govern- Broadwave affiliates will offer con- today’s economy by raising the min- ment requests for additional informa- sumers in Boston and several other imum size of transaction covered by tion. So our legislation also contains markets the benefits of true competi- the Hart-Scott-Rodino Act from $15 carefully crafted provisions to ensure tion in the marketplace for multi- million to $50 million. This will both that business is not faced with unduly channel video programming and data lessen the agencies’ burden of review- burdensome or overbroad requests for services. In the Telecommunications ing small transactions unlikely to seri- information, while assuring that the Act of 1996, Congress established March ously affect competition and enable antitrust agencies’ ability to obtain 1999 as the sunset on the FCC’s author- the agencies to allocate their resources the information necessary to carry out ity to regulate the price of basic cable to properly focus on those transactions a merger investigation is not ham- service. Congress took this action with most worthy of scrutiny. pered. Specifically, our legislation the anticipation that competition Further, exempting smaller trans- mandates that the FTC and Antitrust would replace regulation in restraining actions from the Hart-Scott-Rodino Division designate a senior official who prices and improving quality in the process will significantly lessen regu- does not have direct authority for the video programming marketplace. The latory burdens and expenses imposed review of any enforcement rec- rapid introduction of Broadwave serv- on small businesses. The parties to ommendation to be designated to hear ice to communities across America will these smaller transactions will no appeals to the appropriateness of the go a long way toward achieving the longer need to pay the $45,000 filing government’s information requests the goals of the 1996 Act and ensuring that fee—or face the often even more oner- so called ‘‘Second Requests’’. The bill consumers enjoy the fruits of competi- ous legal fees and other expenses typi- also sets forth the specific standards tion including greater choice, lower cally incurred in preparing a Hart- that this senior official is to utilize prices and quality service. Scott-Rodino filing—for mergers and when considering such an appeal and Mr. KOHL. Madam President, I rise acquisitions that usually don’t pose mandates that these appeals be heard today in support of the Hart-Scott-Ro- any competitive concerns. in an expedited manner. dino Act reform included in the Com- In exempting this class of trans- In sum, I believe this legislation to merce-Justice-State Appropriations actions from Hart-Scott-Rodino re- be a reasonable and well balanced re- Bill. Our provision updates the law, view, however, it is important that we form of our government’s vital merger which hadn’t been adjusted for infla- not cause the antitrust agencies to lose review procedures. It will make long tion since it was enacted in 1976, and the funding they need to carry out overdue adjustments in the filing makes several improvements to the their increasingly demanding mission thresholds—ensuring review of those merger review process undertaken by of enforcing the nation’s antitrust mergers in most need of governmental the Antitrust Division of the Depart- laws. This bill will reduce the number scrutiny while reducing the burden and ment of Justice and the Federal Trade of Hart-Scott-Rodino filings and there- expense on government and private Commission. It is a bipartisan meas- fore reduce the revenues generated by parties by exempting smaller trans- ure, authored by Senators HATCH, these filings if the filing fees were kept actions from often expensive and time LEAHY, DEWINE and myself and Rep- at their present level. Of course, in a consuming pre-merger filings. It will resentatives HYDE and CONYERS, and it perfect world, we wouldn’t finance the also significantly reform the merger deserves our support. Antitrust Division and the FTC on the review process to ensure that the gov- The Hart-Scott-Rodino Act is crucial backs of these filing fees. But because ernment has sufficient time to analyze to the enforcement of competition pol- they are a fact of life, the antitrust increasing complex merger trans- icy in today’s economy—it ensures agencies should not be penalized by actions, while also adding protections that the antitrust agencies have suffi- these reforms by suffering such a re- so that private parties do not face un- cient time to review mergers and ac- duction in revenues. As a result, in duly burdensome or duplicative infor- quisitions prior to their completion. order to assure that this reform is rev- mation requests. I urge swift passage of The statute requires that, prior to con- enue neutral, we have worked with the this measure. summating a merger or acquisition of a Appropriations Committee to ensure Mrs. HUTCHISON. Madam President, certain minimum size, the companies that this bill raises the filing fees for today we are considering the Con- involved must formally notify the anti- the largest transactions. Consequently, ference report for the District of Co- trust agencies and must provide cer- filing fees are to be increased for trans- lumbia. This conference report also in- tain information regarding the pro- actions valued at over $100,000,000, cludes the Commerce, Justice, State posed transaction. For those trans- which makes sense because these appropriations act. actions covered by the Act, the parties transactions require more scrutiny. We crafted a good bill in conference. to a merger or acquisition may not This legislation makes other changes close their transaction until the expi- designed to enhance the efficiency of We have fully funded the D.C. tuition ration of a waiting period after making the pre-merger review process. The program—which allows D.C. high their Hart-Scott-Rodino Act filing. It waiting period has been extended from school students greater educational also authorizes the government to sub- twenty to thirty days after the parties’ choices beyond the border of this City. poena additional information from compliance with the government’s re- We have fully funded the new metro merging parties so that the govern- quest for additional information, a station in the New York Avenue cor- ment has sufficient information to more realistic waiting period in this ridor, which I know is important to the complete its merger analysis. era of increasingly complex mergers economic development of the City. While this statute has a very laud- generating enormous amounts of rel- We have $3 million in funding for the able purpose, especially with the tre- evant information and documents. Poplar Point environmental clean up. mendous numbers of mergers and ac- And, as in the Federal Rules of Civil We have increased funding for the quisitions taking place in recent years, Procedure, when a deadline for govern- Courts. The salaries of Court employ- some of its provisions are in need of re- mental action occurs on a weekend or ees are 19 percent below the level of vision. Most importantly, while infla- holiday, the deadline is extended to the federal court employees—thus—it is be- tion has caused the value of a dollar to next business day. This simple provi- coming increasingly difficult to keep a drop by more than a half in the past 25 sion will eliminate gamesmanship by quality workforce. years, the monetary test that subjects parties who currently may time their Our bill also increases the budget for a transaction to the provisions of the compliance so that the waiting period offender services so that we continue statute has not been revised since the ends on a weekend or holiday, effec- the program of drug testing and treat- law’s enactment in 1976. As a result, tively shortening the waiting period to ment for offenders who are on proba- many transactions that are of a rel- the previous business day. tion or awaiting trial. atively small size and pose little anti- Finally, in recent years many have Much as been said in the past about trust concerns are nevertheless swept expressed concerns regarding the dif- ‘‘riders’’ to the District budget. This into the ambit of the Hart-Scott-Ro- ficulties and expense imposed on busi- year, we have eliminated over 30 of last dino review process. This legislation ness in complying with allegedly over- year’s riders.

VerDate 27-OCT-2000 02:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.126 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11241 The bill will authorize the District’s Making our border more secure— The question is on agreeing to the planned tobacco securitization pro- makes every American city more se- conference report. gram—the proceeds of which will be cure from the scourge of drugs. The clerk will call the roll. used to reduce debt or build reserves. The Conference report provides for With respect to the District’s re- the hiring of over 400 new border The assistant legislative clerk called serves, we have restructured the re- agents. I would have preferred a higher the roll. serve funds of the District so they can number—but the Administration has Mr. NICKLES. I announce that the function more efficiently. This is prob- dragged its feet on higher agents in the Senator from Missouri (Mr. ASHCROFT), ably the most important reform in this past—so we know this is a realistic the Senator from Montana (Mr. bill. goal for next year. BURNS), the Senator from Minnesota The District is supposed to hold a It provides $15 million in equipment (Mr. GRAMS), the Senator from North $150 million reserve now—and a budget upgrades for the border patrol. Carolina (Mr. HELMS), the Senator surplus of 4 percent of revenues. It provides greater funding for DEA, from Arizona (Mr. MCCAIN), and the But we found last year that the Dis- with emphasis on helping drug threats Senator from Delaware (Mr. ROTH) are trict wanted to dip into the emergency at the State and local level. necessarily absent. reserve funds for things that are con- The Conference report also addresses I further announce that, if present sidered ordinary expenses. We also the ‘‘upstream’’ effect of more law en- and voting, the Senator from Montana forcement on the border. found that the reserves were really hol- (Mr. BURNS), and the Senator from What has happened is this: as we low—entirely dependent on how much North Carolina (Mr. HELMS) would each cash flow the District had on any given have increased our law enforcement vote ‘‘yea.’’ day. presence on the border—a strain has I didn’t think this was good enough been felt on our judiciary system. Mr. REID. I announce that the Sen- for this City. The bond markets want This bill provides for 13 new U.S. At- ator from Illinois (Mr. DURBIN), the and need reassurance that the Dis- torneys along the Southwest border— Senator from California (Mrs. FEIN- trict’s financial turnaround is sound. where they are desperately needed. The STEIN), and the Senator from Con- We have restructured the District’s five U.S. courts along the border are necticut (Mr. LIEBERMAN) are nec- reserves so that they will have both an the busiest courts in the Nation—han- essarily absent. emergency reserve and a contingency dling 26 percent of all the criminal I further announce that, if present reserve. This is modeled on the prac- cases in the United States. These new and voting, the Senator from Illinois tices of other cities. And, most impor- positions are desperately needed. (Mr. DURBIN) would vote ‘‘no.’’ tantly, when established, these re- The bill also provides for two new The PRESIDING OFFICER. Are there serves will be in cash and will be held Federal judges one in the Southern and any other Senators in the Chamber in separate accounts, earning interest. one in the Western judicial district in who desire to vote? The contingency reserve, which will Texas. I sponsored the bill to create 13 be 3 percent of their budget, is for un- new judgeships along the border. I The result was announced—yeas 49, anticipated expenses, like court orders, would have preferred the full number of nays 42, as follows: new federal mandates or extremely bad judgeships, but I am pleased the Com- [Rollcall Vote No. 289 Leg.] weather. It will be more flexible. mittee has accommodated the need for The emergency reserve, which will be new judges in my State. YEAS—49 4 percent of their budget, is for ex- The bill does not provide badly need- Abraham Fitzgerald Miller Baucus Frist Murkowski traordinary needs, like natural disas- ed salary increases for border patrol Bennett Gorton Nickles ters. It will be the backing for the fi- agents, which the Senate has passed Bond Gramm Roberts nancial soundness we seek. and fought to produce. I will continue Breaux Gregg Santorum In consultation with the CFO and the Brownback Hagel Smith (NH) to press to bring our Border Patrol in Bunning Hatch Smith (OR) Mayor, we allow the District a seven line with all other border government Byrd Hutchinson Snowe year glide path to establish these re- salary schedules. Campbell Hutchison Specter serves, but both have assured me the It is regrettable that the President Chafee, L. Inhofe Stevens Cochran Jeffords Thomas tobacco securitization program will be has threatened to veto this bill, par- Collins Kyl Thompson used to fund this emergency require- ticularly over the immigration provi- Craig Lincoln Thurmond ment now. There could be no better use sion. I believe we have struck a bal- Crapo Lott Voinovich than this and debt reduction. anced approach on this issue in this DeWine Lugar Warner Domenici Mack The District has had a dramatic fi- bill. Enzi McConnell nancial recovery. I consider this the President Clinton’s plan would grant last leg of the financial plan. This will broad amnesty to immigrants that ar- NAYS—42 serve as a true ‘‘rainy day’’ fund—one rived between 1982 and 1986. Our Border Akaka Graham Mikulski that is ready and able to be tapped in Patrol Officers have said ‘‘a new am- Allard Grassley Moynihan Bayh Harkin Murray those circumstances. nesty would encourage innumerable Biden Hollings Reed To conclude, although the President others to break our laws in the future.’’ Bingaman Inouye Reid has indicated he has reservations about I couldn’t agree more. Boxer Johnson Robb the CJS bill—he has indicated that the Our proposal would provide greater Bryan Kennedy Rockefeller Cleland Kerrey Sarbanes D.C. portion of the conference report is due process to those who believe they Conrad Kerry Schumer a bill he would sign. were wrongly denied amnesty. We also Daschle Kohl Sessions Madam President, let me now turn to shorten the waiting period for spouses Dodd Landrieu Shelby Dorgan Lautenberg Torricelli the Commerce, Justice, State provi- and children to join their relatives in Edwards Leahy Wellstone sions. the United States. These relatives will Feingold Levin Wyden I want to thank the Chairman and likely be able to immigrate legally the Ranking Member for their work on soon, but we allow them to come to the NOT VOTING—9 this bill. They have worked very hard U.S. while their petitions are awaiting Ashcroft Feinstein Lieberman to put more federal resources on our action. This is a reasonable proposal Burns Grams McCain Durbin Helms Roth border, though we still have a long way the President should accept. to go. Madam President, I will yield the The conference report was agreed to. These are not resources just for floor and urge my colleagues to sup- Mr. CRAIG. Madam President, I Texas. The drugs that come into the port the bill. move to reconsider the vote. United States along the Southwest bor- Mrs. HUTCHISON. Madam President, der will find their way into every city I ask for the yeas and nays. Mr. GREGG. I move to lay that mo- in the United States. The Southwest The PRESIDING OFFICER. Is there a tion on the table. border is ground zero in the war sufficient second? The motion to lay on the table was against drugs. There is a sufficient second. agreed to.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.100 pfrm01 PsN: S27PT1 S11242 CONGRESSIONAL RECORD — SENATE October 27, 2000 MAKING FURTHER CONTINUING NOT VOTING—11 no necessity for it at this moment. I APPROPRIATIONS FOR FISCAL Ashcroft Grams McCain know as many Senators as possible will YEAR 2001—Continued Burns Helms Roth want to be here and know when the Durbin Hutchison Sessions vote is coming. I presume that would The PRESIDING OFFICER. The Feinstein Lieberman question is on the third reading of the probably be sometime during the day The bill (H.J. Res. 117) was passed. Tuesday—probably late afternoon—but bill. Mr. LOTT. Madam President, I move The bill (H.J. Res. 117) was ordered to we will talk about that. Members will to reconsider the vote. have as much advance notice on that a third reading and was read the third Mr. CRAIG. I move to lay that mo- time. as possible. tion on the table. f The PRESIDING OFFICER. The joint The motion to lay on the table was resolution having been read the third agreed to. MORNING BUSINESS time, the question is, Shall the joint f Mr. LOTT. Mr. President, I ask unan- resolution pass? imous consent that there be a period Ms. LANDRIEU. I ask for the yeas ORDERS FOR SATURDAY, OCTOBER 28, AND SUNDAY, OCTOBER 29, 2000 for morning business, with Members and nays. permitted to speak therein for 10 min- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The ma- utes each, with the exception of the sufficient second? jority leader is recognized. Senator from Utah, Mr. HATCH, for up There is a sufficient second. Mr. LOTT. Madam President, I ask to 30 minutes and Senator KERREY of The clerk will call the roll. unanimous consent that when the Sen- Nebraska for up to 30 minutes. The legislative clerk called the roll. ate completes its business today, it Mr. DASCHLE. Reserving the right Mr. NICKLES. I announce that the stand in recess until 9:30 a.m. on Satur- to object—and I have no intention of Senator from Missouri (Mr. ASHCROFT), day, and immediately following the objecting—the distinguished deputy the Senator from Montana (Mr. routine convening requests, the Senate Democratic leader noted that he had a BURNS), the Senator from Minnesota proceed to the continuing resolution number of requests to speak on Sun- (Mr. GRAMS), the Senator from North and a vote occur without any inter- day. I wonder if the majority leader Carolina (Mr. HELMS), the Senator vening action, motion, or debate on would mind if we move the time from 5 from Texas (Mrs. HUTCHISON), the Sen- passage of the House joint resolution. to 4 to accommodate speakers who ator from Arizona (Mr. MCCAIN), the I further ask unanimous consent that wish to come in. Senator from Delaware (Mr. ROTH), and when the Senate completes its business Mr. LOTT. We could perhaps go later the Senator from Alabama (Mr. SES- on Saturday, it stand in recess until 5 Sunday night. I think we can accom- SIONS) are necessarily absent. p.m. on Sunday, and immediately fol- modate that. Give me a chance to see if I further announce that if present lowing the routine convening requests, there is any problem because I already and voting, the Senator from North the Senate proceed to the House joint told people it is going to be 5. I will get Carolina (Mr. HELMS) would vote resolution regarding continuing of back to the Senator. We will try to ac- ‘‘yea.’’ Government funding, and time between commodate that. I guess some Sen- Mr. REID. I announce that the Sen- then and the vote be equally divided, ators would want to speak late Sunday ator from Illinois (Mr. DURBIN), the and following the use of the time, a afternoon. I can’t imagine who it would Senator from California (Mrs. FEIN- vote occur, without any intervening be, but perhaps some would. Give me a STEIN), and the Senator from Con- action, motion, or debate on passage of few minutes. necticut (Mr. LIEBERMAN) are nec- the House joint resolution. Mr. DASCHLE. I have no objection. essarily absent. The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. BEN- I further announce that if present objection, it is so ordered. NETT). Without objection, it is so or- and voting, the Senator from Illinois f dered. Mr. LOTT. Mr. President, I modify (Mr. DURBIN) would vote ‘‘yea.’’ PROGRAM The PRESIDING OFFICER. Are there the earlier request and ask unanimous any other Senators in the Chamber de- Mr. LOTT. Therefore, unless an addi- consent that when the Senate com- siring to vote? tional consent can be granted—and I pletes its business on Saturday, it The result was announced—yeas 86, will continue to work on that, along stand in recess until 4 p.m. on Sunday, nays 3, as follows: with Senator DASCHLE and Senator and immediately following the routine REID and others—the next two votes [Rollcall Vote No. 290 Leg.] convening requests, the Senate proceed will be at approximately 9:30 a.m. on to the House joint resolution regarding YEAS—86 Saturday and approximately 7 p.m. on continuing of Government funding and Abraham Enzi Mack Sunday. The reason for those times is Akaka Feingold McConnell the time between then and 7 p.m. be Allard Fitzgerald Mikulski we understand now that the House will equally divided, and following the use Baucus Frist Miller be voting on those continuing resolu- of any time, a vote occur, without any Bayh Gorton Moynihan tions around 9 o’clock or so on Satur- intervening action, motion, or debate, Bennett Graham Murkowski day and around 6 o’clock or so on Sun- Biden Gramm Murray on passage of the House joint resolu- Bingaman Grassley Reed day. tion. Bond Gregg Reid I still hope that when we vote tomor- The PRESIDING OFFICER. Without Boxer Hagel Robb row, we could prevail upon those who objection, it is so ordered. Breaux Harkin Roberts Brownback Hatch Rockefeller insist on a vote on Sunday night to f Bryan Hollings Santorum consider doing a continuing resolution Bunning Hutchinson Sarbanes that would take us over until Monday TRIBUTE TO SECRETARY OF Byrd Inhofe Schumer night for the next continuing resolu- DEFENSE WILLIAM S. COHEN Campbell Inouye Shelby Chafee, L. Jeffords Smith (NH) tion. Mr. THURMOND. Mr. President, in a Cleland Johnson Smith (OR) In the meantime, the members of the few short hours the 106th Congress will Cochran Kennedy Snowe Appropriations Committee are going to be a part of the history of this great Collins Kerrey Specter Conrad Kerry Thomas be meeting further this afternoon on Nation. As we resolutely work toward Craig Kohl Thompson the Labor, HHS, and Education appro- the goal of adjournment, I want to Crapo Kyl Thurmond priations conference report. I am sure take a few moments to pay tribute to Daschle Landrieu Torricelli other issues will be discussed and other Secretary of Defense William S. Cohen, DeWine Lautenberg Voinovich Dodd Levin Warner discussions will occur with regard to our former colleague and the nation’s Domenici Lincoln Wellstone the tax bill. Also, the Commerce-State- 20th Secretary of Defense. Dorgan Lott Wyden Justice conference report just passed. Secretary Cohen, better known as Edwards Lugar It is our intent to take up the Tax Re- ‘‘Bill’’ to all of us, has since January NAYS—3 lief Act early next week. We haven’t 24, 1997, been at the helm of the Depart- Leahy Nickles Stevens locked in a time yet because there is ment of Defense and the leader of the

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.110 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11243 greatest military force in the history hollowed halls without fear. These offi- has influenced the course of our coun- of our great Nation. His tenure as Sec- cers have continuously displayed integ- try. retary of Defense will be marked by rity and honor, and I commend them The Senate Finance Committee is great advances in the quality of life for for their dedicated service. We are seeing a great exodus as four of the five our military personnel and their fami- truly in their debt. Senators retiring served this Com- lies, the refocusing of the Department At this time, I ask that my col- mittee. I will certainly miss their par- of Defense to the new threats of weap- leagues join me in wishing Officer ticipation on this committee and the ons of mass destruction and cyber-ter- Anders health, happiness, and success leadership on key issues. rorism, and, more importantly, assur- in all of his future endeavors. He has DANIEL PATRICK MOYNIHAN and I were ing this Nation’s position as the served his Nation well, and we are elected to the Senate from our respec- world’s only super power. grateful for his assistance. tive states in the same year—1976. So Bill Cohen is a Renaissance Man of f we two freshman learned the ways of the same mold as the founders of this this august body at the same time. Nation. A forward thinker who has VICTIMS OF GUN VIOLENCE And, I have to say to my colleagues been an influential voice on defense Mr. KENNEDY. Mr. President, it has who have more recently been elected to and security issues since he was first been more than a year since the Col- this body, that was no minor edu- elected to the House of Representatives umbine tragedy, but still this Repub- cation. We began our Senate service from Maine’s Second Congressional lican Congress refuses to act on sen- with giants like James O. Eastland, District in 1973. During his eighteen sible gun legislation. Barry Goldwater, Hubert Humphrey, years as a United States Senator rep- Since Columbine, thousands of Amer- and Howard Baker. resenting the State of Maine, Bill icans have been killed by gunfire. Until The difference was that PAT MOY- Cohen played a leading role in defense we act, Democrats in the Senate will NIHAN had already had a distinguished matters while a member of the Senate read the names of some of those who career in public service having served Armed Services Committee. Not only have lost their lives to gun violence in as urban affairs advisor to President was he a key sponsor of the Goldwater- the past year, and we will continue to Nixon and as Ambassador to India and Nichols Defense Reorganization Act of do so every day that the Senate is in the United Nations. I have always had 1986, but also the GI Bill of 1984, the In- session. great admiration for his strong char- telligence Oversight Reform Act of In the name of those who died, we acter, great intellect and exceptional 1991, the Competition in Contracting will continue this fight. Following are diplomacy—particularly on those occa- Act of 1984 and the Federal Acquisition the names of some of the people who sions when it was between warring po- Reform Act of 1996. were killed by gunfire one year ago litical parties, not countries. His long and distinguished service to today. Senator MOYNIHAN is famous for spot- the Nation and the State of Maine, October 27, 1999: ting emerging issues long before any- both as a legislator and Secretary of Ioniaferrio Bolton, 26, Dallas, TX; one else. He has been warning for years Defense, will serve as a lasting tribute Donal Bryant, 31, Dallas, TX; that Social Security needs reform. He to William S. Cohen. I congratulate Merritt J. Copenhefer, 41, Madison, has urged reform of the alternative him on his long and distinguished ca- WI; minimum tax, and worked tirelessly in reer and thank him for the courtesies Aurelio Enciso-Murillo, 40, Oakland, the effort to reform a broken welfare and friendship he extended to me dur- CA; system. ing his service in the Senate and as Angel Garcia, 21, Philadelphia, PA; On the candor scale, Senator ROBERT Secretary of Defense. Anthony McCullough, 25, Philadel- KERREY would rank near the top. That f phia, PA; is a commodity sadly lacking in many Audley McIntosh, 49, Dallas, TX; circles—and not just in government, RETIREMENT OF OFFICER OLIVER Donald McNeil, 16, Philadelphia, PA; but in business and academia as well. ‘‘ANDY’’ ANDERS FROM THE Jerome Oakley, 18, Baltimore, MD; BOB KERREY has been as courageous UNITED STATES CAPITOL PO- Joseph Transon, 19, Baltimore, MD; about sharing his opinions as he was LICE FORCE Tyree Turner, 19, Philadelphia, PA; when serving in the Vietnam war, dur- Mr. THURMOND. Mr. President, I Paul Vo, 30, Houston, TX; and ing which he was awarded a Purple rise today to pay tribute to a praise- Unidentified Male, 52, Charlotte, NC. Heart, Bronze Star, and our nation’s worthy individual who has dedicated One of the victims of gun violence I highest honor, the Congressional of his life to serving the people of this Na- mentioned, 16-year-old Donald McNeil Medal of Honor. tion as an officer on the United States of Philadelphia, was shot and killed He left the governorship of Nebraska Capitol Police Force, Officer Oliver one year ago today by another teen- with a 70 percent approval rating, ‘‘Andy’’ Anders. Andy will be retiring ager in what police said was an argu- which tells us something about his from the Capitol Police on November 3, ment over a girl. record of employing common sense and 2000, after 26 years of faithful service. We cannot sit back and allow such exercising integrity in governance. Ne- His presence will be missed throughout senseless gun violence to continue. The braskans are no nonsense, hard-work- the halls of Congress. deaths of these people are a reminder ing people. They would not have toler- Over the last three decades I have to all of us that we need to enact sen- ated any less. had the opportunity to get to know sible gun legislation now. BOB KERREY has put those same vir- Andy. For many years, he greeted me f tues to work in the Senate, particu- at the doors of the Senate chamber larly in our bipartisan efforts to reform where he stood sentry. I always appre- FAREWELL TO RETIRING Social Security and Medicare as well ciated having the opportunity to chat SENATORS as the IRS. with this friendly native of Greer, Mr. HATCH. Mr. President, the Bible I am going to miss my colleague from South Carolina, and I admired the pro- says in Ecclesiastes, ‘‘To everything the West, Senator RICHARD BRYAN. fessionalism he demonstrated through- there is a season, a time for every pur- Though we have not agreed on every out his tenure. pose under heaven.’’ And, now, as the issue—who does?—we have a common Too often we fail to properly thank 106th Congress is coming to a close, the appreciation for the impact of federal the courageous men and women who, hour has come to pay tribute to five policy on the western states. like Officer Anders, serve on the Cap- distinguished colleagues—Senators I was also most appreciative and itol Police Force. These fine individ- with whom I have had the honor and grateful for his honest, straight- uals make countless sacrifices to pro- pleasure of working. These gentlemen forward, and thorough leadership of the tect and serve both the daily visitors of the Senate have decided that it is Senate Ethics Committee—no doubt and the workers at the Capitol. They now time to embark on a new chapter one of the more thankless jobs in the are on guard 24 hours a day, 7 days a in their lives. Senate. But, every senator, regardless week, 365 days a year, providing a vital Each in his own way has left behind of political party, could be assured service so that we can walk these a part of their vision for America and that, if wrongs had been committed,

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.109 pfrm01 PsN: S27PT1 S11244 CONGRESSIONAL RECORD — SENATE October 27, 2000 they would certainly be found out. If agement policies at eight of the sixteen access and disrupt sensitive national allegations were false, the verdict U.S. Federal agencies they investigated security and proprietary information would be made clear to all. were found to be inadequate and that systems.’’ The GAO further maintained Senator FRANK LAUTENBERG, like me, controls over access to software codes that background screening policies for is living proof that the American were weak. I am convinced that the in- personnel involved in Y2K remediation dream can come true. His hard work, formation systems used by the Depart- were lacking or inadequate despite at determination, and ingenuity brought ment of Defense are critical compo- least 85 Federal contracts being com- him from humble beginnings to build nents of the warfighting capability of pleted using foreign nationals. with two partners the Automatic Data the United States. Off-the-shelf and The Department of Defense routinely Processing (ADP) Company, which be- customized software is critical to the purchases software developed by for- came the world’s largest computing functioning of these systems. I rise eign companies. The Department is services company. today to express my concern that the often unaware of that fact. For many I was pleased to work with Senator security and integrity of critical gov- of its unclassified, but critically impor- LAUTENBERG on legislation to prohibit ernment systems could be at great risk tant, business operating systems, gov- smoking on public transportation. He if their operational software has been ernment agencies contract with a sys- has been a tireless worker in the war to procured or developed outside the tems integrator. The integrator then prevent teenage smoking. United States or without proper over- selects the software system to be in- To my Democratic colleagues, Sen- sight and control. I have read, with stalled as part of the operating system. ators LAUTENBERG, MOYNIHAN, BRYAN growing concern, a number of news ar- The Agencies are often not aware that and KERREY: We have battled through ticles that suggest that foreign soft- the software was developed in a foreign many issues, each of us committed to ware acquisitions can have potentially country, by foreign developers, and doing what we believed was best for catastrophic consequences on both perhaps, even in a foreign language. I America and for our respective states. classified and unclassified national in- believe that, at a minimum, the provi- There has never been a dull moment. It formation management systems used sion of software produced by a U.S. has been a privilege to work with you. by Federal agencies for sensitive appli- company (or at least software con- Last but not least, I have to bid fare- cations. trolled by a U.S. company) should be a well to my fellow Republican and Fi- I would like to cite just few examples consideration in the acquisition proc- nance Committee member, Senator to illustrate my point. An article in ess. Encouraging the Defense Depart- CONNIE MACK. His friendship, leader- the February 16, 2000, Washington Post ment (and other Government agencies) ship, and dedication to furthering the discussed the State Department’s pur- to at least consider the origin and own- causes of fiscal responsibility, govern- chase of an unclassified, but sensitive, ership of source codes will not elimi- mental accountability, and medical re- business operations system with soft- nate vulnerability, but it is a step in search will be greatly missed. ware code developed by former citizens the right direction. Additionally, it re- Senator MACK has successfully of the Soviet Union. According to the inforces software development as a key fought for Florida’s concerns and kept article, State withdrew the system component of our defense industrial his campaign promise of ‘‘less taxing, from their embassies worldwide be- base. For that reason, I urge the Ad- less spending, less government and cause they were concerned that hidden ministration to put in place protocols more freedom,’’ which resulted in 70 code might have been added during de- in the selection process that consider percent of the vote in 1994, more than velopment and fielding. The final para- the origin of all source codes used in any other Republican Senatorial can- graph of the article states: ‘‘The lesson the development of information sys- didate in the Nation. of State’s fiasco is simple—but so im- tems acquired or developed. This The Roman politician Cicero states, portant it should be hard-wired: As should include those acquisitions ar- ‘‘It is the character of a brave and reso- people and organizations grow more de- ranged via sub-contracts by prime con- lute man not to be ruffled by adversity pendent on computers, they become tractors or system integrators. and not to desert his post.’’ more vulnerable. It’s easy to forget f I believe Senator MACK has been this that every line of code can be a poten- exemplary leader; and, instead of fal- tial spy or saboteur.’’ SUPPORT FOR CHINA COMMISSION tering like most men, Senator MACK On March 2, 2000, the New York INCREASED FUNDING had the ability to rise above not one, Times reported that Japanese software Mr. BAUCUS. Mr. President, I rise but three, personal battles with can- suppliers associated with the terrorist today to speak to the Commerce, State cer—his wife’s, his daughter’s and his sect responsible for the Tokyo subway and Justice Appropriations Conference own. Senator MACK lost his mother, fa- nerve gas attack had sold software pro- report’s recommendation which pro- ther and younger brother to cancer. grams to several Japanese government vides $500,000 for the congressional-ex- This history makes the Mack’s the agencies, to include their Defense Min- ecutive commission on China. This poster family for early detection, a istry. According to the article, the noteworthy commission was estab- role they have indefatigably played. agencies and companies that ordered lished in Title III of the China/PNTR Drawing from this experience, Sen- the software were unaware that the bill, which the Senate passed with a ator MACK has fought to double the sect was involved because the principal strong majority and the President funding for National Institute of suppliers had sub-contracted the work signed into law just two weeks ago. Health (NIH) in order to step up the to others. As recently as June 19, 2000, It is my understanding that the Com- search for a cure for cancer as well as the Defense News reported that two mission would normally require a fund- other diseases that plague our families German defense industry employees ing level of at least $1.3 million. How- and society today. This is a goal I will were convicted of selling missile se- ever, this year the conferees allocated continue to support not as a legacy for crets to Russia. A software provider a lesser amount based on the fact that CONNIE MACK, but inspired by him and could have easily employed these the Commission will operate for less his family. ‘‘spies.’’ Unfortunately, this is not a than a full year in FY2001. It has been a pleasure and an honor new phenomenon. On October 24, 1999, Without a doubt, we should fully sup- to serve with these men, and I want to as we prepared for the Y2K transition, port the Commission at its requested take this opportunity to bid farewell the Los Angeles Times ran an article level of $1.3 million in FY2002 and sub- and best wishes to our colleagues as citing concerns by security experts sequent years once members have been they begin what I hope will be a very that the use of foreign contractors for appointed, staff hired and the oper- rewarding retirement. Y2K solutions could have placed crit- ation is fully functional for an entire f ical systems at risk. The article re- fiscal year. While the initial request of ports that, in the words of one govern- $500,000 is sufficient for the start-up op- INFORMATION SYSTEMS SECURITY ment security expert, ‘‘The use of un- eration of the Commission, it falls far Mr. HOLLINGS. Mr. President, the tested foreign sources for Y2K remedi- short of the amount required by its en- General Accounting Office recently ation has created a unique opportunity abling legislation and our congres- concluded that formal software man- for foreign countries or companies to sional intent.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.032 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11245 Passage of PNTR for China is one of ing champion of American consumers, of domestic violence from owning a the most significant pieces of legisla- fashioning laws to require air bags in gun. He helped write the Superfund, tion this Congress has passed in this automobiles, protect Internet privacy, Clean Air, and Safe Drinking Water decade. The Commission will play an reduce telemarketing fraud, and reduce Acts. And he co-authored the Balanced essential role in the oversight of its errors in personal credit reports. He Budget Agreement of 1997, which put implementation and China’s adherence has fought for American taxpayers by America on the path to sustaining So- to its international obligations. working to reduce wasteful spending, cial Security and Medicare. Again, Mr. President, I support fund- eliminate special-interest subsidies, FRANK LAUTENBERG served the public ing accorded by the CJS Appropria- and balance the Federal budget. good before he came to the Senate, and tions bill for FY2001 and will further Senator BRYAN has been a vigilant he will do so long after he leaves us. He support increased funding of at least and tireless protector of Nevada’s envi- founded the Lautenberg Center for $1.3 million in the next and following ronment, working to save Lake Tahoe General and Tumor Immunology three fiscal years. and prevent the construction of a nu- decades ago, and he continues to sup- f clear waste storage facility at the Ne- port its work as one of the world’s vada Test Site. Earlier this month, he leading cancer research institutions. A SENATOR DANIEL PATRICK won another victory for his home noted philanthropist, he continues to MOYNIHAN State’s environment with the passage support charitable work in education, Mrs. BOXER. Mr. President, the Sen- of the Black Rock Desert—High Rock the environment, the arts, and the ate will soon bid a fond farewell to one Canyon Emigrant Trails National Con- Jewish community. of its most distinguished members, the servation Area Act, which will provide Mr. President, FRANK LAUTENBERG is senior Senator from New York. I rise added protection to nearly 800,000 acres someone I could point out to my grand- today to bid him adieu. of federal land in northwestern Nevada. son and say, ‘‘There is a man.’’ He is a As we all know, DANIEL PATRICK Senator BRYAN is a gentleman, a man great human being, a great American, MOYNIHAN is the Senate’s Renaissance known for his ability to work with peo- and a great Senator. His departure will Man, a man of dazzling intelligence ple of all parties and persuasions. In be a great loss to the Senate, but his and accomplishments in many arenas bidding him farewell, I hope that the presence has been a great gift to us all. of public life. A scholar, an author, a Senate will carry on his spirit of com- I thank him for all that he has done for teacher, a statesman, a Senator: he is— ity, courtesy, and bipartisanship. me, for this body, and for the people of to paraphrase President Kennedy’s f the United States. comment on Thomas Jefferson—per- haps the most extraordinary collection SENATOR FRANK LAUTENBERG f Mrs. BOXER. Mr. President, I rise of talent, of human knowledge, that SENATOR ROBERT KERREY has ever graced the United States Sen- today to bid farewell to the senior Sen- ate. This body and every one of its ator from New Jersey: my dear friend Mrs. BOXER. Mr. President, I rise members have been touched by his and distinguished colleague, Senator today to bid farewell to Senator ROB- grace, and we shall all be ever the rich- FRANK LAUTENBERG. ERT KERREY, a distinguished friend and er for the days he spent with us. This is a bittersweet occasion for colleague who will be leaving the Sen- I have enjoyed the additional pleas- me—sad because FRANK will be leaving ate at the close of this Congress. ure of serving with Senator MOYNIHAN us soon, but sweet because he leaves us BOB KERREY is a true American hero, on the Environment and Public Works with so many fond memories and such a man of great physical and political Committee. In past years, as Chairman a great example of what it means to courage. We all know about his her- of the Committee, he raised public serve the American people through this oism on the battlefield, though he rare- awareness on the issue of acid rain. In great institution. ly mentions it and does nothing to so- doing so, he broadened our horizons by FRANK LAUTENBERG has been one of licit the admiration showered upon greatly expanding our understanding of my closest friends in the Senate. He him. A man of peace and goodwill, he the far-reaching effects that human ac- has also been my colleague, confidante, speaks with unparalleled authority on tions can have on the environment and mentor, and role model. Intensely pa- the need to maintain a strong national the effects that environmental deg- triotic and ethical, he takes his role as defense while working for reconcili- radation can have on human beings. legislator very seriously without tak- ation with America’s former adver- Mr. President, I know that Senator ing himself too seriously. A man of saries. MOYNIHAN has much more to offer his deep and wide-ranging intellect, he is BOB KERREY’s political courage is country, and I hope that he will long quick to grasp the essentials of any evidenced by his independence, candor, continue to give the Senate the benefit issue before the Senate yet slow to and willingness to tackle the toughest of his peerless intellect, insight, and criticize others, even those with whom issues. He took on entitlement reform experience. he disagrees. A tolerant and benevolent when few others dared look it in the f man, he is ever ready to compromise in face. He took the first brave steps to- the name of harmony yet firm in his ward a bipartisan reform of Medicare SENATOR RICHARD H. BRYAN core beliefs and steadfast in acting on in order to guarantee the program’s Mrs. BOXER. Mr. President, I rise them. long-term stability. And he has contin- today to pay tribute to my good friend, FRANK LAUTENBERG is a living em- ued to press for universal health care California’s good neighbor, and our dis- bodiment of the American Dream. The coverage for all Americans. tinguished colleague, Senator RICHARD son of poor immigrants, he served in In an era when even the finest legis- H. BRYAN of Nevada. World War II, graduated from Colum- lators hesitate to speak before con- With his impending retirement from bia University on the G.I. Bill, went sulting the polls, BOB KERREY says the Senate, Senator BRYAN will cul- into business with friends and devel- what he means and means what he minate 36 years of public service at the oped one of the world’s leading com- says. He never hesitates to follow his local, state, and national levels. He has puter services companies. He chose personal moral compass, even when served the people of Nevada as a dis- public service not as a career move but this means working with the other po- trict attorney, public defender, state as a way of giving something back to litical party or criticizing his own. legislator, state attorney general, gov- the people of his state and nation. Mr. President, as Senator KERREY ernor, and United States Senator. During his three terms in the Senate, leaves the halls of Congress for the Throughout his career, he has been FRANK LAUTENBERG has worked to de- groves of academe, I know that he will known for his intelligence, integrity, fend and improve the health, safety, bring the same courage and rigor to his and good sense. and security of every American family. new career that he has displayed here During his two terms in the Senate, He wrote the laws to raise the national in the Senate. I join my colleagues DICK BRYAN has addressed a variety of drinking age, ban smoking on air- from both sides of the aisle in sending national issues without forgetting the planes, toughen the standards on drunk him off with our best wishes and pro- people of his state. He has been a lead- driving, and prevent anyone convicted found gratitude.

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.029 pfrm01 PsN: S27PT1 S11246 CONGRESSIONAL RECORD — SENATE October 27, 2000 OBJECTION TO PROCEEDING TO The article follows: education, family planning, and disease CERTAIN BILLS [From the Burlington Free Press, Oct. 18, prevention and control programs. But Mr. WYDEN. Mr. President, I rise 2000] he is perhaps most recognized as a pas- today to state my objection to any FORMER TEACHER ENJOYS NEW ROLE AS A sionate and tireless advocate for the unanimous consent request for the VOLUNTEER National Institutes of Health. Anyone Senate to proceed to or adopt H.R. 4345 (By Beth Gillespie) who has spent time with him undoubt- and S. 1508, Alaska Native Claims Anne Kriesel is one of those special people edly knows that he considers medical Technical Amendments of 2000, H.R. who go out of their way to enrich other peo- research to be one of our Nation’s high- 4721, acquisition of certain property in ple’s lives. est priorities. He makes no secret of Washington County, Utah, S. 2749, to The volunteer at The Converse Home in his commitment, calling medical re- establish the California Trail Interpre- Burlington browses through local libraries search ‘‘our greatest hope for effec- tive Center in Elko, Nevada, and H.R. for short stories, essays and articles that the tively treating, curing and eventually home’s residents would enjoy and reads the preventing disease and thereby saving 2932, Golden Spike/Crossroads of the selections once a week. She also calls out for West, Utah, unless or until S. 2691 (to our country billions of dollars in an- bingo games and facilitates group crossword nual health care costs.’’ provide further protections for the wa- puzzles. I share JOHN’s passion for the NIH. I tershed of the Little Sandy River as A hostess during their social hours, Kriesel have said many times that it is the part of the Bull Run Watershed Man- visits with people and serves refreshments, crown jewel of the Federal government. agement Unit, Oregon) is discharged, and during outings she helps those who use Over the past six years, he and I, work- unamended, from the House of Rep- walkers get on and off the bus, carries arti- ing alongside my distinguished col- resentatives Resources Committee and cles for them and keeps track of everyone. Kriesel introduces herself to new residents league TOM HARKIN, have increased passed, unamended, by the House of and helps them feel comfortable. She worked funding for biomedical research by $9.4 Representatives. I do so consistent one-on-one with one woman until her death, billion. In 1998, we made a commitment with the commitment I have made to visiting with her and playing canasta, Kings to double federal funding for the NIH explain publicly any so-called ‘‘holds’’ in the Corner, rummy and other games. over five years. And with this year’s in- that I may place on legislation. ‘‘Anne is generous, genuine and depend- S. 2691 is a bi-partisan bill, authored able,’’ says Patti Meyer, activity/volunteer crease of $2.7 billion, we are on track to reach that goal by 2003. Even though by myself and Senator SMITH of Or- director for Converse. ‘‘Her bright person- egon, and supported by all the mem- ality and positive ‘can-do’ attitude are price- JOHN will no longer be in the Congress, bers of Oregon’s Congressional delega- less—she enthusiastically embraces her re- I know that he will continue to help us tion. It passed the Senate Energy and sponsibilities and gladly does whatever she fulfill that promise. can to help out. Anne has become part of our JOHN’s commitment to medical re- Natural Resources Committee, as well family as she helps to make Converse a true search has earned him high praise from as the entire Senate, unanimously. home. The time she shares with us is very numerous scientific, medical and re- This legislation protects the current precious and we thank her from the bottom search organizations. Among the many and future drinking water source for of our hearts.’’ honors bestowed on him, the American the City of Portland, home to one in Kriesel also substitutes for Meals on Medical Association recently honored four Oregonians. Wheels and is involved with the Joint Urban Despite its broad support, and my Ministries Program through her church, Col- him with the Nathan Davis Award as personal appeal to the Resources Com- lege Street Congressional. She greets clients ‘‘Outstanding U.S. Representative.’’ mittee, that Committee has failed to who come to the Urban Ministries Program The American Federation of Clinical act on it. Oregonians expect their for counseling, helps them fill out forms and Research honored him with its ‘‘Distin- visits with them until they can see a coun- guished Friend of Medical Research,’’ elected representatives will act respon- selor. sibly to protect Portland’s drinking Public Service Award. A retired teacher, Kriesel spent 22 of her 27 JOHN’s interests reach beyond med- water source. As a result, I cannot years in education at Colchester Middle ical research. He is the co-founder of agree to H.R. 4345 and S. 1508, H.R. 4721, School, and now works part-time for the the Congressional Coalition on Popu- S. 2749 and H.R. 2932 until S. 2691 clears University of Vermont Department of Edu- lation and Development, an organiza- the House of Representatives cation as a supervisor of student teachers. tion that advocates and defends inter- unamended. She lives in Burlington with her husband, Peter, and the couple has two adult sons and national and domestic voluntary fam- f one granddaughter. She enjoys walking, gar- ily planning programs. He is also a ADDITIONAL STATEMENTS dening, cooking, reading and writing. dedicated supporter of the arts and hu- ‘‘I loved my 27 years of full-time public manities, and since 1999 has served on school teaching,’’ Kriesel says. ‘‘It’s fun for the Board of Directors of the Kennedy TRIBUTE TO ANN TRUEBLOOD me now to branch out, try some new things Center for the Performing Arts. and work with people at the opposite end of KRIESEL JOHN has an impressive education ∑ the age spectrum. I find that they have such Mr. LEAHY. Mr. President, recently rich lives and wonderful stories to tell.’’∑ background: He attended the Massa- the Burlington Free Press had an arti- chusetts Institute of Technology and cle about Ann Kriesel of Burlington, f received his undergraduate degree from VT and praised her as the volunteer of TRIBUTE TO THE HONORABLE Northwestern University. Following the week. JOHN EDWARD PORTER service in the U.S. Army, he received The Leahy family has known Ann his law degree from the University of ∑ Trueblood Kriesel almost from the Mr. SPECTER. Mr. President, I want Michigan. He served three terms in the time she came to Burlington. She is an to take this opportunity to pay tribute Illinois House of Representatives be- extraordinary person, loved and re- to Congressman JOHN EDWARD PORTER fore being elected to the U.S. House of spected by all who know her. She and who, after two decades of service in the Representatives. In addition to his pub- her husband, Peter, are dear friends of House of Representatives, will retire at lic service, JOHN was an attorney pri- Marcelle’s and mine, and she has made the end of this session. vate practice in Evanston, Illinois. her mark on our community in a way Since 1994, when JOHN PORTER be- Today, I want to pay a special trib- that would bring great pride and credit came Chairman of the House Appro- ute to JOHN by recommending that the to anyone. priations Subcommittee on Labor, neuroscience building on the campus of As an exemplary teacher, as a moth- Health and Human Services and Edu- the National Institutes of Health be er and grandmother, her intelligence, cation, and I took over as Chairman of named the JOHN Edward Porter Na- quiet wit and grace has helped the Senate Labor, HHS and Education tional Neuroscience Center. This build- Vermonters of all ages. Subcommittee, we have spent untold ing will be a fitting tribute to a man It is with pride that I ask the article hours working together on what is ar- who has devoted so much towards find- about her be included in the CONGRES- guably one of the most important ing ways to prevent disease and im- SIONAL RECORD, so that all Senators pieces of legislation to be voted on by prove the quality of life of all Ameri- might know this exemplary woman and Congress each year. cans. how much she and Peter mean to all of During his tenure, JOHN PORTER has To JOHN PORTER, I say, you have car- us. earned a reputation as a champion of ried out your responsibilities with skill

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.030 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11247 born of rich experience and insight We think of our nation as young, but the history of the Church. Every Jubilee born of deep compassion. I want to we are old: there are two nations on year is understood to be a Year of the Lord’s offer to you my gratitude for the char- earth, the United States and Great favor to His people. The words of today’s first reading from the acter, courage and dedication with Britain, that both existed in 1800 and Book of the Prophet Isaiah powerfully pro- which you have served the people of have not had their form of government claim the core meaning of the Jubilee Year the tenth district of Illinois and the changed by forces since then. There are and the responsibility entrusted to each of country. I wish you the best as you eight—I repeat, eight—nations which us every day, but with greater emphasis now begin the next chapter of your life.∑ both existed in 1914 and have not had during this special Year. ‘‘The Spirit of the f their form of government changed by Lord is upon me, because the Lord has violence since then. Do we recognize anointed me; He has sent me to bring glad JUBILEE RED MASS HOMILY OF how extraordinarily blessed we re? We tidings to the lowly, to heal the broken- hearted, to proclaim liberty to the captives THE MOST REVEREND PAUL S. abide by the rule of law, and so persist LOVERDE and release to prisoners, to announce a year and prosper. of favor from the Lord and a day of vindica- ∑ Mr. MOYNIHAN. Mr. President, on Bishop Loverde lovingly reminds us tion by our God . . .’’ (Is. 61:1–2). These words Sunday, October 1st, the Most Rev- that in this ‘‘Year of Favor,’’ the work of Isaiah remind us, in this ‘‘Year of Favor,’’ erend Paul S. Loverde, Bishop of Ar- of justice is peace—opus iustitiae pax. of the spirit of humanism that must guide lington, delivered the Red Mass Homily He quotes from Joseph Allegretti, who our every action. at the Cathedral of St. Matthew here in wrote, ‘‘those who enter law with the Moreover, this is a year of ‘‘increased sen- sitivity to all that the Spirit is saying to the Washington. It was the 48th annual Red intent to bring justice to a broken Church and to the Churches, as well as to in- Mass at St. Matthew’s, all of which world, to vindicate the rights of the dividuals through the charisms meant to have been sponsored by the John Car- weak and vulnerable, to heal broken serve the whole community’’ (Tertio roll Society. relationships, to ensure equality to all Millenio Adveniente, 23). Are we not gath- The Red Mass—a Solemn Mass of the persons . . . these persons have re- ered in prayer during this Votive Mass of the Holy Spirt—originated hundreds of sponded to a true calling.’’ Allegretti Holy Spirit to give tangible expression to years ago to mark the beginning of ju- remarked that law ‘‘is a vehicle of our desire to be more sensitive to what the dicial year of the Sacred Roman Rota, Holy Spirit is saying? Is not our participa- service to God and to neighbor, not tion in this Red Mass a concrete expression which is the supreme ecclesiastical and simply a gateway to financial and so- of our desire to be docile and open to the ac- secular court of the Holy See. The cial success.’’ I might add that law is tion of the Holy Spirit in our minds and name of the Mass is drawn from the red not only ‘‘a vehicle of service to God.’’ hearts this year in a renewed way? Are we vestments traditionally worn by the It is a gift from God which we must not seeking in prayer—a prayer that is sin- celebrants, and also by the scarlet cherish. cere and humble and hope-filled—to hear robes of the royal judges who attended. It is fitting that the John Carroll So- ‘‘what the Spirit is suggesting to the dif- The color red represents tongues of ciety sponsors the Red Mass each year. ferent communities, from the smallest ones, fire, symbolizing the presence of the John Carroll helped the colonies win such as the family, to the largest ones, such as nations and international organizations, Holy Spirit. their independence. After the Revolu- taking into account cultures, societies, and The tradition of the Red Mass spread tion, he was appointed superior of all sound traditions’’ (Tertio Millennio from Rome to Paris—where it is now U.S. Catholics. In 1789, he founded Adveniente, No. 23)? the only Mass held at La Sainte Georgetown University. he and his Addressing the Italian National Associa- Chapelle, London—celebrated annually brother, Daniel, who was a member of tion of Magistrates this past March, Pope at Westminster Cathedral since the the Constitutional Convention, insisted John Paul II pointed out that the Jubilee Middle Ages, and beyond. The tradition that the new Constitution prohibit any challenges the people of our time to fulfill responsibly the tasks entrusted to them. His was inaugurated in the United States religious test for public office, and words also speak eloquently to you: ‘‘By in 1928 at Old Saint Andrew’s Church in were influential forces for the freedom your freely accepted vocation, you have put New York City. Here in Washington, of religion clause contained in the yourselves at the service of justice and so the Red Mass is held on the Sunday be- First Amendment. In 1790, Carroll was also at the service of peace. The ancient Ro- fore the first Monday in October to co- consecrated the first Catholic bishop in mans liked to say: ‘opus iustitiae pax’ (The incide with the new term of the United the United States, and served from his work of justice is peace). There can be no States Supreme Court. Justices of the cathedral in Baltimore. Ten years peace among human beings without justice. Court, other judges, law professors, later, four additional dioceses were cre- This opus iustitiae, on which peace is based, is carried out within a precise ethical-jurid- lawyers, diplomats, government offi- ated and Carroll became Archibishop. ical) framework and is an ongoing worksite. cials, and people of all faith attend the He established St. Mary’s College and Indeed, wherever fundamental human rights, Mass to invoke God’s blessing and Seminary, and he encouraged Elizabeth the inalienable rights that no legislation can guidance in the administration of jus- Ann Seton to found the order of The violate, are codified in laws, it is always pos- tice. Sisters of Charity. sible to give them a more complete juridical As Bishop Loverde pointed out in his Mr. President, it is customary each formulation and, above all, a more effective homily, this year’s Mass is special year to have the Red Mass Homily application in the concrete context social since it occurs in a Jubilee Year and at placed in the CONGRESSIONAL RECORD. I life’’ (Pope John Paul II, Address to the Na- the dawn of the third Christian Millen- commend Bishop Loverde’s homily and tional Association of Magistrates, 3/31/00). This does not happen easily. To this end, the nium. his moving call to all who are servants Pope states further: ‘‘A legal culture, a State The Jubilee tradition stems from the of justice and peace to be advocates for governed by law, a democracy worthy of the Book of Leviticus, in which God in- a ‘‘new humanism’’ that affirms the name, are therefore characterized not only structs Moses to ‘‘hallow the fiftieth fundamental dignity, worth, and in- by the effective structuring of their legal year, and proclaim liberty throughout alienable rights of each of us. I feel systems, but especially by their relationship all the land unto all the inhabitants privileged to ask that the Bishop’s to the demands of the common good and of thereof: it shall be a jubilee unto you; homily for this year’s Red Mass be the universal moral principles inscribed by God in the human heart’’ (Pope John Paul II, and ye shall return every man unto his printed in the RECORD. Address to the National Association of Mag- possession, and ye shall return every The material follows: istrates, 3/31/00). man unto his family.’’ (25:10) God fur- JUBILEE RED MASS HOMILY What then is the Spirit of truth saying to ther admonishes Moses, ‘‘Ye shall not THE MOST REVEREND PAUL S. LOVERDE—BISHOP us specifically at this Jubilee Red Mass? therefore oppress one another; but thou OF ARLINGTON, VIRGINIA, CATHEDRAL OF ST. What is the Spirit of truth saying to those of shalt fear thy God: for I am the Lord MATTHEW, WASHINGTON, DC. you who serve the cause of justice and peace your God.’’ (25:17) Your Eminence, Distinguished Guests, Sis- as judges, lawyers, members of the Legisla- Fifty years ago, we were engaged in a ters and Brothers all in the Lord: tive and Executive branches of government, twilight struggle with Communist to- This 48th annual celebration of the Red diplomats, professors and students of the Mass here at St. Matthews Cathedral is truly law? The Jubilee Year challenges you to give talitarianism. Today, the Soviet Union unique this year. It is the Jubilee Red Mass fundamental rights, ‘‘a more complete jurid- exists no longer, and we are at peace celebrated at the dawn of the Third Chris- ical formulation and above all, a more effec- and prosperous—due in large part, no tian Millennium. This Jubilee tradition tive application in the concrete context of doubt, because we are a nation of laws. began in the Old Testament and continues in social life’’ (Pope John Paul II, Address to

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.053 pfrm01 PsN: S27PT1 S11248 CONGRESSIONAL RECORD — SENATE October 27, 2000 the National Association of Magistrates, 3/31/ its essence, under words lies hidden their So much of your time is spent with time- 00). This takes on many forms, many formu- meaning, and under effects lie hidden their sheets, agenda books, email, faxes and meet- lations, but all are directed to the same causes—and vice versa.’’ (cf. Summa ings. Your inner spirits surely thirst for end—the protection of the human person and Theologica II/II, Q.8, art. 1). something more; indeed, for time to be with society. Moreover, I speak of the perennial Wisdom enables one to know the purposes the Transcendent One—the Holy One—the challenge in our day to work for a ‘‘new hu- and plan of God. It gives us the ability to see source of these seven gifts, especially wis- manism.’’ This ‘‘new humanism’’ finds its life and its meaning, as well as persons, dom and fortitude. In those treasured mo- basis in the dignity of the human person and events and things, from the divine point of ments, your minds will be enlightened and his/her inalienable rights. ‘‘The dignity of view, and to recognize the inner value of per- your inner spirits renewed, so that your ad- the person is the most precious possession of sons, events and things. vocacy for justice and peace will be all the an individual. As a result, the value of one Piety leads one to a devotion to God. ‘‘As more authentic and real. person transcends all the material world . . . a gift of the Holy Spirit, piety moves us to Yes, the Jubilee challenges you who are The dignity of the person constitutes the worship God Who is the Father of all, and servants of justice and peace to be advocates foundation of the equality of all people also to do good to others out of reverence for for a ‘‘new humanism,’’ which will permeate among themselves . . . The dignity of the God’’ (Our Sunday Visitor Catholic Encyclo- your legal decisions, your legislative proc- person is the indestructible property of every pedia, p. 784). esses and your diplomatic service. May the human being. The force of this affirmation is Fortitude provides the internal strength Holy Spirit—the Advocate—be at your side, based on the uniqueness and irrepeatability and courage to be firm in difficulty and con- as together we move forward in joy and in of every person’’ (cf Cristifideles Laici, no. stant in doing good. hope! Amen.∑ Lastly, there is the gift of the Fear of the 37). You and I are repeatedly called to be ad- f vocates for this ‘‘new humanism.’’ Lord. This is not a servile fear, but a filial From the Christian viewpoint, the chal- fear, the desire not to offend because of love, IN RECOGNITION OF MS. YALILE lenge is to rediscover the central reality of not fear. This gift ensures our awe and rev- RAMIREZ erence before God and helps us to acknowl- Christ who ‘‘fully reveals man to himself and ∑ brings to light his most high calling’’ edge our radical dependence upon Him. Mr. ABRAHAM. Mr. President, at the (Gaudium et Spes, 22). Quite specifically, As we advocate the ‘‘new humanism,’’ Hispanic College Funds Annual Schol- ‘‘Christian humanism implies first of all an which centers on the human person and pro- arship Awards Banquet earlier this openness to the Transcendent. It is here that tects and ensures his or her inalienable month, Ms. Yalile Ramirez, recipient of we find the truth and the grandeur of the rights within the context of justice and the Hispanic College Fund Award for human person, the only creature in the visi- peace, these seven inter-connected gifts pro- 2000–2001, gave a speech regarding the ble world capable of self-awareness and rec- vide much encouragement, insight and sup- port. They are given to help you, to help you upliftment of the Hispanic-American ognizing that he is surrounded by that su- community which I found to be ex- preme Mystery which both reason and faith in your essential and truly important work call God’’ (Pope John Paul II, Address to for our world, this country and our city. tremely insightful. I rise today not University Professors, no. 4, 9/9/00). Pope They are gifts of God to each of us, gifts for only to insert her remarks into the John Paul II applies this insight further say- which we constantly pray. CONGRESSIONAL RECORD, but also to sa- ing: ‘‘The humanism which we desire advo- A renewed understanding of your vocation lute an extraordinary young woman cates a vision of society centered on the as advocates for justice emerges and is re- with a bright future ahead of her. human person and his inalienable rights, on flected so simply, yet so powerfully, in the Ms. Ramirez was born and raised in the values of justice and peace, on a correct words of one distinguished professor: ‘‘Those who enter law with the intent to bring jus- Chicago, Illinois. She is currently a relationship between individuals, society and senior at Michigan State University, the State, on the logic of solidarity and tice to a broken world, to vindicate the subsidiarity. It is a humanism capable of giv- rights of the weak and vulnerable, to heal where she is pursuing a double Bach- ing a soul to economic progress itself, so broken relationships, to ensure equality to elor’s degree in International Relations that it may be directed to ‘the promotion of all persons * * * these persons have re- and Finance. In May of this year, she each individual and of the whole person’ ’’ sponded to a true calling. Law for them is a graduated from the University’s James (Pope John Paul II, Address to University vehicle of service to God and to neighbor, Madison College of International Rela- Professors, no. 6, 9/9/00). not simply a gateway to financial and social tions, so she is now focusing her efforts success’’ (Joseph Allegretti: The Lawyer’s In being advocates for this ‘‘new human- on her financial studies. ism’’ within the complexity of our culture Calling: Christian Faith and Legal Practice, and society, a powerful Advocate is being p. 31). In addition to receiving the Hispanic sent to stand by you. That Advocate is the I applaud those among you who share your College Fund Award, Ms. Ramirez has Holy Spirit. It is the particular role of God legal talents with those in need, especially received the Bill Gates Millennium the Holy Spirit to reveal God’s Word and those who participate in the Archdiocesan Scholar Award. She made the Dean’s Will, and to help us in understanding and re- Pro Bono Legal Network. For you, the prac- List in 1998, 1999 and 2000, and in 1997 sponding to His divine plan for us. Indeed, tice of law truly becomes ‘‘a service to God was presented with the National Dean’s and to your neighbor.’’ Yet the need for pro Jesus makes this very promise in today’s List Award. gospel. ‘‘If you love me and obey the com- bono assistance keeps increasing and de- mands an even greater and more generous re- Ms. Ramirez is a member of the mands I give you, I will ask the Father and Women in Business Student Associa- He will give you another Advocate—to be sponse in our day. with you always; the Spirit of truth . . . You Those among us involved with the forging tion, the Phi Beta Delta National can recognize Him because he remains with ahead of a ‘‘new humanism’’ must respond Honor Society, the American Adver- you and will be within you’’ (Jn. 14:15–17). genuinely and faithfully. Ours is a Nation tising Federation: Research Team Catholic theology, reflecting on scripture, founded upon the ideal of the ‘‘inalienable Leader, and the Phi Sigma Pi Co-Ed enumerates seven particular gifts of the rights of every person.’’ Our Nation leads the National Honors Fraternity. She is Holy Spirit: Knowledge, Counsel, Under- world in technological advancement, eco- nomic growth and military strength. Yet, also a Mentor Program Coordinator, standing, Wisdom, Piety, Fortitude, and and spends her remaining free time Fear of the Lord. These gifts of the Spirit there still exists a sad inequality among us are permanent dispositions which make us in our society. I mention the following three with aerobics, running and volun- docile and open to the promptings of the examples in response to the challenge of the teering. Holy Spirit. These are gifts for which we ‘‘new humanism.’’ First, 40 million Ameri- I applaud Ms. Ramirez on her many pray in a special way during this Mass of the cans live without health care benefits, of achievements both on and off the cam- Holy Spirit, this Jubilee Red Mass. whom 10 million are American children (U.S. pus of Michigan State University. She Knowledge is the gift which helps us to News, Matthew Miller 8/18/97). Secondly, a is not only a dedicated student but also large number of senior citizens find it dif- know God and what He expects of us through a dedicated member of society, con- His self revelation in creation and in the per- ficult to afford much needed prescription son of Jesus Christ. drugs. Thirdly, the choice for quality edu- cerned with a great deal more than her Counsel is the gift from the Holy Spirit in cation is not always available for many in own success. As is clearly illustrated in which one receives the very counsel of God— our Nation. Each cries out for our collective her remarks, she cares deeply about divine advice. It is insight from the Holy response. the upliftment of America’s Latino Spirit which leads to a correct assimilation In addition, we live in a culture where dis- population, and believes that this of the knowledge we have discovered. trust and lying are only too evident. We upliftment can best occur through eco- Understanding assists us in perceiving the must learn to speak the truth in love, to pro- nomic empowerment—attaining posi- hidden meanings of reality. As St. Thomas claim the sanctity of all human life, both of Aquinas observes: ‘‘There are many kinds of the innocent and of the guilty, from concep- tions of leadership within the business things that are hidden within, which human tion through every stage until natural death. community. In the not too distant fu- knowledge has to penetrate, so to speak. the splendor of the truth must shine through ture, I look forward to seeing Ms. Under the appearances of a thing lies hidden the ‘‘new humanism’’ you advocate. Yalile Ramirez become one of these

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.055 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11249 leaders. With that having been said, I expand the opportunities to enter the busi- address the vehicle replacement needs ask to print her remarks of October 5, ness sector. Once we enter and thrive in that of these vital transportation systems, 2000, in the RECORD. arena, it is imperative to sustain and share the most extensive in the nation. With The remarks follow: our economic power with a new generation of these additional funds for Texas trans- leaders. Economic empowerment. To put it REMARKS BY MS. YALILE REMIREZ AT THE HIS- another way, I choose a quote from the portation programs, the commission PANIC COLLEGE FUND, INC., ANNUAL SCHOL- Chairman of the Hispanic College Fund, Mr. will be better able to meet the tremen- ARSHIP AWARDS BANQUET Dario Marquez. dous transportation demands of the OCTOBER 5, 2000 ‘‘What we want is a seat at the table of dia- growing regional and international Good evening ladies and gentlemen, my logue and debate in government, academia, trade traffic in Texas. name is Yalile Ramirez. I am a senior, pur- and in industry—not a seat that has been as- With a look to the future, as Com- suing a double Bachelor’s degree in Inter- signed—but as many seats as our abilities missioner of Transportation Mr. Laney national Relations and Finance at Michigan and talents will afford.’’ led the Texas Department of Transpor- State University. First, I would like to Finally, I have been honored to have been tation in its efforts to obtain the flexi- thank Sprint for making my scholarship pos- selected as a scholarship recipient of the sible. I would also like to thank the Hispanic HCF. I would like to also congratulate the ble financing tools it needs to help ad- College Fund for granting me the honor of other recipients gathered on this stage to- dress transportation needs in Texas. He speaking to you on this special night. When night and all the others enrolled in colleges was successful in working with the I started to think about what I could share and universities across the country. On our Texas Legislature to create the Texas with you this evening, I asked myself ‘‘What behalf and on behalf of our families and com- Turnpike Authority Division of the de- am I an authority on?’’ So, I decided to talk munities, we thank all the companies, busi- partment, which provides toll-funding about the one thing I have mastered, being nesses, individuals, and events that donated options for the state’s major transpor- me. the funds that helped us afford a college edu- tation projects. With his strong sup- In some aspects, my involvement in the cation. And, I am especially grateful to Latino community has differed from what Sprint for making my scholarship possible. port and encouragement, the division some of my fellow peers and faculty mem- This scholarship is not only monetary assist- has applied for and expects to receive bers believe it should be. When I first at- ance but also an investment in a woman an $800 million loan under the federal tended MSU, I was not fully aware of all the with great potential for realizing future suc- Transportation Infrastructure Finance issues confronting the Latino community in cess. I have struggled with economic and so- and Innovation Act for a major Central the U.S. And I did not have any Latino role cial issues and I firmly believe that edu- Texas turnpike project. Under Mr. models to whom I could turn to for guidance, cation is the key that will unlock our full Laney’s leadership, the commission has with the exception of my parents. However, potential as Latinos and ultimately con- used the Texas State Infrastructure I was aware of the inequities embedded with- tribute to the economic prosperity of Amer- in our society. I knew we were a different ica. Let us continue to pursue a better future Bank, authorized under the National color, I knew we spoke a different language for our and future generations.∑ Highway System Designation Act of and I knew many in America did not wel- 1995, to provide needed assistance to lo- f come this diversity. At the college level, my calities to help move forward impor- experiences with fellow Latino students and IN RECOGNITION OF DAVID M. tant transportation projects. faculty members has heightened my interest LANEY Mr. Laney also initiated a major and sensitivity to Latino issues. I strongly Texas border strategy to address the ∑ support our community and participate in a Mrs. HUTCHISON. Mr. President, I demands of international trade traffic. select number of activities. However, the ca- rise today to recognize Mr. David M. Throughout his tenure on the com- reer path I have chosen also differs from Laney, who soon will complete his mission, Mr. Laney has provided strong those that many have elected to pursue; such term as a member of the Texas Trans- as education, criminal justice, political and confident leadership to the Texas portation Commission. Governor science and pre-law. Department of Transportation, pro- George W. Bush appointed Mr. Laney While many of them are demanding justice moting the development of a first-class to the commission in April 1995, desig- through political rights and representation, I Texas transportation system. His leg- nating him chairman and Commis- seek economic empowerment. Economic em- acy is a transportation agency with a powerment is derived from our continual sioner of Transportation. In April 2000, menu of solid financial and operational plight for justice, political power and inde- he stepped down as Commissioner of tools providing a safe, effective, and pendence. We can look back to our history Transportation, serving the remainder environmentally-sensitive transpor- dating back to the American Revolution. of his term as a member of the com- Was it all for greater religious freedom or tation system for the people of Texas mission. greater economic freedom? and the nation. His dedication to trans- My family has struggled economically and During his term on the commission, portation and his strong leadership on socially in pursuit of the American dream Mr. Laney has been the champion of the commission will be missed. for our family and for generations yet to the state’s efforts to increase the Mr. President, I know my fellow Tex- come. As first generation American Latina, I state’s share of federal transportation ans join me in this expression of appre- recognize the importance of economic em- dollars returning to Texas. As chair- ciation to David Laney for his exem- powerment in our community. While pos- man, he was a partner to the Texas plary leadership on the Texas Trans- sessing a flagrant entrepreneurial spirit and Congressional delegation’s efforts to great patriotism to the American form of portation Commission.∑ capitalism; resources, capital, and networks develop fairer highway funding for- f are salient to real empowerment. But, where mulas, promoting the efforts of a coali- do we go to obtain these resources? To whom tion of ‘‘donor’’ states to work with RETIREMENT OF THE HONORABLE do we turn to with confidence, respect and Congress toward achieving at least a trust? Well, ladies and gentlemen, we are 90.5 percent return on payments into CLAYTON E. PREISEL among those resources right here, right now. the Highway Trust Fund. As a result of ∑ Mr. ABRAHAM. Mr. President, I rise With a vigorous economy and a fast growing our efforts, Texas received an increase today to recognize the Honorable Clay- Latino population, our Latino community is of more than $700 million annually in ton E. Preisel, who is retiring on De- coming of age. How will we succeed? Latino business leadership is paramount to attain- federal highway funds and David Laney cember 31, 2000, after an extraordinary ing prosperity in our communities and in deserves a great deal of the credit. career spanning over 50 years. During sustaining future success. By seizing this op- In addition, he promoted increased this time, he has served in the Marine portunity and creating a network of Latino federal funding for the nation’s general Corps, been a teacher and school ad- businesses and business leaders, we can actu- aviation and reliever airports, which ministrator, and, for the past 18 years, alize a network of resources and capital for Congress provided in the Aviation In- presided over the Lapeer County Pro- future entrepreneurs. Latino business leader- vestment Reform Act for the 21st Cen- bate Court. Whatever the forum, Judge ship has a profound impact in our Latino tury (AIR 21). Finally, Mr. Laney has Preisel has been a leader and an inspi- community by creating opportunities to produce and access resources. For me, then, been a strong advocate for the state’s ration to those around him. real economic empowerment and leadership small urban and rural transit systems, Judge Preisel was born on January will assist in our overall pursuit of our eco- working with Congress to provide 29, 1927. He graduated from Imlay City nomic well-being and prosperity. We have to much needed discretionary funding to High School in 1945, and departed for

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.105 pfrm01 PsN: S27PT1 S11250 CONGRESSIONAL RECORD — SENATE October 27, 2000 the Marines in July of that same year. S. 785. An act for the relief of Frances The message further announced that He served until August of 1946, and Schochenmaier. the House has passed the following then returned to the State of Michigan S. 869. An act for the relief of Mina Vahedi bills, without amendment: Notash. to attend Michigan State University. S. 1078. An act for the relief of Mrs. Eliza- S. 2712. An act to amend chapter 35 of title He graduated from MSU in 1951 with a beth Eka Bassey and her children, Emman- 31, United States Code, to authorize the con- degree in Agriculture. uel O. Paul Bassey, Jacob Paul Bassey, and solidation of certain financial and perform- After graduation, Judge Preisel Mary Idongesit Paul Bassey. ance management reports required of Fed- moved to Carson City, Michigan, and S. 1513. An act for the relief of Jacqueline eral agencies, and for other purposes. S. 3194. An act to designate the facility of began teaching. After four years, he re- Salinas and her children Gabriela Salinas, Alejandro Salinas, and Omar Salinas. the United States Postal Service located at turned home to Imlay City, where he S. 2000. An act for the relief of Guy Taylor. 431 North George Street in Millersville, continued his teaching career. He S. 2002. An act for the relief of Tony Lara. Pennsylvania, as the ‘‘Robert S. Walker Post taught in Imlay City until 1969, and S. 2019. An act for the relief of Malia Mil- Office.’’ ler. spent the final two years of his tenure The message also announced that the there as both a teacher and a school S. 2289. An act for the relief of Jose Guada- lupe Tellez Pinales. House has passed the following bills, in administrator. During this time, Judge which it requests the concurrence of Preisel also doubled as a student, ob- The message also announced that the House has passed the following bill and the Senate: taining a Master’s of Science degree in H.R. 4399. An act to designate the facility 1956, and, in 1968, receiving a Jurist joint resolution, in which it requests the concurrence of the Senate: of the United States Postal Service located Doctorate degree from the Detroit Col- at 440 South Orange Blossom Trail in Or- H.R. 5528. An act to authorize the construc- lege of Law. lando, Florida, as the ‘‘Arthur ‘Pappy’ Ken- tion of a Wakpa Sica Reconciliation Place in nedy Post Office Building.’’ Upon receiving his law degree, Judge Fort Pierre, South Dakota, and for other Preisel entered into private practice, H.R. 4400. An act to designate the facility purposes. of the United States Postal Service located where he stayed until 1982, when he was H.J. Res. 117. Joint resolution making fur- at 1601–1 Main Street in Jacksonville, Flor- ther continuing appropriations for the fiscal elected to serve as Lapeer County Pro- ida, as the ‘‘Eddie Mae Steward Post Office year 2001, and for other purposes. bate Judge. He has held this position Building.’’ for the past 18 years, and during his The message further announced that H.R. 5309. An act to designate the facility time on the bench has become re- the House agrees to the amendment of of the United States Postal Service located spected not only for his knowledge of the Senate to the bill (H.R. 5314) to re- at 2305 Minton Road in West Melbourne, the law but also for his sensical ap- quire the immediate termination of the Florida, as the ‘‘Ronald W. Reagan Post Of- proach to its application. Individuals Department of Defense practice of fice Building.’’ leave Judge Preisel’s courtroom with euthanizing military working dogs at ENROLLED BILL SIGNED the knowledge that they have been the end of their useful working life and At 4:43 p.m., a message from the treated fairly, which in my mind is the to facilitate the adoption of retired House of Representatives, delivered by most worthy thing that can be said of military working dogs by law enforce- one of its clerks, announced that the a Judge. ment agencies, former handlers of Speaker has signed the following en- Judge Preisel has always found time these dogs, and other persons capable rolled joint resolution: to partake in community service. He of caring for these dogs. H.J. Res. 117. Joint resolution making fur- was a member of the Imlay School ENROLLED BILLS SIGNED ther continuing appropriations for the fiscal Board from 1969–1983. He has also been The message also announced that the year 2001, and for other purposes. involved in 4–H, the Lions Club, the Speaker has signed the following en- The enrolled bills were signed subse- Community Foundation, United Way, rolled bills: quently by the President pro tempore Kids In New Directions (KIND), Big H.R. 1651. An act to amend the Fisherman’s (Mr. THURMOND). Brothers-Big Sisters, and the Lapeer Protective Act of 1967 to extend the period f County Bar Association. during which reimbursement may be pro- vided to owners of United States fishing ves- EXECUTIVE AND OTHER Judge Preisel’s retirement will allow COMMUNICATIONS him to spend more time with his fam- sels for costs incurred when such a vessel is seized and detained by a foreign country. The following communications were ily. He and his wife, Beulah Joann An- H.R. 3218. An act to amend title 31, United derson, who celebrated their 50th Anni- States Code, to prohibit the appearance of laid before the Senate, together with versary on September 9th, 2000, have Social Security account numbers on or accompanying papers, reports, and doc- four children (Kathleen, Janet, Karen through unopened mailings of checks or uments, which were referred as indi- and James), and five grandchildren other drafts issued on public money in the cated: (Heather, Jason, Alysha, Katelyn and Treasury. EC–11325. A communication from the Dep- H.R. 5178. An act to require changes in the uty Associate Administrator, Environmental Steven). bloodborne pathogens standard in effect I applaud Judge Preisel for his ex- Protection Agency, transmitting, pursuant under the Occupational Safety and Health to law, the report of two items; to the Com- traordinary service to Lapeer County Act of 1970. mittee on Environment and Public Works. and the State of Michigan. His leader- The enrolled bills were signed subse- EC–11326. A communication from the As- ship in all phases of his career has been quently by the President pro tempore sistant Secretary of State (Legislative Af- exceptional and will be dearly missed. (Mr. THURMOND). fairs), transmitting, pursuant to law, the re- On behalf of the entire United States port of the transmittal of the certification of Senate, I congratulate and thank the At 3:08 p.m., a message from the the proposed issuance of an export license Honorable Clayton E. Preisel on a won- House of Representatives, delivered by relative to Israel; to the Committee on For- derful and successful career, and wish Mr. Hays, one of its reading clerks, an- eign Relations. EC–11327. A communication from the Pro- him the best of luck in retirement. nounced that the House has passed the gram Analyst of the Federal Aviation Ad- f following bill, with amendments: ministration, Department of Transportation, S. 2943. An act to authorize additional as- transmitting, pursuant to law, the report of MESSAGE FROM THE HOUSE sistance for international malaria control, a rule entitled ‘‘IFR Altitudes; Miscella- At 11:17 a.m., a message from the and to provide for coordination and consulta- neous Amendments (16); Amdt. No. 425 [10–23/ House of Representatives, delivered by tion in providing assistance under the For- 10–26]’’ (RIN 2120–AA63) (2000–0007) received Ms. Niland, one of its reading clerks, eign Assistance Act of 1961 with respect to on October 26, 2000; to the Committee on malaria, HIV, and tuberculosis. announced that the House has passed Commerce, Science, and Transportation. The message also announced that the EC–11328. A communication from the Pro- the following bills, without amend- gram Analyst of the Federal Aviation Ad- ment: House has agreed to the amendment of the Senate to the bill (H.R. 1550) to au- ministration, Department of Transportation, S. 11. An act for the relief of Wei thorize appropriations for the United transmitting, pursuant to law, the report of Jingsheng. a rule entitled ‘‘IFR Altitudes; Miscella- S. 150. An act for the relief of Marina States Fire Administration for fiscal neous Amendments (71), amdt. no. 2015 [10–20/ Khalina and her son, Albert Mifakhov. years 2000 and 2001, and for other pur- 10–26]’’ (RIN 2120–AA63) (2000–0008) received S. 276. An act for the relief of Sergio poses, with amendments to the Senate on October 26, 2000; to the Committee on Lozano, Faurico Lozano and Ana Lozano. amendment. Commerce, Science, and Transportation.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.107 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11251 EC–11329. A communication from the Pro- Raytheon Aircraft Company Beech Models ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- A–36 and B36TC Airplanes; docket no. 2000– transmitting, pursuant to law, the report of ministration, Department of Transportation, CE–15 [10–13/10–26]’’ (RIN 2120–AA64) (2000– a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of 0509) received on October 26, 2000; to the Boeing Model 747 and 767 Airplanes Powered a rule entitled ‘‘IFR Altitudes; Miscella- Committee on Commerce, Science, and by GE Model CF6–80C2 Series Engines; Dock- neous Amendments (55); Amdt. No. 2014 [10– Transportation. et no. 99–NM–228 [10–18/10–26]’’ (RIN 2120– 20/10–26]’’ (RIN 2120–AA63) (2000–0009) received EC–11338. A communication from the Pro- AA64) (2000–0518) received on October 26, 2000; on October 26, 2000; to the Committee on gram Analyst of the Federal Aviation Ad- to the Committee on Commerce, Science, Commerce, Science, and Transportation. ministration, Department of Transportation, and Transportation. EC–11330. A communication from the Pro- transmitting, pursuant to law, the report of EC–11347. A communication from the Pro- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Aerotechnic s.r.o. Model L13 SEH VIVAT ministration, Department of Transportation, transmitting, pursuant to law, the report of Sailplanes; docket no. 2000–CE–01 [10–17/10– transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: 26]’’ (RIN 2120–AA64) (2000–0510) received on a rule entitled ‘‘Airworthiness Directives: Bombardier Model C1–600–2B19 Series Air- October 26, 2000; to the Committee on Com- Eurocopter France Model AS332C, L and L1 planes; docket no. 2000–NM–312 [10–16/10–26]’’ merce, Science, and Transportation. Helicopters; docket no. 99–SW–35 [10–18/10– (RIN 2120–AA64) (2000–0502) received on Octo- EC–11339. A communication from the Pro- 26]’’ (RIN 2120–AA64) (2000–0519) received on ber 26, 2000; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- October 26, 2000; to the Committee on Com- Science, and Transportation. ministration, Department of Transportation, merce, Science, and Transportation. EC–11331. A communication from the Pro- transmitting, pursuant to law, the report of EC–11348. A communication from the Pro- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, ministration, Department of Transportation, Empresa Brasileira de Aeronautica S.A. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Model EMB–120 Series Airplanes; docket no. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: 99–NM–356 [10–6/10–26]’’ (RIN 2120–AA64) (2000– Boeing Model 747–400 Series Airplanes; dock- Empressa Brasileira de Aeronautica SA 0511) received on October 26, 2000; to the Committee on Commerce, Science, and et no. 99–NM–248 [10–18/10–26]’’ (RIN 2120– Model EMB–120, 120ER, 120RT Series Air- AA64) (2000–0520) received on October 26, 2000; planes; docket no. 2000–NM–122 [9–26/10–26]’’ Transportation. EC–11340. A communication from the Pro- to the Committee on Commerce, Science, (RIN 2120–AA64) (2000–0503) received on Octo- and Transportation. ber 26, 2000; to the Committee on Commerce, gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, EC–11349. A communication from the Pro- Science, and Transportation. gram Analyst of the Federal Aviation Ad- EC–11332. A communication from the Pro- transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of ministration, Department of Transportation, Boeing Model 757 Series Airplanes Powered by P&W Engines; docket no. 99–NM–308 [10–6/ a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of Bell Helicopter Textron Canada Model 407 a rule entitled ‘‘Airworthiness Directives: 10–26]’’ (RIN 2120–AA64) (2000–0512) received on October 26, 2000; to the Committee on Helicopters; docket no. 2000–SW–24 [10–18/10– Eurocopter France Model AS–350B, BA, B1, 26]’’ (RIN 2120–AA64) (2000–0521) received on B2, B3, C, D, and D1, and AS–355E, F, F1, F2, Commerce, Science, and Transportation. EC–11341. A communication from the Pro- October 26, 2000; to the Committee on Com- and N Helicopters; docket no. 2000–SW–25 [10– gram Analyst of the Federal Aviation Ad- merce, Science, and Transportation. 16/10–26]’’ (RIN 2120–AA64) (2000–0504) received ministration, Department of Transportation, EC–11350. A communication from the Pro- on October 26, 2000; to the Committee on gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of Commerce, Science, and Transportation. ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: EC–11333. A communication from the Pro- transmitting, pursuant to law, the report of Airbus Model A300 and A300–600 Series Air- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Standard Instrument Ap- planes; docket no. 98–NM–207 [10–11/10–26]’’ ministration, Department of Transportation, proach Procedures; Miscellaneous Amend- (RIN 2120–AA64) (2000–0513) received on Octo- transmitting, pursuant to law, the report of ments (65); amdt. 2016 [10–20/10–26]’’ (RIN ber 26, 2000; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: 2120–AA65) (2000–0053) received on October 26, Science, and Transportation. 2000; to the Committee on Commerce, Raytheon Aircraft Company Beech Models EC–11342. A communication from the Pro- Science, and Transportation. 1900, 1900C, and 1900D Airplanes, docket no. gram Analyst of the Federal Aviation Ad- 2000–CE–29 [10–6/10–26]’’ (RIN 2120–AA64) EC–11351. A communication from the Pro- ministration, Department of Transportation, gram Analyst of the Federal Aviation Ad- (2000–0505) received on October 26, 2000; to the transmitting, pursuant to law, the report of Committee on Commerce, Science, and ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of Transportation. McDonnell Douglas Model DC–8 Series Air- EC–11334. A communication from the Pro- a rule entitled ‘‘Amendment to Class E Air- planes; docket no. 98–NM–135 [10–6/10–26]’’ space; Columbia, MO; docket no. 00–ACE–21 gram Analyst of the Federal Aviation Ad- (RIN 2120–AA64) (2000–0514) received on Octo- ministration, Department of Transportation, [10–16/10–26]’’ (RIN 2120–AA66) (2000–0247) re- ber 26, 2000; to the Committee on Commerce, ceived on October 26, 2000; to the Committee transmitting, pursuant to law, the report of Science, and Transportation. a rule entitled ‘‘Airworthiness Directives: on Commerce, Science, and Transportation. EC–11343. A communication from the Pro- EC–11352. A communication from the Pro- DG Flugzeugbau GmbH Model DG–800B Sail- gram Analyst of the Federal Aviation Ad- planes; docket no. 99–CE–90 [10–13/10–26]’’ gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ministration, Department of Transportation, (RIN 2120–AA64) (2000–0506) received on Octo- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ber 26, 2000; to the Committee on Commerce, a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Amendment to Class E Air- Science, and Transportation. Boeing Model 737–100, 200, 200C, 300, 400, and space; Oelwein, IA; docket no. 00–ACE–12 [9– EC–11335. A communication from the Pro- 500 Series Airplanes; docket no. 99–NM–69 [9– 18/10–26]’’ (RIN 2120–AA66) (2000–0248) received gram Analyst of the Federal Aviation Ad- 20/10–26]’’ (RIN 2120–AA64) (2000–0515) received on October 26, 2000; to the Committee on ministration, Department of Transportation, on October 26, 2000; to the Committee on Commerce, Science, and Transportation. transmitting, pursuant to law, the report of Commerce, Science, and Transportation. EC–11353. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: EC–11344. A communication from the Pro- gram Analyst of the Federal Aviation Ad- LET Aeronautical Works Model L–13 gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, ‘‘Blanik’’ Sailplanes; docket no. 99–CE–91 [10– ministration, Department of Transportation, transmitting, pursuant to law, the report of 13/10–26]’’ (RIN 2120–AA64) (2000–0507) received transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment to Class E Air- on October 26, 2000; to the Committee on a rule entitled ‘‘Airworthiness Directives: space; Fairfield, IA; docket no. 00–ACE–13 Commerce, Science, and Transportation. Dornier Model 329–300 Series Airplanes; dock- [10–5/10–26]’’ (RIN 2120–AA66) (2000–0249) re- EC–11336. A communication from the Pro- et no. 99–NM–364 [10–25/10–26]’’ (RIN 2120– ceived on October 26, 2000; to the Committee gram Analyst of the Federal Aviation Ad- AA64) (2000–0516) received on October 26, 2000; on Commerce, Science, and Transportation. ministration, Department of Transportation, to the Committee on Commerce, Science, EC–11354. A communication from the Pro- transmitting, pursuant to law, the report of and Transportation. gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: EC–11345. A communication from the Pro- ministration, Department of Transportation, British Aerospace HP137 Hk1, Jetstream Se- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of ries 200, and Jetstream Models 3101 and 3201 ministration, Department of Transportation, a rule entitled ‘‘Subdivision of Restricted Airplanes; docket no. 2000–CE–12 [10–13/10– transmitting, pursuant to law, the report of Areas R–6412A and B, and Establishment of 26]’’ (RIN 2120–AA64) (2000–0508) received on a rule entitled ‘‘Airworthiness Directives: R–6412C and D, Comp Williams, Utah docket October 26, 2000; to the Committee on Com- Fokker Model F.28 Mark 0100 Series Air- no. 00–ANM–10 [10–5/10–26]’’ (RIN 2120–AA66) merce, Science, and Transportation. planes; docket no. 200–NM–17 [10–25/10–26]’’ (2000–0250) received on October 26, 2000; to the EC–11337. A communication from the Pro- (RIN 2120–AA64) (2000–0517) received on Octo- Committee on Commerce, Science, and gram Analyst of the Federal Aviation Ad- ber 26, 2000; to the Committee on Commerce, Transportation. ministration, Department of Transportation, Science, and Transportation. EC–11355. A communication from the Pro- transmitting, pursuant to law, the report of EC–11346. A communication from the Pro- gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation,

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.034 pfrm01 PsN: S27PT1 S11252 CONGRESSIONAL RECORD — SENATE October 27, 2000 transmitting, pursuant to law, the report of EC–11365. A communication from the Pro- other purposes; to the Committee on Foreign a rule entitled ‘‘Amendment to Class E Air- gram Analyst of the Federal Aviation Ad- Relations. space; Piayune, MS; docket no. 00–ASO–28 ministration, Department of Transportation, By Mr. DASCHLE (for Mr. DURBIN (for [10–6/10–26]’’ (RIN 2120–AA66) (2000–0251) re- transmitting, pursuant to law, the report of himself, Mr. MOYNIHAN, and Mr. ceived on October 26, 2000; to the Committee a rule entitled ‘‘Amendment to Class E Air- SCHUMER)): on Commerce, Science, and Transportation. space; Elkhart, KS; docket no. 00–ACE–22 S. 3255. A bill to amend the Balanced Budg- EC–11356. A communication from the Pro- [10–16/10–26]’’ (RIN 2120–AA66) (2000–0261) re- et Act of 1997 to apply the medicaid dis- gram Analyst of the Federal Aviation Ad- ceived on October 26, 2000; to the Committee proportionate share hospital payment transi- ministration, Department of Transportation, on Commerce, Science, and Transportation. tion rule to public hospitals in all States; to transmitting, pursuant to law, the report of EC–11366. A communication from the Pro- the Committee on Finance. a rule entitled ‘‘Modification of Class E Air- gram Analyst of the Federal Aviation Ad- By Mrs. LINCOLN: space; Harbo Springs, MI; docket no. 00– ministration, Department of Transportation, S. 3256. A bill to authorize the Secretary of AGL–14 [10–6/10–26]’’ (RIN 2120–AA66) (2000– transmitting, pursuant to law, the report of Agriculture to sell or exchange all or part of 0252) received on October 26, 2000; to the a rule entitled ‘‘Amendment to Class E Air- certain administrative sites and other land Committee on Commerce, Science, and space; Pittsburg, KS; docket no. 00–ACE–28 in the Ozark-St. Francis and Ouachita Na- Transportation. [10–24/10–26]’’ (RIN 2120–AA66) (2000–0262) re- tional Forests and to use funds derived from EC–11357. A communication from the Pro- ceived on October 26, 2000; to the Committee the sale or exchange to acquire, construct, or gram Analyst of the Federal Aviation Ad- on Commerce, Science, and Transportation. improve administrative sites; to the Com- ministration, Department of Transportation, EC–11367. A communication from the Pro- mittee on Agriculture, Nutrition, and For- transmitting, pursuant to law, the report of gram Analyst of the Federal Aviation Ad- estry. a rule entitled ‘‘Amendment to Class E Air- ministration, Department of Transportation, By Mr. HARKIN: space; Dexter, MO; docket no. 00–ACE–31 [9– transmitting, pursuant to law, the report of S. 3257. A bill to establish a Chief Labor 29/10–26]’’ (RIN 2120–AA66) (2000–0253) received a rule entitled ‘‘Establishment of Class D & Negotiator in the Office of the United States on October 26, 2000; to the Committee on E Airspace and Amendment to Class E Air- Trade Representative; to the Committee on Commerce, Science, and Transportation. EC–11358. A communication from the Pro- space; Garden City, KS; docket no. 00–ACE– Finance. gram Analyst of the Federal Aviation Ad- 25 [10–25/10–26]’’ (RIN 2120–AA66) (2000–0263) By Mr. HARKIN (for himself, Mr. ministration, Department of Transportation, received on October 26, 2000; to the Com- WELLSTONE, Mr. KENNEDY , Mrs. MUR- transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- RAY, Mrs. BOXER, Ms. MIKULSKI, Mr. a rule entitled ‘‘Amendment to Class E Air- tation. LIEBERMAN, Mr. ROCKEFELLER, Mr. space; Moberly, MO; docket no. 00–ACE–30 [9– EC–11368. A communication from the Sec- BINGAMAN, Mr. FEINGOLD, Mr. AKAKA, 29/10–26]’’ (RIN 2120–AA66) (2000–0254) received retary of Health and Human Services, trans- Mr. SARBANES, Mr. LEAHY, Mr. DODD, on October 26, 2000; to the Committee on mitting, a draft of proposed legislation enti- Mr. KERRY, and Mr. BAUCUS): Commerce, Science, and Transportation. tled ‘‘National Health Service Corps Amend- S. 3258. A bill to amend the National Labor EC–11359. A communication from the Pro- ments of 2000’’; to the Committee on Health, Relations Act and the Railway Labor Act to gram Analyst of the Federal Aviation Ad- Education, Labor, and Pensions. prevent discrimination based on participa- ministration, Department of Transportation, f tion in labor disputes; to the Committee on transmitting, pursuant to law, the report of Health, Education, Labor, and Pensions. a rule entitled ‘‘Amendment to Class E Air- REPORTS OF COMMITTEES By Mr. MOYNIHAN: space; Atwood, KS; docket no. 00–ACE–19 [9– S. 3259. A bill to amend the Internal Rev- The following reports of committees enue Code of 1986 to provide a rehabilitation 25/10–26]’’ (RIN 2120–AA66) (2000–0255) received were submitted: on October 26, 2000; to the Committee on credit for certain expenditures to rehabili- Commerce, Science, and Transportation. By Mr. THOMPSON, from the Committee tate historic performing arts facilities; to EC–11360. A communication from the Pro- on Governmental Affairs: the Committee on Finance. gram Analyst of the Federal Aviation Ad- Report to accompany S. 870, a bill to By Mr. HARKIN (for himself and Mr. ministration, Department of Transportation, amend the Inspector General Act of 1978 (5 SMITH of Oregon): transmitting, pursuant to law, the report of U.S.C. App.) to increase the efficiency and S. 3260. A bill to amend the Food Security a rule entitled ‘‘Removal of Class E Airspace; accountability of Offices of Inspector Gen- Act of 1985 to establish the conservation se- Simmons Army Airfield, NC; Docket no. 00– eral within Federal departments, and for curity program; to the Committee on Agri- ASO–39 [9–25/10–26]’’ (RIN 2120–AA66) (2000– other purposes (Rept. No. 106–510). culture, Nutrition, and Forestry. 0256) received on October 26, 2000; to the f f Committee on Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND SUBMISSION OF CONCURRENT AND EC–11361. A communication from the Pro- JOINT RESOLUTIONS SENATE RESOLUTIONS gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, The following bills and joint resolu- The following concurrent resolutions transmitting, pursuant to law, the report of tions were introduced, read the first and Senate resolutions were read, and a rule entitled ‘‘Revision of Class E Airspace; and second times by unanimous con- referred (or acted upon), as indicated: Ambler, AK; docket no. 00–AAL–4 [9–25/10– sent, and referred as indicated: By Mr. LOTT (for himself and Mr. 26]’’ (RIN 2120–AA66) (2000–0257) received on By Mr. BIDEN: October 26, 2000; to the Committee on Com- DASCHLE): S. 3252. A bill to establish a national center merce, Science, and Transportation. S. Res. 383. A resolution extending the au- EC–11362. A communication from the Pro- on volunteer and provider screening to re- thorities relating to the Senate National Se- gram Analyst of the Federal Aviation Ad- duce sexual and other abuse of children, the curity Working Group; considered and agreed ministration, Department of Transportation, elderly, and individuals with disabilities; to to. transmitting, pursuant to law, the report of the Committee on the Judiciary. f a rule entitled ‘‘Amendment to Class E Air- By Mr. MCCONNELL (for himself and space; Oakley, KS; docket no. 00–ACE–20 [9– Mr. BYRD): STATEMENTS ON INTRODUCED 25/10–26]’’ (RIN 2120–AA66) (2000–0258) received S. 3253. A bill to authorize Department of BILLS AND JOINT RESOLUTIONS on October 26, 2000; to the Committee on Energy programs to develop and implement Commerce, Science, and Transportation. an accelerated research and development Mr. BIDEN: EC–11363. A communication from the Pro- program for advanced clean coal tech- S. 3252. A bill to establish a national gram Analyst of the Federal Aviation Ad- nologies for use in coal-based electricity gen- center on volunteer and provider ministration, Department of Transportation, erating facilities and to amend the Internal screening to reduce sexual and other transmitting, pursuant to law, the report of Revenue Code of 1986 to provide financial in- abuse of children, the elderly, and indi- a rule entitled ‘‘Amendment to Class E4 Air- centives to encourage the retrofitting, viduals with disabilities, to the Com- repowering, or replacement of coal-based space; Melbourne, FL; docket no. 00–ASO–34 mittee on the Judiciary. [9–22/10–26]’’ (RIN 2120–AA66) (2000–0259) re- electricity generating facilities to protect ceived on October 26, 2000; to the Committee the environment and improve efficiency and NATIONAL CHILD PROTECTION IMPROVEMENT on Commerce, Science, and Transportation. encourage the early commercial application ACT EC–11364. A communication from the Pro- of advanced clean coal technologies, so as to Mr. BIDEN. Mr. President, as every- gram Analyst of the Federal Aviation Ad- allow coal to help meet the growing need of one in this room knows all too well, I ministration, Department of Transportation, the United States for the generation of reli- have devoted much of my career to transmitting, pursuant to law, the report of able and affordable electricity; to the Com- fighting crime. And if there is one a rule entitled ‘‘Amendment to Class E Air- mittee on Finance. space; Fairfield, IA; docket no. 00–ACE–13 [9– By Mr. KENNEDY: thing that I have learned over the 19/10–26]’’ (RIN 2120–AA66) (2000–0260) received S. 3254. A bill to provide assistance to East course of the past 30 years in public on October 26, 2000; to the Committee on Timor to facilitate the transition of East service, it’s this: an ounce of preven- Commerce, Science, and Transportation. Timor to an independent nation, and for tion is worth a pound of cure. I have

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.036 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11253 watched as the Boys and Girls Clubs There being no objection, the bill was ‘‘SEC. 603. DEFINITIONS. and other non-profits have worked to ordered to be printed in the RECORD, as ‘‘In this Act— make certain that kids have a safe follows: ‘‘(1) the term ‘qualified entity’ means a business or organization, whether public, pri- place to go after school. I have been S. 3252 supportive of countless crime preven- vate, for-profit, not-for-profit, or voluntary, Be it enacted by the Senate and House of Rep- that provides care or care placement serv- tion initiatives to protect our children, resentatives of the United States of America in ices, including a business or organization our parents and those unable to protect Congress assembled, that licenses or certifies others to provide themselves. And guess what, these pro- SECTION 1. SHORT TITLE. care or care placement services designated grams have worked to prevent crime. This Act may be cited as the ‘‘National by the National Task Force; But even those programs whose single Child Protection Improvement Act’’. ‘‘(2) the term ‘volunteer provider’ means a purpose is to do good, have seen some SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER person who volunteers or seeks to volunteer ON VOLUNTEER AND PROVIDER with a qualified entity; bad times. And that is why today, I am SCREENING. introducing the National Child Protec- ‘‘(3) the term ‘provider’ means a person The Juvenile Justice and Delinquency Pre- who is employed by or volunteers or who tion Act. vention Act of 1974 (42 U.S.C. 5601 et seq.) is seeks to be employed by or volunteer with a Today, more than 87 million kids are amended by adding at the end the following: qualified entity, who owns or operates a involved each year in activities pro- ‘‘TITLE VI—NATIONAL CENTER ON qualified entity, or who has or may have un- vided by child and youth organizations VOLUNTEER AND PROVIDER SCREENING supervised access to a child to whom the which depend heavily on volunteers to ‘‘SEC. 601. SHORT TITLE. qualified entity provides care; deliver their services. Millions more ‘‘This title may be cited as the ‘National ‘‘(4) the term ‘national criminal back- adults are also served by public and Child Protection Improvement Act’. ground check system’ means the criminal private voluntary organizations. Places ‘‘SEC. 602. FINDINGS. history record system maintained by the ‘‘Congress finds the following: Federal Bureau of Investigation based on fin- like the Boys and Girls Clubs rely on gerprint identification or any other method volunteers to make these safe havens ‘‘(1) More than 87,000,000 children are in- volved each year in activities provided by of positive identification; for kids a place where they can learn. child and youth organizations which depend ‘‘(5) the term ‘child’ means a person who is But, while these non-profit organiza- heavily on volunteers to deliver their serv- under the age of 18; tions are doing God’s work, there are ices. ‘‘(6) the term ‘individuals with disabilities’ some volunteers who have a different ‘‘(2) Millions more adults, both the elderly has the same meaning as that provided in agenda—and there are abuses that and individuals with disabilities, are served section 5(7) of the National Child Protection occur. by public and private voluntary organiza- Act of 1993; The National Mentoring Partnership tions. ‘‘(7) the term ‘State’ has the same meaning as that provided in section 5(11) of the Na- reports that incidents of child sexual ‘‘(3) The vast majority of activities pro- vided to children, the elderly, and individ- tional Child Protection Act of 1993; and abuse in child care settings, foster uals with disabilities by public and private ‘‘(8) the term ‘care’ means the provision of homes and schools ranges from 1 to 7 nonprofit agencies and organizations result care, treatment, education, training, in- percent. This is basic stuff—these orga- in the delivery of much needed services in struction, supervision, or recreation to chil- nizations can not function effectively safe environments that could not be provided dren, the elderly, or individuals with disabil- without a safe infrastructure in place. without the assistance of virtually millions ities. Currently most child-service organi- of volunteers, but abuses do occur. ‘‘SEC. 604. ESTABLISHMENT OF A NATIONAL CEN- zations do background checks on vol- ‘‘(4) Estimates of the incidence of child TER FOR VOLUNTEER AND PRO- unteers, but they may have to wait sexual abuse in child care settings, foster VIDER SCREENING. weeks or months for the result of a care homes, and schools, range from 1 to 7 ‘‘(a) IN GENERAL.—The Attorney General, percent. by agreement with a national nonprofit or- state or national criminal background ‘‘(5) Abuse traumatizes the victims and ganization or by designating an agency with- check. Conducting these checks is also shakes public trust in care providers and or- in the Department of Justice, shall— costly and therefore many organiza- ganizations serving vulnerable populations. ‘‘(1) establish a national center for volun- tions conduct only a limited check of ‘‘(6) Congress has acted to address concerns teer and provider screening designed— their volunteers. And some organiza- about this type of abuse through the Na- ‘‘(A) to serve as a point of contact for tions don’t have access to national fin- tional Child Protection Act of 1993 and the qualified entities to request a nationwide gerprint databases which means that Violent Crime Control Act of 1994 to set background check for the purpose of deter- while a volunteer may pass a name- forth a framework for screening through mining whether a volunteer provider or pro- criminal record checks of care providers, in- vider has been arrested for or convicted of a check in one state, he may have been cluding volunteers who work with children, crime that renders the provider unfit to have convicted of atrocities in another. Our the elderly, and individuals with disabilities. responsibilities for the safety and well-being children, our parents and the disadvan- Unfortunately, problems regarding the safe- of children, the elderly, or individuals with taged are at risk and they need help. ty of these vulnerable groups still remain. disabilities; That is why my bill authorizes $180 ‘‘(7) While State screening is sometimes ‘‘(B) to promptly access and review Federal million over five years for the FBI to adequate to conduct volunteer background and State criminal history records and reg- establish a national center to conduct checks, more extensive national criminal istries through the national criminal history national criminal history fingerprint history checks using fingerprints or other background check system— checks. Their checks will be provided means of positive identification are often ad- ‘‘(i) at no cost to a qualified entity for visable, as a prospective volunteer or nonvol- checks on volunteer providers; and to volunteer organizations at no cost unteer provider may have lived in more than ‘‘(ii) at minimal cost to qualified entities and to all other organizations that one State. for checks on non-volunteer providers; serve children at minimal cost. This ‘‘(8) The high cost of fingerprint back- with cost for screening non-volunteer pro- national center would screen 10 million ground checks is unaffordable for organiza- viders will be determined by the National volunteers each year and will make tions that use a large number of volunteers Task Force; these volunteer-oriented organizations and, if passed on to volunteers, often dis- ‘‘(C) to provide the determination of the a safer place for all. My bill also au- courages their participation. criminal background check to the qualified thorizes $5 million to provide states ‘‘(9) The current system of retrieving na- entity requesting a nationwide background tional criminal background information on check after not more than 15 business days with funds to hire personnel and im- volunteers through an authorized agency of after the request; prove fingerprint technology so that the State is cumbersome and often requires ‘‘(D) to serve as a national resource center they can update information in na- months before vital results are returned. and clearinghouse to provide State and local tional databases. ‘‘(10) In order to protect children, volun- governments, public and private nonprofit This should be an easy one for all of teer agencies must currently depend on a agencies and individuals with information us. Most of us already understand the convoluted, disconnected, and sometimes du- regarding volunteer screening; and positive impact that these non-profits plicative series of checks that leave children ‘‘(2) establish a National Volunteer Screen- are having. Now, we have a duty to at risk. ing Task Force (referred to in this title as ‘‘(11) A national volunteer and provider the ‘Task Force’) to be chaired by the Attor- make these places safe for those most screening center is needed to protect vulner- ney General which shall— at-risk. able groups by providing effective, efficient ‘‘(A) include— Mr. President, I ask unanimous con- national criminal history background checks ‘‘(i) 2 members each of— sent that the text of this bill be placed of volunteer providers at no-cost, and at ‘‘(I) the Federal Bureau of Investigation; in the RECORD. minimal-cost for employed care providers. ‘‘(II) the Department of Justice;

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.039 pfrm01 PsN: S27PT1 S11254 CONGRESSIONAL RECORD — SENATE October 27, 2000 ‘‘(III) the Department of Health and check under this section is entitled to con- be provided to each State and the District of Human Services; tact the National Center to initiate proce- Columbia to hire personnel to— ‘‘(IV) representatives of State Law En- dures to— (1) provide information and training to forcement organizations; ‘‘(A) obtain a copy of their criminal his- each county law enforcement agency within ‘‘(V) national organizations representing tory record report; and the State regarding all National Child Pro- private nonprofit qualified entities using ‘‘(B) challenge the accuracy and complete- tection Act requirements for input of crimi- volunteers to serve the elderly; and ness of the criminal history record informa- nal and disposition data into the national ‘‘(VI) national organizations representing tion in the report. criminal history background check system; private nonprofit qualified entities using ‘‘(4) The National Center receiving a crimi- and volunteers to serve individuals with disabil- nal history record information that lacks (2) provide an annual summary to the Na- ities; and disposition information shall, to the extent tional Task Force of the State’s progress in ‘‘(ii) 4 members of national organizations possible, contact State and local record- complying with the criminal data entry pro- representing private nonprofit qualified enti- keeping systems to obtain complete informa- visions of the National Child Protection Act ties using volunteers to serve children; tion. of 1993 which shall include information about ‘‘(5) The National Center shall make a de- the input of criminal data, child abuse crime to be appointed by the Attorney General; termination whether the criminal history information, domestic violence arrests and and record information received in response to stay-away orders of protection. ‘‘(B) oversee the work of the Center and re- the national background check indicates (c) AUTHORIZATION OF APPROPRIATIONS.— port at least annually to the President and that the provider has a criminal history (1) IN GENERAL.—To carry out the provi- Congress with regard to the work of the Cen- record that renders the provider unfit to pro- sions of this section, there are authorized to ter and the progress of the States in com- vide care to children, the elderly, or individ- be appropriated a total of $5,100,000 for fiscal plying with the provisions of the National uals with disabilities based upon criteria es- year 2001 and such sums as may be necessary Child Protection Act of 1993. tablished by the National Task Force on Vol- for each of the fiscal years 2002, 2003, 2004, ‘‘SEC. 605. AUTHORIZATION OF APPROPRIATIONS. unteer Screening, and will convey that de- and 2005, sufficient to improve fingerprint ‘‘(a) IN GENERAL.—To carry out the provi- termination to the qualified entity. technology units and hire data entry im- sions of this title, there are authorized to be ‘‘(b) GUIDANCE BY THE NATIONAL TASK provement personnel in each of the 50 States appropriated $80,000,000 for fiscal year 2001 FORCE.—The National Task Force, chaired and the District of Columbia. and $25,000,000 for each of the fiscal years by the Attorney General shall— (2) AVAILABILITY.—Sums appropriated 2002, 2003, 2004, and 2005, sufficient to provide ‘‘(1) encourage the use, to the maximum under this section shall remain available no-cost background checks of volunteers extent possible, of the best technology avail- until expended. working with children, the elderly, and indi- able in conducting criminal background viduals with disabilities. checks; and Mr. KENNEDY: ‘‘(b) AVAILABILITY.—Sums appropriated ‘‘(2) provide guidelines concerning stand- under this section shall remain available ards to guide the National Center in making S. 3254. A bill to provide assistance to until expended.’’. fitness determinations concerning care pro- East Timor to facilitate the transition SEC. 3. STRENGTHENING AND ENFORCING THE viders based upon criminal history record in- of East Timor to an independent na- NATIONAL CHILD PROTECTION ACT formation. tion, and for other purposes; to the OF 1993. ‘‘(c) LIMITATIONS OF LIABILITY.— Committee on Foreign Relations. Section 3 of the National Child Protection ‘‘(1) IN GENERAL.—A qualified entity shall Act of 1993 (42 U.S.C. 5119 et seq.) is amended not be liable in an action for damages solely EAST TIMOR TRANSITION TO INDEPENDENCE ACT to read as follows: for failure to request a criminal history OF 2000 ‘‘SEC. 3. NATIONAL BACKGROUND CHECKS. background check on a provider, nor shall a Mr. KENNEDY. Mr. President, today, ‘‘(a) IN GENERAL.—Requests for national State or political subdivision thereof nor any along with Senators CHAFEE, LEAHY, background checks under this section shall agency, officer or employee thereof, be liable HARKIN, FEINGOLD, REED and JEFFORDS, be submitted to the National Center for Vol- in an action for damages for the failure of a I am introducing legislation to help fa- unteer Screening which shall conduct a qualified entity (other than itself) to take cilitate East Timor’s transition to search using the Integrated Automated Fin- action adverse to a provider who was the independence. Congressman GEJDENSON gerprint Identification System, or other subject of a criminal background check. has introduced similar legislation in criminal record checks using reliable means ‘‘(2) RELIANCE.—The National Center or a of positive identification subject to the fol- qualified entity that reasonably relies on the House of Representatives. lowing conditions: criminal history record information received In August 1999, after almost three ‘‘(1) A qualified entity requesting a na- in response to a background check pursuant decades of unrest under Indonesian tional criminal history background check to this section shall not be liable in an ac- rule, the people of East Timor voted under this section shall forward to the Na- tion for damages based upon the inaccuracy overwhelmingly in favor of independ- tional Center the provider’s fingerprints or or incompleteness of the information. ence. other identifying information, and shall ob- ‘‘(d) FEES.—In the case of a background They did so at great personal risk. tain a statement completed and signed by check pursuant to a State requirement Anti-independence militia groups the provider that— adopted after December 20, 1993, conducted killed hundreds, hoping to intimidate ‘‘(A) sets out the provider or volunteer’s through the National Center using the fin- gerprints or other identifying information of and retaliate against those supporting name, address, date of birth appearing on a independence. The militias also de- valid identification document as defined in a person who volunteers with a qualified en- section 1028 of title 18, United States Code, tity shall be free of charge. This subsection stroyed or severely damaged seventy and a photocopy of the valid identifying doc- shall not affect the authority of the FBI, the percent of East Timor’s infrastructure. ument; National Center, or the States to collect rea- Government services and public secu- ‘‘(B) states whether the provider or volun- sonable fees for conducting criminal history rity were severely undermined. teer has a criminal record, and, if so, sets background checks of providers who are em- An international effort, led by Aus- out the particulars of such record; ployed as or apply for positions as paid em- ployees.’’. tralia and including the United States, ‘‘(C) notifies the provider or volunteer that brought much-needed stability to East the National Center for Volunteer Screening SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO STRENGTHEN Timor. may perform a criminal history background CRIMINAL DATA REPOSITORIES AND Now, under the United Nation’s Tran- check and that the provider’s signature to FINGERPRINT TECHNOLOGY. sitional Authority, stability is taking the statement constitutes an acknowledge- (a) ESTABLISHMENT.—A model program ment that such a check may be conducted; hold again in East Timor, and normal shall be established in each State and the life is slowly returning. ‘‘(D) notifies the provider or volunteer that District of Columbia for the purpose of im- prior to and after the completion of the proving fingerprinting technology which In coming months, looking to Amer- background check, the qualified entity may shall grant to each State $50,000 to either— ica and other democratic nations as an choose to deny the provider access to chil- (1) purchase Live-Scan fingerprint tech- example, East Timor’s leaders will hold dren or elderly or persons with disabilities; nology and a State-vehicle to make such a constitutional convention to decide and technology mobile and these mobile units which form of democratic government ‘‘(E) notifies the provider or volunteer of shall be used to travel within the State to to adopt. It is a process that reminds his right to correct an erroneous record held assist in the processing of fingerprint back- us of our own Constitutional Conven- by the FBI or the National Center. ground checks; or tion and would make our Founding Fa- ‘‘(2) Statements obtained pursuant to para- (2) purchase electric fingerprint imaging graph (1) and forwarded to the National Cen- thers proud. machines for use throughout the State to Late next year, after choosing a form ter shall be retained by the qualified entity send fingerprint images to the National Cen- or the National Center for at least 2 years. ter to conduct background checks. of democratic government and electing ‘‘(3) Each provider or volunteer who is the (b) ADDITIONAL FUNDS.—In addition to leaders, East Timor is expected to de- subject of a criminal history background funds provided in subsection (a), $50,000 shall clare its independence as the UN draws

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.040 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11255 down. A new, democratic nation will (1) On August 30, 1999, the East Timorese (1) support the development of civil soci- take its rightful place in the world. people voted overwhelmingly in favor of ety, including nongovernmental organiza- This is a success story. It is a great independence from Indonesia. Anti-independ- tions in East Timor; success story. But it is far from over. ence militias, with the support of the Indo- (2) promote the development of an inde- East Timor remains one of the poor- nesian military, attempted to prevent then pendent news media; retaliated against this vote by launching a (3) support job creation and economic de- est places in Asia. Only 20 percent of campaign of terror and violence, displacing velopment in East Timor, including support its population is literate. The annual 500,000 people and murdering hundreds. for microenterprise programs and technical per capita gross national product is (2) The violent campaign devastated East education, as well as environmental protec- $340. Timor’s infrastructure, destroyed or severely tion and education programs; The people of East Timor need and damaged 60 to 80 percent of public and pri- (4) promote reconciliation, conflict resolu- deserve our help. The extraordinary vate property, and resulted in the collapse of tion, and prevention of further conflict with physical and moral courage they dem- virtually all vestiges of government, public respect to East Timor, including establishing onstrated over the years is impressive. services and public security. accountability for past gross human rights The great faith in the democratic proc- (3) The Australian-led International Force violations; for East Timor (INTERFET) entered East (5) support the voluntary and safe repatri- ess they showed by voting for inde- Timor in September 1999 and successfully re- ation and reintegration of refugees into East pendence under the barrel of a gun stored order. On October 25, 1999, the United Timor; and must not go unrewarded. Nations Transitional Administration for (6) support political party development, This bill is our chance to help them, East Timor (UNTAET) began providing over- voter education, voter registration and other and help now. Its purpose is to put U.S. all administration of East Timor, guide the activities in support of free and fair elec- governmental programs and resources people of East Timor in the establishment of tions in East Timor. in place now and to enable U.S. govern- a new democratic government, and maintain (b) AUTHORIZATION OF APPROPRIATIONS.— ment agencies to focus on the immi- security and order. (1) IN GENERAL.—There are authorized to be appropriated to carry out this section nent reality of an independent East (4) UNTAET and the East Timorese leader- ship currently anticipate that East Timor $25,000,000 for each of the fiscal years 2001, Timor. If we wait until East Timor de- will become an independent nation as early 2002, and 2003. clares its independence before we do as late 2001. (2) AVAILABILITY.—Amounts appropriated the preliminary work, we will lose cru- (5) East Timor is one of the poorest places pursuant to the authorization of appropria- cial time and do a disservice to both in Asia. A large percentage of the population tions under paragraph (1) are authorized to the United States and to East Timor. live below the poverty line, only 20 percent remain available until expended. Specifically, this bill lays the of East Timor’s population is literate, most SEC. 5. MULTILATERAL ASSISTANCE. groundwork for establishing a firm bi- of East Timor’s people remain unemployed, The President shall instruct the United lateral and multilateral assistance the annual per capita Gross National Prod- States executive director at each inter- uct is $340, and life expectancy is only 56 national financial institution to which the structure. years. It authorizes $25 million in bilateral United States is a member to use the voice, (6) The World Bank and the United Nations vote, and influence of the United States to assistance, $2 million for a Peace Corps have estimated that it will require support economic and democratic develop- presence and $1 million for a scholar- $300,000,000 in development assistance over ment in East Timor. ship fund for East Timorese students to the next three years to meet East Timor’s SEC. 6. PEACE CORPS ASSISTANCE. study in the United States. basic development needs. (a) AUTHORITY.—The Director of the Peace It encourages the President, the SEC. 3. SENSE OF CONGRESS RELATING TO SUP- Corps is authorized to— Overseas Private Investment Corpora- PORT FOR EAST TIMOR. (1) provide English language and other tion, the Trade and Development Agen- It is the sense of Congress that the United technical training for individuals in East cy and other agencies to put in place States should— Timor as well as other activities which pro- (1) facilitate East Timor’s transition to mote education, economic development, and now the tools and programs to create independence, support formation of broad- an equitable trade and investment rela- economic self-sufficiency; and based democracy in East Timor, help lay the (2) quickly address immediate assistance tionship. groundwork for East Timor’s economic re- needs in East Timor using the Peace Corps It requires the State Department to covery, and strengthen East Timor’s secu- Crisis Corps, to the extent practicable. establish an accredited mission to East rity; (b) AUTHORIZATION OF APPROPRIATIONS.— Timor co-incident with independence. (2) begin to lay the groundwork, prior to (1) IN GENERAL.—There are authorized to be And it authorizes the provision of ex- East Timor’s independence, for an equitable appropriated $2,000,000 for each of the fiscal cess defense articles and international bilateral trade and investment relationship; years 2001, 2002, and 2003 to carry out such military education and training, after (3)(A) officially open a diplomatic mission subsection. the President certifies that these arti- to East Timor as soon as possible; (2) AVAILABILITY.—Amounts appropriated (B) recognize East Timor, and establish cles and training are in the interests of pursuant to the authorization of appropria- diplomatic relations with East Timor, upon tions under paragraph (1) are authorized to the United States and will help pro- its independence; and remain available until expended. mote human rights in East Timor and (C) ensure that a fully functioning, fully SEC. 7. TRADE AND INVESTMENT ASSISTANCE. the professionalization of East Timor’s staffed, adequately resourced, and securely (a) OPIC.—Beginning on the date of the en- armed services. maintained United States diplomatic mis- actment of this Act, the President should The people of East Timor have cho- sion is accredited to East Timor upon its initiate negotiations with the United Na- sen democracy. The United States has independence; tions Transitional Administration for East a golden opportunity to help them cre- (4) support efforts by the United Nations Timor (UNTAET), the National Council of and East Timor to ensure justice and ac- ate their new democratic nation. But East Timor, and the government of East countability related to past atrocities in Timor (after independence for East Timor)— we must prepare for that day now. We East Timor through— must not miss this rare opportunity to (1) to apply to East Timor the existing (A) United Nations investigations; agreement between the Overseas Private In- help. (B) development of East Timor’s judicial vestment Corporation and Indonesia; or I ask unanimous consent that a copy system, including appropriate technical as- (2) to enter into a new agreement author- of the bill be printed in the RECORD at sistance to East Timor from the Department izing the Overseas Private Investment Cor- the end of my remarks, and I urge my of Justice, the Federal Bureau of Investiga- poration to carry out programs with respect colleagues to support this bill. tion, and the Drug Enforcement Administra- to East Timor, There being no objection, the bill was tion; and in order to expand United States investment (C) the possible establishment of an inter- ordered to be printed in the RECORD, as in East Timor. national tribunal for East Timor; and follows: (b) TRADE AND DEVELOPMENT AGENCY.— (5) support observer status for an official (1) IN GENERAL.—The Director of the Trade S. 3254 delegation from East Timor to observe and and Development Agency is authorized to Be it enacted by the Senate and House of Rep- participate, as appropriate, in all delibera- carry out projects in East Timor under sec- resentatives of the United States of America in tions of the Asia Pacific Economic Co-oper- tion 661 of the Foreign Assistance Act of 1961 Congress assembled, ation (APEC) group. (22 U.S.C. 2421). SECTION 1. SHORT TITLE. SEC. 4. BILATERAL ASSISTANCE. (2) AUTHORIZATION OF APPROPRIATIONS.— This Act may be cited as the ‘‘East Timor (a) AUTHORITY.—The President, acting (A) IN GENERAL.—There are authorized to Transition to Independence Act of 2000’’. through the Administrator of the United be appropriated to carry out this subsection SEC. 2. FINDINGS. States Agency for International Develop- $1,000,000 for each of the fiscal years 2001, Congress makes the following findings: ment, is authorized to— 2002, and 2003.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.097 pfrm01 PsN: S27PT1 S11256 CONGRESSIONAL RECORD — SENATE October 27, 2000

(B) AVAILABILITY.—Amounts appropriated Dili, East Timor, the personnel requirements Development, the Secretary of the Treasury, pursuant to the authorization of appropria- for the mission, the estimated costs for es- the United States Trade Representative, the tions under subparagraph (A) are authorized tablishing the facility, and its security re- Secretary of Commerce, the Overseas Pri- to remain available until expended. quirements. vate Investment Corporation, the Director of (c) EXPORT-IMPORT BANK.—The Export-Im- (2) SUBSEQUENT REPORTS.—Beginning six the Trade and Development Agency, the port Bank of the United States shall expand months after the submission of the initial re- President of the Export-Import Bank of the its activities in connection with exports to port under paragraph (1), and every six United States, the Secretary of Agriculture, East Timor. months thereafter until January 1, 2004, the and the Director of the Peace Corps, shall SEC. 8. GENERALIZED SYSTEM OF PREFERENCES. Secretary of State shall submit to the com- prepare and transmit to the Committee on (a) SENSE OF CONGRESS.—It is the sense of mittees specified in that paragraph a report International Relations of the House of Rep- Congress that the President should encour- on the status of the implementation of the resentatives and the Committee on Foreign age the United Nations Transitional Admin- detailed plan described in subsection (a), in- Relations of the Senate a report that con- istration for East Timor (UNTAET), in close cluding any revisions to the plan (including tains the information described in subsection consultation with the National Council of its timetable, costs, or requirements) that (b). (b) INFORMATION.—The report required by East Timor, to seek to become eligible for have been made during the period covered by subsection (a) shall include— the report. duty-free treatment under title V of the (1) developments in East Timor’s political (3) FORM OF REPORT.—Each report sub- Trade Act of 1974 (19 U.S.C. 2461 et seq.; relat- and economic situation in the period covered mitted under this subsection may be sub- ing to generalized system of preferences). by the report, including an evaluation of any (b) TECHNICAL ASSISTANCE.—The United mitted in classified or unclassified form. elections occurring in East Timor and the States Trade Representative and the Com- SEC. 12. SECURITY ASSISTANCE FOR EAST refugee reintegration process in East Timor; TIMOR. missioner of the United States Customs (2)(A) in the initial report, a 3-year plan for (a) AUTHORIZATION.—Beginning on and Service are authorized to provide technical United States foreign assistance to East after the date on which the President trans- assistance to UNTAET, the National Council Timor in accordance with section 4, prepared mits to the Congress a certification de- of East Timor, and the government of East by the Administrator of the United States scribed in subsection (b), the President is au- Timor (after independence for East Timor) in Agency for International Development, thorized— order to assist East Timor to become eligible which outlines the goals for United States (1) to transfer excess defense articles under for duty-free treatment under title V of the foreign assistance to East Timor during the section 516 of the Foreign Assistance Act of Trade Act of 1974. 3-year period; and 1961 (22 U.S.C. 2321j) to East Timor in accord- SEC. 9. BILATERAL INVESTMENT TREATY. (B) in each subsequent report, a descrip- ance with such section; and It is the sense of Congress that the Presi- tion in detail of the expenditure of United (2) to provide military education and train- dent should seek to enter into a bilateral in- States bilateral foreign assistance during the ing under chapter 5 of part II of such Act (22 vestment treaty with the United Nations period covered by each such report; U.S.C. 2347 et seq.) for the armed forces of Transitional Administration for East Timor (3) a description of the activities under- East Timor in accordance with such chapter. (UNTAET), in close consultation with the taken in East Timor by the International (b) CERTIFICATION.—A certification de- National Council of East Timor, in order to Bank for Reconstruction and Development scribed in this subsection is a certification establish a more stable legal framework for and the Asian Development Bank, and an that— United States investment in East Timor. evaluation of the effectiveness of these ac- (1) East Timor has established an inde- SEC. 10. SCHOLARSHIPS FOR EAST TIMORESE tivities; pendent armed forces; and STUDENTS. (4) an assessment of— (2) the assistance proposed to be provided (a) AUTHORITY.—The Secretary of State— (A) the status of United States trade and pursuant to subsection (a)— (1) is authorized to carry out an East investment relations with East Timor, in- (A) is in the national security interests of Timorese scholarship program under the au- cluding a detailed analysis of any trade and the United States; and thorities of the United States Information investment-related activity supported by the (B) will promote both human rights in East and Educational Exchange Act of 1948, the Overseas Private Investment Corporation, Timor and the professionalization of the Mutual Educational and Cultural Exchange the Export-Import Bank of the United armed forces of East Timor. Act of 1961, Reorganization Plan Number 2 of States, and the Trade and Development (c) STUDY AND REPORT.— 1977, and the National Endowment for De- Agency during the period of time since the (1) STUDY.—The President shall conduct a mocracy Act; and previous report; and study to determine— (2) shall make every effort to identify and (B) the status of any negotiations with the (A) the extent to which East Timor’s secu- provide scholarships and other support to United Nations Transitional Administration rity needs can be met by the transfer of ex- East Timorese students interested in pur- for East Timor (UNTAET) or East Timor to cess defense articles under section 516 of the suing undergraduate and graduate studies at facilitate the operation of the United States Foreign Assistance Act of 1961; institutions of higher education in the trade agencies in East Timor; (B) the extent to which international mili- United States. (5) the nature and extent of United States- tary education and training (IMET) assist- (b) AUTHORIZATION OF APPROPRIATIONS.— East Timor cultural, education, scientific, ance will enhance professionalism of the There are authorized to be appropriated to and academic exchanges, both official and armed forces of East Timor, provide training the Department of State, $1,000,000 for the unofficial, and any Peace Corps activities; in human rights, promote respect for human fiscal year 2002 and $1,000,000 for the fiscal and rights and humanitarian law; and year 2003 to carry out subsection (a). (6) a comprehensive study and report on (C) the terms and conditions under which SEC. 11. PLAN FOR ESTABLISHMENT OF DIPLO- local agriculture in East Timor, emerging such defense articles or training, as appro- MATIC FACILITIES IN EAST TIMOR. opportunities for producing and exporting in- priate, should be provided. (a) DEVELOPMENT OF DETAILED PLAN.—The digenous agricultural products, and rec- (2) REPORT.—Not later than 1 month after Secretary of State shall develop a detailed ommendations for appropriate technical as- the date of enactment of this Act, the Presi- plan for the official establishment of a sistance from the United States. United States diplomatic mission to East dent shall submit a report to the Committee Timor, with a view to— on Foreign Relations and the Committee on Mr. MOYNIHAN: (1) officially open a fully functioning, fully Appropriations of the Senate and the Com- S. 3259. A bill amend the Internal mittee on International Relations and the staffed, adequately resourced, and securely Revenue Code of 1986 to provide a reha- maintained diplomatic mission in East Committee on Appropriations of the House of Representatives setting forth the findings bilitation credit for certain expendi- Timor as soon as possible; tures to rehabilitate historic per- (2) recognize East Timor, and establish dip- of the study conducted under paragraph (1). lomatic relations with East Timor, upon its SEC. 13. AUTHORITY FOR RADIO BROADCASTING. forming arts facilities; to the Com- independence; and The Broadcasting Board of Governors shall mittee on Finance. (3) ensure that a fully functioning, fully further the communication of information HISTORIC PERFORMING ARTS FACILITY staffed, adequately resourced, and securely and ideas through the increased use of audio REHABILITATION ACT maintained diplomatic mission is accredited broadcasting to East Timor to ensure that Mr. MOYNIHAN. Mr. President, I rise to East Timor upon its independence. radio broadcasting to that country serves as today to offer a bill that will benefit (b) REPORTS.— a consistently reliable and authoritative the cultural cornerstones of many of (1) INITIAL REPORT.—Not later than three source of accurate, objective, and com- our communities—our nation’s historic prehensive news. months after the date of the enactment of performing arts facilities. From the this Act, the Secretary of State shall submit SEC. 14. REPORTING REQUIREMENT. non-profit community theater housed to the Committee on International Relations (a) IN GENERAL.—Not later than three of the House of Representatives and the months after the date of the enactment of in an historic opera house to the non- Committee on Foreign Relations of the Sen- this Act, and every six months thereafter profit metropolitan performing arts ate a report that contains the detailed plan until January 1, 2004, the Secretary of State, complex of historic significance, this described in subsection (a), including a time- in coordination with the Administrator of nation’s historic performing arts facili- table for the official opening of a facility in the United States Agency for International ties play a lasting and important role

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.042 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11257 in the cultural fabric and cultural evo- servation security program; to the gime. Simply put, this legislation of- lution of this nation. Committee on Agriculture, Nutrition, fers compensation to farmers for vol- There are over 200 non-profit per- and Forestry. untary conservation activities per- forming arts organizations with his- CONSERVATION SECURITY ACT formed on land that is in agricultural toric facilities nationally, including Mr. HARKIN. Mr. President, I am production. Several aspects of this ap- the Traverse City Opera House in Tra- proud to reintroduce the Conservation proach are significant improvements verse City, Michigan; the Paramount Security Act today together with Sen- over the conservation tools available Theater in Anderson, Indiana; the Polk ator GORDON SMITH of Oregon. This im- to farmers today. Theater in Lakeland, Florida; the portant bipartisan legislation rep- First, this legislation recognizes that Strand Theater in Shreveport, Lou- resents the first meaningful step to- there are a number of things that are isiana; the Trinity Repertory Company ward comprehensive conservation on beneficial to the environment that in Providence, Rhode Island; and the all of America’s working farms and farmers can do short of simply idling Victoria Theater in Dayton, Ohio. As ranches. Although the reintroduction their land. Adopting an integrated pest the cultural cornerstones of their com- of this bill comes late in the session, it management plan that reduces pes- munities and regions, these facilities represents the beginning of the new ap- ticide use, or using soil-conserving ro- also play an important economic role proach for conservation in the next tational crops are just two examples of as the anchors of economic develop- farm bill. environmentally sensitive measures ment within their communities. These Mr. SMITH of Oregon. Mr. President, farmers can take while their land is theaters attract tourism, stabilize I come to the floor of the Senate today still under production. Most of our neighborhoods, and generate increased to speak to the important issue of con- spending for conservation programs at economic activity of surrounding busi- servation in agriculture. I am pleased the federal level is geared toward pay- nesses. to join with my friend from Iowa, the ing farmers to set aside environ- Since the 1950s, this nation has also distinguished ranking member of the mentally sensitive land altogether, seen the emergence of nearly forty Agriculture Committee, Senator HAR- such as under the Conservation Re- larger multi-purpose, multi-use per- KIN, on the introduction of the Con- serve Program. While such programs forming arts complexes in urban areas servation Security Act. The introduc- serve an important need, they don’t ad- as part of a larger urban renewal move- tion of this legislation represents the dress the range of conservation activi- ment, such as the Los Angeles Music culmination of a great deal of work on ties that farmers can, and often do, on Center, the Wang Center for the Per- the part of Senator HARKIN and his their land in production. The Conserva- forming Arts in Boston, the Cincinnati staff to explore new ways to address tion Security Act fills this need in con- Music Hall and Aronoff Center for the the needs of American farmers in the servation programming and offers Arts in Ohio, the Regional Performing area of conservation. With the debate farmers the flexibility of choosing from Arts Center in Philadelphia, the Lin- over a new farm bill on the horizon for amongst three tiers of conservation coln Center for the Performing Arts in the next Congress, I think it is impor- measures. New York City, and the Kennedy Cen- tant that we begin this dialogue now to A second significant feature of this ter for the Performing Arts in Wash- consider how federal programs for legislation is its applicability to all ington, D.C. Each of these performing farmers can be made more flexible and, farmers, not just program commodity arts organizations has revitalized and frankly, more relevant, to farmers producers. I come from a state that spurred development in its community, throughout the country. produces everything from blueberries and many of these larger facilities are As some of my colleagues know, I to potatoes to hazelnuts and nearly ev- centered around historic facilities or come from rural Eastern Oregon. In my erything in between. These specialty are historic places themselves. part of the State, which is noted for its crop producers need to have conserva- This bill, the Historic Performing wheat farms, it is often said that every tion options too. I am pleased to note Arts Facility Rehabilitation Act, pro- day is Earth Day for farmers. And the Conservation Security Act is open vides parity between non-profit and every year, as more and more farmland to all farmers in the nation. It is crit- for-profit historic performing arts or- is lost to development, people from ical that the next farm bill more effec- ganizations that rehabilitate these na- both urban and rural America are tively addresses the needs of specialty tional treasures. For many years, for- starting to realize how much a friend crop producers in this area. profit entities, including for-profit the- to the environment our farmers are. Finally, I have to note the potential aters, that rehabilitate their nation- Farmers have long recognized their di- for this legislation to help address the ally registered historic structures have rect dependence upon the land and the current farm crisis that is affecting so qualified for a rehabilitation tax cred- blessings of nature for their liveli- many of our family farmers. Those of it. This bill would simply permit non- hoods, and, as a result, are some of the us from agricultural states know too profit performing arts organizations, best stewards of the land in this coun- well the difficulties our farmers have with facilities similarly listed on the try. I think you will find, Mr. Presi- faced in recent years, with the cost of National Register of Historic Places, to dent, that when it come to environ- production often exceeding the price benefit from the same program. mental stewardship measures, farmers paid for their commodities. While I be- The bill permits non-profit per- are almost always willing to step up to lieve a number of unusual cir- forming arts organizations to receive the plate to do their part, provided cumstances have contributed to this the existing credit, equal to twenty that they can still make a living. Too problem—such as the Asian economic percent of qualified rehabilitation ex- often, I believe they are simply told crisis—I also recognize that we must penditures, in the form of a credit cer- through regulation what they can or develop a more effective income sup- tificate. The certificate would be trans- cannot do with their land. Not enough port mechanism that the ad-hoc emer- ferable to a lending institution that attention is paid to the real impact of gency farm spending packages we have provides all or part of the financing re- such regulation on the farmer’s bottom relied upon in recent years. An invest- lated to the qualified rehabilitation ex- line or on the relative competitiveness ment in conservation, such as outlined penditure in exchange for a reduction of U.S. Agriculture to foreign competi- in the Conservation Security Act, in interest or principal. tion. What good does it do for the envi- could contribute to that end. This bill has the support of the per- ronment to drive farmers out of busi- In summary, Mr. President, I believe forming arts community and the sup- ness only to trade farmland for strip the Conservation Security Act has port of historic preservation organiza- malls? We all know there is a place for great potential to address crying needs tions. I hope many of my colleagues common sense environmental regula- of farmers all across the nation, while will support this important legislation. tion, but I don’t believe we have done encouraging enhanced environmental nearly enough on the incentive side of stewardship. These are goals I think we By Mr. HARKIN (for himself and the coin. should all agree on when it comes to Mr. SMITH of Oregon): The Conservation Security Act is a farm policy. Over the upcoming recess, S. 3260. A bill to amend the Food Se- bold step toward filling the gap in our Senator HARKIN and I will seek more curity Act of 1985 to establish the con- current federal farm conservation re- input from the agriculture community

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.096 pfrm01 PsN: S27PT1 S11258 CONGRESSIONAL RECORD — SENATE October 27, 2000 as well as other interested colleagues AMENDMENTS SUBMITTED (2) ACCESS BY INDIVIDUALS WITH DISABIL- on this important legislation. The Con- ITIES.—The Secretary shall provide a recip- servation Security Act offers a serious rocal easement to the Tribe permitting ve- attempt to address the conservation LAKE TAHOE BASIN MANAGEMENT hicular access to the parcel over Forest De- UNIT LEGISLATION velopment Road #15N67 to— needs of farmers as well as the trou- (A) members of the Tribe for administra- bling overall decline of the family farm tive and safety purposes; and in this country. I urge my colleagues (B) members of the Tribe who, due to age, to give in their consideration over this MURKOWSKI (AND BINGAMAN) infirmity, or disability, would have dif- recess and look forward to reintro- AMENDMENTS NOS. 4350–4351 ficulty accessing the conveyed parcel on ducing this legislation at the beginning Mr. HATCH (for Mr. MURKOWSKI (for foot. (e) USE OF LAND.— of the next Congress as the debate over himself and Mr. BINGAMAN)) proposed (1) IN GENERAL.—In using the parcel con- the next farm bill begins in earnest. two amendments to the bill (S. 2751) to veyed under subsection (c), the Tribe and direct the Secretary of Agriculture to members of the Tribe— f convey certain land in the Lake Tahoe (A) shall limit the use of the parcel to tra- Basin Management Unit, Nevada, to ditional and customary uses and stewardship ADDITIONAL COSPONSORS the Secretary of the Interior, in trust conservation for the benefit of the Tribe; for the Washoe Indian Tribe of Nevada (B) shall not permit any permanent resi- S. 187 and California; as follows: dential or recreational development on, or At the request of Mr. ROTH, the name commercial use of, the parcel (including AMENDMENT NO. 4350 of the Senator from Ohio (Mr. commercial development, tourist accom- Strike all after the enacting clause and in- modations, gaming, sale of timber, or min- VOINOVICH) was added as a cosponsor of sert the following: S. 187, a bill to give customers notice eral extraction); and SECTION 1. SHORT TITLE. (C) shall comply with environmental re- and choice about how their financial This Act may be cited as the ‘‘Washoe In- quirements that are no less protective than institutions share or sell their person- dian Tribe Land Conveyance Act of 2000’’. environmental requirements that apply ally identifiable sensitive financial in- SEC. 2. WASHOE TRIBE LAND CONVEYANCE. under the Regional Plan of the Tahoe Re- formation, and for other purposes. (a) FINDINGS.—Congress finds that— gional Planning Agency. S. 821 (1) the ancestral homeland of the Washoe (2) REVERSION.—If the Secretary of the In- terior, after notice to the Tribe and an op- At the request of Mr. LAUTENBERG, Tribe of Nevada and California (referred to portunity for a hearing, based on monitoring the name of the Senator from Mary- in this section as the ‘‘Tribe’’) included an area of approximately 5,000 square miles in of use of the parcel by the Tribe, makes a land (Mr. SARBANES) was added as a co- and around Lake Tahoe, California and Ne- finding that the Tribe has used or permitted sponsor of S. 821, a bill to provide for vada, and Lake Tahoe was the heart of the the use of the parcel in violation of para- the collection of data on traffic stops. territory; graph (1) and the Tribe fails to take correc- S. 2938 (2) in 1997, Federal, State, and local gov- tive or remedial action directed by the Sec- retary of the Interior, title to the parcel At the request of Mr. BROWNBACK, the ernments, together with many private land- shall revert to the Secretary of Agriculture. name of the Senator from Tennessee holders, recognized the Washoe people as in- digenous people of Lake Tahoe Basin (Mr. FRIST) was added as a cosponsor of through a series of meetings convened by AMENDMENT NO. 4351 S. 2938, a bill to prohibit United States those governments at 2 locations in Lake Strike all after the enacting clause and in- assistance to the Palestinian Author- Tahoe; sert the following: ity if a Palestinian state is declared (3) the meetings were held to address pro- TITLE I—ADDITION OF CAT ISLAND TO unilaterally, and for other purposes. tection of the extraordinary natural, rec- GULF ISLANDS NATIONAL SEASHORE S. 3045 reational, and ecological resources in the SECTION 101. BOUNDARY ADJUSTMENT TO IN- Lake Tahoe region; At the request of Mr. LEAHY, his CLUDE CAT ISLAND. (4) the resulting multiagency agreement name was added as a cosponsor of S. (a) IN GENERAL.—The first section of Pub- includes objectives that support the tradi- lic Law 91–660 (16 U.S.C. 459h) is amended— 3045, a bill to improve the quality, tional and customary uses of Forest Service (1) in the first sentence, by striking ‘‘That, timeliness, and credibility of forensic land by the Tribe; and in’’ and inserting the following: science services for criminal justice (5) those objectives include the provision of ‘‘SECTION 1. GULF ISLANDS NATIONAL SEA- purposes. access by members of the Tribe to the shore SHORE. S. 3067 of Lake Tahoe in order to reestablish tradi- ‘‘(a) ESTABLISHMENT.—In’’; and tional and customary cultural practices. (2) in the second sentence— At the request of Mr. KENNEDY, the (b) PURPOSES.—The purposes of this section (A) by redesignating paragraphs (1) name of the Senator from California are— through (6) as subparagraphs (A) through (F), (Mrs. BOXER) was added as a cosponsor (1) to implement the joint local, State, respectively, and indenting appropriately; of S. 3067, a bill to require changes in tribal, and Federal objective of returning the (B) by striking ‘‘The seashore shall com- the bloodborne pathogens standard in Tribe to Lake Tahoe; and prise’’ and inserting the following: effect under the Occupational Safety (2) to ensure that members of the Tribe ‘‘(b) COMPOSITION.— and Health Act of 1970. have the opportunity to engage in tradi- ‘‘(1) IN GENERAL.—The seashore shall com- tional and customary cultural practices on prise the areas described in paragraphs (2) the shore of Lake Tahoe to meet the needs of f and (3). spiritual renewal, land stewardship, Washoe ‘‘(2) AREAS INCLUDED IN BOUNDARY PLAN horticulture and ethnobotony, subsistence NUMBERED NS-GI-7100J.—The areas described in SENATE RESOLUTION 383—EX- gathering, traditional learning, and reunifi- this paragraph are’’: and TENDING THE AUTHORITIES RE- cation of tribal and family bonds. (C) by adding at the end the following: LATING TO THE SENATE NA- (c) CONVEYANCE.—Subject to valid existing ‘‘(3) CAT ISLAND.—Upon its acquisition by TIONAL SECURITY WORKING rights and subject to the easement reserved the Secretary, area described in this para- under subsection (d), the Secretary of Agri- graph is the parcel consisting of approxi- GROUP culture shall convey to the Secretary of the mately 2,000 acres of land on Cat Island, Mis- Mr. LOTT (for himself and Mr. Interior, in trust for the Tribe, for no consid- sissippi, as generally depicted on the map en- DASCHLE) submitted the following reso- eration, all right, title, and interest in the titled ‘Boundary Map, Gulf Islands National lution; which was considered and parcel of land comprising approximately 24.3 Seashore, Cat Island, Mississippi’, numbered agreed to: acres, located within the Lake Tahoe Basin 635/80085, and dated November 9, 1999 (re- Management Unit north of Skunk Harbor, ferred to in this Act as the ‘Cat Island Map’). S. RES. 383 Nevada, and more particularly described as ‘‘(4) AVAILABILITY OF MAP.—The Cat Island Resolved, That Senate Resolution 105 of the Mount Diablo Meridian, T15N, R18E, section Map shall be on file and available for public One Hundred First Congress, agreed to April 27, lot 3. inspection in the appropriate offices of the 13, 1989, as amended by Senate Resolution 75 (d) EASEMENT.— National Park Service.’’. of the One Hundred Sixth Congress, agreed (1) IN GENERAL.—The conveyance under (b) ACQUISITION AUTHORITY.—Section 2 of to March 25, 1999, is further amended by add- subsection (c) shall be made subject to res- Public Law 91–660 (16 U.S.C. 459h–1) is amend- ing at the end the following new section: ervation to the United States of a nonexclu- ed— ‘‘SEC. 4. The provisions of this resolution sive easement for public and administrative (1) in the first sentence of subsection (a), shall remain in effect until December 31, access over Forest Development Road #15N67 by striking ‘‘lands,’’ and inserting ‘‘sub- 2002.’’. to National Forest System land. merged land, land,’’; and

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.046 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11259

(2) by adding at the end the following: ‘‘(b) AUTHORIZATION FOR ACQUISITION OF this title shall be completed not later than ‘‘(e) ACQUISITION AUTHORITY.— LAND.—In addition to the funds authorized 180 days after National Environmental Pol- ‘‘(1) IN GENERAL.—The Secretary may ac- by subsection (a), there are authorized to be icy Act requirements have been met and quire, from a willing seller only— appropriated such sums as are necessary to after the Secretary of the Interior approves ‘‘(A) all land comprising the parcel de- acquire land and submerged land on and ad- the appraisals. The Secretaries shall report scribed in subsection (b)(3) that is above the jacent to Cat Island, Mississippi.’’. to the Committee on Energy and Natural Re- mean line of ordinary high tide, lying and TITLE II—PECOS NATIONAL HISTORICAL sources of the United States Senate and the being situated in Harrison County, Mis- PARK LAND EXCHANGE Committee on Resources of the United sissippi; SECTION 201. SHORT TITLE. States House of Representatives upon the ‘‘(B) an easement over the approximately This title may be cited as the ‘‘Pecos Na- successful completion of the exchange. 150-acre parcel depicted as the ‘Boddie Fam- tional Historical Park Land Exchange Act of (4) ADDITIONAL TERMS AND CONDITIONS.— ily Tract’ on the Cat Island Map for the pur- 2000’’. The Secretaries may require such additional pose of implementing an agreement with the SEC. 202. DEFINITIONS. terms and conditions in connection with the owners of the parcel concerning the develop- As used in this title— exchange of lands and interests pursuant to ment and use of the parcel; and (1) the term ‘‘Secretaries’’ means the Sec- this title as the Secretaries consider appro- ‘‘(C)(i) land and interests in land on Cat Is- retary of the Interior and the Secretary of priate to protect the interests of the United land outside the 2,000-acre area depicted on Agriculture; States. the Cat Island Map; and (2) the term ‘‘landowner’’ means Harold (5) EQUALIZATION OF VALUES.— ‘‘(ii) submerged land that lies within 1 mile and Elisabeth Zuschlag, owners of land with- (A) The Secretary of Agriculture shall seaward of Cat Island (referred to in this Act in the Pecos National Historical Park; and equalize the values of Federal land conveyed as the ‘buffer zone’), except that submerged (3) the term ‘‘map’’ means a map entitled under subsection (a) and the land conveyed land owned by the State of Mississippi (or a ‘‘Proposed Land Exchange for Pecos Na- to the Federal Government under subsection subdivision of the State) may be acquired tional Historical Park’’, numbered 430/80,054, (b)— only by donation. and dated November 19, 1999, revised Sep- (i) by the payment of cash to the Secretary ‘‘(2) ADMINISTRATION.— tember 18, 2000. of Agriculture or the landowner, as appro- ‘‘(A) IN GENERAL.—Land and interests in SEC. 203. LAND EXCHANGE. priate, except that notwithstanding section land acquired under this subsection shall be (a) Upon the conveyance by the landowner 206(b) of the Federal Land Policy and Man- administered by the Secretary, acting to the Secretary of the Interior of the lands agement Act of 1976 (43 U.S.C. 1716(b)), the through the Director of the National Park identified in subsection (b), the Secretary of Secretary of Agriculture may accept a cash Service. Agriculture shall convey the following lands equalization payment in excess of 25 percent ‘‘(B) BUFFER ZONE.—Nothing in this Act or and interests to the landowner, subject to of the value of the Federal land; or any other provision of law shall require the the provisions of this title: (ii) if the value of the Federal land is State of Mississippi to convey to the Sec- (1) Approximately 160 acres of Federal greater than the land conveyed to the Fed- retary any right, title, or interest in or to lands and interests therein within the Santa eral government, by reducing the acreage of the buffer zone as a condition for the estab- Fe National Forest in the State of New Mex- the Federal land conveyed. lishment of the buffer zone. ico, as generally depicted on the map; and (B) DISPOSITION OF FUNDS.—Any funds re- ‘‘(3) MODIFICATION OF BOUNDARY.—The (2) The Secretary of the Interior shall con- ceived by the Secretary of Agriculture as boundary of the seashore shall be modified to vey an easement for water pipelines to two cash equalization payment from the ex- reflect the acquisition of land under this sub- existing well sites, located within the Pecos change under this section shall be deposited section only after completion of the acquisi- National Historical Park, as provided in this into the fund established by Public Law 90– tion.’’. paragraph. 171 (commonly known as the ‘‘Sisk Act’’) (16 (c) REGULATION OF FISHING.—Section 3 of (A) The Secretary of the Interior shall de- U.S.C. 484a) and shall be available for ex- Public Law 91–660 (16 U.S.C. 459h–2) is amend- termine the appropriate route of the ease- penditure, without further appropriation, for ed— ment through Pecos National Historical the acquisition of land and interests in the (1) by inserting ‘‘(a) IN GENERAL.—’’ before Park and such route shall be a condition of land in the State of New Mexico. ‘‘The Secretary’’; and the easement. The Secretary of the Interior SEC. 204. BOUNDARY ADJUSTMENT AND MAPS. (2) by adding at the end the following: may add such additional terms and condi- (a) Upon acceptance of title by the Sec- ‘‘(b) NO AUTHORITY TO REGULATE MARITIME tions relating to the use of the well and pipe- retary of the Interior of the lands and inter- ACTIVITIES.—Nothing in this Act or any line granted under this easement as he ests conveyed to the United States pursuant other provision of law shall affect any right deems appropriate. to section 203 of this title, the boundaries of of the State of Mississippi, or give the Sec- (B) The easement shall be established, op- the Pecos National Historical Park shall be retary any authority, to regulate maritime erated, and maintained in compliance with adjusted to encompass such lands. The Sec- activities, including nonseashore fishing ac- all Federal laws. retary of the Interior shall administer such tivities (including shrimping), in any area (b) The lands to be conveyed by the land- that, on the date of enactment of this sub- owner to the Secretary of the Interior com- lands in accordance with the provisions of section, is outside the designated boundary prise approximately 154 acres within the law generally applicable to units of the Na- of the seashore (including the buffer zone).’’. Pecos National Historical Park as generally tional Park System, including the Act enti- (d) AUTHORIZATION OF MANAGEMENT AGREE- depicted on the map. tled ‘‘An Act to establish a National Park MENTS.—Section 5 of Public Law 91–660 (16 (c) The Secretary of Agriculture shall con- Service, and for other purposes’’, approved U.S.C. 459h–4) is amended— vey the lands and interests identified in sub- August 25, 1916 (16 U.S.C. 1, 2–4). (1) by inserting ‘‘(a) IN GENERAL.—’’ before section (a) only if the landowner conveys a (b) The map shall be on file and available ‘‘Except’’; and deed of title to the United States, that is ac- for public inspection in the appropriate of- (2) by adding at the end the following: ceptable to and approved by the Secretary of fices of the Secretaries. ‘‘(b) AGREEMENTS.— the Interior. (c) Not later than 180 days after comple- ‘‘(1) IN GENERAL.—The Secretary may enter (d) TERMS AND CONDITIONS.— tion of the exchange described in section 203, into agreements— (1) IN GENERAL.—Except as otherwise pro- the Secretaries shall transmit the map accu- ‘‘(A) with the State of Mississippi for the vided in this title, the exchange of lands and rately depicting the lands and interests con- purposes of managing resources and pro- interests pursuant to this title shall be in ac- veyed to the Committee on Energy and Nat- viding law enforcement assistance, subject cordance with the provisions of section 206 of ural Resources of the United States Senate to authorization by State law, and emer- the Federal Land Policy and Management and the Committee on Resources of the gency services on or within any land on Cat Act (43 U.S.C. 1716) and other applicable laws United States House of Representatives. Island and any water and submerged land including the National Environmental Pol- within the buffer zone; and icy Act (42 U.S.C. 4321 et seq.). LOWER RIO GRANDE VALLEY ‘‘(B) with the owners of the approximately (2) VALUATION AND APPRAISALS.—The val- WATER RESOURCES CONSERVA- 150-acre parcel depicted as the ‘Boddie Fam- ues of the lands and interests to be ex- TION AND IMPROVEMENT ACT ily Tract’ on the Cat Island Map concerning changed pursuant to this title shall be equal, the development and use of the land. as determined by appraisals using nationally OF 1999 ‘‘(2) NO AUTHORITY TO ENFORCE CERTAIN recognized appraisal standards including the REGULATIONS.—Nothing in this subsection Uniform Appraisal Standards for Federal authorizes the Secretary to enforce Federal Land Acquisition. The Secretaries shall ob- MURKOWSKI AMENDMENT NO. 4352 regulations outside the land area within the tain the appraisals and insure they are con- Mr. HATCH (for Mr. MURKOWSKI) pro- designated boundary of the seashore.’’. ducted in accordance with the Uniform Ap- posed an amendment to the bill (S. (e) AUTHORIZATION OF APPROPRIATIONS.— praisal Standards for Federal Land Acquisi- 1761) to direct the Secretary of the In- Section 11 of Public Law 91–660 (16 U.S.C. tion. The appraisals shall be paid for in ac- 459h–10) is amended— cordance with the exchange agreement be- terior, through the Bureau of Reclama- (1) by inserting ‘‘(a) IN GENERAL.—’’ before tween the Secretaries and the landowner. tion, to conserve and enhance the ‘‘There’’; and (3) COMPLETION OF THE EXCHANGE.—The ex- water supplies of the Lower Rio Grande (2) by adding at the end the following: change of lands and interests pursuant to Valley; as follows:

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.049 pfrm01 PsN: S27PT1 S11260 CONGRESSIONAL RECORD — SENATE October 27, 2000 Strike all after the enacting clause and in- er Collie & Braden, Inc. dated August 12, and knowledgeable workers who will be sert: 1998, and needed in the 21st century economy. SECTION 1. SHORT TITLE. (4) in the Harlingen Irrigation District ‘‘(4) Arts education improves teaching and This Act may be cited as the ‘‘Lower Rio Cameron #1 Irrigation District a project of learning. Grande Valley Water Resources Conserva- meter installation and canal lining as identi- ‘‘(5) Where parents and families, artists, tion and Improvement Act of 2000’’. fied in a proposal submitted to the Texas arts organizations, businesses, local civic Water Development Board dated April 28, and cultural leaders, and institutions are ac- SEC. 2. DEFINITIONS. 2000. tively engaged in instructional programs, In this Act: (d) PROJECT ELIGIBILITY.—Within six arts education is more successful. (1) STATE.—The term ‘‘State’’ means the months after the date of enactment of this ‘‘(6) Effective teachers of the arts should be Texas Water Development Board and any Act, the Secretary, in consultation with the encouraged to continue to learn and grow in other authorized entity of the State of State, shall develop criteria for determining mastery of their art form as well as in their Texas. eligible projects under this Act. Such cri- teaching competence. (2) SECRETARY.—The term ‘‘Secretary’’ teria shall include, but need not be limited ‘‘(7) The 1999 study, entitled ‘Gaining the means the Secretary of the Interior, acting to the following requirements: Arts Advantage: Lessons from School Dis- through the Commissioner. (1) the project plan includes an engineer’s tricts that Value Arts Education’, found that (3) COMMISSIONER.—The term ‘‘Commis- estimate of the amount of water to be con- the literacy, education, programs, learning sioner’’ means the Commissioner of the Bu- served; and growth described in paragraphs (1) reau of Reclamation. (2) the design for the project includes a through (6) contribute to successful district- (4) COUNTIES.—The term ‘‘counties’’ means cost of project to water saved ratio; and wide arts education. the counties in the state of Texas in the Rio (3) there is a cost sharing agreement in ‘‘(8) Despite all of the literacy, education, Grande Regional Water Planning Area place between all relevant parties delin- programs, learning and growth findings de- known as Region ‘‘M’’ as designated by the eating the proportionate share of costs to be scribed in paragraphs (1) through (6), the 1997 Texas Water Development Board and the paid on an annual basis. National Assessment of Educational counties of Hudspeth and El Paso, Texas. Within one year of the date a project is sub- Progress reported that students lack suffi- SEC. 3. FINDINGS. mitted to the Secretary for approval, the cient opportunity for participatory learning The Congress finds the following: Secretary shall determine whether the in the arts. (a) Drought conditions over the last decade project meets the criteria established pursu- ‘‘(9) The Arts Education Partnership, a co- have made citizens of the Lower Rio Grande ant to this section. alition of national and State education, arts, Valley region of Texas aware of the signifi- SEC. 5. COST SHARING. business, and civic groups, is an excellent ex- cant impacts a dwindling water supply can The non-Federal share of the costs of any ample of one organization that has dem- have on a region. activity carried out under, or with assist- onstrated its effectiveness in addressing the (b) As a result of the impacts, that region ance provided under, this Act shall be 50 per- purposes described in section 205(a) and the has devised an integral water resource plan cent. Not more than 40 percent of the costs capacity and credibility to administer arts to meet the critical water needs of the Lower of such an activity may be paid by the State education programs of national significance. Rio Grande Valley through the end of the and the remainder of the non-Federal share ‘‘SEC. 203. DEFINITIONS. year 2050. may include in-kind contributions of goods ‘‘In this title: (c) Implementation of an integrated water and services, and funds previously spent on ‘‘(1) ARTS EDUCATION PARTNERSHIP.—The resource plan to meet the critical water feasibility and engineering studies. term ‘Arts Education Partnership’ means a needs of the Lower Rio Grande Valley is in private, nonprofit coalition of education, SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the national interest. arts, business, philanthropic, and govern- (d) The Congress should authorize and pro- There are authorized to be appropriated to the Secretary to carry out this Act such ment organizations that demonstrates and vide Federal technical and financial assist- promotes the essential role of arts education sums as may be necessary; but not to exceed ance to construct improved irrigation canal in enabling all students to succeed in school, $7,500,000 for the purposes of section 4(c). delivery systems to help meet the critical life, and work, and was formed in 1995. water needs of the Lower Rio Grande Valley ‘‘(2) BOARD.—The term ‘Board’ means the through the end of the year 2050. CONGRESSIONAL RECOGNITION Congressional Recognition for Excellence in SEC. 4. LOWER RIO GRANDE WATER CONSERVA- FOR EXCELLENCE IN ARTS EDU- Arts Education Awards Board established TION AND IMPROVEMENT PROGRAM. CATION ACT under section 204. (a) The Secretary is authorized to under- ‘‘(3) ELEMENTARY SCHOOL; SECONDARY take a program to improve the supply of SCHOOL.—The terms ‘elementary school’ and water for the counties as provided in this COCHRAN AMENDMENT NO. 4353 ‘secondary school’ mean— Act. ‘‘(A) a public or private elementary school Mr. HATCH (for Mr. COCHRAN) pro- (b) In cooperation with the State, water or secondary school (as the case may be), as users in the counties, and other non-Federal posed an amendment to the bill (S. defined in section 14101 of the Elementary entities, the Secretary shall conduct feasi- 2789) to amend the Congressional and Secondary Education Act of 1965 (20 bility studies for the purpose of conserving Award Act to establish a Congressional U.S.C. 8801); or and transporting raw water, including the Recognition for Excellence in Arts ‘‘(B) a bureau funded school as defined in following: Education Board; as follows: section 1146 of the Education Amendments of (1) Irrigation canals; Strike all after the enacting clause, and in- 1978 (25 U.S.C. 2026). (2) Pipelines; sert the following: ‘‘(4) STATE.—The term ‘State’ means each (3) Flow control structures; of the several States of the United States, SECTION 1. CONGRESSIONAL RECOGNITION FOR (4) Meters; and EXCELLENCE IN ARTS EDUCATION. the District of Columbia, the Commonwealth (5) All associated appurtenances. (a) IN GENERAL.—The Congressional Award of Puerto Rico, Guam, American Samoa, the (c) If the Secretary determines that the Act (2 U.S.C. 801–808) is amended by adding United States Virgin Islands, the Common- following projects satisfy the eligibility cri- at the end the following: wealth of the Northern Mariana Islands, the teria in subsection (d)(1)–(3), the Secretary, Republic of the Marshall Islands, the Fed- in cooperation with the State, water users in ‘‘TITLE II—CONGRESSIONAL RECOGNI- erated States of Micronesia, and the Repub- the counties, and other non-Federal entities, TION FOR EXCELLENCE IN ARTS EDU- lic of Palau. CATION is authorized to conduct engineering work, ‘‘SEC. 204. ESTABLISHMENT OF BOARD. infrastructure construction and improve- ‘‘SEC. 201. SHORT TITLE. ‘‘There is established within the legislative ments for the purpose of conserving and ‘‘This title may be cited as the ‘Congres- branch of the Federal Government a Con- transporting raw water through the fol- sional Recognition for Excellence in Arts gressional Recognition for Excellence in lowing projects: Education Act’. Arts Education Awards Board. The Board (1) in the Hidalgo County, Texas Irrigation ‘‘SEC. 202. FINDINGS. shall be responsible for administering the District #1, a pipeline project identified in ‘‘Congress makes the following findings: awards program described in section 205. the Melden & Hunt, Inc. engineering study ‘‘(1) Arts literacy is a fundamental purpose ‘‘SEC. 205. BOARD DUTIES. dated July 6, 2000 as the Curry Main Pipeline of schooling for all students. ‘‘(a) AWARDS PROGRAM ESTABLISHED.—The Project; ‘‘(2) Arts education stimulates, develops, Board shall establish and administer an (2) in the Cameron County, Texas La Feria and refines many cognitive and creative awards program to be known as the ‘Con- Irrigation District #3, a distribution system skills, critical thinking and nimbleness in gressional Recognition for Excellence in improvement project identified by the 1993 judgment, creativity and imagination, coop- Arts Education Awards Program’. The pur- engineering study by Sigler, Winston, Green- erative decisionmaking, leadership, high- pose of the program shall be to— wood and Associates, Inc.; level literacy and communication, and the ‘‘(1) celebrate the positive impact and pub- (3) in the Cameron County, Texas Irriga- capacity for problem-posing and problem- lic benefits of the arts; tion District #2 canal rehabilitation and solving. ‘‘(2) encourage all elementary schools and pumping plant replacement as identified as ‘‘(3) Arts education contributes signifi- secondary schools to integrate the arts into Job Number 48–05540–002 in a report by Turn- cantly to the creation of flexible, adaptable, the school curriculum;

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.062 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11261 ‘‘(3) spotlight the most compelling evi- gram and make application forms available ‘‘(G) On the basis of the findings described dence of the relationship between the arts to schools; in section 202 and the purposes of the Con- and student learning; ‘‘(E) delineate such roles as the Board con- gressional Recognition for Excellence in ‘‘(4) demonstrate how community involve- siders to be appropriate for the Director in Arts Education Awards Program described in ment in the creation and implementation of administering the program, and set forth in section 205(a), a recommendation regarding arts policies enriches the schools; the bylaws of the Board the duties, salary, the national readiness to make individual ‘‘(5) recognize school administrators and and benefits of the Director; student awards under subsection (b)(2). faculty who provide quality arts education ‘‘(F) raise funds for the operation of the ‘‘SEC. 206. COMPOSITION OF BOARD; ADVISORY to students; program; BOARD. ‘‘(6) acknowledge schools that provide pro- ‘‘(G) determine, and inform Congress re- ‘‘(a) COMPOSITION.— fessional development opportunities for their garding, the national readiness for inter- ‘‘(1) IN GENERAL.—The Board shall consist teachers; disciplinary individual student awards de- of 9 members as follows: ‘‘(7) create opportunities for students to scribed in paragraph (2), on the basis of the ‘‘(A) 2 Members of the Senate appointed by experience the relationship between early framework established in the 1997 National the Majority Leader of the Senate. participation in the arts and developing the Assessment of Educational Progress and ‘‘(B) 2 Members of the Senate appointed by life skills necessary for future personal and such other criteria as the Board determines the Minority Leader of the Senate. professional success; appropriate; and ‘‘(C) 2 Members of the House of Representa- ‘‘(8) increase, encourage, and ensure com- ‘‘(H) take such other actions as may be ap- tives appointed by the Speaker of the House prehensive, sequential arts learning for all propriate for the administration of the Con- of Representatives. students; and gressional Recognition for Excellence in ‘‘(D) 2 Members of the House of Represent- ‘‘(9) expand student access to arts edu- Arts Education Awards Program. atives appointed by the Minority Leader of cation in schools in every community. ‘‘(2) STUDENT AWARDS.— the House of Representatives. ‘‘(A) IN GENERAL.—At such time as the ‘‘(E) The Director of the Board, who shall ‘‘(b) DUTIES.— serve as a nonvoting member. ‘‘(1) SCHOOL AWARDS.—The Board shall— Board determines appropriate, the Board— ‘‘(2) ADVISORY BOARD.—There is established ‘‘(A) make annual awards to elementary ‘‘(i) shall make annual awards to elemen- tary school and secondary school students an Advisory Board to assist and advise the schools and secondary schools in the States Board with respect to its duties under this in accordance with criteria established under for individual interdisciplinary arts achieve- ment; and title, that shall consist of 15 members ap- subparagraph (B), which awards— pointed— ‘‘(i) shall be of such design and materials ‘‘(ii) establish criteria for the making of the awards. ‘‘(A) in the case of the initial such mem- as the Board may determine, including a bers of the Advisory Board, by the leaders of well-designed certificate or a work of art, de- ‘‘(B) AWARD MODEL.—The Board may use as a model for the awards the Congressional the Senate and House of Representatives signed for the awards event by an appro- making the appointments under paragraph Award Program and the President’s Physical priate artist; and (1), from recommendations received from or- Fitness Award Program. ‘‘(ii) shall be reflective of the dignity of ganizations and entities involved in the arts Congress; ‘‘(c) PRESENTATION.—The Board shall ar- such as businesses, civic and cultural organi- ‘‘(B) establish criteria required for a school range for the presentation of awards under zations, and the Arts Education Partnership to receive the award, and establish such pro- this section to the recipients and shall pro- steering committee; and cedures as may be necessary to verify that vide for participation by Members of Con- ‘‘(B) in the case of any other such members the school meets the criteria, which criteria gress in such presentation, when appro- of the Advisory Board, by the Board. shall include criteria requiring— priate. ‘‘(3) SPECIAL RULE FOR ADVISORY BOARD.—In ‘‘(i) that the school— ‘‘(d) DATE OF ANNOUNCEMENT.—The Board making appointments to the Advisory Board, ‘‘(I) provides comprehensive, sequential shall determine an appropriate date or dates the individuals and entity making the ap- arts learning; and for announcement of the awards under this pointments under paragraph (2) shall con- ‘‘(II) integrates the arts throughout the section, which date shall coincide with a Na- sider recommendations submitted by any in- curriculum in subjects other than the arts; tional Arts Education Month or a similarly terested party, including any member of the and designated day, week or month, if such des- Board. ‘‘(ii) 3 of the following: ignation exists. ‘‘(4) INTEREST.— ‘‘(I) that the community serving the school ‘‘(e) REPORT.— ‘‘(A) IN GENERAL.—Members of Congress ap- is actively involved in shaping and imple- ‘‘(1) IN GENERAL.—The Board shall prepare pointed to the Board shall have an interest menting the arts policies and programs of and submit an annual report to Congress not in 1 of the purposes described in section the school; later than March 1 of each year summarizing 205(a). ‘‘(II) that the school principal supports the the activities of the Congressional Recogni- ‘‘(B) DIVERSITY.—The membership of the policy of arts education for all students; tion for Excellence in Arts Education Advisory Board shall represent a balance of ‘‘(III) that arts teachers in the school are Awards Program during the previous year artistic and education professionals, includ- encouraged to learn and grow in mastery of and making appropriate recommendations ing at least 1 representative who teaches in their art form as well as in their teaching for the program. Any minority views and each of the following disciplines: competence; recommendations of members of the Board ‘‘(i) Music. ‘‘(IV) that the school actively encourages shall be included in such reports. ‘‘(ii) Theater. the use of arts assessment techniques for im- ‘‘(2) CONTENTS.—The annual report shall ‘‘(iii) Visual Arts. proving student, teacher, and administrative contain the following: ‘‘(iv) Dance. performance; and ‘‘(A) Specific information regarding the ‘‘(b) TERMS.— ‘‘(V) that school leaders engage the total methods used to raise funds for the Congres- ‘‘(1) BOARD.—Members of the Board shall school community in arts activities that cre- sional Recognition for Excellence in Arts serve for terms of 6 years, except that of the ate a climate of support for arts education; Education Awards Program and a list of the members first appointed— and sources of all money raised by the Board. ‘‘(A) 1 Member of the House of Representa- ‘‘(C) include, in the procedures necessary ‘‘(B) Detailed information regarding the tives and 1 Member of the Senate shall serve for verification that a school meets the cri- expenditures made by the Board, including for terms of 2 years; teria described in subparagraph (B), written the percentage of funds that are used for ad- ‘‘(B) 1 Member of the House of Representa- evidence of the specific criteria, and sup- ministrative expenses. tives and 1 Member of the Senate shall serve porting documentation, that includes— ‘‘(C) A description of the programs formu- for terms of 4 years; and ‘‘(i) 3 letters of support for the school from lated by the Director under section 207(b)(1), ‘‘(C) 2 Members of the House of Representa- community members, which may include a including an explanation of the operation of tives and 2 Members of the Senate shall letter from— such programs and a list of the sponsors of serve for terms of 6 years, ‘‘(I) the school’s Parent Teacher Associa- the programs. as determined by lot when all such members tion (PTA); ‘‘(D) A detailed list of the administrative have been appointed. ‘‘(II) community leaders, such as elected or expenditures made by the Board, including ‘‘(2) ADVISORY BOARD.—Members of the Ad- appointed officials; and the amounts expended for salaries, travel ex- visory Board shall serve for terms of 6 years, ‘‘(III) arts organizations or institutions in penses, and reimbursed expenses. except that of the members first appointed, 3 the community that partner with the school; ‘‘(E) A list of schools given awards under shall serve for terms of 2 years, 4 shall serve and the program, and the city, town, or county, for terms of 4 years, and 8 shall serve for ‘‘(ii) the completed application for the and State in which the school is located. terms of 6 years, as determined by lot when award signed by the principal or other edu- ‘‘(F) An evaluation of the state of arts edu- all such members have been appointed. cation leader such as a school district arts cation in schools, which may include anec- ‘‘(c) VACANCY.— coordinator, school board member, or school dotal evidence of the effect of the Congres- ‘‘(1) IN GENERAL.—Any vacancy in the superintendent; sional Recognition for Excellence in Arts membership of the Board or Advisory Board ‘‘(D) determine appropriate methods for Education Awards Program on individual shall be filled in the same manner in which disseminating information about the pro- school curriculum. the original appointment was made.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.050 pfrm01 PsN: S27PT1 S11262 CONGRESSIONAL RECORD — SENATE October 27, 2000

‘‘(2) TERM.—Any member appointed to fill ‘‘SEC. 208. LIMITATIONS. ‘‘(b) INVESTMENT.— a vacancy occurring before the expiration of ‘‘(a) IN GENERAL.—Subject to such limita- ‘‘(1) IN GENERAL.—It shall be the duty of the term for which the member’s predecessor tions as may be provided for under this sec- the Secretary of the Treasury to invest, at was appointed shall be appointed only for the tion, the Board may take such actions and the direction of the Director of the Board, remainder of such term. make such expenditures as may be necessary such portion of the fund that is not, in the ‘‘(3) EXTENSION.—Any appointed member of to carry out the Congressional Recognition judgment of the Director of the Board, re- the Board or Advisory Board may continue for Excellence in Arts Education Awards quired to meet the current needs of the fund. to serve after the expiration of the member’s Program, except that the Board shall carry ‘‘(2) AUTHORIZED INVESTMENTS.—Such in- term until the member’s successor has taken out its functions and make expenditures vestments shall be in public debt obligations office. with only such resources as are available to with maturities suitable to the needs of the ‘‘(4) SPECIAL RULE.—Vacancies in the mem- the Board from the Congressional Recogni- fund, as determined by the Director of the bership of the Board shall not affect the tion for Excellence in Arts Education Board. Investments in public debt obliga- Board’s power to function if there remain Awards Trust Fund under section 211. tions shall bear interest at rates determined sufficient members of the Board to con- ‘‘(b) CONTRACTS.—The Board may enter by the Secretary of the Treasury taking into stitute a quorum under subsection (d). into such contracts as may be appropriate to consideration the current market yield on ‘‘(d) QUORUM.—A majority of the members carry out the business of the Board, but the outstanding marketable obligations of the of the Board shall constitute a quorum. Board may not enter into any contract United States of comparable maturity. ‘‘(e) COMPENSATION.—Members of the Board which will obligate the Board to expend an ‘‘(c) AUTHORITY TO SELL OBLIGATIONS.— and Advisory Board shall serve without pay amount greater than the amount available Any obligation acquired by the fund may be but may be compensated, from amounts in to the Board for the purpose of such contract sold by the Secretary of the Treasury at the the trust fund, for reasonable travel expenses during the fiscal year in which the expendi- market price. incurred by the members in the performance ture is made. ‘‘(d) PROCEEDS FROM CERTAIN TRANS- ‘‘(c) GIFTS.—The Board may seek and ac- of their duties as members of the Board. ACTIONS CREDITED TO FUND.—The interest on, cept, from sources other than the Federal ‘‘(f) MEETINGS.—The Board shall meet an- and the proceeds from the sale or redemption Government, funds and other resources to nually at the call of the Chairperson and at of, any obligations held in the fund shall be carry out the Board’s activities. The Board such other times as the Chairperson may de- credited to and form a part of the fund.’’. may not accept any funds or other resources termine to be appropriate. The Chairperson (b) CONFORMING AMENDMENTS.—The Con- that are— shall call a meeting of the Board whenever 1⁄3 gressional Award Act (2 U.S.C. 801–808) is ‘‘(1) donated with a restriction on their use of the members of the Board submit written amended— unless such restriction merely provides that requests for such a meeting. (1) by inserting after section 1 the fol- such funds or other resources be used in fur- ‘‘(g) OFFICERS.—The Chairperson and the lowing: therance of the Congressional Recognition Vice Chairperson of the Board shall be elect- ‘‘TITLE I—CONGRESSIONAL AWARD for Excellence in Arts Education Awards ed from among the members of the Board, by PROGRAM’’, Program; or a majority vote of the members of the Board, ‘‘(2) donated subject to the condition that (2) by redesignating sections 2 through 9 as for such terms as the Board determines. The the identity of the donor of the funds or re- sections 101 through 108, respectively, Vice Chairperson shall perform the duties of sources shall remain anonymous. (3) in section 101 (as so redesignated)— the Chairperson in the absence of the Chair- ‘‘(d) VOLUNTEERS.—The Board may accept (A) by striking ‘‘Act’’ and inserting person. and utilize the services of voluntary, uncom- ‘‘title’’, and ‘‘(h) COMMITTEES.— pensated personnel. (B) by striking ‘‘section 3’’ and inserting ‘‘(1) IN GENERAL.—The Board may appoint ‘‘(e) REAL OR PERSONAL PROPERTY.—The ‘‘section 102’’, such committees, and assign to the commit- Board may lease (or otherwise hold), acquire, (4) in section 102(e) (as so redesignated)— tees such functions, as may be appropriate to or dispose of real or personal property nec- (A) by striking ‘‘section 5(g)(1)’’ and insert- assist the Board in carrying out its duties essary for, or relating to, the duties of the ing ‘‘section 104(g)(1)’’, and under this title. Members of such commit- Board. (B) by striking ‘‘section 7(g)(1)’’ and insert- tees may include the members of the Board ‘‘(f) PROHIBITIONS.—The Board shall have ing ‘‘section 106(g)(1)’’, and or the Advisory Board. no power— (5) in section 103(i), by striking ‘‘section 7’’ ‘‘(2) SPECIAL RULE.—Any employee or offi- ‘‘(1) to issue bonds, notes, debentures, or and inserting ‘‘section 106’’. cer of the Federal Government may serve as other similar obligations creating long-term The PRESIDING OFFICER. The Sen- a member of a committee created by the indebtedness; ator from Idaho is recognized. Board, but may not receive compensation for ‘‘(2) to issue any share of stock or to de- f services performed for such a committee. clare or pay any dividends; or ‘‘(i) BYLAWS AND OTHER REQUIREMENTS.— ‘‘(3) to provide for any part of the income EMBELLISHMENTS BY VICE The Board shall establish such bylaws and or assets of the Board to inure to the benefit PRESIDENT AL GORE other requirements as may be appropriate to of any director, officer, or employee of the enable the Board to carry out the Board’s du- Board except as reasonable compensation for Mr. CRAIG. Mr. President, I thought ties under this title. services or reimbursement for expenses. for the next few moments I would ‘‘SEC. 207. ADMINISTRATION. ‘‘SEC. 209. AUDITS. speak basically in response to my col- ‘‘(a) IN GENERAL.—In the administration of ‘‘The financial records of the Board may be league from Nevada, who is here on the the Congressional Recognition for Excel- audited by the Comptroller General of the floor. He has taken the floor in the last lence in Arts Education Awards Program, United States at such times as the Comp- two evenings to quote rather liberally the Board shall be assisted by a Director, troller General may determine to be appro- and at length statements made by Re- who shall be the principal executive of the priate. The Comptroller General, or any duly publican Presidential candidate George authorized representative of the Comptroller program and who shall supervise the affairs W. Bush, and of course those state- of the Board. The Director shall be appointed General, shall have access for the purpose of by a majority vote of the Board. audit to any books, documents, papers, and ments stand in the RECORD as he has ‘‘(b) DIRECTOR’S RESPONSIBILITIES.—The Di- records of the Board (or any agent of the presented them. He quoted them ver- rector shall, in consultation with the Board) which, in the opinion of the Comp- batim, saying he believed it was nec- Board— troller General, may be pertinent to the Con- essary to demonstrate the policy posi- ‘‘(1) formulate programs to carry out the gressional Recognition for Excellence in tions of this Presidential candidate. policies of the Congressional Recognition for Arts Education Awards Program. I thought it would be appropriate to Excellence in Arts Education Awards Pro- ‘‘SEC. 210. TERMINATION. lay into the RECORD this evening simi- gram; ‘‘The Board shall terminate 6 years after lar quotes from AL GORE, the Presi- ‘‘(2) establish such divisions within the the date of enactment of this title. The Congressional Recognition for Excellence in Board shall set forth, in its bylaws, the pro- dential candidate for the Democrat Arts Education Awards Program as may be cedures for dissolution to be followed by the Party, who on many occasions has appropriate; and Board. made a variety of embellishments ‘‘(3) employ and provide for the compensa- ‘‘SEC. 211. TRUST FUND. about certain facts. For the next few tion of such personnel as may be necessary ‘‘(a) ESTABLISHMENT OF FUND.—There shall moments, I want to take this oppor- to carry out the Congressional Recognition be established in the Treasury of the United tunity to read some of his quotes, for Excellence in Arts Education Awards States a trust fund which shall be known as which I think is appropriate as a com- Program, subject to such policies as the the ‘‘Congressional Recognition for Excel- parative between the two Presidential Board shall prescribe under its bylaws. lence in Arts Education Awards Trust candidates. ‘‘(c) APPLICATION.—Each school or student Fund’’. The fund shall be administered by desiring an award under this title shall sub- the Board, and shall consist of amounts do- I will start with a CNN quote on mit an application to the Board at such nated to the Board under section 208(c) and ‘‘Late Edition with Wolf Blitzer,’’ time, in such manner and accompanied by amounts credited to the fund under sub- March 9, 1999. Vice President AL GORE, such information as the Board may require. section (d). at that time, said:

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.050 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11263 During my service in the United States ments about when that ultimate penalty free TV legislation in the Senate, exactly Congress, I took the initiative in creating ought to be applied. nine years ago this past Saturday, October the Internet. That was from the Associated Press, 18, 1998. In the New York Times, December 1, November 19, 1999. Senator AL GORE Interestingly enough, the first bills 1999, he said: voted against the death penalty for were introduced in 1960. I found a little place in upstate New York drug kingpins on June 28, 1990, and Again, another mistake by our Vice called Love Canal. I had the first hearing on against the death penalty for terrorists President from the Columbia Journal that issue and Toone, Tennessee. on February 20, 1991. Review, January 1993: I assume he meant in Tone, Ten- Remember, he said, ‘‘I support it,’’ In an interview published last Sunday by nessee. and then he twice voted against it. the Des Moines Register, Gore was quoted as But that was the one that started it all. In reference to the earned-income tax saying he ‘‘got a bunch of people indicted and sent to jail’’ while working as a reporter I think that was the one where we credit, he said: for the Tennessean in the 1970s. knew the Vice President took credit I was the author of that proposal. I wrote Two people were indicted for alleged for discovering Love Canal and acting that, so I say, welcome aboard. This is some- corruption during the same period AL on it. thing for which I have been a principal pro- During a flight on Air Force One, ponent for a long time. GORE covered the Nashville Metro Council. Neither of the two were im- GORE was chatting with reporters. This That was in Time Magazine, Novem- prisoned. is what he said: ber 1, 1999. I carried an M–16 . . . I pulled my turn on He . . . spent two hours swapping opinions Carthage Courier, February 21, 1980. the perimeter at night and walked through about movies and telling stories about old AL GORE cast the tie-breaking vote in the elephant grass, and I was fired upon. chums like Eric Segal, who, Gore said, used the Senate on August 6, 1993, to raise Los Angeles Times, October 15, 1999. Al and Tipper as models for the uptight taxes on Social Security benefits. preppy and his free-spirited girlfriend in According to witnesses, AL GORE was ‘‘Love story.’’ He said: a reporter who never saw combat and That is a quote out of Time maga- Social Security Benefits will remain was kept out of harm’s way. untaxed . . . I sincerely believe that any A speech to the New England Busi- zine, December 15, 1997. plan to tax Social Security benefits would This is from the first Presidential de- ness Council, November 30, 1999: place an unforgivable burden on our senior ‘‘I was a home builder after I came bate on October 3, 2000: citizens who are currently trying to enjoy I accompanied James Lee Witt down to their retirement years in the face of ever-in- back from Vietnam. . . I know a good Texas when the fires broke out. creasing prices.... It is totally inconceiv- bit about how to make money that Of course, he recanted that the next able.... It is unfair. way’’—meaning home building—‘‘to day, saying he really didn’t do that. He Yet, of course, he was the one who build this country is a great thing.’’ was down there on the ground, but not cast the tie-breaking vote August 6, Tanglewood Homebuilders was a Gore with Mr. Witt, Director of FEMA. 1993. family corporation. The contractor Then during the first Presidential de- In reference to investing Social Secu- said AL GORE visited the construction bate on October 3, he said: rity funds in the stock market, he said: site once or twice. They can’t squeeze another desk in for her, I live on a farm today. I have my heart in We didn’t really propose it. We talked my own farm. so she has to stand during class. about the idea. ABC News, December 23, 1999. Of course, immediately that school See Clinton-Gore fiscal years 2000 and rejected that, saying that was simply Of course, we know that Mr. GORE 2001 budget proposals. They not only was raised here in the city of Wash- not true. The first day of classes, her talked about it; they proposed it in desk was not available, but the second ington. their budget, Mr. President. The PRESIDING OFFICER (Mr. BEN- day it was. Here is another interesting quote: On the NBC ‘‘Today Show,’’ January NETT). The Senator’s time has expired. Does he (George W. Bush) have the experi- 24, 1997, he said: Mr. CRAIG. Recognizing my time has ence to be President? You know he has never expired, I will continue this dialog I did not know it was a fundraiser. put together a budget. The Governor of probably on Monday night. I have now Of course, we know what he is talk- Texas is by far the weakest chief executive quoted 20 of about 40 of these kinds of position in America and does not have the ing about because then in an FBI depo- situations in which the Vice President sition transcript on May 23, 1997, he responsibility of forming or presenting a budget. has found himself. I will make them a said: part of the RECORD to compare them to Now, if you look at Texas law, sec- I didn’t realize it was in a Buddhist temple. what the Senator from Nevada has tion 401.041, it reads: Those are actual quotes from a man stated, and I yield the floor. who wants to be President of the The Governor of Texas is the chief Budget The PRESIDING OFFICER. The Sen- United States. Officer of the State. ator’s time has expired. He went on to say this in the Wash- Also, section 401.406 reads: The Senator from Nebraska. ington Post on September 24, 2000, The Governor shall deliver a copy of the f talking about the Strategic Oil Reserve Governor’s budget to each member of the which was established in 1975, 2 years legislature not later than the sixth day of DIFFERENT APPROACHES before AL GORE was elected to Con- each regular legislative session. Mr. KERREY. Mr. President, in yes- gress: In reference to the McCain-Feingold terday’s New York Times, there was a I’ve been a part of the discussion on the campaign finance legislation, he said, story about a young man in Pough- Strategic Oil Reserve since the days when it ‘‘Unlike Senator Bradley, I was a co- keepsie, NY, who used a global posi- was first established. sponsor of it.’’ tioning satellite device—a little, hand- In reference to the Comprehensive That was in the New York Times, No- held device that tells you exactly Test Ban Treaty, he said: vember 24, 1999. where you are—to do something that I’ve worked on this for 20 years because, Cosponsor? I didn’t know that Vice apparently is sweeping the country; unless we get this one right, nothing else Presidents could become cosponsors of that is, to cachet something and then matters. legislation. But be that as it may, that put a GPS label on it. Then somebody That was on the Al Gore 2000 web is what he said. else goes out and tries to find it. It is site, October 14, 1999. Of course, during Here is another quote; The American the latest fad in the never-ending pur- his career here in the Senate, Mr. GORE Prospect, June 5, 2000. suit of ways to use sophisticated tech- openly opposed the Comprehensive One-hundred and sixty-three bills for free nologies to accomplish useless things. Test Ban Treaty. or reduced-cost TV have been introduced in With great respect to the Senator In reference to the death penalty, Mr. Congress since 1960. from Idaho, what we have here is one President, candidate GORE has said Here is what the Vice President said more attempt to come down here and this: about it: use sophisticated descriptions of the I have always supported it because I think Some of you may know that I don’t come Vice President to accomplish useless society has a right to make careful judg- new to this issue; I introduced the very first things.

VerDate 27-OCT-2000 05:17 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.113 pfrm01 PsN: S27PT1 S11264 CONGRESSIONAL RECORD — SENATE October 27, 2000 The other day, the Senator from Ne- 100 percent true. That really makes un- Of course, we have shown that good vada came down and read I don’t know usual candidates for office. It is a fairly fiscal discipline can literally balance how many pages of statements of the common thing for us to do in the cam- the budget. I have to say what we are Governor of Texas; things that he said paign. in right now is a mess. I think it will were incorrect. ‘‘Nigeria is a con- But, in my view, an awful lot is at take George Bush and Dick Cheney to tinent’’—things like that—and, ‘‘I am stake here—an awful lot more than straighten it out. One of the things I the only candidate who knows how to just trying to figure out who says the like about George Bush so much is that put food on my family.’’ silliest things and the most prepos- he picked Dick Cheney, who, without It is funny. terous things. question, is head and shoulders over The truth is, the Vice President, in The economic strategy of these two most people who have served in Wash- the House of Representatives, did play individuals is dramatically different. ington. Cheney is bright. He is ex- an instrumental role in providing the Their approach to problem solving is tremely intelligent. He is extremely funding for the National Science Foun- also dramatically different, and their knowledgeable and has a lot of experi- dation, DARPA, and other sorts of attitudes toward many issues are dra- ence. He is honest to a fault, and he is things. One of the founders of Netscape matically different. We ought to allow straightforward. He is just the type of the other day said Netscape wouldn’t the American people to distinguish one a person we need in government today. have been created—he is the guy that from the other. When you have a $4.6 trillion pro- wrote the software at Champaign-Ur- I for one am getting sort of weary jected surplus, it is pretty clear to me bana, IL, called Mosaic that lead to the from all of these attempts to dem- that taxpayers are being asked to pay creation of the Internet. onstrate that one person lies and the too much in taxes. Frankly, Bush’s ap- He said: I wouldn’t have gotten my other person is so stupid that they proach is to set aside $2.3 trillion for start, and we wouldn’t have been doing can’t figure out one thing from an- Social Security; he has $1.3 trillion to our work were it not for AL GORE’S other. give back to the taxpayers and use the work over in the House. It is far more important, it seems to other $1 trillion to pay down the na- All of these things we can argue. me, for the American people to assess tional debt. I have been asked repeatedly: Do you where it is these two individuals want In order to have a $4.6 trillion sur- think the Governor of Texas is com- to take this country, and then try to, plus, we better pursue a wise economic petent enough to be President? Does he as well, give them the opportunity to approach. This economic approach has lack intelligence? separate themselves. And they are reduced the marginal tax rates from 70 I was asked the other day on a radio clearly dramatically different in their percent down to 28 percent in 1986, and show. I don’t say that the Governor of approach not only to the issues but in reduced capital gains from 28 percent Texas lacks intelligence; I do not sug- their approach to the economy and in to 20 percent 3 years ago. We had to gest that he is incompetent; But I their approach to where they want to think seriously about balancing the think it is important to examine the take the United States of America. budget during our battles for the bal- proposals that are on the table. The I yield the floor and look forward to anced budget amendment. But the first Governor of Texas says we ought to cut the comments of the distinguished Sen- Republican Congress in decades man- income taxes by $1.6 trillion. He says ator from Utah. aged to balance the budget. And we let the American people decide how the The PRESIDING OFFICER. The Sen- also had a wonderful head of the Fed- money is going to be spent. ator from Utah. eral Reserve in Alan Greenspan, a Re- That is a reasonable thing to do. I Mr. HATCH. Mr. President, I listened publican, who basically has done mi- don’t object to letting the American to the distinguished Senator from raculous work. There is no question people decide how they are going to Idaho and the distinguished Senator that Secretary Robert Rubin did a good spend their own money. from Nebraska, and I would like to say job and helped to stabilize world mar- Over the last 10 years, we have made that there is a real difference between kets. great strides, starting with a piece of the two candidates for President. I legislation that the father of the Gov- think we in America can say that the In all honesty, if we want to keep ernor of Texas supported in 1990. candidates running for President and this economy going, we have to realize George Herbert Walker Bush, when he Vice President are decent people. Their that marginal tax rates have jumped was campaigning in 1980 for the Repub- wives are good people. I know them all from 28 percent in 1986 up to over 40 lican nomination, described Ronald very well. The differences between percent today. Of course, they are still Reagan’s proposals as ‘‘voodoo econom- them, however, are really stark. 30 points below where they were when ics.’’ He went along with him as Vice I believe if you compare the Bush and Ronald Reagan took office with double- President for 8 years, and for 2 years as GORE economic programs you will find digit inflation and double-digit interest President. that the programs of George Bush have rates. In 1990, he said we have had enough. much more justification than the other I hope the American people realize He signed legislation and imposed caps side. we have to have a change in Wash- that we are obliterating this year. We all know that these comments ington or we are going to go back to We are ignoring the caps this year. I about reducing the national debt are the old ways of deficits, high interest, think we are going to be $300 billion just a front. We haven’t seen that hap- and high taxes. over on appropriations; the tax bill, an- pen since 1994 when the first Repub- I might also add that I get tired of other $250 billion against Medicare; lican Congress in decades took over. this 1 percent business. Let’s face it, health provisions, another $250 billion. The year 1994 was the first time in the top 1 percent of those who pay in- We are about $900 billion over the caps. decades that we controlled both Houses come taxes pay almost 35 percent of But the Governor of Texas is deter- of Congress and since then we have bal- the income taxes in this country. The mined to do another $1.6 trillion on top anced the budget three times. We have upper 50 percent, which comprises peo- of that—$1.1 trillion of payroll tax; paid down the debt $361 billion. By the ple with incomes over $27,000 a year, ‘‘voodoo economics,’’ and will put at end of next year it will be $1⁄2 trillion. pay 96 percent of all taxes. The bottom risk not just this surplus that we have That would not have happened had it 50 percent pay around 4 percent of all but the jobs that have been created as not been for the first Republican Con- taxes. Naturally, Bush wants every- a consequence of what his father start- gress. body who pays taxes to receive some ed in 1990. I remember as a Member of this body benefits from having done so. Those That is what this campaign is about. in 1994 when the President submitted who earn less than $35,000 a year are It should not be in pursuit of what I the budget for $200 billion in deficits going to have a 100-percent reduction consider to be sort of useless argu- well into this century. President Clin- in most cases. Since the average wage ments where you find that the Vice ton said at the time that nothing could in Utah is $37,000, it is easy to see we President said something that isn’t 100 be done, there was no way we could are going to have a lot of people in percent true. So he finds something have anything but those deficits for at Utah benefiting from the Bush tax that the Governor of Texas says isn’t least 10 years. cuts. If you make $50,000 or less, you

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.116 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11265 have a 50 percent or a 55 percent reduc- that we take care of in our bill. The and Naturalization Service in both its tion in your tax burden. At $75,000, you others we will look at, but not in the mission and its structure. We have have 25 percent. context of this bill. No; instead, the ad- complaints all the time about it. It is I felt it necessary to make these ministration proposes to move to the time to reform it. The INS should offer comments because the differences be- front of our immigration lines those better service and a culture of respect tween the two candidates are stark. I who have violated our immigration for our newest Americans. Many Re- think both candidates are good people. laws. publicans and Democrats have worked Vice President GORE and his wife Tip- That doesn’t seem right to me. We hard toward promoting these broad per are good people. There is no ques- have to focus our efforts on helping re- goals. tion that Governor Bush is a very good duce this backlog in addressing any le- Although we have yet to receive any person, and his wife, Laura, is a won- gitimate due process issues. Our pro- written or formal response from the ad- derful person. posal does these things to accomplish ministration concerning the LIFE Act, The difference is philosophy. It is these goals. The first part of our LIFE we have presented the White House time for us to get the country going in Act creates a new form of visitor visa with language that says we should hold the right direction. That is my view. for spouses and children of permanent hearings and consider legislation that Mr. President, I make a few com- residents. Our plan puts our Nation’s addresses the backlogs in applications ments to discuss a matter of great im- resources behind reuniting families, in- for lawful permanent residency, fur- portance to immigrants and to all stead of processing amnesty applica- thers keeping families together, and Americans. tions. Eligible applicants would be al- addresses whether there are worker President Clinton has repeatedly lowed to reunite with their families re- shortages in different sectors of our threatened to veto the Commerce, Jus- siding in the United States, and work economy. Further, we have proposed tice, State appropriations if it does not legally while awaiting a decision on that the Attorney General prepare a include his proposals for immigration the merits of their petitions. report to Congress no later than March amnesty for undocumented aliens, or Our proposal would allow approxi- 1, 2001, addressing facts relating to the in most cases, illegal aliens. He calls it mately 600,000 over the next 3 years to administration’s proposal. the Latino Immigration Fairness Act. come to the United States legally, Why do we need a report? Well, be- The CJS conference report does far ahead of schedule, to be reunited with fore the Congress is asked to proceed to better than the Latino fairness bill their immediate families. grant separate treatment to different that the President is advocating. This Second, the LIFE Act further nationalities, or consider a blanket CJS Report includes provisions that strengthens family and marriage by amnesty, I think it might make some will restore fairness to immigrants permitting spouses of U.S. citizens sense to know how many people would from all countries, including hundreds married outside the United States to be covered by the proposal. We have re- of thousands of Latinos. The CJS bill obtain visas allowing spouses to enter peatedly asked for such information contains a proposal carefully crafted the United States to await immigrant from the administration—they have by myself and others and we call it the visa processing. Before the Clinton- yet to provide it. Let’s be clear: the Legal Immigration Family Equity Act, Gore White House proposes that we Clinton-Gore administration cannot the LIFE Act. Our proposal has at its give residency to those who have bro- even tell us how many people will be foundation a simple goal—to take a ken our minimum immigration laws, covered by their proposal. Why can’t much needed step toward bringing fair- shouldn’t we first be in the position of they tell us? Either they do not know ness to our Nation’s immigration pol- letting the wives of our citizens into the answer or they do know the answer icy by reuniting families and helping this country, those who are legal? but don’t want the American people to those who have played by the rules. Third, the LIFE Act restores due know it. They would rather play poli- Our proposal does not pit one nation- process to immigrants who are wrongly tics with this issue. ality against another, nor does it pit denied adjustment of status because of I have no objection to seriously con- one race against another. Our legisla- an INS administrative error. sidering immigration reforms during tion provides relief to immigrants from My proposal allows the late amnesty the next Congress. I am chairman of all countries involved. class of 1982 to pursue their legaliza- the Republican Senatorial Hispanic By contrast, the Clinton-Gore pro- tion claims under the original terms of Task Force. I have worked very hard posal would grant a blanket amnesty the 1986 Act. We restore fairness to this for Latinos throughout our country— to millions of undocumented aliens— group of individuals that has spent frankly, throughout the world, and will many or most of whom have broken over 10 years in litigation. continue to do so. But such major re- our immigration laws. It also picks out This portion of the LIFE Act would forms should not be pursued in an elec- specific groups of immigrants—namely, assist approximately 400,000 immi- tion year rush to create wedge issues Central Americans—for special treat- grants in the class of 1982 who have that divide, rather than unite Ameri- ment. Unlike the Clinton-Gore pro- played by the rules and now deserve cans. Real INS reform requires that we posal, our plan does not provide relief the chance to legalize their status in proceed in a responsible way, after we to those who have violated our laws at accordance with law. Our proposal is know the facts. the expense of those who have played strongly supported by those who lived Unfortunately, the President appears by the rules. Instead, it restores due through this litigation and fought not to care about the facts. If he did process to a class of immigrants wrong- against the Clinton administration’s care, he would not threaten to veto ly denied the ability to apply for resi- INS for fairness—not the political in- this important bill since a veto jeop- dency nearly 15 years ago and expedi- terest groups that would prefer to di- ardizes funding for some of our most tiously reunifies husbands, wives, and vide our country over this issue. Mem- crucial government programs. children of resident aliens. In other bers of the class of 1982 prefer our solu- This chart shows just some of the words, legal aliens. tion to the administration’s. One mem- many programs funded by the CJS ap- It is important to bear in mind that ber of the class recently pleaded: propriations bill—programs which the at the same time the administration We urge President Clinton to now call President threatens to cut off funding wants to grant amnesty to millions of upon his INS to lay down its arms, to stop for with his veto. The CJS appropria- people, it cannot even tell us how its decade-old battle to block our legaliza- tions bill allocates $4.8 billion for the many people are waiting in line to tion, to comply with the numerous court or- INS. If those funds are cut off by that come here legally. The administra- ders we have won. veto we are going to be in a bigger tion’s best guess on the number of im- In short, our LIFE Act will help close mess on immigration then ever before, migrants waiting in line—a figure to one million people who have been as bad as some think INS is. It con- which is nearly four years old—is that treated unfairly by our nation’s immi- tains an additional $15.7 million for over 3.5 million people are waiting to gration laws. Border Patrol equipment upgrades. immigrate to the United States. Over 1 But Republicans have not stopped How will President Clinton explain to million of these applicants are spouses there. We recognize that there is a seri- Americans that he wants to shut down and children of permanent residents, ous need to reform the Immigration the INS and Border Patrol in order to

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.118 pfrm01 PsN: S27PT1 S11266 CONGRESSIONAL RECORD — SENATE October 27, 2000 force Congress to grant amnesty to Rican communities in the U.S. (read Arabs—do not want to see people who millions of illegal aliens? What kind of voters).’’ play by the rules disadvantaged in an a message does this send to the men The White House consciously tar- election year rush to help those who and women of the Border Patrol who geted Puerto Rican voters and, it have not. And if you put the question risk their lives doing their job each and seemed to me, under the worst of cir- to those the administration seeks to every day? I would note that the Bor- cumstances and in the worst way. help, I think they would agree as well. der Patrol officers oppose his amnesty Actions have consequences. If Presi- A veto of CJS appropriations and the proposal—or should I say the proposal dent Clinton vetoes this bill, he is put- LIFE Act would elevate political pos- of those on the other side. ting the public safety and well-being at turing above immigrant families and This appropriations bill also contains risk, both at home and abroad. He is would place interest group politics over $3.3 billion for the FBI, and $221 million doing this all in an effort to play wedge protecting the health and well-being of for training, equipment, and research politics. The President’s veto threats all Americans. and development programs to combat ring especially hollow because this ap- We have brought a lot of people to- domestic terrorism. How will President propriations bill provides many pro- gether on this bill. I call upon the Clinton explain to the families of those posals to help immigrants. The Presi- President to look at that. It is quite an killed in the U.S.S. Cole bombing that dent himself has stated that he wants, achievement under circumstances that FBI agents may have to be brought ‘‘to keep families together, and to have been difficult for people such as home because he has cut off funding for make our immigration policies more myself. the FBI in order to grant amnesty to equitable.’’ It surprises me that the administra- millions of undocumented aliens who This is exactly what my LIFE Act tion has suddenly called for urgent im- violated our immigration laws? does. In order to get that done, I have migration reform for fairness’ sake. It This appropriations bill contains $4.3 had to bring together people with all was 4 short years ago that the Presi- billion for the federal prison system kinds of varying viewpoints, from dent eagerly signed the Illegal Immi- and $1.3 billion for the Drug Enforce- those who do not want any immigra- gration Reform Act of 1996. The Presi- ment Administration. How will Presi- tion changes at all to those others who dent’s current proposal stands the 1996 dent Clinton explain to the American do not care about immigration. law on its head. Here is what the Presi- people that funding for Federal prisons I believe in the Statue of Liberty. I dent said then about the 1996 Act in his and drug enforcement and drug inter- believe this is a country that ought to signing statement: diction will be put at risk because he be open for legal immigrants. This bill also includes landmark immigra- wants to grant amnesty to millions of I believe we ought to do everything tion legislation that reinforces the efforts we people who have violated our immigra- in our power to solve these problems. I have made over the last 3 years to combat il- tion laws? am willing to hold hearings right to see legal immigration. It strengthens the rule of We do not even know how many mil- if we have not covered some of the law by cracking down on illegal immigration at the border, in the workplace, and in the lions because they will not give us the problems that need to be covered. More criminal justice system—without punishing figures. I suspect the reason they will than 1 million people are going to be those living in the United States legally, or not give us the figures is because it covered by the LIFE Act. We have been allowing children to be kept out of schools amounts to more than 4 million people. able to bring together both Houses of and sent into the streets. Let me just put another thing up Congress, as far as Republicans are I think the President ought to live by here. At the end of this Congress, we concerned, and I think a lot of good those words, instead of undermining got into an awful bind that threatened Democrats when they look at this will existing law through Latino fairness. to stop us from reauthorizing the Vio- be very impressed that we have been Getting our LIFE bill together has lence Against Women Act—for which able to get this much done. I cannot go taken a lot of effort on my part and on we allocate $288 million. This is the beyond that because there are people the part of others under difficult cir- Biden-Hatch bill. We passed it 6 years who just will not go any further. cumstances. We have been able to bring ago, as I recall. It has worked very well I am willing to commit to holding together people who almost always to help Women In Jeopardy Programs, hearings right after the first of the have difficulty with immigration laws. legal aid for battered women and chil- year to determine what else needs to be Our proposal has something that will dren, and a whole raft of other things done. I am not prepared today, without solve the 1982 problem of due process to help cope with the problems of vio- all the facts, without hearings, without rights. Those people have not been lence against women. This all goes knowing where we are going, to grant treated fairly by the INS. The INS down the drain if the President vetoes amnesty to millions of illegal aliens keeps appealing their cases even this bill. It is a matter of great con- and put them on the list ahead of those though they win them every time. We cern. Like I say, this bill allocates $288 who need their spouses and families to will solve that problem for them. million for the Violence Against be brought together. It solves the problem of reuniting Women Act Program, legislation that I When we fought these matters on the minor children with their parents in strongly supported and helped to break floor, there was a lot of anguish and this country. It does it in the best of free at the end of this Congress. whining by some on the other side that ways, and it does it expeditiously. It Does President Clinton want to cut we were not taking care of families and solves the problem of bringing spouses off funding for assistance to battered children. I said we would try to do that together with their husbands and wives women and their children in order to and we have done it. who are legal, and it will help close to grant amnesty to millions of illegal This bill does more than the Presi- 1 million people. That, to me, having aliens? It does not sound logical to me. dent’s bill, and it does it legally in the worked on immigration matters over I know we are weeks away from an right way, giving preference to the peo- the last 24 years, is a pretty darn good election. I also appreciate the desire of ple who have played by the rules rather accomplishment if we can get it done. the Clinton-Gore White House to play than those who have not. I do not want to have this process wedge politics. But I feel it is incum- Most Americans descend from some- break down because politics are being bent upon me to note this White House, one who came to this great country in played. I know there will never be an indeed, some White House officials in- the hope of pursuing a better life, in agreement to allow up to 4 million peo- volved in this immigration effort, have the hope of fulfilling the American ple who are illegal aliens into this a pretty poor record when it comes to Dream. I believe the American Dream country in preference over these three letting political motivations cloud is still alive and that we in Congress categories of people I have talked their judgment on matters, important should try to serve as its custodians. about, these 1 million people who de- matters of public interest and public For this reason, I believe it is not right serve to be treated better. safety. Let’s not forget how the Clin- to penalize families and to disadvan- I hope the President will listen to ton-Gore White House granted clem- tage those who have played by the what I have said. I have not had a ency to convicted FALN terrorists in rules. Indeed, I believe most current chance to personally chat with him, order to, in their words, ‘‘have a posi- and future Americans—most Hispanics, but I have talked with his Chief of tive impact among strategic Puerto most Asians, most Africans, and most Staff who is a good friend and decent

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.070 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11267 man and who I think, having served on days late, do not be surprised if you I listened to the argument. This is a the Senate Judiciary Committee for all have lost leverage. Of course you have Spanish-American War tax. For gosh those years on the Democratic side, un- lost leverage; you are 27 days beyond sakes, the income tax is a World War I derstands how difficult these matters the battle line, what the law tells us tax. Let’s get rid of that, too, if that is are to put together. we are supposed to be doing with our the basis of why eliminating a tax I believe it is time to resovle these appropriations bills. makes good sense. problems. I have done my best to do it. There are two things I want to talk But we are going to eliminate a $55 This is as far as we can go now, but we about as we head toward the end of this billion tax. We are going to increase make a promise to look into every session that I find to be very troubling. payments to Medicare. That is $74 bil- issue that is raised in hearings as soon The first is what we are doing with the lion more in the surplus, another $44 as we get back, assuming we are still in surplus itself. Again, the second thing billion going to increased pension bene- the majority. Even if we are not, I will the Senator from Utah said earlier is fits to military retirees. Tax cuts and cooperate in seeing those hearings are we balanced the budget in 1997 and that spending increases come to $723 billion held in an orderly and intelligent way. it came about as a result of the elec- over 10 years. The surplus is actually I reserve the remainder of my time. tion of a Republican House and Senate reduced by an additional $187 billion Mr. REID. Will the Senator withhold in 1995. because of interest costs, bringing the for a moment? I voted for a Republican budget in total to $910 billion. Mr. KERREY. Yes. 1995. I voted for a Republican budget in Since the 1990 Budget Act, signed by Mr. REID. Mr. President, I ask unan- 1997 in order to balance it. But we President Bush—all through the 1990s— imous consent that the Senator from began down this trail in 1990. That is we had to come to the floor, and if you West Virginia, Mr. BYRD, be recognized when the budget caps were enacted. wanted to offer something that spent for 20 minutes following the Senator That is when we established sequestra- more money, you had to have an offset. from Nebraska. tion to put in automatic across-the- It was called the pay-go system. The PRESIDING OFFICER. Without board cuts if we were unable to get our We discovered that tucked in this lit- objection, it is so ordered. budget inside the caps. There was a tle $247 billion tax bill that we are ar- The Senator from Nebraska. purpose. Balancing the budget was not guing about is a provision that waives Mr. KERREY. Mr. President, my an end in itself; it was a means to an the pay-go provisions. I mean, we are good friend from Utah just described end. abandoning everything that got us to two things that I see much differently What was the end? The end was where we are today. than he does. The conflict we are hav- growth in the economy. We believed Again, I emphasize to people who ing right now over Commerce-State- that if you balanced the budget—in want to know, what is this all about? Justice is occurring as a consequence other words, if you spent less than you Twenty-one million dollars have been of the House and the Senate not fin- taxed—that that would produce growth created. The recovery, in my view, ishing their appropriations work. They in the economy. That was the argu- started prior to 1993. It started in 1991 are supposed to be done by the first of ment, not just in 1990, but way long be- and 1992. The deficit started coming October. We are supposed to have all 13 fore that. down in 1992, and in no small part be- I recall, when I was Governor, sign- bills passed. Our work is supposed to be cause of what we did in 1990. The full ing a letter in support of what the Re- done and all the bills sent to the Presi- story did not begin in 1997. It did not publican Senate was doing in 1985 to dent for signature. We were not able to start in 1993. It started in 1990. And get the work done. We are not able to try to balance the budget. It included a freezing of the COLA, which some say now we are just throwing it all out the look much further than what has hap- contributed to the loss of the Repub- window, saying: It does not matter pened to fiscal discipline around here lican Senate in the 1986 election. I do anymore; we have a great big surplus. to discover why we have been unable to not know if that is true or not. It was That is why the American people are get our appropriations bills done, why tough medicine. It would have balanced distrustful. That is why they are say- there have been delays on the appro- the budget. It is not easy to balance ing to us: Take that surplus and pay priations bills. The answer is we are the budget. down the debt. That is why they are spending a lot more than the budget I remember voting in 1990, 1993, and not supporting big tax cuts. caps allow. 1997—and the criticism is always the I voted for the Republican tax cut According to Bill Hoagland, who in same: I want to balance the budget. I the first time it came up. Then I went the New York Times lays it out as ac- believe deficit reduction is important. I home and the people of Nebraska said curately as anybody—I consider him to just don’t want to pay any more or to me: We don’t want it. We don’t want be an extremely reliable analyzer of take any less. The only objection is, it. Pay down the debt. the numbers—the appropriations bills you cut my program and increased my This fiscal discipline has been good we are going to pass will be $310 billion taxes. Other than that, I liked what for us. It has created jobs. It has pro- over the caps as estimated by CBO over you did. moted economic growth. There has the next 10 years, and that presumes We had tough medicine in 1990, tough been a positive result. that only inflation will be allowed over medicine in 1993, and tough medicine in So I say, especially with the Gov- the next 10 years in growth in appro- 1997. All during those years, we had a ernor of Texas saying he is committed priations which we did not do this means to say to our citizens: Look, I to a $1.6 trillion income tax cut and a year. We are way beyond inflation this have to say no; I have a spending cap $1.1 trillion payroll tax cut, that on top year. It is probably not $310 billion. It up until this year. If you came to this of what we have already done, in my is probably much more than that. That floor, and there was a motion to waive view, that is unquestionably going to is the problem. the Budget Act, it was tough to get 60 put us right back in the soup. That is It is very much a case where we had votes. Not anymore. Today, it is rel- the failed policy of the past. a glass slipper that was too small for atively easy to get 60 votes. I am not The failed policy of the past is when our great big foot, and we could not get even sure we are going to have a vote we said it doesn’t matter if our budget all the things we wanted to spend into to break the budget caps on appropria- is balanced. The failed policy of the that shoe. The Republican majority, tions. past is when we were taking 22 percent facing that problem, had to decide Listen to what Mr. Hoagland says: of our income and spending it with 18- what it was going to do. It has delayed, This year we started off with a $2.4 tril- percent taxes coming in. Now it is the delayed, delayed, and as a consequence, lion general fund surplus. The appro- opposite. Spending levels are at 18 per- we are now in a situation where, if we priations is going to reduce that sur- cent—the lowest level they have been attach anything to it that is objection- plus by $310 billion. An additional $295 since the middle of the 1970s, before able to the President, it is going to billion in surplus goes for two tax cuts: this year, before what we have been provoke a veto. the $240 billion package we are battling doing in the past week or so—heading You know what you have to do to get over right now and a separate $55 bil- to 16 percent. It has not been at that the President to sign it. He will tell lion reduction in taxes on long distance level since Dwight Eisenhower was you what to do to sign it. If you are 27 telephone calls. President.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.122 pfrm01 PsN: S27PT1 S11268 CONGRESSIONAL RECORD — SENATE October 27, 2000 I have to say that given what Con- It did not just enable the economy to matching in there for this low- and gress is doing, and what we are seeing grow, it lowered the cost of borrowing moderate-income worker who is work- at the Presidential debate level, my money for a house, lowered the cost of ing for small businesses that have hope is the American people will wise borrowing money for an automobile, fewer than 100 employees. He stripped up and say: We got to where we are and lowered the cost of borrowing that out because he doesn’t like tax with tough choices. We are about ready money for a business. In my view, at credits. We had a deal. So when the Re- to throw it all down the drain. least as one former businessperson, it publican leadership got together, they My belief is that fiscal discipline has promoted an awful lot of economic yielded to Mr. ARCHER and stripped out not just been good for us here domesti- growth. It has a huge impact on our ca- provisions of the pension bill we want- cally, it has given us the strength to do pacity to create the kind of jobs that ed that made it more fair. an awful lot of things throughout the the American people want. I said last night, God created Demo- world as well. That is our greatest There is a second troubling thing crats so we can ask the question: Is it source of strength, our capacity to that I have heard said over and over fair? Sometimes we don’t ask: Can we keep our economy growing. during this tax debate and the debate pay for it? That is something we have You do not have to look any further on the Medicare balanced budget give- to train ourselves to do, and I thought than the former Soviet Union and Rus- backs as well. Those are both provi- we had through the 1990s with the sia. They have a GDP that is $30 billion sions we have, recognizing in 1997 we budget caps. I talked about that ear- less than we have for defense. I am not took almost $300 billion out of Medi- lier. But we asked the question: Is it saying our defense ought to be lower. I care for providers instead of the $100 fair? If we are going to spend money support taking it higher. I do not com- billion that we thought. So we are try- and try to increase the amount of pen- pare our defense against Russia, but ing to adjust that a bit and make sion coverage we have in the United their GDP is so low they cannot take things a little easier for—in my State, States of America, shouldn’t we try to care of submarines such as the Kursk. especially the rural providers—the pro- do it for low- and moderate-income I took a trip to Africa. Of the 11 na- viders, but also home health care peo- working people in the workforce with tions we visited, they spend less than ple and long-term care providers, and employers who have fewer than 100 em- $10 per person on health care and $10 so forth, that are in that package. ployees? Shouldn’t we do that? We an- per person on education. The reason is I have heard it said over and over swered yes. And Republicans in the Fi- their income is insufficient. They do that, gee, this was largely bipartisan. nance Committee agreed with us. That not have the growth and are not pro- Many of the provisions in this bill are is what we got. ducing things that the world wants to provisions that were supported by Mr. ARCHER said he doesn’t like tax buy, and the United States of America Democrats. That is absolutely true. credits. So when the Republican leader- does. There are many provisions that are in ship all got together—without a hear- So I do not want to go back to the this bill that were supported by Demo- ing—they stripped it out. Guess what. failed policies of the past. I do not crats. That is not the issue. The prob- With it stripped out, Mr. ARCHER still want to go back to ‘‘voodoo econom- lem is, I heard one of my colleagues votes against it. ics.’’ I do not want to go back to those say earlier—he was describing negotia- So they took something out of the days when we said to the American tions with China—an agreement is just pension bill they now want us to pass, people that it does not matter whether a temporary interruption in the nego- that we had insisted on in order to get or not our budget is balanced. tiations. Mr. ARCHER’s support, and he still We paid too big a price to get to We had an agreement on pensions. votes against the darn thing. where we are today. The American peo- We had an agreement on pension re- That is why we are pushing back. ple not only are more prosperous and forms. Democrats came on board say- That is why we urge President Clinton more enthusiastic about their economy ing: We recognize that in order to do to veto this thing. We would like to get and their future, but they have an pension reform, you are going to have most of the things that are in this tax awful lot more confidence in democ- to provide changes in the law that are bill. We believe Vice President GORE is racy as a result of our finally being likely to benefit upper income people. correct when he says we ought to make able to do something about what was The distinguished Senator from Utah careful decisions and selections about public enemy No. 1, all the way earlier talked about the 1 percent. He whose taxes are going to get cut. That through the 1980s, and all the way is absolutely right. is what we ought to attempt to do. We through the 1990s. Almost 40 percent of the swing in the ought to target those tax cuts. I am sure former President Bush re- deficit from 1992 to today, 43 percent, But you have to target the tax cuts, members what happened in 1992. He had an estimate made by Bill Hoagland of especially when you are dealing with a guy by the name of Ross Perot who the New York Times—43 percent of pensions and health care, as much of made the deficit a battle cry and en- that came because income tax rates this does, you ought to target it so as abled him to have an impact upon that were higher, and we had a big run-up in to increase the number of people who Presidential election, and probably en- the stock market, a big cashing out of have pensions. abled then-Governor Clinton to win stock options, and a big cashing out of All of us here in Congress aren’t that election, with 43 percent of the pensions as well. So upper income peo- going to have any difficulty contrib- vote. ple are paying more taxes, especially uting to get another $5,000. We have So you do not have to go back very Americans who have more than $1 mil- plenty of disposable income to come up far to see why it is that we have to re- lion of taxable income. They are pay- with the money to be able to increase establish fiscal discipline. We are going ing a lot of taxes. our contributions. The problem is for in the wrong direction. To get rid of So Democrats—I for one—acknowl- that minimum-wage, or slightly over, the pay-go provisions is reason enough edge that if you are going to do a pen- individual in a small business who is to vote against this tax bill for any- sion reform bill, it is likely to benefit struggling to get it done. body who went all the way through the upper income people. We are not going The same on health insurance: If you 1990s in this Congress. And that is the to demagogue that. It is likely to be are trying to increase the number of reason we are struggling with Com- that that is the case. But we asked for people who have health insurance, you merce-State-Justice. a couple little provisions to help that have to do more than what is in this The dirty little secret is that our low- and moderate-income worker. tax package. My friend from Texas, spending appetite exceeds the budget They were tax credits. Senator GRAMM, was talking about the caps that got us to where we are today. The chairman of the Ways and Means value of the tax deduction. The value As I said, this sounds like all process Committee, Mr. ARCHER, doesn’t like of the tax deduction is much greater arguments. But there was a big payoff tax credits. So he stripped the two pro- the higher your income. I get a 40-per- in eliminating that deficit, paying visions out that we had in there for cent subsidy as a consequence of the down the public debt, and relieving the small businesses to help them defray level of my income. But if my income pressure upon the private sector of bor- the cost of start-up pensions. He is $16,000 a year, I don’t get any deduc- rowing, as we have done. stripped the provision out that had a tion. If I am paying at the 15-percent

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.128 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11269 rate, I get a 15-percent deduction. That cipline. We benefited from economic THE CALENDAR is how it works. growth. We benefited from lower mort- The Joint Tax Committee estimates gage payments. We benefited from that 26 million people will get benefits greater opportunity as a consequence PRIVATE RELIEF as a consequence of the health care of Congress getting its act together, all Mr. HATCH. Mr. President, I ask provisions, but only 1.6 million of those the way through the 1980s and 1990, unanimous consent that the Senate people are people who currently don’t 1993, and in 1997. proceed to the consideration, en bloc, have health insurance. Secondly, I have great objection, as I of the following bills which are at the Republicans in Congress, I think cor- look at especially the tax cut proposal, desk: H.R. 848, H.R. 3184, H.R. 3414, and rectly, are saying that what Governor but also the BBA give-back proposal, H.R. 5266. Bush said in the third debate, ‘‘That is that we simply haven’t applied a test I ask unanimous consent that the the difference between my opponent of fairness. That is why it was a mis- bills be read the third time and passed, and I;’’ he wants Washington to decide take for Republicans to have a meeting the motions to reconsider be laid upon and select who gets a tax cut. Repub- with only Republicans. If you want the table, and that any statements re- licans apparently are saying that the something to be bipartisan, you have lating to the bills be printed in the Governor is wrong, because we are to let Democrats in the room. Like- RECORD. going to select who gets the tax cuts. wise, Democrats can’t hold a meeting The PRESIDING OFFICER. Without If you are going to have a tax cut and expect it to be bipartisan if we are objection, it is so ordered. right now, it seems to me one of the the only ones in the room, and then go f things we ought to try to do is to say: out and say: Gee, I don’t understand FOR THE RELIEF OF SEPANDAN This remarkable recovery we are hav- why Senator HATCH won’t sign on ing right now has been fabulous, but board. It is something he supported FARNIA AND FARBOD FARNIA there are some people who have been years ago. I don’t understand why he The bill (H.R. 848) for the relief of left behind. Let’s try to help them ac- won’t support this. It is similar to Sepandan Farnia and Farbod Farnia quire pensions in their part of the something he was talking about. The was considered, ordered to a third read- American dream. Let’s try to help answer is, he wasn’t in the room. He ing, read the third time, and passed. them acquire health insurance in their didn’t have an opportunity to voice his f part of the American dream. We don’t concern. He didn’t have an opportunity FOR THE RELIEF OF ZOHREH do that. to say what he liked or didn’t like. FARHANG GHAHFAROKHI As I said, I heard my Republican What the Republicans did is they friends assert several times that Demo- brought something that stripped out The bill (H.R. 3184) for the relief of crats were on board and support many things we had agreed to, and they did Zohreh Farhang Ghahfarokhi was con- of the provisions. That is true. But we not apply a test of fairness. As a con- sidered, ordered to a third reading, added provisions that were stricken sequence, I am pleased, especially con- read the third time, and passed. out. We added provisions that would nected to the loss of fiscal discipline, f have made the proposal much more that in the closing days of the 106th the fair. I believe you cannot apply a fair- FOR THE RELIEF OF LUIS A. President has indicated he is going to LEON-MOLINA, LIGIA PADRON, ness test every single time you are veto these two pieces of legislation. I doing things. There are times when life JUAN LEON PADRON, RENDY think the American people will be the LEON PADRON, MANUEL LEON isn’t fair. But when you are giving tax beneficiaries of it. cuts to American working families, it PADRON, AND LUIS LEON My hope is, on both of them, that it seems to me a test of fairness is appro- PADRON will result in bipartisan negotiation priate. When you are trying to increase The bill (H.R. 3414) for the relief of and producing something the President the number of people who have pen- Luis A. Leon-Molina, Ligia Padron, can sign. It can be done. We don’t have sions in the workforce, when you are Juan Leon Padron, Rendy Leon to run out of here over the weekend. trying to increase the number of people Padron, Manuel Leon Padron, and Luis We know exactly what to do. It would who have health insurance, a test of Leon Padron, was considered, ordered take us about 30 minutes to put to- fairness is appropriate for Members of to a third reading, read the third time, gether a tax bill and a BBA give-back Congress to try to apply to the piece of and passed. bill that would get 80 votes on this legislation we are considering. floor. We wouldn’t have to sit and say, f Those are the two objections I have I wonder if the President is going to to what is going on right now. The first FOR THE RELIEF OF SAEED REZAI sign it. We would know he would sign is, I think we have lost our way when The bill (H.R. 5266) for the relief of it. If we have 80 votes, he is going to it comes to fiscal discipline, the dis- Saeed Rezai, was considered, ordered to sign it. The last time I checked, that is cipline that enabled us to say to a cit- a third reading, read the third time, still enough to override a veto. But we izen, when a citizen comes and says, and passed. didn’t do that. Senator, it only costs $100 million over f 10, would you offer an amendment, and As a result, we are left here on Octo- FOR THE PRIVATE RELIEF OF I would always say in the 1990s, well, I ber 27, 27 days beyond the time we were RUTH HAIRSTON have to have a ‘‘pay for.’’ I have to find supposed to be done and home, we are an offset. left here, still a long way to go before Mr. HATCH. Mr. President, I ask Not anymore. If the pay-go provi- we have an agreement, a long way to unanimous consent that the Govern- sions of the Budget Act are repealed, as go before we will be able to say we have mental Affairs Committee be dis- is proposed in this tax bill, no longer closed up shop and we have finished the charged from further consideration of will that be necessary. It used to be I people’s business. H.R. 660, and the Senate then proceed would say: Look, this is going to be I yield the floor. to its immediate consideration. tough because it is beyond what we au- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without thorized in the Budget Act and to get ator from Utah. objection, it is so ordered. The clerk 60 votes to waive the Budget Act is Mr. HATCH. Mr. President, my col- will report the bill by title. going to be hard. league made some pretty good points The legislative clerk read as follows: Not any longer does it appear to be on fairness, except we asked ‘‘is it A bill (H.R. 660) for the private relief of difficult to waive the Budget Act. That fair,’’ too. Is it fair to allow 3.5 million Ruth Hairston by waiver of a filing deadline discipline that enabled us to get where legal immigrants to be held in line so for appeal from a ruling relating to her ap- we are today is at risk in the closing that we can take care of approximately plication for a survivor annuity. days of the 106th Congress. 4 million illegal immigrants? That is There being no objection, the Senate I hope that in this election the Amer- the point I was making earlier in the proceeded to consider the bill. ican people will say loud and clear we day. Frankly, it is a matter I find of Mr. HATCH. Mr. President, I ask recognize the value of that fiscal dis- great importance. unanimous consent the bill be read the

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.131 pfrm01 PsN: S27PT1 S11270 CONGRESSIONAL RECORD — SENATE October 27, 2000 third time and passed, the motion to (1) it is essential to remember and renew (E) The Director of the Office of Personnel reconsider be laid upon the table, and the legacy of Memorial Day, which was es- Management (or a designee). any statements relating to the bill be tablished in 1868 to pay tribute to individuals (F) The Administrator of General Services who have made the ultimate sacrifice in (or a designee). printed in the RECORD. service to the United States and their fami- (G) The Secretary of Transportation (or a The PRESIDING OFFICER. Without lies; designee). objection, it is so ordered. (2) greater strides must be made to dem- (H) The Secretary of Education (or a des- The bill (H.R. 660) was read the third onstrate appreciation for those loyal people ignee). time and passed. of the United States whose values, rep- (I) The Secretary of the Interior (or a des- f resented by their sacrifices, are critical to ignee). the future of the United States; (J) The Executive Director of the Presi- EXPRESSING APPRECIATION FOR (3) the Federal Government has a responsi- dent’s Commission on White House Fellows U.S. SERVICE MEMBERS ABOARD bility to raise awareness of and respect for (or a designee). HMT ‘‘ROHNA’’ the national heritage, and to encourage citi- (K) The Secretary of the Army (or a des- Mr. HATCH. Mr. President, I ask zens to dedicate themselves to the values ignee). and principles for which those heroes of the (L) The Secretary of the Navy (or a des- unanimous consent that the Senate United States died; ignee). now proceed to the consideration H. (4) the relevance of Memorial Day must be (M) The Secretary of the Air Force (or a Con. Res. 408 which is at the desk. made more apparent to present and future designee). The PRESIDING OFFICER. The generations of people of the United States (N) The Commandant of the Marine Corps clerk will report the concurrent resolu- through local and national observances and (or a designee). tion by title. ongoing activities; (O) The Commandant of the Coast Guard The legislative clerk read as follows: (5) in House Concurrent Resolution 302, (or a designee). agreed to May 25, 2000, Congress called on (P) The Executive Director and White A concurrent resolution (H. Con. Res. 408) the people of the United States, in a sym- House Liaison (or a designee). expressing appreciation for the United bolic act of unity, to observe a National Mo- (Q) The Chief of Staff of the Army. States service members who were aboard the ment of Remembrance to honor the men and (R) The Chief of Naval Operations. British transport HMT Rohna when it sank, women of the United States who died in the (S) The Chief of Staff of the Air Force. the families of these service members, and pursuit of freedom and peace; (T) Any other member, the appointment of the rescuers of the HMT Rohna’s passengers (6) in Presidential Proclamation No. 7315 of whom the Commission determines is nec- and crew. May 26, 2000 (65 Fed. Reg. 34907), the Presi- essary to carry out this Act. There being no objection, the Senate dent proclaimed Memorial Day, May 29, 2000, (2) NONVOTING MEMBERS.—The members ap- proceeded to consider the concurrent as a day of prayer for permanent peace, and pointed to the Commission under subpara- resolution. designated 3:00 p.m. local time on that day graphs (K) through (T) of paragraph (1) shall Mr. HATCH. Mr. President, I ask as the time to join in prayer and to observe be nonvoting members. unanimous consent that the resolution the National Moment of Remembrance; and (3) DATE OF APPOINTMENTS.—All appoint- be agreed to, the preamble be agreed (7) a National Moment of Remembrance ments under paragraph (1) shall be made not to, and the motion to reconsider be laid and other commemorative events are needed later than 90 days after the date of enact- to reclaim Memorial Day as the sacred and ment of this Act. upon the table. noble event that that day is intended to be. (c) TERM; VACANCIES.— The PRESIDING OFFICER. Without SEC. 3. DEFINITIONS. (1) TERM.—A member shall be appointed to objection, it is so ordered. In this Act: the Commission for the life of the Commis- The resolution (H. Con. Res. 408) was (1) ALLIANCE.—The term ‘‘Alliance’’ means sion. agreed to. the Remembrance Alliance established by (2) VACANCIES.—A vacancy on the Commis- The preamble was agreed to. section 9(a). sion— f (2) COMMISSION.—The term ‘‘Commission’’ (A) shall not affect the powers of the Com- means the White House Commission on the mission; and NATIONAL MOMENT OF National Moment of Remembrance estab- (B) shall be filled in the same manner as REMEMBRANCE ACT lished by section 5(a). the original appointment was made. Mr. HATCH. Mr. President, I ask (3) EXECUTIVE DIRECTOR AND WHITE HOUSE (d) INITIAL MEETING.—Not later than 30 LIAISON.—The term ‘‘Executive Director and unanimous consent that the Judiciary days after the date specified in subsection White House Liaison’’ means the Executive (b)(3) for completion of appointments, the Committee be discharged from further Director and White House Liaison appointed Commission shall hold the initial meeting of consideration of S. 3181 and the Senate under section 10(a)(1). the Commission. then proceed to its immediate consid- (4) MEMORIAL DAY.—The term ‘‘Memorial (e) MEETINGS.—The Commission shall meet eration. Day’’ means the legal public holiday des- at the call of the Chairperson. ignated as Memorial Day by section 6103(a) The PRESIDING OFFICER. Without (f) QUORUM.—A majority of the voting objection, it is so ordered. The clerk of title 5, United States Code. members of the Commission shall constitute will report the bill by title. (5) TRIBAL GOVERNMENT.—The term ‘‘tribal a quorum, but a lesser number of members The legislative clerk read as follows: government’’ means the governing body of may hold hearings. an Indian tribe (as defined in section 4 of the (g) CHAIRPERSON AND VICE CHAIRPERSON.— A bill (S. 3181) to establish the White Indian Self-Determination and Education The Commission shall select a Chairperson House Commission on the National Moment Assistance Act (25 U.S.C. 450b). of Remembrance, and for other purposes. and a Vice Chairperson from among the SEC. 4. NATIONAL MOMENT OF REMEMBRANCE. There being no objection, the Senate members of the Commission at the initial The minute beginning at 3:00 p.m. (local meeting of the Commission. proceeded to consider the bill. time) on Memorial Day each year is des- Mr. HATCH. Mr. President, I ask ignated as the ‘‘National Moment of Remem- SEC. 6. DUTIES. unanimous consent that the bill be brance’’. (a) IN GENERAL.—The Commission shall— read the third time and passed, the mo- SEC. 5. ESTABLISHMENT OF WHITE HOUSE COM- (1) encourage the people of the United States to give something back to their coun- tion to reconsider be laid upon the MISSION ON THE NATIONAL MO- MENT OF REMEMBRANCE. try, which provides them so much freedom table, and any statements relating to (a) ESTABLISHMENT.—There is established a and opportunity; the bill be printed in the RECORD. commission to be known as the ‘‘White (2) encourage national, State, local, and The PRESIDING OFFICER. Without House Commission on the National Moment tribal participation by individuals and enti- objection, it is so ordered. of Remembrance’’. ties in commemoration of Memorial Day and The bill (S. 3181) was read the third (b) MEMBERSHIP.— the National Moment of Remembrance, in- time and passed, as follows: (1) COMPOSITION.—The Commission shall be cluding participation by— composed of the following: S. 3181 (A) national humanitarian and patriotic (A) 4 members appointed by the President, organizations; Be it enacted by the Senate and House of Rep- including at least 1 representative of tribal (B) elementary, secondary, and higher edu- resentatives of the United States of America in governments. cation institutions; Congress assembled, (B) The Secretary of Defense (or a des- (C) veterans’ societies and civic, patriotic, SECTION 1. SHORT TITLE. ignee). educational, sporting, artistic, cultural, and This Act may be cited as the ‘‘National (C) The Secretary of Veterans Affairs (or a historical organizations; Moment of Remembrance Act’’. designee). (D) Federal departments and agencies; and SEC. 2. FINDINGS. (D) The Secretary of the Smithsonian In- (E) museums, including cultural and his- Congress finds that— stitution (or a designee). torical museums; and

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.133 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11271 (3) provide national coordination for com- tion that the Commission is authorized to the Federal Government shall serve without memorations in the United States of Memo- take under this Act. compensation in addition to the compensa- rial Day and the National Moment of Re- (f) AUTHORITY TO PROCURE AND TO MAKE tion received for the services of the member membrance. LEGAL AGREEMENTS.— as an officer or employee of the Federal Gov- (b) REPORTS.— (1) IN GENERAL.—Subject to the avail- ernment. (1) IN GENERAL.—For each fiscal year in ability of appropriations, to carry out this (b) TRAVEL EXPENSES.—A member of the which the Commission is in existence, the Act, the Chairperson or Vice Chairperson of Commission may be allowed travel expenses, Commission shall submit to the President the Commission or the Executive Director including per diem in lieu of subsistence, at and Congress a report describing the activi- and White House Liaison may, on behalf of rates authorized for an employee of an agen- ties of the Commission during the fiscal the Commission— cy under subchapter I of chapter 57 of title 5, year. (A) procure supplies, services, and prop- United States Code, while away from the (2) CONTENTS.—A report under paragraph erty; and home or regular place of business of the (1) may include— (B) enter into contracts, leases, and other member in the performance of the duties of (A) recommendations regarding appro- legal agreements. the Commission. (c) STAFF.—The Chairperson of the Com- priate activities to commemorate Memorial (2) RESTRICTIONS.— mission or the Executive Director and White Day and the National Moment of Remem- (A) WHO MAY ACT ON BEHALF OF COMMIS- House Liaison may, without regard to the brance, including— SION.—Except as provided in paragraph (1), civil service laws (including regulations), ap- (i) the production, publication, and dis- nothing in this Act authorizes a member of point and terminate such additional per- tribution of books, pamphlets, films, and the Commission to procure any item or enter sonnel as are necessary to enable the Com- other educational materials; into any agreement described in that para- mission to perform the duties of the Com- (ii) bibliographical and documentary graph. mission. URATION OF LEGAL AGREEMENTS projects and publications; (B) D .—A (2) COMPENSATION.— (iii) conferences, convocations, lectures, contract, lease, or other legal agreement en- (A) IN GENERAL.—Except as provided in seminars, and other similar programs; tered into by the Commission may not ex- subparagraph (B), the Chairperson of the (iv) the development of exhibits for librar- tend beyond the date of termination of the Commission may fix the compensation of the ies, museums, and other appropriate institu- Commission. Executive Director and White House Liaison tions; (3) SUPPLIES AND PROPERTY POSSESSED BY and other personnel without regard to the (v) ceremonies and celebrations commemo- COMMISSION AT TERMINATION.—Any supply, provisions of chapter 51 and subchapter III of rating specific events that relate to the his- property, or other asset that is acquired by, chapter 53 of title 5, United States Code, re- tory of wars of the United States; and and, on the date of termination of the Com- lating to classification of positions and Gen- (vi) competitions, commissions, and mission, remains in the possession of, the eral Schedule pay rates. awards regarding historical, scholarly, artis- Commission shall be considered property of (B) MAXIMUM RATE OF PAY.—The rate of tic, literary, musical, and other works, pro- the General Services Administration. pay for the Executive Director and White grams, and projects related to commemora- (g) EXCLUSIVE RIGHT TO NAME, LOGOS, EM- House Liaison and other personnel shall not tion of Memorial Day and the National Mo- BLEMS, SEALS, AND MARKS.— exceed the rate equal to the daily equivalent ment of Remembrance; (1) IN GENERAL.—The Commission may de- of the annual rate of basic pay prescribed for (B) recommendations to appropriate agen- vise any logo, emblem, seal, or other desig- level IV of the Executive Schedule under sec- cies or advisory bodies regarding the nating mark that the Commission deter- tion 5315 of title 5, United States Code, for issuance by the United States of commemo- mines— each day (including travel time) during rative coins, medals, and stamps relating to (A) to be required to carry out the duties which the member is engaged in the perform- Memorial Day and the National Moment of of the Commission; or ance of the duties of the Commission. Remembrance; (B) to be appropriate for use in connection (d) DETAIL OF FEDERAL GOVERNMENT EM- (C) recommendations for any legislation or with the commemoration of Memorial Day PLOYEES.— administrative action that the Commission or the National Moment of Remembrance. (1) IN GENERAL.—In addition to the details determines to be appropriate regarding the (2) LICENSING.— under paragraph (2), on request of the Chair- commemoration of Memorial Day and the (A) IN GENERAL.—The Commission— person, the Vice Chairperson, or the Execu- National Moment of Remembrance; (i) shall have the sole and exclusive right tive Director and White House Liaison, an (D) an accounting of funds received and ex- to use the name ‘‘White House Commission employee of the Federal Government may be pended by the Commission in the fiscal year on the National Moment of Remembrance’’ detailed to the Commission without reim- covered by the report, including a detailed on any logo, emblem, seal, or descriptive or bursement. description of the source and amount of any designating mark that the Commission law- (2) DETAIL OF SPECIFIC EMPLOYEES.— funds donated to the Commission in that fis- fully adopts; and (A) MILITARY DETAILS.— cal year; and (ii) shall have the sole and exclusive right (i) ARMY; AIR FORCE.—The Secretary of the (E) a description of cooperative agree- to allow or refuse the use by any other enti- Army and the Secretary of the Air Force ments and contracts entered into by the ty of the name ‘‘White House Commission on shall each detail a commissioned officer Commission. the National Monument of Remembrance’’ above the grade of captain to assist the Com- SEC. 7. POWERS. on any logo, emblem, seal, or descriptive or mission in carrying out this Act. (ii) NAVY.—The Secretary of the Navy shall (a) HEARINGS.— designating mark. detail a commissioned officer of the Navy (1) IN GENERAL.—The Commission may hold (B) TRANSFER ON TERMINATION.—Unless above the grade of lieutenant and a commis- such hearings, sit and act at such times and otherwise provided by law, all rights of the sioned officer of the Marine Corps above the places, take such testimony, and receive Commission under subparagraph (A) shall be grade of captain to assist the Commission in such evidence as the Commission considers transferred to the Administrator of General carrying out this Act. advisable to carry out this Act. Services on the date of termination of the (B) VETERANS AFFAIRS; EDUCATION.—The (2) PUBLIC PARTICIPATION.—The Commis- Commission. Secretary of Veterans Affairs and the Sec- sion shall provide for reasonable public par- (3) EFFECT ON OTHER RIGHTS.—Nothing in retary of Education shall each detail an offi- ticipation in matters before the Commission. this subsection affects any right established cer or employee compensated above the level (b) INFORMATION FROM FEDERAL AGEN- or vested before the date of enactment of this Act. of GS–12 in accordance with subchapter III of CIES.— chapter 53 of title 5, United States Code to (1) IN GENERAL.—The Commission may se- (4) USE OF FUNDS.—The Commission may, without further Act of appropriation, use assist the Commission in carrying out this cure directly from a Federal agency such in- Act. formation as the Commission considers nec- funds received from licensing royalties under this section to carry out this Act. (3) CIVIL SERVICE STATUS.—The detail of essary to carry out this Act. any officer or employee under this sub- SEC. 8. COMMISSION PERSONNEL MATTERS. (2) PROVISION OF INFORMATION.—On request section shall be without interruption or loss of the Chairperson of the Commission, the (a) COMPENSATION OF MEMBERS.— of civil service status or privilege. head of the agency shall provide the informa- (1) NON-FEDERAL EMPLOYEES.—A member of (e) PROCUREMENT OF TEMPORARY AND tion to the Commission. the Commission who is not an officer or em- INTERMITTENT SERVICES.—The Chairperson of (c) POSTAL SERVICES.—The Commission ployee of the Federal Government may be the Commission may procure temporary and may use the United States mails in the same compensated at a rate equal to the daily intermittent services in accordance with sec- manner and under the same conditions as equivalent of the annual rate of basic pay tion 3109(b) of title 5, United States Code, at other agencies of the Federal Government. prescribed for level IV of the Executive rates for individuals that do not exceed the (d) GIFTS.—The Commission may solicit, Schedule under section 5315 of title 5, United daily equivalent of the annual rate of basic accept, use, and dispose of, without further States Code, for each day (including travel pay prescribed for level V of the Executive Act of appropriation, gifts, bequests, devises, time) during which the member is engaged in Schedule under section 5316 of that title. and donations of services or property. the performance of the duties of the Com- (f) COOPERATIVE AGREEMENTS.— (e) POWERS OF MEMBERS AND AGENTS.—Any mission. (1) IN GENERAL.—The Commission may member or agent of the Commission may, if (2) FEDERAL EMPLOYEES.—A member of the enter into a cooperative agreement with an- authorized by the Commission, take any ac- Commission who is an officer or employee of other entity, including any Federal agency,

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.051 pfrm01 PsN: S27PT1 S11272 CONGRESSIONAL RECORD — SENATE October 27, 2000 State or local government, or private entity, of business of the member in the perform- The legislative clerk read as follows: under which the entity may assist the Com- ance of the duties of the Commission. A bill (H.R. 3621) to provide for the post- mission in— (f) TERMINATION.—The Alliance shall ter- humous promotion of William Clark of the (A) carrying out the duties of the Commis- minate on the date of termination of the Commonwealth of Virginia and the Common- sion under this Act; and Commission. wealth of Kentucky, co-leader of the Lewis (B) contributing to public awareness of and SEC. 10. EXECUTIVE DIRECTOR AND WHITE and Clark Expedition, to the grade of captain interest in Memorial Day and the National HOUSE in the Regular Army. Moment of Remembrance. LIAISON. There being no objection, the Senate (2) ADMINISTRATIVE SUPPORT SERVICES.—On (a) APPOINTMENT.— the request of the Commission, the Adminis- (1) IN GENERAL.—The Director of the Com- proceeded to consider the bill. trator of General Services shall provide to mittee Management Secretariat Staff of the Mr. HATCH. Mr. President, I ask the Commission, on a reimbursable basis, General Services Administration shall ap- unanimous consent that the bill be any administrative support services and any point an individual as Executive Director read the third time and passed, the mo- property, equipment, or office space that the and White House Liaison. tion to reconsider be laid upon the Commission determines to be necessary to (2) INAPPLICABILITY OF CERTAIN CIVIL SERV- table, and that any statements relating ICE LAWS.—The Executive Director and White carry out this Act. to the bill be printed in the RECORD. (g) SUPPORT FROM NONPROFIT SECTOR.—The House Liaison may be appointed without re- The bill (H.R. 3621) was read the third gard to the provisions of title 5, United Commission may accept program support time and passed. from nonprofit organizations. States Code, governing appointments in the f SEC. 9. REMEMBRANCE ALLIANCE. competitive service. (b) DUTIES.—The Executive Director and (a) ESTABLISHMENT.—There is established SENSE OF CONGRESS THAT A DAY White House Liaison shall— the Remembrance Alliance. (1) serve as a liaison between the Commis- OF PEACE AND SHARING (b) COMPOSITION.— sion and the President; SHOULD BE ESTABLISHED EACH (1) MEMBERS.—The Alliance shall be com- (2) serve as chief of staff of the Commis- YEAR posed of individuals, appointed by the Com- sion; and mission, that are representatives or mem- Mr. HATCH. Mr. President, I ask (3) coordinate the efforts of the Commis- bers of— unanimous consent that the Judiciary sion and the President on all matters relat- (A) the print, broadcast, or other media in- ing to this Act, including matters relating to Committee be discharged, and that the dustry; the National Moment of Remembrance. Senate proceed to the immediate con- (B) the national sports community; (c) COMPENSATION.—The Executive Direc- sideration of S. Con. Res. 138. (C) the recreation industry; tor and White House Liaison may be com- The PRESIDING OFFICER. Without (D) the entertainment industry; pensated at a rate equal to the daily equiva- objection, it is so ordered. The clerk (E) the retail industry; lent of the annual rate of basic pay pre- (F) the food industry; will state the concurrent resolution by scribed for level IV of the Executive Sched- (G) the health care industry; title. ule under section 5315 of title 5, United (H) the transportation industry; The legislative clerk read as follows: States Code, for each day (including travel (I) the education community; A concurrent resolution (S. Con. Res. 138) time) during which the Executive Director (J) national veterans organizations; and expressing the sense of Congress that a day and White House Liaison is engaged in the (K) families that have lost loved ones in of peace and sharing should be established at performance of the duties of the Commis- combat. the beginning of each year. sion. (2) HONORARY MEMBERS.—On recommenda- SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. There being no objection, the Senate tion of the Alliance, the Commission may proceeded to consider the bill. appoint honorary, nonvoting members to the (a) IN GENERAL.—The Comptroller General of the United States shall audit, on an an- Mr. HATCH. Mr. President, I ask Alliance. unanimous consent that the concur- (3) VACANCIES.—Any vacancy in the mem- nual basis, the financial transactions of the bership of the Alliance shall be filled in the Commission (including financial trans- rent resolution and preamble be agreed same manner in which the original appoint- actions involving donated funds) in accord- to, the motion to reconsider be laid ment was made. ance with generally accepted auditing stand- upon the table, and that any state- (4) MEETINGS.—The Alliance shall conduct ards. ments relating thereto be printed in (b) ACCESS.—The Commission shall ensure meetings in accordance with procedures ap- the RECORD. proved by the Commission. that the Comptroller General, in conducting an audit under this section, has— The PRESIDING OFFICER. Without (c) TERM.—The Commission may fix the (1) access to all books, accounts, financial objection, it is so ordered. term of appointment for members of the Al- The concurrent resolution (S. Con. liance. records, reports, files, and other papers, items, or property in use by the Commission, Res. 138) was agreed to. (d) DUTIES.—The Alliance shall assist the The preamble was agreed to. Commission in carrying out this Act by— as necessary to facilitate the audit; and (1) planning, organizing, and implementing (2) full ability to verify the financial trans- The concurrent resolution, with its an annual White House Conference on the actions of the Commission, including access preamble, reads as follows: National Moment of Remembrance and other to any financial records or securities held for S. CON. RES. 138 the Commission by depositories, fiscal similar events; Whereas human progress in the 21st cen- agents, or custodians. (2) promoting the observance of Memorial tury will depend upon global understanding Day and the National Moment of Remem- SEC. 12. AUTHORIZATION OF APPROPRIATIONS. and cooperation in finding positive solutions brance through appropriate means, subject There are authorized to be appropriated to to hunger and violence; to any guidelines developed by the Commis- carry out this Act, to remain available until Whereas the turn of the millennium offers sion; expended— unparalleled opportunity for humanity to ex- (3) establishing necessary incentives for (1) $500,000 for fiscal year 2001; and amine its past, set goals for the future, and Federal, State, and local governments and (2) $250,000 for each of fiscal years 2002 establish new patterns of behavior; private sector entities to sponsor and par- through 2009. Whereas the people of the United States ticipate in programs initiated by the Com- SEC. 13. TERMINATION. and the world observed the day designated mission or the Alliance; The Commission shall terminate on the by the United Nations General Assembly as (4) evaluating the effectiveness of efforts earlier of— ‘‘One Day in Peace, January 1, 2000’’ (General by the Commission and the Alliance in car- (1) a date specified by the President that is Assembly Resolution 54/29); rying out this Act; and at least 2 years after the date of enactment Whereas the example set on that day ought (5) carrying out such other duties as are as- of this Act; or to be recognized globally and repeated each signed by the Commission. (2) the date that is 10 years after the date year; (e) ALLIANCE PERSONNEL MATTERS.— of enactment of this Act. Whereas the people of the United States (1) COMPENSATION OF MEMBERS.—A member f seek to establish better relations with one of the Alliance shall serve without com- another and with the people of all countries; pensation for the services of the member to POSTHUMOUS PROMOTION OF and the Alliance. WILLIAM CLARK Whereas celebration by the breaking of (2) TRAVEL EXPENSES.—A member of the Mr. HATCH. Mr. President, I ask bread together traditionally has been the Alliance may be allowed reimbursement for unanimous consent that the Senate means by which individuals, societies, and travel expenses, including per diem in lieu of nations join together in peace: Now, there- subsistence, at rates authorized for an em- now proceed to the consideration of fore, be it ployee of an agency under subchapter I of H.R. 3621, which is at the desk. Resolved by the Senate (the House of Rep- chapter 57 of title 5, United States Code, The PRESIDING OFFICER. The resentatives concurring), That it is the sense while away from the home or regular place clerk will report the bill by title. of Congress that—

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.051 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11273 (1) each year should begin with a day of on topics of mutual concern. I strongly ADMINISTRATIVE PROCEDURES FOR THE peace and sharing during which— encourage the members of the Group to SENATE NATIONAL SECURITY WORKING GROUP (A) people around the world should gather continue and expand this practice dur- These administrative procedures govern with family, friends, neighbors, their faith ing the 107th Congress. the functioning of the Senate National Secu- community, or people of another culture to rity Working Group (NSWG or Working pledge nonviolence in the new year and to I am also pleased to announce that Group) based on the authorizing legislation share in a celebratory new year meal; and Senator THAD COCHRAN from my home (S. Res. 75, as amended) agreed to March 25, (B) Americans who are able should match state of Mississippi has agreed to serve 1999. They outline the agenda-setting proc- or multiply the cost of their new year meal during the 107th Congress as the Re- ess, travel procedures, routine functioning of with a timely gift to the hungry at home or publican Administrative Co-Chairman the Working Group, and the procedures to abroad in a tangible demonstration of a de- of the Group. I appreciate his willing- ensure that complete records are kept in ac- sire for increased friendship and sharing ness to once again serve in this capac- cordance with the proper use of government among people around the world; and funds. (2) the President should issue a proclama- ity. I look forward to participating in 1. The staff should meet regularly (once a tion each year calling on the people of the the Group’s activities beginning early month during session), with recorded min- United States and interested organizations next year. utes. A central record of all Working Group to observe such a day with appropriate pro- Mr. DASCHLE. Mr. President, I rise papers should be maintained (with an access grams and activities. to support the reauthorization of the log) by the Office of Senate Security, with f Senate’s National Security Working access to the records open to all Working Group—NSWG. The NSWG was created Group Members and designated staff with ap- EXTENDING AUTHORITIES RELAT- propriate clearances. ING TO THE SENATE NATIONAL last year as the successor to the Arms 2. The Group’s regular staff meetings SECURITY WORKING GROUP Control Observer Group, a group that should, if appropriate, include a briefing had served the Senate well for over a from the Administration on matters of con- Mr. HATCH. Mr. President, I ask decade. cern to the Working Group. unanimous consent that the Senate Like its predecessor, the purpose of 3. These regular staff meetings should pro- proceed to the immediate consider- the NSWG is to be the Senate’s non- vide the forum for establishing a consensus ation of S. Res. 383 submitted earlier recommendation to Members of agenda partisan eyes and ears on defense and items for the Working Group and prospective by Senators LOTT and DASCHLE. national security issues. Unlike nearly The PRESIDING OFFICER. The briefings and/or trips to be arranged for the every other group in the Senate and clerk will state the resolution by title. Working Group. Official notice of briefing to the Congress, the National Security Members should be given no later than seven The legislative clerk read as follows: Working Group is composed of an equal days prior to the briefing. Official notice will A resolution (S. Res. 383) extending the au- number of Democrats and Republicans. be issued by the Majority Administrative Co- thorities relating to the Senate National Se- Chairman and the Minority Administrative curity Working Group. This makeup was intended to ensure the NSWG worked by consensus. No Co-Chairman. There being no objection, the Senate 4. Any Member may propose foreign travel, single Senator or political party could proceeded to consider the resolution. but both Administrative Co-Chairmen must dominate the group’s agenda or ac- Mr. LOTT. Mr. President, I am recommend travel in writing. Their letter tions. Establishing a group with equal should indicate the dates, locations, and a pleased to sponsor this resolution to numbers of Democrats and Republicans detailed purpose of the trip, and the trip extend the authorities of the Senate was also intended to signify that the must correspond to the mission of the Work- National Security Working Group Senate believes the issues that come ing Group. Pursuant to S. Res. 75 Sec. 2(d), through December 31, 2002. before this group are too important to written authorization of both the Majority The Senate National Security Work- and Minority Leaders is required. Members ing Group is a bipartisan Group, estab- be discussed in a partisan setting. and Staff from both sides must be invited on lished almost two years ago by myself These were the objectives the Senate all trips in sufficient time to be able to plan and the Democratic Leader, that seeks had in mind when it unanimously ap- for attendance. Travel should be arranged to shed further light on important na- proved the legislation authorizing the and conducted as a bipartisan delegation in order to minimize administrative and Host tional security topics of interest to the formation of this important group. They remain the objectives today. Al- confusion. Senate and the American people. Such 5. It is the intent of the Working Group topics include, but are not limited to: though the group worked together rel- that Members participate personally in the ballistic missile defenses, arms control, atively well in the year since it was es- role of observer at negotiating sessions (not- export controls, and weapons of mass tablished, a number of us believe it ing that neither Members nor staff are direct destruction. could work a little bit better if we for- participants in any negotiating sessions). During the 106th Congress, the Work- mally spelled out some simple rules of Therefore, in keeping with past practice and ing Group held numerous important the road to govern the group’s routine precedent, staff-only trips are expected to be the exception, not the rule. If staff-only for- briefings on topics of concern to the activities. Therefore, at the same time we re-authorize the NSWG, I would eign travel is determined to be necessary be- members of the Group and the Senate. cause no Working Group Member is able to Senior Executive branch officials from also like to insert for the record a se- participate, the Member requesting the trav- the Departments of Defense and State ries of administrative procedures that el must provide detailed justification to the and other U.S. Government agencies clearly spell out how the group should Working Group for such a request and the re- appeared before the Group to describe conduct its business. As put forward in quest should go through the foreign travel the status of and rationale for on-going these procedures, the group’s adminis- approval process outlined above. trative co-chairmen must recommend (a) When the Working Group opts to send diplomatic discussions and formal and staff only, staff shall be limited to no more informal negotiations on various issues travel in writing to the Majority and Minority leaders and both leaders must than three for the Majority and three for the and to answer questions from Repub- Minority. Nothing in the foregoing is to be lican and Democratic Senators about approve the travel request in writing. construed as limiting the number of des- those discussions and negotiations. They encourage member participation ignated Working Group staff that can travel I am certain the Administration and indicate that staff travel should be on a Member-led official delegation. Also in would agree with my assessment that the exception not the rule. keeping with past precedent, staff missions the give-and-take in those meetings It is my understanding that these may be briefed by either the head of the ne- procedures have been agreed by both gotiation delegation or by his designee. served a useful purpose. (b) In the event either Leader is unable to In addition, I am pleased to report leaders and the majority and minority participate in a NSWG authorized trip, that that members of the Group and staff co-chairmen of the NSWG. I believe Leader may designate a Senator who is not were able to travel overseas, as part of their adoption will help meet the ob- a Working Group member to travel in his or their official responsibilities, to wit- jectives we all hold for this unique and her place. ness first-hand on-going diplomatic important group. 6. Each trip must be followed by an unclas- discussions and negotiations involving I ask unanimous consent they be sified Memorandum to the Members, and, if necessary, a classified annex thereto, that printed in the RECORD. the United States, Russia, and other outlines the itinerary, briefers, and topics nations, and to visit certain foreign There being no objection, the mate- covered in briefings. The memorandum also capitols for intensive discussions with rial was ordered to be printed in the must be provided for the official file in the foreign diplomatic and military leaders RECORD, as follows: Office of Senate Security.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.059 pfrm01 PsN: S27PT1 S11274 CONGRESSIONAL RECORD — SENATE October 27, 2000 7. Reimbursements to eligible Members for mittee be discharged from the fol- parcel of land comprising approximately 24.3 staff expenses require the signature of both lowing bills and the Senate proceed, en acres, located within the Lake Tahoe Basin Administrative Co-Chairmen and require no- bloc, to their consideration: Management Unit north of Skunk Harbor, tification of designated staff by letter to the S. 2751 from the Energy Committee Nevada, and more particularly described as Senate Financial Clerk and to both Adminis- Mount Diablo Meridian, T15N, R18E, section trative Co-Chairmen. Vouchers for des- and H.R. 4312. 27, lot 3. ignated Majority staff shall be administered The PRESIDING OFFICER. The (d) EASEMENT.— by the Majority Administrative Co-Chair- clerk will state the bills by title. (1) IN GENERAL.—The conveyance under man or his designee; vouchers for designated The legislative clerk read as follows: subsection (c) shall be made subject to res- Minority staff shall be administered by the A bill (S. 2751) to direct the Secretary of ervation to the United States of a nonexclu- Minority Administrative Co-Chairman or his Agriculture to convey certain land in the sive easement for public and administrative designee. Records shall be maintained by Lake Tahoe Basin Management Unit. access over Forest Development Road #15N67 each Administrative Co-Chairman. to National Forest System land. Mr. HATCH. Mr. President, I ask A bill (H.R. 4312) to direct the Secretary of the Interior to conduct a study of the suit- (2) ACCESS BY INDIVIDUALS WITH DISABIL- unanimous consent that the resolution ability and feasibility of establishing an ITIES.—The Secretary shall provide a recip- be agreed to and the motion to recon- Upper Housatonic Valley National Heritage rocal easement to the Tribe permitting ve- sider be laid upon the table. Area in the State of Connecticut and the hicular access to the parcel over Forest De- The PRESIDING OFFICER. Without Commonwealth of Massachusetts, and for velopment Road #15N67 to— objection, it is so ordered. other purposes. (A) members of the Tribe for administra- tive and safety purposes; and The resolution (S. Res. 383) was There being no objection, the Senate agreed to, as follows: (B) members of the Tribe who, due to age, proceeded to consider the bills. infirmity, or disability, would have dif- S. RES. 383 AMENDMENT NO. 4350 TO S. 2751 ficulty accessing the conveyed parcel on Resolved, That Senate Resolution 105 of the foot. One Hundred First Congress, agreed to April Mr. HATCH. Mr. President, I send an (e) USE OF LAND.— 13, 1989, as amended by Senate Resolution 75 amendment to the desk and ask for its (1) IN GENERAL.—In using the parcel con- of the One Hundred Sixth Congress, agreed immediate consideration. veyed under subsection (c), the Tribe and to March 25, 1999, is further amended by add- The PRESIDING OFFICER. The members of the Tribe— ing at the end the following new section: clerk will report. ‘‘SEC. 4. The provisions of this resolution (A) shall limit the use of the parcel to tra- shall remain in effect until December 31, The legislative clerk read as follows: ditional and customary uses and stewardship 2002.’’. The Senator from Utah [Mr. HATCH], for conservation for the benefit of the Tribe; (B) shall not permit any permanent resi- f Mr. MURKOWSKI, proposes an amendment numbered 4350. dential or recreational development on, or ESTABLISHING THE LAS CIENEGAS The amendment reads as follows: commercial use of, the parcel (including NATIONAL CONSERVATION AREA commercial development, tourist accom- Strike all after the enacting clause and in- IN ARIZONA modations, gaming, sale of timber, or min- sert the following: eral extraction); and SECTION 1. SHORT TITLE. (C) shall comply with environmental re- DESIGNATING CERTAIN NATIONAL This Act may be cited as the ‘‘Washoe In- quirements that are no less protective than FOREST SYSTEM LANDS AS WIL- dian Tribe Land Conveyance Act of 2000’’. environmental requirements that apply SEC. 2. WASHOE TRIBE LAND CONVEYANCE. under the Regional Plan of the Tahoe Re- DERNESS AREAS IN THE STATE gional Planning Agency. OF VIRGINIA (a) FINDINGS.—Congress finds that— (1) the ancestral homeland of the Washoe (2) REVERSION.—If the Secretary of the In- Mr. HATCH. Mr. President, I ask Tribe of Nevada and California (referred to terior, after notice to the Tribe and an op- unanimous consent that the Senate in this section as the ‘‘Tribe’’) included an portunity for a hearing, based on monitoring proceed, en bloc, to the following bills: area of approximately 5,000 square miles in of use of the parcel by the Tribe, makes a H.R. 2941, H.R. 4646. and around Lake Tahoe, California and Ne- finding that the Tribe has used or permitted the use of the parcel in violation of para- The PRESIDING OFFICER. The vada, and Lake Tahoe was the heart of the territory; graph (1) and the Tribe fails to take correc- clerk will state the bills by title. tive or remedial action directed by the Sec- The legislative clerk read as follows: (2) in 1997, Federal, State, and local gov- ernments, together with many private land- retary of the Interior, title to the parcel A bill (H.R. 2941) to establish the Las holders, recognized the Washoe people as in- shall revert to the Secretary of Agriculture. Cienegas National Conservation Area in the digenous people of Lake Tahoe Basin State of Arizona. Mr. HATCH. Mr. President, I ask through a series of meetings convened by A bill (H.R. 4646) to designate certain Na- unanimous consent the amendment, those governments at 2 locations in Lake tional Forest System lands within the No. 4350, to S. 2751 be agreed to, the boundaries of the State of Virginia as wilder- Tahoe; bills be read the third time and passed, ness areas, and for other purposes. (3) the meetings were held to address pro- tection of the extraordinary natural, rec- the motions to reconsider be laid upon There being no objection, the Senate reational, and ecological resources in the the table, and that any statements re- proceeded to consider the bills. Lake Tahoe region; lating to the bills be printed in the Mr. HATCH. Mr. President, I ask (4) the resulting multiagency agreement RECORD, with the above occurring en unanimous consent that the bills be includes objectives that support the tradi- bloc. read the third time and passed, the mo- tional and customary uses of Forest Service The amendment (No. 4350) was agreed tions to reconsider be laid upon the land by the Tribe; and to. table, and that any statements relating (5) those objectives include the provision of The bills (H.R. 4312 and S. 2751, as to the bills be printed in the RECORD, access by members of the Tribe to the shore of Lake Tahoe in order to reestablish tradi- amended) were read the third time and with the above occurring en bloc. passed, en bloc. The bills (H.R. 2941 and H.R. 4646) tional and customary cultural practices. (b) PURPOSES.—The purposes of this section The bill (S. 2751), as amended, reads were read the third time and passed, en are— as follows: bloc. (1) to implement the joint local, State, S. 2751 f tribal, and Federal objective of returning the Be it enacted by the Senate and House of Rep- Tribe to Lake Tahoe; and resentatives of the United States of America in DIRECTING THE SECRETARY OF (2) to ensure that members of the Tribe Congress assembled, AGRICULTURE TO CONVEY CER- have the opportunity to engage in tradi- TAIN LAND IN NEVADA tional and customary cultural practices on SECTION. 1. SHORT TITLE. the shore of Lake Tahoe to meet the needs of This Act may be cited as the ‘‘Washoe In- spiritual renewal, land stewardship, Washoe dian Tribe Land Conveyance Act of 2000’’. DIRECTING THE SECRETARY OF horticulture and ethnobotony, subsistence SEC. 2. WASHOE TRIBE LAND CONVEYANCE. THE INTERIOR TO CONDUCT A gathering, traditional learning, and reunifi- (a) FINDINGS.—Congress finds that— STUDY REGARDING AN UPPER cation of tribal and family bonds. (1) the ancestral homeland of the Washoe HOUSATONIC VALLEY NATIONAL (c) CONVEYANCE.—Subject to valid existing Tribe of Nevada and California (referred to HERITAGE AREA IN CON- rights and subject to the easement reserved in this section as the ‘‘Tribe’’) included an NECTICUT AND MASSACHUSETTS under subsection (d), the Secretary of Agri- area of approximately 5,000 square miles in culture shall convey to the Secretary of the and around Lake Tahoe, California and Ne- Mr. HATCH. Mr. President, I ask Interior, in trust for the Tribe, for no consid- vada, and Lake Tahoe was the heart of the unanimous consent the Energy Com- eration, all right, title, and interest in the territory;

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.066 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11275 (2) in 1997, Federal, State, and local gov- retary of the Interior, title to the parcel tected as a place of relatively undevel- ernments, together with many private land- shall revert to the Secretary of Agriculture. oped natural beauty, and that does in- holders, recognized the Washoe people as in- f volve limitations on minerals develop- digenous people of Lake Tahoe Basin ment but not a reinterpretation by the through a series of meetings convened by GULF ISLANDS NATIONAL those governments at 2 locations in Lake SEASHORE BOUNDARIES Park Service of the ownership of these Tahoe; mineral rights. These rights are impor- (3) the meetings were held to address pro- tant to Mississippi and may offer our tection of the extraordinary natural, rec- ENVIRONMENTAL RESTORATION State in the future much needed in- reational, and ecological resources in the AROUND LAKE TAHOE BASIN come to address education, health care Lake Tahoe region; and other priorities for our citizens. (4) the resulting multiagency agreement Mr. HATCH. Mr. President, I ask includes objectives that support the tradi- unanimous consent the Energy Com- Mr. LOTT. Mr. President, the bill as tional and customary uses of Forest Service mittee be discharged from the fol- introduced included language which land by the Tribe; and lowing bill, and the Senate proceed en would have allowed the State of Mis- (5) those objectives include the provision of bloc to its consideration and the con- sissippi to maintain the State’s rights access by members of the Tribe to the shore in or to any oil, gas, or other minerals of Lake Tahoe in order to reestablish tradi- sideration of the following bill at the desk: S. 2638 from the Energy Com- through this acquisition. After further tional and customary cultural practices. review of this legislation and the deed (b) PURPOSES.—The purposes of this section mittee and H.R. 3388. are— The PRESIDING OFFICER. Without and related documents, our inclusion of (1) to implement the joint local, State, objection, it is so ordered. the mineral rights provision was un- tribal, and Federal objective of returning the The clerk will report the bills by necessary, as the language was merely Tribe to Lake Tahoe; and title. redundant with respect to the deed of (2) to ensure that members of the Tribe 1972. It is our understanding that the have the opportunity to engage in tradi- The assistant legislative clerk read as follows: deed clearly reserves the State of Mis- tional and customary cultural practices on sissippi’s mineral rights with respect A bill (S. 2638) to adjust the boundaries of the shore of Lake Tahoe to meet the needs of to the Gulf Islands National Seashore, spiritual renewal, land stewardship, Washoe the Gulf Islands National Seashore to in- horticulture and ethnobotony, subsistence clude Cat Island, Mississippi. and that no additional legislative lan- gathering, traditional learning, and reunifi- A bill (H.R. 3388) to promote environ- guage on mineral rights is required in cation of tribal and family bonds. mental restoration around the Lake Tahoe the Cat Island legislation, because the (c) CONVEYANCE.—Subject to valid existing Basin. State has made no conveyance with re- rights and subject to the easement reserved There being no objection, the Senate spect to Cat Island. Does the Chairman under subsection (d), the Secretary of Agri- of the Energy and Natural Resources culture shall convey to the Secretary of the proceeded to consider the bills, en bloc. Interior, in trust for the Tribe, for no consid- MINERAL RIGHTS Committee agree? eration, all right, title, and interest in the Mr. COCHRAN. Mr. President, I Mr. MURKOWSKI. Yes, Mr. Presi- parcel of land comprising approximately 24.3 thank Chairman MURKOWSKI, Senator dent, I agree. This legislation does not acres, located within the Lake Tahoe Basin CRAIG THOMAS, and the members of the overturn the State of Mississippi’s res- Management Unit north of Skunk Harbor, Energy and Natural Resources Com- ervation of its mineral rights. The deed Nevada, and more particularly described as asserts ownership, and this legislation Mount Diablo Meridian, T15N, R18E, section mittee for reporting out and helping 27, lot 3. Senator Lott and me secure passage of does nothing to discredit such deed. (d) EASEMENT.— Senate Bill 2638, the Cat Island author- I thank Senator COCHRAN and Sen- (1) IN GENERAL.—The conveyance under ization legislation. When Senator Lott ator LOTT for their sponsorship of this subsection (c) shall be made subject to res- and I introduced the legislation earlier legislation that will preserve Cat Is- ervation to the United States of a nonexclu- this year, we sought to preserve the land and add the last piece of the Mis- sive easement for public and administrative access over Forest Development Road #15N67 beautiful, natural treasure of Cat Is- sissippi Sound Barrier Islands to the to National Forest System land. land, Mississippi, and complete the vi- Gulf Islands National Seashore. It is an (2) ACCESS BY INDIVIDUALS WITH DISABIL- sion of the Gulf Islands National Sea- important addition and one that will ITIES.—The Secretary shall provide a recip- shore begun nearly 30 years ago. The be treasured for years to come. rocal easement to the Tribe permitting ve- passage of this legislation begins this AMENDMENT NO. 4351 TO S. 2638 hicular access to the parcel over Forest De- process by authorizing the National Mr. HATCH. Mr. President, I send an velopment Road #15N67 to— Park Service to acquire the island and amendment to the desk. (A) members of the Tribe for administra- save it for future generations. tive and safety purposes; and Mr. LOTT. Mr. President, in our leg- The PRESIDING OFFICER. The (B) members of the Tribe who, due to age, clerk will report. infirmity, or disability, would have dif- islation, we also sought, at the request ficulty accessing the conveyed parcel on of our Mississippi State officials, to The legislative clerk read as follows: foot. clarify the State of Mississippi’s own- The Senator from Utah [Mr. HATCH] for Mr. (e) USE OF LAND.— ership in the mineral rights underlying MURKOWSKI, for himself and Mr. BINGAMAN, (1) IN GENERAL.—In using the parcel con- the Gulf Islands National Seashore. proposes an amendment numbered 4351. veyed under subsection (c), the Tribe and Mississippi conveyed much of the sur- members of the Tribe— (The text of the amendment is print- (A) shall limit the use of the parcel to tra- face property to create the Seashore in ed in today’s RECORD under ‘‘Amend- ditional and customary uses and stewardship 1972. Until recently, the National Park ments Submitted.’’) conservation for the benefit of the Tribe; Service has conceded ownership of Mr. HATCH. Mr. President, I ask (B) shall not permit any permanent resi- these subsurface rights to Mississippi, unanimous consent that amendment dential or recreational development on, or as is reflected in the State’s author- No. 4351 to S. 2638 be agreed to, the commercial use of, the parcel (including izing legislation in 1971 and the subse- commercial development, tourist accom- bills be read a third time and passed, quent deed signed by the Governor and the motions to reconsider be laid upon modations, gaming, sale of timber, or min- other Mississippi State officials. A eral extraction); and the table, and that any statements re- (C) shall comply with environmental re- copy of such deed is entered into the lating to the bills be printed in the record with this statement. The only quirements that are no less protective than RECORD with the above occurring en environmental requirements that apply limitation on these rights was to be bloc. under the Regional Plan of the Tahoe Re- the way in which any future develop- The PRESIDING OFFICER. Without gional Planning Agency. ment of them occurred, so that the sur- objection, it is so ordered. (2) REVERSION.—If the Secretary of the In- face of the Seashore property would terior, after notice to the Tribe and an op- not be used for extraction of the min- The amendment (No. 4351) was agreed portunity for a hearing, based on monitoring erals. to. of use of the parcel by the Tribe, makes a The bill (S. 2638), as amended, was finding that the Tribe has used or permitted Mr. COCHRAN. Mr. President, our the use of the parcel in violation of para- State officials, and we today, acknowl- read the third time and passed. graph (1) and the Tribe fails to take correc- edge that the Gulf Islands National The bill (H.R. 3388) was read the third tive or remedial action directed by the Sec- Seashore should be preserved and pro- time and passed.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.060 pfrm01 PsN: S27PT1 S11276 CONGRESSIONAL RECORD — SENATE October 27, 2000 SIX-HUNDRED MILE RESOURCE The legislative clerk read as follows: (3) in the Cameron County, Texas irriga- STUDY OF GEORGE WASHINGTON The Senator from Utah (Mr. HATCH) for Mr. tion District #2 canal rehabilitation and pumping plant replacement as identified as ROUTE MURKOWSKI proposes an amendment num- bered 4352. Job Number 48–05540–002 in a report by Turn- Strike all after the enacting clause and in- er Collie & Braden, Inc. dated August 12, sert: 1998, and ALEXANDER HAMILTON HOME (4) in the Harlingen Irrigation District LOCATION SECTION 1. SHORT TITLE. Cameron #1 Irrigation District a project of This Act may be cited as the ‘‘Lower Rio meter installation and canal lining as identi- Mr. HATCH. Mr. President, I ask Grande Valley Water Resources Conserva- unanimous consent that the Senate fied in a proposal submitted to the Texas tion and Improvement Act of 2000’’. Water Development Board dated April 28, proceed to consider the following bills SEC. 2. DEFINITIONS. 2000. en bloc: H.R. 4794 and H.R. 5478. In this Act: (d) PROJECT ELIGIBILITY.—Within six The PRESIDING OFFICER. Without (1) STATE.—The term ‘‘State’’ means the months after the date of enactment of this objection, it is so ordered. Texas Water Development Board and any Act, the Secretary, in consultation with the The clerk will report the bills by other authorized entity of the State of State, shall develop criteria for determining title. Texas. eligible projects under this Act. Such cri- teria shall include, but need not be limited The assistant legislative clerk read (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting to the following requirements: as follows: through the Commissioner. (1) the project plan includes an engineer’s A bill (H.R. 4794) to require the Secretary (3) COMMISSIONER.—The term ‘‘Commis- estimate of the amount of water to be con- of the Interior to complete a resource study sioner’’ means the Commissioner of the Bu- served; of the 600-mile route used by George Wash- reau of Reclamation. (2) the design for the project includes a cost of project to water saved ratio; and ington during the American Revolutionary (4) COUNTIES.—The term ‘‘counties’’ means (3) there is a cost sharing agreement in War. the counties in the state of Texas in the Rio place between all relevant parties delin- A bill (H.R. 5478) to authorize the Sec- Grande Regional Water Planning Area eating the proportionate share of costs to be retary of the Interior to acquire by donation known as Region ‘‘M’’ as designated by the suitable land to serve as the new location for paid on an annual basis. Texas Water Development Board and the Within one year of the date a project is the home of Alexander Hamilton. counties of Hudspeth and El Paso, Texas. submitted to the Secretary for approval, the There being no objection, the Senate SEC. 3. FINDINGS. Secretary shall determine whether the proceeded to consider the bills en bloc. The Congress finds the following: project meets the criteria established pursu- Mr. HATCH. Mr. President, I ask (a) Drought conditions over the last decade ant to this section. unanimous consent that the bills be have made citizens of the Lower Rio Grande SEC. 5. COST SHARING. Valley region of Texas aware of the signifi- read a third time and passed, the mo- The non-Federal share of the costs of any cant impacts a dwindling water supply can activity carried out under, or with assist- tions to reconsider be laid upon the have on a region. ance provided under, this Act shall be 50 per- table, and that any statements relating (b) As a result of the impacts, that region cent. Not more than 40 percent of the costs to the bills be printed in the RECORD, has devised an integral water resource plan of such an activity may be paid by the State with the above occurring en bloc. to meet the critical water needs of the Lower and the remainder of the non-Federal share The PRESIDING OFFICER. Without Rio Grande Valley through the end of the may include in-kind contributions of goods objection, it is so ordered. year 2050. and services, and funds previously spent on The bills (H.R. 4794 and H.R. 5478) (c) Implementation of an integrated water feasibility and engineering studies. resource plan to meet the critical water were read the third time and passed. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. needs of the Lower Rio Grande Valley is in There are authorized to be appropriated to f the national interest. the Secretary to carry out this Act such USE OF SOLANO PROJECT FACILI- (d) The Congress should authorize and pro- sums as may be necessary; but not to exceed vide Federal technical and financial assist- $7,500,000 for the purposes of section 4(c). TIES FOR NON-PROJECT WATER ance to construct improved irrigation canal Mr. HATCH. Mr. President, I ask delivery systems to help meet the critical unanimous consent that the amend- water needs of the Lower Rio Grande Valley ment numbered 4352 to S. 1761 be LOWER RIO GRANDE VALLEY through the end of the year 2050. WATER SUPPLIES agreed to, the bills be read a third time SEC. 4. LOWER RIO GRANDE WATER CONSERVA- and passed, the motions to reconsider Mr. HATCH. Mr. President, I ask TION AND IMPROVEMENT PROGRAM. be laid upon the table, and that any (a) The Secretary is authorized to under- unanimous consent that the Energy statements relating to the bills be Committee be discharged from the fol- take a program to improve the supply of water for the counties as provided in this printed in the RECORD, with the above lowing bill and the Senate proceed to Act. occurring en bloc. its consideration and the consideration (b) In cooperation with the State, water The PRESIDING OFFICER. Without of the following bill on the calendar: S. users in the counties, and other non-Federal objection, it is so ordered. 1761 from the Energy Committee; Cal- entities, the Secretary shall conduct feasi- The amendment (No. 4352) was agreed endar No. 855, H.R. 1235. bility studies for the purpose of conserving to. The PRESIDING OFFICER. Without and transporting raw water, including the The bill (S. 1761), as amended, was objection, it is so ordered. following: read the third time and passed. (1) Irrigation canals; The bill (H.R. 1235) was passed. The clerk will report the bills by (2) Pipelines; f title. (3) Flow control structures; The assistant legislative clerk read (4) Meters; and BEND PINE NURSERY LAND as follows: (5) All associated appurtenances. CONVEYANCE ACT A bill (S. 1761) to direct the Secretary of (c) If the Secretary determines that the the Interior, through the Bureau of Reclama- following projects satisfy the eligibility cri- tion, to conserve and enhance water supplies teria in subsection (d)(1)–(3), the Secretary, FISHERIES RESTORATION AND IR- of the Lower Rio Grande Valley. in cooperation with the State, water users in the counties, and other non-Federal entities, RIGATION MITIGATION ACT OF A bill (H.R. 1235) to authorize the Sec- 2000 retary of the Interior to enter into contracts is authorized to conduct engineering work, with the Solano County Water Agency, Cali- infrastructure construction and improve- Mr. HATCH. I ask unanimous consent fornia, to use Solano Project facilities for ments for the purpose of conserving and that the Chair lay before the Senate impounding, storage, and carriage of non- transporting raw water through the fol- messages from the House with respect project water for domestic, municipal, indus- lowing projects: to S. 1936 and H.R. 1444. trial, and other beneficial purposes. (1) in the Hidalgo County, Texas Irrigation The PRESIDING OFFICER. Without District #1, a pipeline project identified in There being no objection, the Senate the Melden & Hunt, Inc. engineering study objection, it is so ordered. proceeded to consider the bills, en bloc. dated July 6, 2000 as the Curry Main Pipeline There being no objection, the Pre- siding Officer (Mr. BENNETT) laid before AMENDMENT NO. 4352 TO S. 1761 Project; (2) in the Cameron County, Texas La Feria the Senate the following messages Mr. HATCH. Mr. President, I send an Irrigation District #3, a distribution system from the House of Representatives: amendment to the desk. improvement project identified by the 1993 Resolved, That the bill from the Senate (S. The PRESIDING OFFICER. The engineering study by Sigler, Winston, Green- 1936) entitled ‘‘An Act to authorize the Sec- clerk will report. wood and Associates, Inc.; retary of Agriculture to sell or exchange all

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.141 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11277

or part of certain administrative sites and (f) REVOCATIONS.— (b) GOALS.—The goals of the Program are— other National Forest System land in the (1) IN GENERAL.—Any public land order with- (1) to decrease fish mortality associated with State of Oregon and use the proceeds derived drawing land described in subsection (a) from the withdrawal of water for irrigation and other from the sale or exchange for National For- all forms of appropriation under the public land purposes without impairing the continued with- est System purposes’’, do pass with the fol- laws is revoked with respect to any portion of drawal of water for those purposes; and lowing amendment: the land conveyed by the Secretary under this (2) to decrease the incidence of juvenile and Strike out all after the enacting clause and section. adult fish entering water supply systems. insert: (2) EFFECTIVE DATE.—The effective date of (c) IMPACTS ON FISHERIES.— SECTION 1. SHORT TITLE. any revocation under paragraph (1) shall be the (1) IN GENERAL.—Under the Program, the Sec- This Act may be cited as the ‘‘Bend Pine date of the patent or deed conveying the land. retary, in consultation with the heads of other Nursery Land Conveyance Act’’. SEC. 4. DISPOSITION OF FUNDS. appropriate agencies, shall develop and imple- (a) DEPOSIT OF PROCEEDS.—The Secretary SEC. 2. DEFINITIONS. ment projects to mitigate impacts to fisheries re- In this Act: shall deposit the proceeds of a sale or exchange sulting from the construction and operation of under section 3(a) in the fund established under (1) SECRETARY.—The term ‘‘Secretary’’ means water diversions by local governmental entities the Secretary of Agriculture. Public Law 90–171 (16 U.S.C. 484a) (commonly (including soil and water conservation districts) (2) STATE.—The term ‘‘State’’ means the State known as the ‘‘Sisk Act’’). in the Pacific Ocean drainage area. (b) USE OF PROCEEDS.—Funds deposited of Oregon. (2) TYPES OF PROJECTS.—Projects eligible under subsection (a) shall be available to the under the Program may include— SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE Secretary, without further Act of appropriation, SITES. (A) the development, improvement, or installa- for— (a) IN GENERAL.—The Secretary may, under tion of— (1) the acquisition, construction, or improve- such terms and conditions as the Secretary may (i) fish screens; ment of administrative and visitor facilities and prescribe, sell or exchange any or all right, title, (ii) fish passage devices; and associated land in connection with the and interest of the United States in and to the (iii) other related features agreed to by non- Deschutes National Forest; Federal interests, relevant Federal and tribal following National Forest System land and im- (2) the construction of a bunkhouse facility in provements: agencies, and affected States; and the Umatilla National Forest; and (B) inventories by the States on the need and (1) Tract A, Bend Pine Nursery, comprising (3) to the extent the funds are not necessary priority for projects described in clauses (i) approximately 210 acres, as depicted on site plan to carry out paragraphs (1) and (2), the acquisi- through (iii). map entitled ‘‘Bend Pine Nursery Administra- tion of land and interests in land in the State. (3) PRIORITY.—The Secretary shall give pri- tive Site, May 13, 1999’’. (c) ADMINISTRATION.—Subject to valid existing ority to any project that has a total cost of less (2) Tract B, the Federal Government owned rights, the Secretary shall manage any land ac- than $5,000,000. structures located at Shelter Cove Resort, quired by purchase or exchange under this Act Deschutes National Forest, buildings only, as in accordance with the Act of March 1, 1911 (16 SEC. 4. PARTICIPATION IN THE PROGRAM. depicted on site plan map entitled ‘‘Shelter Cove U.S.C. 480 et seq.) (commonly known as the (a) NON-FEDERAL.— Resort, November 3, 1997’’. ‘‘Weeks Act’’) and other laws (including regula- (1) IN GENERAL.—Non-Federal participation in (3) Tract C, portions of isolated parcels of Na- tions) pertaining to the National Forest System. the Program shall be voluntary. EDERAL ACTION tional Forest Land located in Township 20 SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE (2) F .—The Secretary shall south, Range 10 East section 25 and Township FACILITIES. take no action that would result in any non- 20 South, Range 11 East sections 8, 9, 16, 17, 20, The Secretary may acquire, construct, or im- Federal entity being held financially responsible and 21 consisting of approximately 1,260 acres, prove administrative facilities and associated for any action under the Program, unless the as depicted on map entitled ‘‘Deschutes Na- land in connection with the Deschutes National entity applies to participate in the Program. tional Forest Isolated Parcels, January 1, 2000’’. Forest System by using— (b) FEDERAL.—Development and implementa- (4) Tract D, Alsea Administrative Site, con- (1) funds made available under section 4(b); tion of projects under the Program on land or sisting of approximately 24 acres, as depicted on and facilities owned by the United States shall be site plan map entitled ‘‘Alsea Administrative (2) to the extent the funds are insufficient to nonreimbursable Federal expenditures. Site, May 14, 1999’’. carry out the acquisition, construction, or im- SEC. 5. EVALUATION AND PRIORITIZATION OF (5) Tract F, Springdale Administrative Site, provement, funds subsequently made available PROJECTS. consisting of approximately 3.6 acres, as de- for the acquisition, construction, or improve- Evaluation and prioritization of projects for picted on site plan map entitled ‘‘Site Develop- ment. development under the Program shall be con- ment Plan, Columbia Gorge Ranger Station, SEC. 6. AUTHORIZATION OF APPROPRIATION. ducted on the basis of— April 22, 1964’’. There are authorized to be appropriated such (1) benefits to fish species native to the project (6) Tract G, Dale Administrative Site, con- sums as are necessary to carry out this Act. area, particularly to species that are listed as sisting of approximately 37 acres, as depicted on being, or considered by Federal or State authori- site plan map entitled ‘‘Dale Compound, Feb- Resolved, That the House agree to the ties to be, endangered, threatened, or sensitive; ruary 1999’’. amendments of the Senate to the bill (H.R. (2) the size and type of water diversion; (7) Tract H, Crescent Butte Site, consisting of 1444) entitled ‘‘An Act to authorize the Sec- (3) the availability of other funding sources; approximately .8 acres, as depicted on site plan retary of the Interior to plan, design, and (4) cost effectiveness; and map entitled ‘‘Crescent Butte Communication construct fish screens, fish passage devices, (5) additional opportunities for biological or Site, January 1, 2000’’. and related features to mitigate adverse im- water delivery system benefits. (b) CONSIDERATION.—Consideration for a sale pacts associated with irrigation system SEC. 6. ELIGIBILITY REQUIREMENTS. or exchange of land under subsection (a) may water diversions by local governmental enti- (a) IN GENERAL.—A project carried out under include the acquisition of land, existing im- ties in the States of Oregon, Washington, the Program shall not be eligible for funding un- provements, or improvements constructed to the Montana, Idaho, and California’’, with the less— specifications of the Secretary. following House amendments to Senate (1) the project meets the requirements of the (c) APPLICABLE LAW.—Except as otherwise amendments: provided in this Act, any sale or exchange of In lieu of the matter proposed to be in- Secretary, as applicable, and any applicable National Forest System land under subsection serted by the amendment of the Senate, in- State requirements; and (a) shall be subject to the laws (including regu- sert the following: (2) the project is agreed to by all Federal and non-Federal entities with authority and respon- lations) applicable to the conveyance and acqui- SECTION 1. SHORT TITLE. sition of land for the National Forest System. This Act may be cited as the ‘‘Fisheries Res- sibility for the project. (b) DETERMINATION OF ELIGIBILITY.—In deter- (d) CASH EQUALIZATION.—Notwithstanding toration and Irrigation Mitigation Act of 2000’’. mining the eligibility of a project under this Act, any other provision of law, the Secretary may SEC. 2. DEFINITIONS. accept a cash equalization payment in excess of In this Act: the Secretary shall— 25 percent of the value of land exchanged under (1) PACIFIC OCEAN DRAINAGE AREA.—The term (1) consult with other Federal, State, tribal, subsection (a). ‘‘Pacific Ocean drainage area’’ means the area and local agencies; and (e) SOLICITATIONS OF OFFERS.— comprised of portions of the States of Oregon, (2) make maximum use of all available data. (1) IN GENERAL.—Subject to paragraph (3), the Washington, Montana, and Idaho from which SEC. 7. COST SHARING. Secretary may solicit offers for sale or exchange water drains into the Pacific Ocean. (a) NON-FEDERAL SHARE.—The non-Federal of land under this section on such terms and (2) PROGRAM.—The term ‘‘Program’’ means share of the cost of development and implemen- conditions as the Secretary may prescribe. the Fisheries Restoration and Irrigation Mitiga- tation of any project under the Program on land (2) REJECTION OF OFFERS.—The Secretary may tion Program established by section 3(a). or at a facility that is not owned by the United reject any offer made under this section if the (3) SECRETARY.—The term ‘‘Secretary’’ means States shall be 35 percent. Secretary determines that the offer is not ade- the Secretary of the Interior, acting through the (b) NON-FEDERAL CONTRIBUTIONS.—The non- quate or not in the public interest. Director of the United States Fish and Wildlife Federal participants in any project under the (3) RIGHT OF FIRST REFUSAL.—The Bend Service. Program on land or at a facility that is not Metro Park and Recreation District in SEC. 3. ESTABLISHMENT OF THE PROGRAM. owned by the United States shall provide all Deschutes County, Oregon, shall be given the (a) ESTABLISHMENT.—There is established the land, easements, rights-of-way, dredged mate- right of first refusal to purchase the Bend Pine Fisheries Restoration and Irrigation Mitigation rial disposal areas, and relocations necessary Nursery described in subsection (a)(1). Program within the Department of the Interior. for the project.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 6333 E:\CR\FM\A27OC6.064 pfrm01 PsN: S27PT1 S11278 CONGRESSIONAL RECORD — SENATE October 27, 2000 (c) CREDIT FOR CONTRIBUTIONS.—The value of The clerk will report the bill by title. judicial duties under section 178(d) of this title land, easements, rights-of-way, dredged mate- The legislative clerk read as follows: during the period of continued eligibility for en- rial disposal areas, and relocations provided rollment, as described in subparagraph (B)(ii) or A bill (S. 2789) to amend the Congressional under subsection (b) for a project shall be cred- (C)(ii) (whichever applies). Award Act to establish a Congressional Rec- ited toward the non-Federal share of the costs ‘‘(B) Except as provided in subparagraph ognition for Excellence in Arts Education of the project. (C)— Board. (d) ADDITIONAL COSTS.— ‘‘(i) in order to be eligible for continued en- (1) NON-FEDERAL RESPONSIBILITIES.—The non- There being no objection, the Senate rollment under this paragraph, notification Federal participants in any project carried out proceeded to consider the bill. under subparagraph (A) shall be made before the first day of the open enrollment period pre- under the Program on land or at a facility that AMENDMENT NO. 4353 is not owned by the United States shall be re- ceding the calendar year referred to in clause sponsible for all costs associated with operating, Mr. HATCH. Senator COCHRAN has an (ii)(II); and maintaining, repairing, rehabilitating, and re- amendment at the desk, and I ask for ‘‘(ii) if such notification is timely made, the placing the project. its consideration. retired judge shall be eligible for continued en- (2) FEDERAL RESPONSIBILITY.—The Federal The PRESIDING OFFICER. The rollment under this paragraph for the period— Government shall be responsible for costs re- clerk will report. ‘‘(I) beginning on the date on which eligibility would otherwise cease, and ferred to in paragraph (1) for projects carried The legislative clerk read as follows: out on Federal land or at a Federal facility. ‘‘(II) ending on the last day of the calendar The Senator from Utah [Mr. HATCH], for year next beginning after the end of the open SEC. 8. LIMITATION ON ELIGIBILITY FOR FUND- Mr. COCHRAN, proposes an amendment num- enrollment period referred to in clause (i). ING. bered 4353. ‘‘(C) For purposes of applying this paragraph A project that receives funds under this Act for the first time in the case of any particular shall be ineligible to receive Federal funds from (The amendment is printed in today’s judge— any other source for the same purpose. RECORD under ‘‘Amendments Sub- ‘‘(i) subparagraph (B)(i) shall be applied by SEC. 9. REPORT. mitted.’’) substituting ‘the expiration of the term of office On the expiration of the third fiscal year for Mr. HATCH. I ask unanimous consent of the judge’ for the matter following ‘before’; which amounts are made available to carry out that the amendment be agreed to, the and this Act, the Secretary shall submit to Congress bill be read the third time and passed, ‘‘(ii)(I) if the term of office of such judge ex- a report describing— the motion to reconsider be laid upon pires before the first day of the open enrollment (1) the projects that have been completed period referred to in subparagraph (B)(i), the under this Act; the table, and any statements relating period of continued eligibility for enrollment (2) the projects that will be completed with to the bill be printed in the RECORD. shall be as described in subparagraph (B)(ii); amounts made available under this Act during The PRESIDING OFFICER. Without but the remaining fiscal years for which amounts objection, it is so ordered. ‘‘(II) if the term of office of such judge expires are authorized to be appropriated under section The amendment (No. 4353) was agreed on or after the first day of the open enrollment 10; and to. period referred to in subparagraph (B)(i), the (3) recommended changes to the Program as a The bill (S. 2789), as amended, was period of continued eligibility shall not end result of projects that have been carried out until the last day of the calendar year next be- under this Act. read the third time and passed. ginning after the end of the next full open en- SEC. 10. AUTHORIZATION OF APPROPRIATIONS. f rollment period beginning after the date on (a) IN GENERAL.—There is authorized to be FEDERAL COURTS IMPROVEMENT which the term expires. appropriated to carry out this Act $25,000,000 for ‘‘(2) In the event that a retired judge remains each of fiscal years 2001 through 2005. ACT OF 2000 enrolled under chapter 89 of title 5 for a period (b) LIMITATIONS.— Mr. HATCH. I ask unanimous consent of 5 consecutive years by virtue of paragraph (1) (1) SINGLE STATE.— that the Chair lay before the Senate a (taking into account only periods of coverage as (A) IN GENERAL.—Except as provided in sub- message from the House to accompany an active judge immediately before retirement paragraph (B), not more than 25 percent of the S. 2915. and as a retired judge pursuant to paragraph total amount of funds made available under this (1)), then, effective as of the day following the section may be used for 1 or more projects in any There being no objection, the Pre- last day of that 5-year period— single State. siding Officer (Mr. BENNETT) laid before ‘‘(A) the provisions of chapter 89 of title 5 (B) WAIVER.—On notification to Congress, the the Senate the following message from shall be applied as if such judge had satisfied Secretary may waive the limitation under sub- the House of Representatives: the requirements of section 8905(b)(1) on the last paragraph (A) if a State is unable to use the en- Resolved, That the bill from the Senate (S. day of such period; and tire amount of funding made available to the ‘‘(B) the provisions of paragraph (1) shall 2915) entitled ‘‘An Act to make improve- State under this Act. cease to apply. ments in the operation and administration of (2) ADMINISTRATIVE EXPENSES.—Not more ‘‘(3) For purposes of this subsection, the term the Federal courts, and for other purposes’’, than 6 percent of the funds authorized under ‘open enrollment period’ refers to a period de- do pass with the following amendments: this section for any fiscal year may be used for scribed in section 8905(g)(1) of title 5. Strike section 103, and redesignate the re- Federal administrative expenses of carrying out Page 26, line 23, strike ø6301(2)(xiii)¿ and maining sections and table of contents ac- this Act. insert: 6301(2)(B)(xiii) Amend the title so as to read ‘‘An Act to cordingly. Page 29, beginning on line 8, strike ø(1) in ø ¿ authorize the Secretary of the Interior to es- Page 9, line 22, strike subsection; or and subparagraph (A),¿ and all that follows tablish a program to plan, design, and con- insert: subsection, or through øfirst’’.¿ on line 24, and insert: ø ¿ struct fish screens, fish passage devices, and Page 10, line 6, strike subsection; and in- (1) in subparagraph (A), in the matter fol- related features to mitigate impacts on fish- sert: subsection, lowing clause (ii), by striking ‘‘or October 1, ø ¿ eries associated with irrigation system water Page 10, line 9, strike judge; or and in- 2002, whichever occurs first,’’; and diversions by local governmental entities in sert: judge, or (2) in subparagraph (F)— ø (A) in clause (i)— the Pacific Ocean drainage of the States of Page 25, beginning on line 21, strike ‘‘(b) ¿ (i) in subclause (II), by striking ‘‘or October 1, Oregon, Washington, Montana, and Idaho.’’. For purposes of constructing and all that ø ¿ 2002, whichever occurs first’’; and Mr. HATCH. I ask consent that the follows through date of retirement. on page 26, line 6, and insert: (ii) in the matter following subclause (II)— Senate agree to the amendments of the ‘‘(b)(1)(A) For purposes of construing and ap- (I) by striking ‘‘October 1, 2003, or’’; and (II) by striking ‘‘, whichever occurs first’’; House for each bill, en bloc. plying chapter 89 of title 5, a judge of the and The PRESIDING OFFICER. Without United States Court of Federal Claims who— objection, it is so ordered. (B) in clause (ii), in the matter following sub- ‘‘(i) is retired under subsection (b) of section clause (II)— f 178 of this title, and (i) by striking ‘‘October 1, 2003, or’’; and ‘‘(ii) at the time of becoming such a retired (ii) by striking ‘‘, whichever occurs first’’. CONGRESSIONAL RECOGNITION judge— Mr. HATCH. I ask unanimous consent FOR EXCELLENCE IN ARTS EDU- ‘‘(I) was enrolled in a health benefits plan that the Senate agree to the amend- CATION ACT under chapter 89 of title 5, but ments of the House. Mr. HATCH. I ask unanimous consent ‘‘(II) did not satisfy the requirements of sec- tion 8905(b)(1) of title 5 (relating to eligibility to The PRESIDING OFFICER. Without that the Governmental Affairs Com- continue enrollment as an annuitant), objection, it is so ordered. mittee be discharged from further con- shall be deemed to be an annuitant meeting the f sideration of S. 2789, and the Senate requirements of section 8905(b)(1) of title 5, in then proceed to its immediate consid- ORDERS FOR SATURDAY, OCTOBER accordance with the succeeding provisions of 28, 2000 eration. this paragraph, if the judge gives timely written The PRESIDING OFFICER. Without notification to the chief judge of the court that Mr. HATCH. I ask unanimous consent objection, it is so ordered. the judge is willing to be called upon to perform that when the Senate completes its

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.074 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11279 business today, it recess until the hour the tax bill in order to avoid a huge se- surance and poor health status. It is of 9:30 a.m. on Saturday, October 29. I quester the OMB would order, since the most unfortunate that, if we are going further ask consent that on Saturday, cost of the tax bill, if it became law, to do targeted tax cuts, we do not do immediately following the prayer, the would come from the projected budget those targeted tax cuts in a way that Journal of proceedings be approved to surplus rather than the required off- increases our confidence, that as a con- date, the time for the two leaders be sets. sequence of what we are doing we will reserved for their use later in the day, I understand why it is being done. I decrease the number of people in our and the Senate then proceed to a vote understand we cannot do it any other States who currently are out there on the continuing resolution, as under way. But that is why we should not do without any health insurance whatso- a previous order. it. All the way through the 1990s when ever. The PRESIDING OFFICER. Without we had this PAYGO provision in there, I yield the floor. objection, it is so ordered. we were able to maintain our fiscal dis- Mr. BENNETT. Mr. President, would the Senator from West Virginia allow f cipline in spite of great pressure to do the contrary. Whether it was tax cuts me to have 3 minutes to comment on PROGRAM or spending increases that were being the remarks of the Senator from Ne- braska? Mr. HATCH. For the information of proposed, we could maintain that dis- cipline because every time we brought Mr. BYRD. Yes, I will be glad to. all Senators, the Senate will vote on The PRESIDING OFFICER (Mr. AL- the continuing resolution at 9:30 a.m. an amendment down here to the floor that spent more money or cut some- LARD). The Senator from Utah. tomorrow. Further, the Senate will f convene on Sunday at 4 p.m., for those body’s taxes, we had to have an offset. Senators who want to make state- That is the PAYGO provision. And we A TRIBUTE TO SENATOR KERREY ments, and we will vote on another are going to throw it out the window, Mr. BENNETT. Mr. President, I have continuing resolution at 7 p.m. it seems to me, and we are going to been remiss in not taking the floor to As a reminder, votes on continuing abandon a principle that has enabled us pay tribute to the Senator from Ne- resolutions will be necessary each day not just to balance our budget but to braska for his service here. The presen- prior to adjournment. The appropria- help produce the growth in our econ- tation we have had, although I disagree tions negotiations are ongoing, and it omy by keeping the pressure off pri- in some detail with some of the aspects is hoped that the Senate can adjourn vate sector borrowing that we were of it, demonstrates how much we will by early next week. competing with all the way through miss him. The Senator from Nebraska the 1980s. has been a key figure in the group that f We are now paying down debt. I note has been known variably around here Government treasuries are becoming of ORDER FOR ADJOURNMENT as the Centrist Coalition, or Chafee- more and more value as they become Mr. HATCH. If there is no further Breaux, or the group that tries to get less and less available, and because business to come before the Senate, I together across partisan lines and work people are sensing the economy is now ask that the Senate stand in re- things out. growing a bit flat. But there is no pres- cess under the previous order following As I sat in the chair and listened to sure. It kept pressure off the Federal the remarks of Senator BYRD, Senator the Senator from Nebraska, I realized Reserve which kept interest rates low, REID of Nevada, Senator REED of Rhode if he and I could sit down in a room, be- grew our economy, and produced many Island, and Senator GRAHAM of Florida. tween the two of us—and not have the of the jobs for which we all take credit. Mr. KERREY. Mr. President, reserv- White House there, and not have the So this is a substantial change in the ing the right to object, do I still have leadership there of either House—we way we have conducted business pre- time on my 30 minutes? could arrive at a conclusion that I viously. think he would be satisfied with, I The PRESIDING OFFICER. The Sen- The second point I want to make, in would be satisfied with, and I think ator from Nebraska still has 3 minutes spite of what the Governor of Texas 7 seconds. would be good for the country. has been saying about not targeting I think that comes from the fact that Mr. HATCH. I modify my unanimous tax provisions, that is what this bill consent request to reflect that time. he has a business background and I does. It targets tax provisions. Indeed, have a business background. In busi- Mr. KERREY. That will be enough. of the 119 targeted tax provisions—I The PRESIDING OFFICER. Without ness, you are not as interested in ide- note this amends the 1986 Tax Sim- ology as you are in getting the thing objection, it is so ordered. The Senator plification Act. I think it is the twen- from Nebraska is recognized. solved. tieth or thirtieth time we have done So I atone for my past failure and f that since 1986 and the principal spon- say publicly that this body will miss sor of it, I note with great amusement, THE BUDGET the Senator from Nebraska. This par- is Congressman ARMEY, who is also the ticular Senator considers him not only Mr. KERREY. Mr. President, con- No. 1 advocate for tax simplification a good friend but a wise legislator, and tinuing what I was talking about ear- and the flat tax. But of the 119 targeted I think the country has been well lier, I would like to point out I am not tax provisions in this tax bill, only one served as a result of his willingness to sure all my colleagues understand. But of the provisions is included in the give these two terms to the Senate. I in this tax bill that we are going to Bush tax proposal. wish him well in whatever endeavor he take up tomorrow and next week, it This is us saying, I think appro- undertakes in the future. has one key provision. Again, this was priately, that we are going to try to I say to the Senator from Nebraska, done with House and Senate leadership target the taxes. The last thing I would if he should decide to seek the Presi- getting together and trying to figure say, I reiterate—I am sure our col- dency once again, I would cheer for the out what was put in. It is tucked away leagues have seen and know the num- Democratic Party to choose him as at the very end. It is a provision not bers in your own State about the num- their nominee. I may not vote for him, listed in any summary list by the bill’s ber of people who do not have health but I would feel more reassured if he backers. insurance for all kinds of reasons. were the alternative on the other side. The provision calls for the abandon- Mr. President, 94 percent of the tax Mr. KERREY. I thank the Senator ment of the pay-as-you-go budget dis- benefits in the health insurance cat- very much. cipline which, since its initial adoption egory go to subsidize people who al- The PRESIDING OFFICER. The Sen- in 1990, has required all tax cuts and ready have insurance. Only 6 percent ator from West Virginia. spending increases be offset with other attempts to do what I think America f tax increases or entitlement spending has done at its finest, and that is to try cuts. This provision would order the to push the circle of opportunity out THE COMMERCE-JUSTICE-STATE Office of Management and Budget to further and further. BILL set the PAYGO scorecard to zero in- There is no doubt today there is a Mr. BYRD. Mr. President, earlier stead of reflecting the actual cost of correlation between lack of health in- today I voted for the conference report

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.146 pfrm01 PsN: S27PT1 S11280 CONGRESSIONAL RECORD — SENATE October 27, 2000 on the Commerce-Justice-State bill, I realize that my views are at odds I can compliment equally all of the which was included with the D.C. ap- with a number of my colleagues, and I members of the Appropriations Com- propriations bill. Both those bills were respect their position. I respect their mittee in this respect—the Republicans in the same conference report. I voted viewpoints, and I would be very happy who chaired the subcommittees and in favor of those measures. But the to debate the merits of new immigra- the Democrats who were the ranking CJS measure was, in actuality, a seri- tion legislation with them at the prop- members. They all worked together, as ously flawed piece of legislation with a er time and on the proper vehicle. This they always do. There is no partisan- number of problems attendant to it. was not the proper time, and this con- ship when it comes to the Appropria- The first problem that I had with it ference report was not the proper vehi- tions Committee. Republicans and was that it was a conference report, cle. Neither the Latino and Immigrant Democrats work together and politics and thus it was not subject to amend- Fairness Act nor the Legal Immigra- is off the table. That was the case when ment. The underlying appropriations tion Family Equity Act has been con- I was chairman of that committee, and bills went straight from the Senate Ap- sidered by the Senate Judiciary Com- that has been the case since when propriations Committee to the con- mittee, which has jurisdiction over im- former Senator Hatfield was chairman ference committee, totally bypassing migration issues. No hearings have and now Senator TED STEVENS of Alas- the Senate floor. The full Senate was been held. No report has been issued by ka. Senator STEVENS and I resisted afforded no opportunity to debate or the Committee so that other senators mightily the sledgehammer approach amend these two appropriations bills. can better understand the implication that was used to bring this and other These are not the first appropriations of these bills. No full scale debate has appropriations conference reports to bills to be herded through Congress in been aired. the floor. Senator GREGG and Senator this fashion this year, but that fact The Commerce-Justice-State con- HOLLINGS, the chairman and ranking does not make the practice any less ob- ference report could not be amended. It member of the Commerce-Justice- jectionable. It is a simple case of cut- was a take-it-or-leave-it-package. Con- ting corners in the name of political State Subcommittee, labored dili- troversial immigration legislation that gently to complete work on their bill expediency, a practice in which the the Senate refused to consider once United States Senate should not en- and bring it to the floor under its own this year as an amendment to an immi- steam. No, the problem with this con- gage. gration bill should not be resurrected Second, the Commerce, Justice, ference report is not the fault of the under any guise as a legislative rider State bill includes a controversial im- Committee but is the result of a break- migration rider, the Legal Immigra- on an unamendable appropriations con- down in the legislative system that has tion Family Equity Act, a scaled down ference report. seeped—seeped—through the appropria- Finally, I am concerned with execu- spinoff of the Latino and Immigrant tions process this year. The appropria- tive branch meddling on this con- Fairness Act. The Senate dealt with tions bills are the victims of this ference report. The President has said this issue last month during consider- breakdown, not the cause of it. he will veto the conference report be- ation of the H–1B visa bill, when it re- It does not have to be this way, and cause the immigration rider does not fused to consider the Latino and Immi- it should not be this way. The Senate grant Fairness Act. I opposed sus- go far enough. He wants the broader is fully capable of doing its work in an pending the rules to allow that meas- Latino and Immigrant Fairness legisla- orderly and disciplined manner, capa- ure to be offered as an amendment to tion on this appropriations bill. This is ble of drafting, debating, and passing 13 the H–1B visa bill because I believe the same President who has been com- individual appropriations bills, and of that such legislation sends the wrong plaining bitterly about legislative rid- completing a separate legislative agen- message to those who might consider ers on other appropriations bills. This da. entering this country illegally. I be- is the same President who vetoed the Sadly, that is not to be the case this lieved then, as I believe today, that Energy and Water appropriations con- year. Congress is limping slowly to- granting amnesty to aliens who are in ference report because it contained an ward a long overdue adjournment, leav- this country illegally simply encour- environmental rider to which he ob- ing behind a trail of unfinished busi- ages others to enter the country ille- jected. This is the same President who ness and the wreckage of the appro- gally. berated Congress for including legisla- priations process. Mr. President, I hope Although the Legal Immigration tive riders along with supplemental this sorry spectacle will never be re- Family Equity Act would grant am- funding provisions attached to the peated. I hope that the clean slate of a nesty to a smaller group of illegal Military Construction appropriations new Congress will bring a fresh per- aliens, it creates the same problems as bill. This is a President who has made spective to next year’s appropriations the Latino and Immigrant Fairness it clear time and again that he objects process. I hope and I pray that next Act by rewarding illegal aliens for to legislative riders on appropriations year will be different. breaking U.S. law. It should make no bill, and yet he has vowed to veto this Mr. President, I thank the distin- difference whether we grant amnesty conference report because the legisla- guished minority whip, Mr. REID, for to one million illegal aliens or only a tive rider it contains does not go far his never-failing attendance to the handful of that number. The principle enough to suit him. business of the Senate. is the same. Amnesty for illegal immi- Mr. President, the Senate has a re- The Bible says: ‘‘Seest now a man gration sends the wrong message, pe- sponsibility to complete its work—not diligent in his business? He will stand riod. Worse, these bills are an affront avoid its work or compromise its work, before kings.’’ Senator REID is always to those immigrants who have played but complete its work. This conference diligent in his business. I appreciate by the rules, often waiting many years report is an example of how not to his arranging for me to have this time. before being allowed to settle here le- complete the Senate’s business. The He is thoroughly dependable and al- gally. Commerce-Justice-State bill funds ways courteous and considerate to me I am opposed to the sending of these many vitally important programs, and and to all other Senators. I commend mixed signals by Congress. It is coun- that is why I voted for it. It is a bill him for it. The people of his State have terproductive for the United States to that can and should stand on its own every right to be proud of him as their vigorously protect its long and porous merits. It should not be hamstrung by senior Senator. And we on our side of borders from illegal aliens—at great legislative riders or election year poli- the aisle have every right to be proud expense to the taxpayers, I might add— tics. of him as the minority whip. while at the same time granting am- Mr. President, the problems that I Mr. REID. If I could say to my friend, nesty to selected groups of those aliens have cited with this conference report before he leaves the floor, I just came who manage to cross the border unde- are not a reflection on the Senate Ap- from the studio where I did a little TV tected or otherwise enter the country propriations Committee. Chairman thing because we are now not going to under false pretenses. The Senate TED STEVENS has done yeoman’s work be able to be in Nevada next week. Sen- should not endorse an immigration pol- this year to shield the appropriations ator BRYAN and I joined together to icy that rewards aliens who violate the process from both the Democratic and name a hospital for the most decorated law. Republican political agendas. soldier from Nevada who served in

VerDate 27-OCT-2000 04:57 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.149 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11281 World War II, a man by the name of Mr. BYRD. Yes. I believe it was Sep- feel strongly about this. They have Jack Streeter, who is alive. tember, in 1927, when Babe Ruth beat been ignored, just as we have over here. It is amazing, as I went through this his own former record of 59 home runs. We have received the support of the ad- American hero’s record—seven Silver In 1927, he swatted 60 home runs. ministration to help us in crafting leg- Stars, two Bronze Stars, five Purple Mr. REID. Senator BYRD, I can re- islation that would protect what we be- Hearts—now, I know that the Senator member, as if it were yesterday, you lieve is a basic tenet of American jus- from West Virginia, his medals have asked me one weekend— tice. not been on the field of battle in Ger- Mr. BYRD. I believe that was Sep- They have decided to ignore our bill many like my friend Jack Streeter, but tember 30, 1927. And I believe it was on and those who support it, and have de- I was thinking, as the Senator was the 22nd of September 1927 that Jack cided to include their own immigration talking to me—I am the minority whip. Dempsey and Gene Tunney fought a bill. The President has had no choice Of course, this is one of the lesser posi- fight in which—we who lived in the but to do this drastic maneuvering tions the Senator from West Virginia coalfields hoped Jack Dempsey would measure. We have tried, time and time has held. win back his title, but he did not win it again, to bring this bill to the floor, The Senator from West Virginia has back. That was the occasion of the and it is always met by the other side’s been whip, majority leader, minority ‘‘long count.’’ intransigence. leader more than once, and in addition It was in May of that year that Lind- We have a simple goal: One of fair- to that, the honor that most people bergh flew across the ocean in the Spir- ness. We want one set of rules for all would feel they had fulfilled their ca- it of St. Louis. Sometimes he was 10 feet refugees and immigrants. And we offer reer with, of being chairman of the Ap- above the water; sometimes he was a clear plan to correct serious flaws in propriations Committee. 10,000 feet above the water. And his our immigration code. Meanwhile, the So I say to my friend publicly, as I plane had a load, which I remember, of majority is trying to cloud the issues, have said privately, what an honor it is about 500 pounds. He carried five sand- distort our bill, and create an intricate to be able to serve with one of the leg- wiches, and ate one-half of a sandwich. maze that helps very few. ends, in his own time, of the Senate: I remember reading in the New York The current system is unworkable ROBERT BYRD. There are not many Sen- Times about that historic flight. He and unfair. Out plan aims to correct ators that you think of as being so said he flew over, I believe, what was flaws in the current unworkable and bi- closely connected with the Senate as Newfoundland, at the great speed of 100 ased immigration rules. For instance: ROBERT BYRD. We have the Calhouns miles per hour—at a great speed, 1927. There is one set of rules for Cubans and we have a few people whose names Mr. REID. Senator BYRD, I do not and Nicaraguan refugees who fled left- come to our mind, but ROBERT BYRD is want to put you on the spot here, but wing dictatorships; and another, far someone, when the history books are I can remember returning from one of stricter set of rules for refugees from written, will always be mentioned as my trips in Nevada, and we had a con- Central America, the Caribbean, and one of the all-time leaders of the con- versation. You asked me what I had Liberia who fled other dictatorships; gressional process. What a great honor done, and I said, I hadn’t read a par- Because Congress failed to renew it is to be able to serve with the Sen- ticular book in 25 years. And I picked Section 245(i), families who have a ator from West Virginia. up the book ‘‘Robinson Crusoe’’ to read right to be together here in the U.S. Mr. BYRD. Mr. President, Mark about Robinson Crusoe. You said to are being torn apart, sometimes for up Twain said he could live for 2 weeks on me: I know how long he was on that is- to 10 years; They are forced to leave a good compliment. The compliment land. I just read the book, and you told their families and can’t come back for that the distinguished Senator from me. And I had to go home and check to 10 years. They haven’t done anything Nevada, Mr. REID, has just paid me can see if you were right, and you were illegal. help me to survive for quite a long right, to the day. Because of past Congressional action time. I shall not forget it. His words Mr. BYRD. I believe that was 28 and bureaucratic bungling, some people are a bit embellished, but I am deeply years, 2 months, and 19 days. who were eligible for a legalization appreciative of what he has said. Mr. REID. Yes. I have not forgotten program enacted in 1986 are now U.S. I appreciate it very much. I thank that. citizens; while others are facing depor- him again for his good work every day Mr. BYRD. I believe that is right. tation. on the floor of the Senate. Having been Mr. REID. I went home and checked, Democrats want a simple set of fair whip, I know when we have a good one. and I will do it again. I am confident rules that make sense and clean up the And Senator REID is here, looking after you are right. immigration code. the Senate’s business, and always very Mr. BYRD. All right. I thank the We want to establish legal parity be- attendant upon our every need. I am Senator. tween Central American, Liberian and ready to vote for him again any time. Mr. REID addressed the Chair. Caribbean refugees so that all refugees He does not have to look me up and The PRESIDING OFFICER. The Sen- who fled political turmoil in the 1990s find out if I am still for him. ator from Nevada. are treated the same. Mr. President, I thank the Senator. f We want to renew 245(i). This provi- Mr. REID. Just one last comment sion, which has allowed all family while we are throwing compliments THE LATINO IMMIGRANT AND members of U.S. citizens and legal per- around this late Friday afternoon. FAIRNESS ACT manent residents to adjust their status I can remember when I went and Mr. REID. Mr. President, my good while in the U.S., has been allowed to spoke to Senator BYRD, and he indi- friend from West Virginia talked about expired. Our proposal would renew it cated he would support me 2 years ago his opposition to the provision in the and allow all immigrants who have a for this job. And I wrote him a letter. bill dealing with Latino immigrant legal right to become permanent resi- I can very clearly remember writing it. fairness. He and I have had a number of dents to apply for their green cards in It took a little time in thinking of conversations about that. I, of course, the U.S. and remain here with their what I wanted to say. In that letter I respect his views as were just laid out families while they wait for a decision. said that as far as I was concerned he here, his feelings on that piece of legis- The registry date would allow all per- was the Babe Ruth of the Senate. I lation. sons who came to the U.S. before 1986 don’t know if you remember that let- Briefly, I would just say about this to be eligible to adjust their status. ter, but that is what I said. legislation that the Republicans have This provision has been regularly up- Mr. BYRD. Yes, I remember that let- chosen to ignore what we felt is some- dated since enactment in 1929 but has ter. thing that is very important. We have not been updated since 1972. Mr. REID. With Babe Ruth, you al- tried to have hearings. We have tried Republicans now agree that Congress ways think of the best baseball player. to do legislation on this. Simply, we should help some immigrants, but their And when you think of ROBERT BYRD, were ignored. proposal provides no relief on parity, you think of the best player in the Sen- We, of course, have met with our little on 245(i), and even less on the ate. Thank you. counterparts in the House. And they registry date.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.152 pfrm01 PsN: S27PT1 S11282 CONGRESSIONAL RECORD — SENATE October 27, 2000 When you read the fine print, their ment other than saying I was quoting The GOP nominee claims his tax measure immigration proposals don’t fix what is direct, verbatim statements made by principally will help the working poor and broken in our immigration code. Gov. George Bush. middle-class Americans. The rich, he says, Instead, the majority wants to con- I am not going to go through the 20- will get a smaller percentage than they cur- tinue to pick and choose between im- ″ rently do, and the tax plan comfortably fits odd pages of ‘‘Bushisms or whatever with projected budget surpluses and his So- migrants and which countries they you want to call them. I am going to cial Security plans. should come from—rewarding some, de- talk about a few that obviously got the None of that is true. nying others, with no just cause. attention of my friend from Idaho. Instead of making the case that a huge tax We want a simple, fair, family unifi- Florence, SC, January 11, 2,000: cut is necessary to reward the productive cation policy. That’s what we’re pro- Rarely is the question asked: Is our chil- elements of society who will make the in- posing. That’s what we’ll fight for. dren learning? vestments that ultimately benefit everyone, That’s what Congress must do before Mr. Bush misrepresents the size and shape of New York Times, October 23: his proposal. He suggests that after setting we adjourn. The important question is, How many The main reason I came to the floor aside half of the 10-year surplus for Social hands have I shaked? Security, he will divide the rest between tax today is to respond to my friend from Concord, NH, January 29: cuts and initiatives in areas like education, Idaho who came to the floor to talk health care and defense. In truth, he pro- Will the highways on the Internet become about some of the things the Vice poses over $1.3 trillion in tax cuts and less more few? President said that were exaggerations, than $500 billion for those other initiatives, according to him. I would like to com- Nashua, NH: not including $196 billion of unspecified re- ment on some of the statements he I know how hard it is for you to put food ductions in discretionary spending. made. This is a difficult game. The on your family. The biggest whopper: game is that these men go around giv- New York Daily News, February 19: The Bush claim that his tax cut not only ing a lot of statements, Bush and GORE. I understand small business growth. I was doesn’t reward the rich but actually makes And they should be held to the same one. them pay more is really phony. standard. What is that standard? Lis- LaCrosse, WI, October 18, a few days The article goes on to say: ten to everything they say. ago: The Republican nominee has been unspar- Now, we know from an October 23 Families is where our nation finds hope, ing in his criticism of the Clinton-Gore ad- Washington Post in a column written where wings take dream. ministration’s defense spending, claiming by Michael Kinsley entitled ‘‘The Em- Same day, WI: more needs to be done on pay, readiness and peror’s New Brain’’ that: Drug therapies are replacing a lot of medi- missile defense. Yet over the decade, the George W. Bush’s handling of the stupidity cines as we used to know it. Gore budget envisions spending $55 million issue has been nothing short of brilliant. A more than Mr. Bush proposes. Why? The Saginaw, MI, September 29, a few Texan can’t afford it, given his tax cuts. Martian watching the last presidential de- weeks ago: bate might have concluded that this man The press has tripped all over itself to would be well-advised not to put quite so I know the human being and fish can coex- praise Mr. Bush for suggesting a ‘‘solution’’ much emphasis on mental testing. ist peacefully. to long-term Social Security with partial Redwood, CA, September 27: privatization. Yet unlike the serious Social This has been raised by the Senator Security proposals—such as Senators Pat from Idaho, and I am happy to respond. I will have a foreign-handed foreign policy. Moynihan and Bob Kerrey—Mr. Bush insists The same article says: On the Oprah show: he can do this without any cuts in Social Se- But if George W. Bush isn’t a moron, he is I am a person who recognizes the fallacy of curity benefits. a man of impressive intellectual dishonesty humans. Of course, Mr. President, that is indi- and/or confusion. His utterances frequently cated in the study by the actuaries as make no sense on their own terms. His pol- As I said, I have talked about some of icy recommendations are often internally in- the things he has said. I haven’t in any absolutely impossible; it can’t be done. consistent and mutually contradictory. way changed a single word, a single And ‘‘In His Own Words’’ in the New He further states: paragraph, a single spelling. I just York Thursday, October 26, 2000, there were remarks out of Sanford, Florida, When he repeatedly attacks his opponents quoted directly. This is a man who is for ‘‘partisanship,’’ does he get the joke? running for President of the United where George W. Bush said: When he blames the absence of a federal pa- States. I think it is something we need They’re trying to say, you know, old tients’ rights law on ‘‘a lot of bickering in to consider, especially in light of the George W. is going to take away your check. Washington, D.C.,’’ has he noticed that the fact that on Wednesday, the Rand com- But I’m going to set aside $2.4 trillion of So- bickering consists of his own party which mission came out with a study. The cial Security surplus. controls Congress, blocking the legislation? Rand commission is bipartisan. They On October 17, in the debate, here is When he summarizes, ‘‘It’s kind of like a po- are widely respected. They are inde- what he said: litical issue as opposed to a people issue,’’ does he mean to suggest anything in par- pendent. Basically what they said is . . . And one of my promises is going to be ticular? Perhaps that politicians, when act- that all the claims that Governor Bush Social Security reform. And you bet we need ing politically, ignore the wishes of the peo- has made about education in Texas, to take a trillion dollar—a trillion dollars ple? how it has improved, simply are false, out of that $2.4 trillion surplus. In the debate, he declared, ‘‘I don’t want to not true. Then we have the next day, Well, he heads to Florida and then in- use food as a diplomatic weapon from this on Thursday, the Actuary Commission creases it by $1.4 trillion. With all due point forward. We shouldn’t be using food. It came out and said that if you took into respect, I am not sure that the good hurts the farmers. It’s not the right thing to consideration all of the things that Governor understands. According to do.’’ When, just a few days later, he criti- people who have studied the issue, he cized legislation weakening the trade embar- Governor Bush wanted to do with So- go on Cuba—which covers food along with cial Security and taxes, it would, in ef- doesn’t. You can’t do both. You can’t everything else—had he rethought his philos- fect, bankrupt the country. cut Social Security and think that ophy on the issue? Or was there nothing to I think we have to recognize that those moneys that are set aside to pay rethink. Governor Bush is talking about some benefits can also be taken out to put The article ends by saying: real big whoppers, if the Senator from into privatization. It won’t work. In short, does George W. Bush mean what Idaho wants to talk about whoppers. My friend from Idaho said today that he says, or does he understand it? The an- In fact, the Wall Street Journal, one of the things that AL GORE is con- swer can’t be both. And is both too much to which is deemed by some to be the sidered to be untruthful about is his ask for? newspaper of the Republican Party, statement that he was involved in the My friend from Idaho talked about had in a news story, dated October 12 of authorship of the book that was made some things that AL GORE had said the year 2000, a headline saying ‘‘The into a great movie by Erich Segal over the years. We will talk about Biggest Whopper: The Bush Tax Cut.’’ called Love Story. He is saying it is those in a minute. He said he was here Among other things, the article says: simply untrue that AL GORE had any- because of some of the statements I Writing before last night’s debate, the win- thing to do with that. But understand made. I didn’t make any statements. I ner for the biggest exaggeration is easy: that the author of the book, who I came here without any editorial com- George W. Bush and his tax cut. think should have some foundation to

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A27OC6.080 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11283 speak about the book he wrote, says bers work? Or does he understand and not Will the highways on the Internet become that his protagonist, Oliver Barret IV— care? more few? the man in Love Story—was partly Kinsley further says: I know how hard it is for you to put food on your family. based on Mr. GORE. Now, that is a fact. When he repeatedly attacks his opponent Rarely is the question asked: Is our chil- Erich Segal, the author, said that his for ‘‘partisanship,’’ does he get the joke? dren learning? protagonist in the book Love Story, When he blames the absence of a federal pa- The important question is, how many Oliver Barret IV, was based on ALBERT tients’ rights law on ‘‘a lot of bickering in hands have I shaked? GORE. So what my friend from Idaho Washington, DC,’’ has he noticed that the These are statements made by the said, and what others have said, cannot bickering consists of his own party, which controls Congress, blocking the legislation? Governor of the State of Texas. contradict what the author of the book Anytime anyone wants to come and has said. Also, if we are talking about people talk to me about the statements made Talking about exaggerations and who misstate things, let’s really put a by the Governor of the State of Texas, misstatements, look at the Seattle magnifying glass on some of the things I am happy to do it. I didn’t make Post-Intelligencer on October 4 of this that the Governor has said. In last them up. I am quoting them directly. year. Byline, Paul Krugman. He says: week’s debate, GORE described his own The PRESIDING OFFICER. The Sen- education plan, but Bush said that the I really, truly wasn’t planning to write any ator from Rhode Island is recognized. more columns about George W. Bush’s arith- ‘‘three’’ men convicted in the murder Mr. REED. Mr. President, thank you metic. But his performance on ‘‘Moneyline’’ of James Byrd, a black man dragged to very much. last Wednesday was just mind-blowing. I had his death from his pickup truck, will f to download a transcript to convince myself receive the death penalty. That is not that I had really heard him correctly. quite true. One faces life imprison- MEDICARE BALANCED BUDGET It was as if Bush aides had prepared him ment. Bush took credit for expanding a REFINEMENT PROPOSAL with a memo saying: ‘‘You’ve said some child’s health insurance program in Mr. REED. Mr. President, I want to things on the stump that weren’t true. Your Texas. He took credit in the debate for mission, in the few minutes you have, is to first commend my colleague, friend, repeat all those things. Don’t speak in gener- working with the Democrats to get a Senator REID from Nevada, for not only alities—give specific false numbers. That’ll Patients’ Bill of Rights. He vetoed his statement but his leadership in this show them.’’ that. And then he says we have a provi- body to try to move the process along. First, Bush talked about the budget— sion to allow lawsuits. He didn’t sign Unfortunately, we have reached an im- ‘‘There’s about $4.6 trillion of surplus pro- that. passe. jected,’’ he declared, which is true, even if Mr. President, we hear a lot about We have sent to the President an ap- the projections are dubious. He went on to how the Vice President has been in- propriations bill for the Commerce- say: ‘‘I want some of the money, nearly a volved in the Russian situation. And he trillion, to go to projects like prescription State-Justice Departments which will drugs for seniors. Money to strengthen the has. He has done a good deal to work be vetoed because of glaring defi- military to keep the peace. I’ve got some out differences between the two na- ciencies in that bill. views about education around the world. I tions—the former Soviet Union and We are holding in abeyance for the want to—you know, I’ve got some money in now Russia. The Vice President has moment a conference report which not there for the environment.’’ had extensive experience working on only deals with Medicare readjust- Figure that one out, if you can. that. One of the people he worked with ments because of the Balanced Budget Mr. President, further in the New was Prime Minister Chernomyrdin, Act of 1997, but also contains provi- York Times of October 11, a man by the who he didn’t pick, the Russian govern- sions dealing with assisted suicide—a name of Paul Krugman writes a col- ment picked him. In this debate—we hodgepodge of issues, all of which will, umn, and the heading is: ‘‘A Retire- all heard it—and I will get the cita- once again, elicit a Presidential veto. ment Fable; No Fuzzy Numbers Need- tions from the Washington Post, byline Let me just speak for a moment ed.’’ by Howard Kurtz and others. He said: about this pending bill, although in Among other things, he says: Money from the International Monetary some respects it defies description. It Mr. Bush has made an important political Funded wound up in the pocket of former is more of an accumulation of different discovery. Really big misstatements, it turns Russian Prime Minister Viktor ideas thrown together to get out of out, cannot be effectively challenged, be- Chernomyrdin. Chernomyrdin has been town. But part of it deals with Medi- cause voters can’t believe that a man who linked to corruption. care and balanced budget refinement seems so likable would do that sort of thing. Experts say there is no proof he re- proposals. In last week’s debate Mr. Bush again de- ceived any IMF money. All of us in this body for the last sev- clared that he plans to spend a quarter of the Further, Bush said that our European eral years have been pointing out some surplus on popular new programs, even friends would put troops on the ground though his own budget shows he plans to of the consequences—many of then un- spend less than half that much. . . .And he in the Balkans, where the bulk of the intended—of the Balanced Budget Act insists that he has a plan to save Social Se- peacekeeping forces are in Bosnia and of 1997 with respect to Medicare reim- curity, when his actual proposal, as it Kosovo. Bush also cited Haiti as exam- bursement in an effort to make sure stands, would bankrupt the system. ple of a country from which the U.S. that our health care system continues Michael Kinsley, in the Washington should withdraw its troops, when in to be vibrant and continues to be sus- Post, on the 24th, a couple days ago, fact all but 100 troops have left. tainable. And we are resolved to try to says, among other things, referring to Mr. President, the Senator from address these issues and in a bipartisan Bush: Idaho said he will be back Monday way. His utterances frequently make no sense in afternoon. I am happy to visit with But we have found ourselves with a their own terms. His policy recommenda- him on the statements that the Gov- very partisan approach—an approach tions are often internally inconsistent and ernor of the State of Texas has made. I that has not included any of my Demo- mutually contradictory. Because it’s harder didn’t make them, he made them. I cratic colleagues on the Finance Com- to explain and prove, intellectual dishonesty simply came to the Senate floor to dis- mittee, and has included no real par- doesn’t get the attention that petty fibbing cuss with the American people what he ticipation by the Democrats in this does, even though intellectual dishonesty in- has said: body at all with respect to issues that dicts both a candidate’s character and his policy positions. All politicians. . .get away I am a person who recognizes the fallacy of are of concern to all of us which should with more of it than they should. But George humans. be dealt with on a bipartisan basis. W. gets away with an extraordinary amount Drug therapies are replacing a lot of medi- As a result, we are faced with legisla- of it. cines as we used to know it. tion that comes to us which is terribly I know the human being and fish can coex- He continues to say. distorted and terribly slanted, and ist peacefully. which will not deal with the real crisis . . .he’ll get the trillion dollars needed for I will have a foreign-handed foreign policy. his partial privatization ‘‘out of the sur- Families is where our nation finds hope, we face. In fact, many health care pro- plus.’’ Does he not understand that the cur- where wings take dream. viders, such as hospitals, home health rent surplus is committed to future benefits, I understand small business growth.. I was care agencies, hospice agencies, nurs- which will have to be cut to make the num- one. ing homes, and others are literally

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.156 pfrm01 PsN: S27PT1 S11284 CONGRESSIONAL RECORD — SENATE October 27, 2000 being shortchanged in the process In particular, we have seen over the the business community and knowl- where a significant and inordinate course of the last several years with re- edgeable of the ways of business, the amount of money is going to HMOs spect to home health agencies that massive distribution of funds to HMOs that operate Medicare managed care many have gone out of business be- defy the logic of both the not-for-profit plans. cause of severe cuts in the reimburse- and for-profit HMO because they will These are the same HMOs that ments. We originally estimated that not pass them on. They will either dis- abruptly, in many cases, withdrew $16.1 billion would be saved over five gorge them to their shareholders as from the market because they could years. It turns out that we have al- profits or they will put them aside so not make their margins—that walked ready saved $19. 7 billion in just two that their ratings and their financing out on seniors. And, in effect, we are years and are on track to save four will be that much more secure when rewarding them for abandoning seniors times what we originally projected. It they are raided by outside groups. and walking away from them by giving is about time to put the money back in So this legislation is not only them a huge amount of money with the to these important activities. unhelpful for the people who need the presumption, of course, that this Yet, that is not what this bill would help, the providers and ultimately the money will be passed on to the pro- do. As I mentioned before, this con- seniors, but it is, I think, contradic- viders who care for our elderly and dis- ference report contains several last tory to the obvious business practices abled. That is not the case at all. minute additions coming from the out- that will be undertaken by the HMOs With respect to the not-for-profit field, including the misnamed Pain Re- and others who receive these great HMOs, their first instincts will be to lief Promotion Act, which is an at- funds. build up their reserves and continue to tempt to undercut the legislation and I suggest, again, we go back to the negotiate very tough reimbursements the will of the people of Oregon with table, that we look hard at all these with hospitals and nursing homes. In respect to the very sensitive issue of proposed solutions to the problems en- some cases, they are the only game in assisted suicide. town. They can go to a hospital or a I strongly disapprove of assisted sui- gendered by the 1997 Balanced Budget nursing home or a home health agency, cide. I am pleased that my State of Act in regard to Medicare, and that we and say: These are the terms—take it Rhode Island has, in fact, adopted leg- strive for a bipartisan approach that or leave it. But their goal will not be islation that outlaws this practice but will get the money to the providers simply passing on the generosity of the still makes the prescription of drugs by who give the care to the seniors. If we Federal Government to providers—the physicians for the purposes of alle- do that, we are going to make great people actually giving the care. It will viating pain a medical matter and not progress. If we don’t do that, we will be be to enhance their own financial posi- a law enforcement matter. back here again next week dealing with tions by continuing to put aside money The fallacy of the approach embodied another proposal after a Presidential for the proverbial rainy day. in the Pain Relief Promotion Act is to veto. When it comes to the for-profit take the Drug Enforcement Agency Now that is just one aspect of what HMOs, their incentive is not only to and make it the arbiter of good med- has been transpiring in this body, one enhance their financial position be- ical practice. I can’t think of a more aspect of the impasse we face. cause that is what enhances their inappropriate combination of institu- Today we sent to the President legis- stock price in the market, but also to tions and functions than that. But that lation providing appropriations for provide dividends to their shareholders. has been thrown into the mix in this Commerce, Justice, and State Depart- After all, they are profit-making enter- conference report. ments. What we did not send forth was prises. We have been endeavoring over many legislation that would include the I think it is entirely fallacious to be- months to come up with bipartisan so- Latino Fairness Act, that would in- lieve that by simply giving money to lutions to these issues of Medicare re- clude, also, fairness for other groups. HMOs for seniors, with no account- imbursement and of the restoration of One group in particular of which I ability and no requirements, they will funds that were cut in 1997 under the have been very supportive is the Libe- in return provide coverage. Simply giv- Balanced Budget Act. But it has come rian community in the United States. I ing them the money is the wrong way to naught so far. have heard my colleagues on the other to ensure that our seniors and disabled I hope that in the next few days in side say the reason we are not doing receive adequate health care. anticipation of a Presidential veto this is because we will not engage in That is precisely the path that has there will be a second or third or country-specific relief in our immigra- been chosen in this partisan Repub- fourth look at these issues and we can tion laws. That is nonsense. We have lican legislation that we will see in the try to deal with them in a thoughtful had country-specific relief. We have days ahead. and constructive way. had it throughout the history of this We would like to see Medicare man- One particular issue is the fact that country. One just has to look at the aged care plans succeed. We would like we face a further 15-percent reduction Cuban community in this country to to see that happen. But we can’t sim- in home health care reimbursement see very specific and very helpful coun- ply wish by giving them money that rates, which is currently scheduled to try-specific relief in terms of the rules they will change the practices they take effect in October of 2001. have pursued over the last several We already know that these agencies of immigration, rules of establishing years. cannot sustain such a further reduc- permanent residence. When they looked at the situation, tion. But the only thing that this bill Also, people suggested we don’t want when they thought they were not get- does is temporarily delay it for another to legitimize people who come here il- ting the kind of return and the kind of year. legally and stay here illegally without profits they should in these programs, I have joined with many of my col- the color of law. In the case of the Li- they simply walked away. leagues, including Senator COLLINS of berian community, these individuals Yet we are not requiring them even Maine, to suggest the elimination of have been recognized and allowed to with this great infusion of money to this 15-percent cut because agencies stay here under temporary protective commit to stay the course for our sen- have to know not only that they have status issued first by President Bush iors. It is the wrong approach. a 1-year reprieve, but they can plan and continued subsequently. Now, how- The right approach—the approach with some confidence for the years ever, they face deportation because that was advocated very forcefully by ahead, and that they won’t face such a their TPS status has lapsed. They are my colleagues on the Finance Com- further draconian cut in their reim- now under a status called deferred en- mittee on the Democratic side—is to bursement. forced departure—still legal status, al- provide additional reimbursements and It is the only way they can attract lowing them not only to stay here but additional support for the actual pro- the kind of financial lending support also to work. So this is a group of peo- viders—the hospitals, the hospice agen- they need to cover expenses. It is the ple who are legally recognized to be cies, and home health agencies—all of businesslike thing to do. here, and they have the same rights, I the agencies that are struggling just to That is another irony. For a party believe, or should have the same rights, stay afloat and to stay viable. that styles themselves as conscious of as everyone else.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.159 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11285 This whole issue with respect to Li- have failed to pass the Elementary and Senator LAUTENBERG’s great efforts berians, with respect to Latinos—real- Secondary Education Reauthorization and the efforts of many of my col- ly, hundreds of thousands who have Act. It is the first time we didn’t do it leagues. come here; many have been here for in a bipartisan way, listening to the Although we have engaged in debates decades or more—who are part of our voices of all of our colleagues, trying about policy, we are looking ahead at economy, just as all of those high-tech to accommodate them, all to try to the consequences of this election where workers whom we labored so diligently come up with a product that would rep- several things will be extraordinarily to accommodate under the H–1B visa resent further progress in reforming important—obviously. First, this elec- program. In fact, in places such as Ne- education. tion will help cast the composition of vada, the home of my colleague, Sen- Reforming education or providing in- our Supreme Court. That is not just a ator REID, the business communities centives for States to do the bulk of jurisprudential matter, that is not just are asking us to pass the Latino fair- that work because that is their respon- something that should be of interest to ness bill because it is their workers sibility more than ours—we haven’t law review editors and students at law who are affected by not being recog- done that. As a result, we haven’t made schools. It will shape whether or not nized or allowed to establish perma- progress on improving teacher train- this Federal Government can still play nent residence. ing, we haven’t made progress for mod- a vital, active role in the lives of its I think we can do much more and ernizing libraries, we haven’t made citizens, because the trend of the should do much more. This discussion progress with parental involvement, we Court, the trend of the Republican ap- leads invariably to a litany of lost op- haven’t reduced class size or repaired pointees of the Court, has been to cir- portunities and partisan action which crumbling schools or done all we can to cumscribe, dramatically, the power of undercuts the very brave language of keep our schools safe from violence. the Federal Government to act in lieu Governor Bush who talks about bipar- Frankly, one of the reasons we did of the States. tisanship. Certainly we haven’t seen not have the will to bring this legisla- When people talk about the Federal any bipartisanship here. We haven’t tion to the floor was a paranoia on the role in education, that role might di- seen a great deal of leadership here on side of the Republicans that we would minish dramatically, regardless of what we do in this body, if we have issues that are important to all of us actually vote on sensible gun controls Justices who believe there is no real and are particularly important to the that would help improve the safety not congressional/Federal role in edu- American people. only of our schools but of our streets cation. That is a part of the con- If we finish next week simply by and our communities all across this adopting the remaining appropriations sequences of this election. country. And as a result, we sacrificed Governor Bush has proposed a tax bills, we will have neglected to deal on the altar of fidelity to the NRA a policy that is hard to understand, ex- with the real issues that the American chance to pass elementary and sec- cept for the fact that it seems to leave people have demanded of us for months ondary education legislation in this very little for the other issues with and months and months. There will be Congress. which we must deal: making sure we no prescription drug benefit for sen- We haven’t passed a hate crimes bill transform our Armed Forces, making iors. Yet I hazard a guess that each and that would say stoutly, vigorously and sure we can protect the solvency of the every one of us has gone back to our courageously that we just don’t talk Social Security trust fund, making States and talked with fervor and pas- about tolerance in the United States, sure we can keep our Medicare obliga- sion about how critical it is these sen- we actually have laws to require the tions to seniors, making sure we can iors have access to a Medicare prescrip- same. continue to invest in this country, in tion drug benefit. Yet that is not likely We would actually have a Federal its infrastructure—both its physical in- to happen. Another lost opportunity, statute that would assist communities frastructure and its human and social another missed chance at the issue, an- when they find themselves convulsed infrastructure—through education and other disappointment to the legitimate by the kind of vicious hate crimes that training. hopes of the American people that we we saw in Wyoming with Matthew We are at a point now where, at the would work together and accomplish Shepard, that we saw in Texas with Mr. end of this Congress, we are facing the something for them. Byrd, so that there would be a Federal turn point, the turning back from the We have not enacted a meaningful response, not just an alternative way kind of fiscal discipline that has pro- Patients’ Bill of Rights. Yet for to prosecute, but resources to pros- duced the record prosperity over the months and months and months we ecute, with help and assistance. By last several years, to a situation where have been talking about it. We have doing this, we would send a very strong we fall back again into deficits, into seen our colleagues in the other body signal that this is not an issue of East the high interest rates, into the eco- pass a bipartisan Patients’ Bill of or West or North or South, but this is nomic stagnation of the late 1980s and Rights. Yet in this body it has lan- at the core of our American values. early 1990s. We could miss this oppor- guished, and its days are now num- This is a country that was built on the tunity to invest in our people, to bered. So we will not have, for the idea that men and women from very strengthen our country, its physical American people, something they different backgrounds, very different strength and its economic vitality and want: Simply to be able to get from cultures, very different traditions, its military prowess, and also its spirit their managed care organization the could come together and form a perfect as a nation of neighbors helping others benefits they thought they were enti- union. We have failed in that. to make their lives better and to make tled to and that their employer typi- We could go on, too, talking about their communities better. cally thought he or she had paid for. some of the commonsense gun safety We have reached this impasse. I hope But we are not doing that because in and juvenile justice legislation that we can break through this impasse. I this body we didn’t pass a real Pa- has languished and will shortly expire. hope we can, through deliberations tients’ Bill of Rights. We passed a We have not closed the gun show loop- over the next few days, reach a Medi- sham. My collages hoped that sham hole. That was the loophole that was care refinement proposal that will would be enough of a diversion so the used by the killers at Columbine High truly help providers and not just American people will forget what we School to obtain some of the weapons HMOs. I hope we can see a Commerce- failed to accomplish. they used on that attack. How soon we State-Justice bill that will come back Education reform. Governor Bush is have forgotten. with Latino fairness legislation, that talking about education and touting We have not passed legislation to re- will recognize that these are good peo- his record of education. The Rand quire child safety locks on weapons. ple, struggling to be Americans study has showed some evidence that is Yet we know that could save the lives through work and family and all of the not really a record of success but it is of some children, and even one child’s attributes that we see as part of Amer- a record of less than success. We life saved because he or she would not ica—not a legal status but a condition haven’t even gotten around to doing get access to a firearm in the home is of the heart and a habit of the heart. the routine business of the Congress. something for which we would be very I hope we can do that. But that will This is the first time in decades we proud. We have not done it, despite take bipartisan effort. It will take all

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.161 pfrm01 PsN: S27PT1 S11286 CONGRESSIONAL RECORD — SENATE October 27, 2000 our efforts. I hope over the next several very Republicans who snuck into the legislation that we have before us, fails days we do something we have not done closet, locked the door behind them, on both of those accounts, and I will over the last many months—work to- and emerged with this poor excuse for elaborate on the nature of that failure. gether for the benefit of the American a fiscal plan are the same leaders who First, by making health maintenance people. are now encouraging George W. Bush organizations the only Medicare-based I yield the floor and suggest the ab- to be elected President of the United means by which a prescription drug sence of a quorum. States on a promise to be a uniter, not benefit can be achieved, we are, in ef- The PRESIDING OFFICER (Mr. L. a divider, and a builder of coalitions fect, herding seniors who need prescrip- CHAFEE). The clerk will call the roll. and bipartisan consensus. tion drug coverage into private health The assistant legislative clerk pro- If this is what the blueprint is for bi- maintenance organizations. This bill, ceeded to call the roll. partisanship and consensus building, I by any account, gives disproportion- Mr. GRAHAM. Mr. President, I ask shudder to imagine the legislation that ately too much money to the health unanimous consent that the order for will ooze out from this closed door maintenance organizations, organiza- the quorum call be rescinded. should Governor Bush win the Presi- tions that do not need it and do too lit- The PRESIDING OFFICER. Without dency and follow the counsel of those tle to seniors and health care providers objection, it is so ordered. who have brought us to this sad end on who do. We give too much money to f this fall evening. the HMOs, too little to the bene- Governor Bush would do well to con- ficiaries, and too little to other health THE LAST CONGRESS OF THE sider that the Republican Congress care providers. TWENTIETH CENTURY lacks the vision thing. It is always While I appreciate the modest im- H.R. 2614 more difficult to see the big picture provements for beneficiaries included Mr. GRAHAM. Mr. President, I come when you are in the dark. The legisla- in this bill, the fact remains that on this early Friday evening with a tion before us is a prime example of health maintenance organizations will sense of extreme disappointment, ex- what happens when you try to see the receive substantially more than one- treme disappointment that we are con- big picture in the dark. third of the overall package over the cluding the last Congress of the 20th I will not claim that this bill is with- first 5 years and even more over 10 century with so little commitment to out some positive qualities, some re- years. I am alarmed by the attempt at provide a vision and a sense of assist- deeming features. Many of those fea- offering substantial increases in pay- ance and help to Americans as they tures I have strongly advocated and, in ments to HMOs because experts tell us prepare for the 21st century. I would a number of instances, have been a that these payments are already too describe it as the ‘‘lack of vision prime sponsor. But the bill has serious high. The General Accounting Office thing.’’ We cannot seem to envisage deficiencies. I choose this evening to says that under current law—under the surplus as a once-in-a-century focus only on two of those deficiencies: current law, not the increases we are chance to tackle the most important First, the high level of additional fund- considering here—and I quote from the issues for our day, issues that will af- ing being given under the Medicare General Accounting Office report: fect our children and grandchildren, program to managed care providers at Medicare’s overly generous payments rates issues such as Social Security and the expense of the beneficiaries; and, to health maintenance organizations well ex- Medicare, the two great programs in second, the failure to provide adequate ceed what Medicare would have paid had incentives for small employers to offer these individuals remained in the traditional which the U.S. Government has a con- fee-for-service program. tract with its people, and how to deal pensions to their employees. Both of these deficiencies have a The General Accounting Office con- with the national debt, which grew so common theme, and that is that we are cluded that Medicare health mainte- explosively over the last 30 years, and not just proposing measures as a means nance organizations ‘‘have never been a that we now have an opportunity to of adding back or increasing the pay- bargain for taxpayers.’’ substantially reduce. ments to Medicare providers. We are Increasing HMO payments will not Instead, we see the surplus as a giant not providing tax incentives just to re- keep them from leaving the markets windfall that allows us to dole out fa- ward certain people with additional where they are most needed. According vors to favored constituencies, as if pension or retirement benefits. We are to the testimony from Gail Wilensky, Halloween has already arrived. The re- trying to achieve objectives. chair of the Medicare Payment Advi- sult of this ‘‘tunnel vision thing,’’ is a In the case of Medicare, we are trying sory Commission and a former Admin- bill that will absorb $320 billion of the to achieve the objectives of changing istrator of the Federal Health Care Fi- non-Social Security surplus faster than the orientation of this program from nancing Administration, HCFA: the kids next Tuesday will be able to one which focuses on illness, one which Plan withdrawals have been disproportion- empty their Halloween bags. focuses on treating people after they ately lower in counties where payment As troubling as the specifics of this have become sick enough to go into a growth has been most constrained. legislation is the process by which it hospital or have suffered a major acci- The withdrawal of HMOs from coun- found its way to the Senate floor. This dent, to one which focuses on wellness, ties has actually been lower where the legislation, which would propose sub- keeping people healthy as long as pos- payment growth to HMOs has been stantial tax reductions and additional sible, and which recognizes that a fun- most constrained. provider funding under the Medicare damental part of any wellness strategy It comes down to priorities: Should program, is a major assault against our is providing access to prescription we spend billions more on HMOs or ability to use the budget surplus in a drugs which are the means by which should we try to help frail and low-in- rational way. conditions are appropriately managed come beneficiaries, people with disabil- As we all remember from Abraham or reversed so that wellness can be ities, and children? Lincoln’s immortal Gettysburg ad- achieved or maintained. The managed care industry and its dress, ours is a Government ‘‘of the We also have as a vision to provide a advocates in Congress have thwarted people, by the people and for the peo- balanced retirement security for older every effort to reform the ple.’’ Americans, a retirement security that Medicare+Choice Program so that it For such a government of, by, and for is based on three pillars: Social Secu- does what it is designed to do: provide the people to function, it must be con- rity, employer-based pensions, and pri- services while saving the Government ducted in full view of the people. vate savings. It is to achieve this goal money. As several of my colleagues have al- of a balanced, secure retirement pro- There is a complex formula by which ready discussed earlier today, this pro- gram that we should be directing our Medicare+Choice plans are reimbursed. gram of tax cuts and paybacks to addi- attention in terms of how we fashion In a simplified form, it works this way. tional reimbursement to Medicare pro- tax incentives and other measures that It is an arithmetic formula: viders was created by a self-appointed, use public incentives and funds in order A calculation is done in each county elite group of Members in the prover- to achieve that objective. in the country as to how much fee-for- bial smoke-filled room of old-style ma- I am disappointed that this tax legis- service medicine is costing per Medi- chine politics. The irony is that the lation, this Medicare reimbursement care beneficiary. Ninety-five percent of

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.164 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11287 that number then becomes the method have allowed a more market-oriented tion in Maintaining Health in the Na- by which the HMO+Choice plans are re- system, which could have resulted in tion’s Elderly,’’ which urges that ac- imbursed. higher reimbursement rates or lower cess to nutrition therapy be made If you happen to have a county that reimbursement rates; at least they available to people with cardiovascular has a high fee-for-service medicine, for would have been the reimbursement disease. Again, apparently they did not instance, because it has tertiary med- rates that were set by market competi- meet the standard of ‘‘political cor- ical care or particularly because it has tion, not by an arbitrary discredited rectness’’ to be included in the preven- a teaching hospital, which tend to re- formula. tion modalities that will be funded in sult in driving up the overall fee-for- This action, of claiming that you this bill. service costs within that county be- need to have higher reimbursement I believe strongly that additions to cause they are providing exceptional rates after you have just killed the the Medicare program must be based and generally exceptionally expensive method by which we were going to de- on scientific evidence and medical services, then you have a high reim- termine what would be the means of science, not on the power of a par- bursement level to HMOs. That is why setting those appropriate rates, is the ticular lobbying group or on the bias of you tend to find lots of HMOs wanting equivalent of the child who shoots his a single Member. to do business in those high-cost, fee- mother and father and then claims to It appears that instead of taking a for-service counties. deserve the mercy of the court because rational, scientific approach to preven- Conversely, if you happen to be in a he is an orphan. tion, the Members use a ‘‘disease of the county that has no hospitals or only The HMO industry has shot every ef- month’’ philosophy, leaving those who primary care hospitals and relatively fort to establish a rational means of re- need help the most without relevant low fee-for-service costs, then you have imbursement. new Medicare preventative services. low HMO reimbursements, which Then they come here late at night, When I asked why the authors of this frankly is a formula that makes no late in the session, saying that they bill ignored the expert recommenda- sense. need to have a third or more—a third tions, such as providing seniors with For many years, there has been an ef- or more—of all the money that is going cardiovascular disease with nutritional fort to find a new way to reimburse to be used to provide reimbursement to therapy, I was told it was excluded be- HMOs that is more market oriented as Medicare providers because their rates cause it was too expensive; we could opposed to relying on the accident of are too low. They are providing serv- not afford to provide nutrition therapy whether you happen to be in a high fee- ices to approximately one out of six to seniors with cardiovascular disease. It does not take a Sherlock Holmes, for-service county or a low fee-for-serv- Medicare beneficiaries. Yet they want or even a Dr. Watson, for that matter, ice county. to have a third or more of all of the to understand what is happening here. Several times in recent years Con- money that goes for additional reim- This bill provides $1.5 billion over 5 gress has initiated a program to do a bursement. years for all of the prevention pro- demonstration project using some of I was pleased to learn that within grams and a whopping $11.1 billion for the competitive bidding processes this bill one positive thing that was the HMOs. But it is just too expensive which are prevalent in the way in being considered was additional pre- to provide adequate, rational, which private corporations and State ventative benefits for Medicare bene- prioritized prevention services for our and local governments determine how ficiaries. This is a cause I have long ad- to reimburse their HMOs. They put elderly. vocated as part of the fundamental Clearly, the money is there. But the their HMO contracts out for competi- conversion of Medicare from a sickness real goal of those who wrote this plan tive bid and see what HMOs will offer system to a wellness system. is to herd seniors into private HMOs as in order to secure the business of a I strongly believe that Medicare a means of avoiding the addition of a large corporation or a State or local must be reformed from a system which meaningful Medicare prescription drug government. I believe strongly that we is based on treating illness to one that benefit for our Nation’s seniors. should at least experiment with this is based on maintaining wellness. Whether you believe in the broad approach to reimbursing HMOs I have introduced many bills to this Government subsidization of the man- through Medicare. effect, some of which are now the law aged care industry or in providing ben- In 1997, as an example, two dem- of the land. The benefits that I have in- efits to seniors and children, we should onstration projects were included in cluded have been based on rec- all agree that taxpayers’ money should the Balanced Budget Act. These were ommendations made by experts in the be spent responsibly. to provide information on the competi- field. We have used the medical exper- Congress has the responsibility to tive bidding process for tise to determine which preventive mo- make certain that the payment in- Medicare+Choice contracts. What hap- dalities have been proven to be effica- creases we offer are based on actual pened? As soon as two cities—in this cious and cost-effective. Therefore, I data rather than anecdotal evidence or case Kansas City and Phoenix—were was disappointed to find that this bill speculation. selected to be the sites for the dem- fails to provide Medicare coverage for How then can we justify that over onstration projects, the HMOs and those areas of prevention which have the next 10 years the managed care in- their allies in those communities led been identified by the U.S. Preventive dustry is set to walk away with almost an assault against the demonstration Services Task Force as being the most the same amount of funding increases project, and in an end-of-the-session, efficacious and cost-effective. as hospitals, home health care centers, largely clandestine attack, those dem- What were these areas of prevention? skilled nursing facilities, community onstration projects were terminated Hypertension screening and smoking health centers, and beneficiaries com- even before they had started. In so cessation counseling. These were the bined. doing, the HMOs have been able to as- highest priorities identified by the U.S. Over the next 10 years, under this sure that they will not have to com- Preventative Services Task Force. But plan, health maintenance organiza- pete for Medicare’s business based on these apparently did not meet the ‘‘po- tions will receive, in additional fund- merit and the marketplace. In fact, litical correctness’’ standards of those ing, the amount that hospitals, home they would not have to compete at all. who were writing this final bill. health care centers, skilled nursing fa- This year, the HMOs have again The bill also provides one of the cilities, community health centers, and launched a multimillion-dollar lob- other priorities: Access to nutrition beneficiaries will receive combined. bying effort to pressure Congress to in- therapy for people with renal disease The most disturbing problem with crease their payment rates based on and diabetes. But it leaves out the this bill is that it does nothing to ad- this discredited 95-percent formula. largest group of individuals for whom dress our efforts to pass a Medicare The HMOs are claiming their current the Institute of Medicine recommends prescription drug bill in the year 2000. reimbursement rates are too low. Yet nutrition therapy—people with cardio- The Republican leadership would like these are the same HMOs that com- vascular disease. for you to believe that their bill will mitted congressional homicide when This is the publication of the Insti- solve the problem of providing a pre- they killed the proposal that would tute of Medicine on ‘‘The Role of Nutri- scription drug benefit for seniors.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.166 pfrm01 PsN: S27PT1 S11288 CONGRESSIONAL RECORD — SENATE October 27, 2000 According to a story in the October the one case at $748 a year and in the So what you think may be your rela- 26 Washington Post: other at $500 a year. There are many tionship with your doctor and your Unlike the rest of Medicare, this plan pro- Medicare beneficiaries who spend more pharmacist today may be different to- vides some prescription drug benefits; and by than that in 1 month. Yet that is the morrow, if your HMO decides it wants pumping more money into it, the GOP can annual cap on prescription drugs for to make it different tomorrow. defuse Democratic charges that the Repub- those two HMOs which claim they are If Mrs. Smith’s doctor prescribes a lican Congress has failed to act on prescrip- providing effective prescription drug medication that is not on Humana’s tion drug benefits for seniors. coverage for their beneficiaries. formulary, she can only get it filled What we have here is the attempt to Another example is the HIP Health with prior authorization from Humana. use this exorbitant amount of money, Plan of Florida which offers seniors in That means upon learning that her more money than is going into hos- Miami-Dade and Broward Counties a medication is not on Humana’s for- pitals, home health care centers, drug plan that covers up to $700 annu- mulary, probably when she is standing skilled nursing facilities, community ally for brand name drugs. Seniors in at the pharmacist’s counter trying to health centers, and beneficiaries com- the same plan in Palm Beach County, get her drug prescription filled, Mrs. bined, pumping all that money into which is immediately north of Broward Smith will have to call her doctor and HMOs in order to create the facade County, have an annual limit of $250 ask her doctor to call a 1–800 number that we are providing a prescription for brand name drugs. on her behalf. medication benefit and therefore don’t What kind of prescription drug ben- Once the doctor gets through, Mrs. have to provide a prescription medica- efit is that? For many seniors, such as Smith’s doctor will have to consult tion benefit to the rest of the Medicare a constituent to whom I have referred with an HMO bureaucrat and provide beneficiaries, the five out of six Medi- frequently, Elaine Kett of Vero Beach, additional information regarding Mrs. care beneficiaries who get their health these annual capped amounts represent Smith’s health so the bureaucrat can care through the traditional fee-for- less than 30 days’ worth of their pre- determine whether Mrs. Smith is eligi- service program as opposed to an HMO. scription drug needs. ble to receive the medication her own The Republican leadership and The HMOs’ tendency toward denying doctor prescribed. After all of this, the George W. Bush criticize our prescrip- choice and rationing of health care will request to have Humana cover the drug tion drug plan by claiming that we are not benefit our Nation’s seniors and may still be denied. To add to the dif- forcing seniors into a Government-run people with disabilities. Talk about de- ficulty of having a drug prescription HMO. By that so-called HMO, they nying people choice; talk about ration- filled, Humana states in its materials mean Medicare, traditional Medicare, ing of health care; This is it. that the list of covered drugs is subject Medicare on which nearly 85 percent of Fourth, seniors can expect no guar- to change. A drug that is covered for the beneficiaries rely today. anteed choice of a doctor. HMOs have Mrs. Smith today may be excluded on In reality, the Republican plan to networks of doctors that are con- her next visit to the pharmacy. strengthen Medicare is to force seniors stantly changing. If Mrs. Smith’s doc- into private HMOs in order to get their tor is not in her HMO network, Mrs. Fifth, there are few, often no, options prescription drugs. Smith can’t see the doctor. She can’t to participate in Medicare+Choice in Here is what seniors can count on in see the doctor who knows her the best. rural areas. Because of this perverse this plan of forcing seniors into private She can’t see the doctor she trusts to formula that relates the fee-for-service HMOs as the means of securing their treat her and prescribe the medications costs within that county to the amount prescription drugs. she needs. of reimbursement that HMOs will re- First, the plan will cover less than Even if Mrs. Smith’s doctor writes a ceive, while seniors in urban centers one in six Medicare beneficiaries. Very prescription drug, her HMO may have a may have access to Medicare+Choice few seniors have elected or in many restrictive formulary and substitute plans, many of our seniors do not have cases even have the opportunity to par- her doctor’s wisdom for theirs by fill- that option. In over 20 counties in Flor- ticipate in Medicare+Choice. Only 16 ing her prescription drug with some- ida and in the entire States of North percent of the 39 million Medicare thing else. Even if Mrs. Smith’s doctor Dakota, Utah, and West Virginia, there beneficiaries have joined a Medicare writes her a prescription drug, her are no managed care programs for HMO plan. HMO may have a restrictive formulary Medicare beneficiaries. Second, Medicare beneficiaries can which will deny her the medicine that I wonder, do those who would advo- look forward to plans that are here her doctor believed was medically nec- cate that this managed care approach today and gone tomorrow. Nearly 1 essary. provides meaningful prescription drug million seniors will be abandoned by To continue looking at the facts, coverage for our Medicare beneficiaries their HMOs in this year of 2000 alone. let’s look at the materials that think the people in North Dakota, More than 87,000 of those are in my Humana, one of the largest Utah, and West Virginia do not need State of Florida. Seniors in 33 counties Medicare+Choice providers, HMOs, in prescription medications? of the 67 counties in Florida either the country, provides to seniors as it All of these factors beg the question: never had a Medicare+Choice plan or explains their prescription drug ben- If seniors don’t have access to or don’t had one only briefly before it packed efit. like Medicare managed care now, be- up and left town. Here is what Humana says: cause of their own experience, why Third, seniors will have no guarantee For medications with dispensing limits and would they like it better just because of their prescription drug benefits. age limits, additional information may be we are about to decide to throw an required for approval. These requests can enormous amount of money at it, with- What is unlimited coverage today may only be made by your physician to be consid- be a capped benefit tomorrow. ered. Please have your physician contact the out any rational justification, without Listen to these numbers. This is what Humana clinical hotline at the number any sense of the priorities among Medi- the prescription drug benefit is for below. care health care providers? Why, just some of the most significant HMOs in So it is not the patient relying on the because we are about to act in an irra- the country operating in communities best medical advice of the doctor and tional way, would it suddenly make with very large Medicare beneficiary then taking that medical advice in the these plans better in the eyes of the ul- populations. form of a drug prescription to a phar- timate beneficiary? In Hernando County, FL, north of macist in whom they have confidence As I have said in a series of floor Tampa, there are two Medicare+Choice to be filled. It is the patient relying on statements, the attack on a Medicare plans, Wellcare and United. Both offer the goodwill of the HMO to allow the prescription drug benefit is, in reality, a prescription drug benefit, the type of best judgment of the doctor to be ful- an attack on the Medicare program benefit we are hoping to expand by filled. itself. Let me repeat that. This attack pumping more money through this Reading further in the Humana pre- on using fee-for-service Medicare as the Medicare additional reimbursement ferred drug list publication: fundamental means by which prescrip- into HMOs. Both of those plans cap All of the above is not a complete list and tion drug benefits will be delivered is their benefits for prescription drugs, in is subject to change. but a veiled attack, an assault on the

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.168 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11289 basic principles of Medicare itself; uni- job. This is an important improvement ond, an income tax credit for the em- versality, comprehensive service, af- to existing law and will help workers ployers who made contributions on be- fordability, those are principles that accumulate assets for retirement. half of their employees into their em- are under assault under the veil of de- On further review, however, it be- ployees’ pension plan. Both of these nying prescription medication benefits comes clear that in many ways this bill important provisions were excluded through traditional Medicare. is a wolf in sheep’s clothing. The prin- from the tax bill before us today. The Washington Post article of Octo- cipal goal of the Pension Coverage In addition, to the pension bill that ber 27 entitled ‘‘Ad Blitz Erodes Demo- Portability Act is expanding retire- was unanimously reported by the Sen- crats’ Edge on Prescription Drugs’’ de- ment plan coverage to those Americans ate Finance Committee included both scribes how Republicans have used ads who currently do not have an em- of those provisions, and another impor- to achieve ‘‘some success in muddying ployer-sponsored plan available to tant element of retirement security en- the waters on prescription drugs.’’ them. The measure focuses particu- couraged personal savings. This was Mr. President, I ask unanimous con- larly on encouraging small employers achieved through a separate tax credit sent that this article be printed in the to offer pension coverage. to help low- and moderate-income fam- RECORD immediately after my re- Let me use some examples and statis- ilies save for their retirement. marks. tics from my State of Florida, which I The bill was unanimously reported. The PRESIDING OFFICER. Without think are not unrelated to the national Every Republican and every Democrat objection, it is so ordered. scene. Florida has benefited greatly on the Senate Finance Committee sup- (See Exhibit 1.) from the strong economic growth in ported the provisions that would have Mr. GRAHAM. In the legislation we America in the last 8 years. Almost 2 encouraged small businesses to set up are considering today, we have found million new jobs have been created in pension plans for the employer to con- yet another smoking gun to validate our State during that time. Of those al- tribute to employee pension plans, and our suspicions that the Republican most 2 million jobs, more than 70 per- it also creates an incentive for in- Party—and, I am afraid, its Presi- cent are in firms that employ fewer creased savings for low- and moderate- dential candidate—are seeking to do as than 25 people. The vast growth in em- income families. Newt Gingrich was candid enough to ployment in my State of Florida—and, The bill crafted by the Republican say publicly: Let Medicare ‘‘wither on I suggest, in America—has been leadership contains none of these im- the vine.’’ through small entrepreneurial firms. It portant proposals. I believe the cynical way in which is these small employers who have the Finally, the bill even has the poten- this bill purports to provide a prescrip- greatest difficulty offering pension tial to actually create incentives for tion medication benefit by pumping coverage to their employees. A recent small businesses to drop their existing enormous amounts of money away report from the General Accounting Of- pension coverage. Approximately 18 percent of small businesses with less from beneficiaries in more effective fice highlights this fact. prevention programs, and away from According to the GAO report, slight- than 25 employees might actually be institutions such as hospitals and ly more than half—53 percent—of all encouraged by this bill to drop that home care centers which have dem- employed Americans lack employer- pension coverage. How can this pos- onstrated a legitimate basis to receive based pension coverage. The good news sibly be? Frequently, the employers in a small additional compensation, and toward is that that is 5 percentage points more business set up pension coverage not the institutions which have fought than it was a decade ago. So more only to benefit their employees and at- against every reform and which, by the Americans than 10 years ago are now tempt to encourage a greater sense of General Accounting Office report, has getting a pension through their place commitment to employment with a not made a justifiable case for addi- of employment. small firm, but they also do it out of tional reimbursement. We are doing The more troubling finding in the self-interest. As long as an employer is this in order to create the facade that GAO report is that workers’ chances of willing to cover his employees, he gen- by forcing seniors into private HMOs, having access to a pension plan are erally can set aside more funds for his that would be the means by which they strongly influenced by the size of the own retirement through an employer- would receive prescription drugs. That firm that employs them. While 53 per- based plan than is possible to be done in itself is enough of a reason to vote cent of Americans, in general, lack an through an IRA, individual retirement employer-based pension, if you happen against this proposal. account. Let me comment on a second reason. to work for a firm that employs fewer This bill includes a substantial in- Just as the first, prescription drugs, is than 25 people, 82 percent lack an em- crease in the maximum contribution an area on which the Presiding Officer ployer-based pension. It is in precisely allowable to an individual retirement and I have worked to try to develop a on those small firms that the Pension account. That amount today is $2,000 a bipartisan, rational means by which Coverage and Portability Act targeted year and will be increased to $5,000 a prescription drugs can be made avail- its attention. Unfortunately, the bill year by the year 2003. By securing a able to Medicare beneficiaries, the next before us today falls woefully short in separate IRA for the employer’s area is another on which I, along with encouraging those small firms to pro- spouse, effectively $10,000 can be tax many colleagues on both sides of the vide coverage to their workers. sheltered for retirement. aisle, have worked, and that is to re- The Pension Coverage and Port- By making IRAs more attractive to form our pension laws. In my judg- ability Act contained two important small employers, those small employ- ment, the primary objective of reform- provisions to assist small businesses in ers might decide that it is in their self- ing our pension laws should be to in- offering retirement plans to their em- interest to discontinue the employer- crease the number of Americans with ployees. One of those was an income based plans which they now sponsor access to employer-based pensions. tax credit to help small businesses de- and rely on their own and their At first glance, the retirement sav- fray the administrative costs associ- spouse’s IRA as the means of providing ings section of this bill looks very ated with establishing a retirement for their retirement security. similar to S. 741, the Pension Coverage plan. Second is an income tax credit Thus, the unintended consequence of and Portability Act, which I intro- for small employers who make em- increasing IRA limits without pro- duced with my colleague from Iowa, ployer contributions into pension plans viding incentives to encourage small Senator GRASSLEY, which has the sup- for the benefit of their employees. So businesses to provide pension coverage port of 17 of our colleagues in the Sen- there were two critical provisions in and then for the employers to con- ate. In fact, there are some very at- the Pension Coverage and Portability tribute to their employees’ plan may tractive and useful provisions that will Act, both targeted at encouraging, fa- be to erode the retirement plan cov- make existing pensions work better. To cilitating, and making more likely erage for employees in small busi- these, I give my wholehearted support. that small employers would provide nesses. The percentage of those work- For example, the bill makes it easier pensions for their employees an income ers in small firms without coverage—82 for employees to take their pensions tax credit to help defray the initial es- percent already—could grow even high- with them as they move from job to tablishment of the plan costs; and, sec- er.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.171 pfrm01 PsN: S27PT1 S11290 CONGRESSIONAL RECORD — SENATE October 27, 2000 As disappointed as I am in this legis- Fueling the Republicans have been tens of have also aggressively defended their records lation as a whole, I am not in the least millions of dollars in ads from the pharma- on drug coverage in recent months. Rep. bit surprised. This legislation is the ceutical industry, the U.S. Chamber of Com- Heather A. Wilson (R-N.M.) saw her poll work of lobbyists—not statesmen. merce and other business groups lauding the numbers rise significantly among seniors GOP’s private-sector-oriented approach to once she began running ads on the GOP plan. Instead of a strategic vision of what providing drug coverage for seniors. Repub- Ohio Republican Pat Tiberi—who is hoping will be required in order to convert lican ads for Texas Gov. George W. Bush and to succeed his former boss, Rep. John R. Ka- Medicare into a wellness program and other candidates have also portrayed Demo- sich—also expanded his lead in the polls what will be required to assure that cratic proposals to add a drug benefit to the after the National Republican Congressional the large and growing number of Amer- Medicare program as a potential bureau- Committee funded ads attacking his oppo- icans who work for small businesses cratic nightmare. nent’s position on prescription drugs. Democrats ‘‘just assumed we would roll Former representative Scotty Baesler (D- will have the benefit of a pension and over and say, ‘You know, we are against sen- retirement fund—instead of those stra- Ky.), who is hoping to defeat freshman Rep. iors and for the big drug companies, so come Ernie Fletcher (R-Ky.), said the Republicans tegic visions—this is the work of spe- on over and take the House and Senate back ‘‘muddied the waters very well’’ on the ques- cial interest tunnel vision. Instead of with it,’ ’’ said GOP pollster Glen Bolger. tion of prescription drugs, prompting him to balancing the interests of all Ameri- ‘‘But Republicans decided not to do what the air ads on gun control instead because ‘‘it’s cans, this bill goes full tilt towards the Democrats wanted.’’ a definite separation between myself and luckiest few. Just three months ago, Bush had no plan Fletcher.’’ to provide prescription drug coverage for Rep. E. Clay Shaw Jr. (R-Fla.) has even I suggest when legislation is drafted seniors and was badly trailing Vice President in the dark this is what we can expect. turned the issue into a liability for his oppo- Gore on the issue. A Washington Post/Henry nent Elaine Bloom, blanketing his district Behind those closed doors, the drafters J. Kaiser Family Foundation/Harvard Uni- with ads highlighting how she served on the seem to forget basic math. That basic versity poll in July showed Gore with a board of directors of a company that makes math is that every dollar we spend— strong advantage over Bush, 49 percent to 38 generic drugs and that received payments such as pumping excessive funds into percent, when voters were asked which can- from a competitor in exchange for keeping a HMOs—is $1 that we take directly out didate would do a better job ‘‘helping people heart medicine off the market. 65 and over to pay for prescription medi- of the surplus. The party committees are not the only cines.’’ groups touting the GOP’s drug plan in recent Every dollar spent on tax cuts is one Three months later, after an onslaught of that will not be spent on saving Social weeks. The U.S. Chamber of Commerce has Republican National Committee advertising run several commercials decrying the Demo- Security by paying down the national on the drug issue, the Gore advantage had crats’ proposal as a potential bureaucratic disappeared: When voters were asked whom debt, and will not be spent on modern- nightmare while Citizens for Better Medi- they trusted to handle ‘‘Medicare and pre- izing Medicare to make it a wellness care—a group funded by the pharmaceutical scription drug coverage,’’ they were evenly program. industry—has spent $50 million on an ad split, 45 percent saying Gore and 43 percent campaign supporting the position taken by I have used words such as ‘‘squan- Bush. dering,’’ ‘‘flittering,’’ and ‘‘wasting’’ Democratic operatives acknowledge that House and Senate Republicans. Democratic Congressional Campaign Com- before this body more often in the last Republicans have had some success mud- mittee Chairman Patrick J. Kennedy (R.I.) 2 weeks than I would have liked. dying the waters on prescription drugs. In said, ‘‘The $50 million in independent expend- I have watched any chance that this mid-September, the party’s own internal sur- veys showed that Gore’s advantage on the itures from the major pharmaceutical com- body had to create a comprehensive panies has validated the Republicans’ belief strategic spending plan for our future issue has slipped to single digits, one top pollster said. that money can buy anything including their die a small and painful death. But a fall advertising campaign has helped inaction on a real prescription drug benefit I am left with the hope that Presi- put the issue back into the Democratic col- for Medicare.’’ dent Clinton will indeed veto this bill umn, this pollster said, and Gore and his Republican pollster Bill McInturff said as promised, and that a few billion dol- party now hold a 15-point advantage on the that in the battleground states where GOP lars can be spent paying down the na- question of who would better address the advertising on prescription drugs has been concentrated, ‘‘these are roughly parallel tional debt before the next Congress prescription drug problem. Robert Blendon, a health policy specialist numbers’’ concerning which party and which gets its hands on the purse strings involved in the Post/Kaiser/Harvard poll, candidate has the advantage. ‘‘This is clearly again. said surveys suggest the public, in fact, pre- a case where advertising has affected peo- I am not surprised that we are at this fers Gore’s proposal to add a prescription ple’s opinions,’’ he said. point. But I must admit I am a bit puz- drug benefit to Medicare over Bush’s plan to The PRESIDING OFFICER. The Sen- zled. encourage insurance companies to provide ator from Alaska is recognized. Is it really possible that some of my the coverage. Mr. MURKOWSKI. Mr. President, I colleagues don’t realize that a slice But he added that most voters ‘‘don’t ex- ask unanimous consent that I be al- here and a snack there will eventually actly understand the nuances between the two policies,’’ making it difficult for Gore to lowed to speak in morning business. I leave nothing but crumbs? Can it be gain an advantage. apologize for the lateness of the hour. that they truly believe we can have our On the congressional level, Republicans The PRESIDING OFFICER. Without surplus and eat it too? Or are they have tried to defuse the issue by approving a objection, it is so ordered. feasting on the surplus behind closed measure allowing the reimportation of Mr. MURKOWSKI. I thank the Chair. doors fully aware that they are telling cheaper prescription drugs and, in the case of f the system, starve for reform, that we the House, passing their own drug coverage will be fine, and go ahead, eat cake? bill along the lines of what Bush is pro- NO DEFINED ENERGY POLICY posing. Mr. MURKOWSKI. Mr. President, it Thank you Mr. President. And when Republican candidates have had EXHIBIT 1 the money to spend, they have been able to is late. We have had pretty candid dis- [From the Washington Post] tarnish their opponents: Sen. Spencer Abra- cussions on various issues before us. It AD BLITZ ERODES DEMOCRATS’ EDGE ON ham (Mich.) saw his numbers surge this sum- is a political season. There is a lot of PRESCRIPTION DRUGS mer after he ran a series of unanswered at- finger pointing, whether we talk about tacks against the drug proposal of Rep. (By Juliet Eilperin and Thomas B. Edsall) Social Security, Medicare, or the bene- Deborah Ann Stabenow (D-Mich); and both fits of care associated with drug plans. Buoyed by a massive advertising blitz from Sen. Conrad Burns (Mont.) and Senate hope- business groups, Republicans have managed I think we all share a common commit- ful John Ensign of Nevada improved their ment to try to have meaningful legisla- to erode some of the Democrats’ political ad- standing in the polls after launching similar vantage on the issue of prescription drugs for ads. tion come out of the process. We sim- seniors, according to polling data and inde- But according to Michigan-based pollster ply have different points of view. pendent analysts. Ed Sarpolus, older voters who became con- You heard the Senator from Florida Republicans have had some success neu- fused on the drug issue are now beginning to comment extensively on the Repub- tralizing an issue the Democrats had hoped gravitate back to Gore and Stabenow. lican plan to strengthen Medicare. I am to ride to victory in both the presidential ‘‘It’s human nature. If you’re confused, you not here to comment on the Repub- race and many congressional contests across vote for what you know,’’ said Sarpolus, who lican plan on Medicare, although I the country, the analysts said. In fact, in a added that voters tend to trust Democrats few key races, Republicans have successfully more on health care. think it is quite defensible. But I am used the issue to skewer the Democrats as Individual House Republicans, bolstered by here to talk about the Democratic plan big government spenders. their party committees and business groups, for an energy policy.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.173 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11291 You will notice, unlike the Senator Today, the real wild card is in Iraq yet the demand has increased 14 per- from Florida, that I don’t have a chart and the Middle East. I mentioned my cent. In August of last year, we con- to show you what the Democratic en- previous concern over Saddam Hussein sumed more oil in this country than ergy plan is for the simple reason that and the leverage he brings, but some ever before. What is the rationale? there isn’t any. This administration analysts estimate that oil will increase We are traveling more. The economy has absolutely no energy plan as evi- to $40 to $45 a barrel if Iraq halts oil is growing. We are an electronic soci- denced by the dilemma that we face in sales or reduces oil sales. The signifi- ety. We need more energy. Where does this country as we watch our imports cance of that is the position that Sad- it come from? It doesn’t come from from the Mideast climb to approxi- dam Hussein and Iraq currently hold. thin air. Now 58 percent of our oil mately 58 percent. Fifty-eight percent Iraq, we know, has threatened to stop comes from overseas. Some people per- of the oil that we consume in this oil exports if the U.N. doesn’t convert haps remember 1973 when we had the country is imported. Iraqi dollars held by the U.N. to Euro Arab oil embargo. We had lines around We have seen a dramatic increase in dollars for trading. We know Iraqi ex- the block. People were indignant. They the price of gasoline. Gasoline is in the ports have dropped a little bit, by were mad. They were outraged. We area of $1.75 cents to $1.80, depending about 500,000 barrels a day just last couldn’t get gasoline at the gas sta- on the grade. week. It is not clear whether this is the tion. At that time, we were 36-percent We have seen heating oil in the coun- start of an ominous trend. Even if sup- dependent on imported oil and we cre- try raised to approximately $1.56. Here ply disruptions do not occur, world oil ated the Strategic Petroleum Reserve. in Washington alone, it has increased markets are stretched so thin that Here we are today with Iraq, the fast- 56 cents a gallon in less than 10 even the possibility of a disruption est growing source of U.S. foreign oil, months. could raise prices even more. And it did 750,000 barrels a day, nearly 50 percent We have seen natural gas on which 50 so last week. of all Iraqi exports. I don’t want to be percent of the homes in this country Currently, I think oil closed today oversimplistic, but we buy Saddam are dependent increase from $2.16 for around $34 a barrel. We have seen a Hussein’s oil, put it in our airplanes, 1,000 cubic feet to deliveries in Novem- high on two occasions of $37 within the and go over and bomb him. Is that a ber at $5.40 per 1,000 cubic feet. last month or so. But the reality is sensible, responsible foreign policy? We have a situation with our refining that Saddam Hussein controls about In a few words, that is what is hap- industry in which we haven’t built a almost 2.8 million barrels a day of pening. You can interpret it however new refinery in this country in dec- daily exports, and that is more than you desire. This administration’s inat- ades. We have shut down 30-some refin- the available excess capacity world- tention to maintaining the U.N. condi- eries. We find ourselves at loggerheads wide. tions against Iraq has left the sanc- because of our inability to refine, if What I am saying is that the dif- tions in a shambles. We aren’t doing you will, enough of the blends to ad- ference between the world’s ability to any weapons inspections in Iraq; in- dress the Northeast heating oil short- produce oil and the world’s consump- creased Iraqi flights across Saudi air- age. tion is a little over a million barrels— It is fair to say that we don’t have a space in the no-fly zone continue; his there is a little over a million-barrel development of missile, missile deliv- defined energy policy. We have an en- capacity—but Saddam Hussein controls ergy policy that seems to be driven by ery systems, and biological warfare ca- 2.8 million. My point is if Saddam Hus- pabilities continues. Russia and France environmental groups that do not ac- sein reduces his sales, then we are in have openly challenged our sanctions. cept the responsibility for realism. an even tighter position and as a con- Turkey sends flights to Baghdad de- Realism dictates that we are not sequence we can expect the price to go spite the U.N. ban. going to move out of here tomorrow or up. And Saddam Hussein is aware of the next day on hot air. We are going It is simply not working. Our friends this. in Jordan are demanding the end to in- to move out on kerosene. Kerosene There is no question about his ac- spections of Iraqi imports through Jor- comes from oil. Kerosene is what you tions of late. He has become more ag- danian ports. Saddam Hussein is about put in the jet airplane. I don’t attempt gressive in recent months. It is rather to get a free pass to import anything to be oversimplistic, but what we con- interesting to note, after every speech, tinue to need in this country is a bal- he concludes it with ‘‘Death to Israel.’’ he wishes despite the U.N. sanctions. ance of all the energy resources. If there is ever a threat to Israel’s se- Does anyone doubt he will be able to The Middle East last week gave us curity, it comes from Iraq. He has a import what he needs to continue his another reminder as to our crisis. That $14,000 bounty on each American plane weapons of mass destruction? We are is the fear that we are going to be held shot down. Thank God there haven’t going to have to deal with this one of hostage to foreign oil imports. I have been any. But we have flown over these days. been coming to this floor for many 200,000 individual flights over Iraq, en- Let me say again what little energy days now warning of how our depend- forcing the no-fly zone, an area of policy we seem to have is a reliance on ence on foreign oil threatens the na- blockade since the 1990s. imported oil, and it has certainly come tional security of this Nation. I cer- Last month, Saddam Hussein accused into conflict with our foreign policy, tainly don’t take any pride at this late Kuwait of stealing Iraqi oil. Here we go with potentially disastrous con- hour in coming here and saying I told again. He did this shortly before invad- sequences for American consumers and you so. We know the Middle East is a ing Kuwait in 1990. our national security. tinderbox. Some of our most impas- Last week, nearly 15,000 Iraqi Repub- I am pleased to say that George W. sioned enemies are already lighting lican Guard troops moved westward in Bush, and our Vice President nominee, fires there. a show of force, obviously toward Mr. Cheney, have spoken about how to What little energy policy this admin- Israel. Just yesterday, Saddam Hussein decrease our dependence on imported istration has in the sense of increasing said: Jihad, holy war, is the only way oil by developing some of the reserves reliance on foreign oil has come in con- to liberate Palestine. that we have here at home, open up the flict, in my opinion, with our foreign How quickly we forget. Let me re- overthrust belt—Wyoming, Colorado, policy. How can we pretend to play the mind everyone, before President Clin- Utah—areas where we have great po- role of an ally to Israel or even an hon- ton and Vice President GORE took of- tential, areas where the administration est broker when we are now beholden fice, we carried out Desert Storm and has closed up to 64 percent of the pub- to Israel’s sworn enemy, Saddam Hus- 147 Americans were killed, 467 were lic land, exempting that area from de- sein, of Iraq? wounded, and 23 were taken prisoner. velopment, and my State of Alaska, Now we are looking to Saddam Hus- We continue to enforce the no-fly zone. where the administration refuses to sein to keep our citizens from freezing The cost to the taxpayers is about $50 allow an opening of the area which this winter. We are importing about million per month. It is still going on. might have the largest reserves known 750,000 barrels of oil a day from Saddam Yet the administration seems to want to exist in North America, that small Hussein. Many people forget we fought to rely more on Iraqi oil. sliver of ANWR. a war over there in 1991 and 1992. We We have had in this country a 17-per- There are a lot of misunderstandings lost 147 American lives. cent decline in domestic production, about the area of Alaska known as

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.175 pfrm01 PsN: S27PT1 S11292 CONGRESSIONAL RECORD — SENATE October 27, 2000 ANWR. It is 19 million acres, the size of drop $10 a barrel. We saw the Presi- have less than a 1-day supply out of the State of South Carolina. Congress, dent’s action the other day when he this sale. How ironic. wisely, has taken out of that 19 million pulled 30 million barrels out of the What they did is they did manipulate acres, 8.5 million acres and put it in Strategic Petroleum Reserve. The the price because the price did drop, permanent wilderness. They have price dropped from $37 a barrel to but the supply did not increase. If the taken another 9 million acres and put somewhere in the area of $32 a barrel. administration’s intent was to get it into a refuge, leaving 1.5 million Let me conclude with a little evalua- more heating oil to the market, that acres for a decision to be made whether tion of the Strategic Petroleum Re- certainly was not the way to do it. to open it. The geologists tell us there serve and the actions, or should I say They could have explored thoroughly might be as much as 16 billion barrels the ‘‘mis-actions’’ of the administra- the offer by the Venezuelan state oil of oil there. That would equal what we tion handling them. company to produce heating oil for di- import from Saudi Arabia for a 30-year As we know, when the Vice President rect delivery to the United States or period. It is a very significant amount. made a recommendation to the Presi- they could have made a greater effort Some people say that is a 200-day dent that we sell 30 million barrels to convince companies to voluntarily supply. That is totally unrealistic be- from the Strategic Petroleum Reserve, reduce exports, refine product until cause that assumes there would be no the price was nearly $37 a barrel, prices stocks were at a more comfortable other oil produced anywhere in the which last month prompted the admin- level. world. Obviously the Russians, the istration, of course, to release this oil Again, I refer you to the objective. Venezuelans, and the others would from SPR. Now word comes from the The objective was not met. Manipula- produce. Department of Energy that initially tion of the price was. But I do not So as we look at potential energy only 7 million barrels of that original think this was the real reason for the sources here at home, I think we have 30 million barrels would have to go up SPR release. As I have indicated, the to look to the advanced technology for rebid. It is kind of interesting be- real reason was to manipulate the that we have been able to develop in cause they waived the normal bid re- price. They had some success. Prices did dip down to $31 a barrel. But we this country and the record of opening quirements. They didn’t require nor- have seen that erased, with prices back up areas in the Arctic such as Prudhoe mal financial responsibility. They said up to $34 a barrel. Bay, where we find a contribution of they would do that later. Three of the Heating oil stocks in the Northeast nearly 20 percent of the total crude oil bidders could not meet the demands, have actually declined. They have de- produced in this country. That has and as a consequence they had to bid it clined 600,000 barrels since the adminis- come about over a period of 23 years. again. But they recognized their mis- tration came up with the idea of releas- The significance of that speaks for take the next time because they did re- ing the SPR crude oil, which has to be itself. quire the bidders meet financial capa- refined and, incidentally, is not going You might not like oil fields, but bility for performance. to be made available until November. Prudhoe Bay is the best in the world. In any event, according to the De- One of the more interesting things We could have the same potential by partment of Energy’s own analysis, 20 they left out of the sale was no prohibi- opening up that small sliver of the Arc- million of the 30 million barrels will tion against exporting the SPR oil, so tic known as the 1002 area. simply displace foreign oil imports. many of the profiteers in oil simply bid The interesting thing is that indus- The reason for that is our refineries are the oil in with the idea of exporting it. try tells us, out of 1.5 million acres, we running at 96-percent capacity. They There was no ban on exports and there would probably utilize as little as 2,000 cannot, basically, take any more oil. was no ban on heating oil. The market acres—not much bigger than a me- They can only get so much out through in Europe is higher than the U.S. Some dium-sized farm—to open up the area. this process because we have not built traders will simply refine that crude I was rather interested in looking at new refineries in 10 years. We have sim- oil, turn it into heating oil, and export the Christian Science Monitor the ply increased some of our larger refin- it to Europe because they had no prohi- other day. They did a poll across Amer- eries. We have also lost about 37 refin- bition in their bid. ica on what the attitude would be of eries in the last decade. It is not a very The administration’s logic was opening ANWR. The poll was 58 to 34 in attractive business to be in. flawed when it announced this, and it favor. That is a rather startling result, In any event, the Department of En- seems to have only gotten worse. The and I think it surprised some of the ergy has decided that out of the 30 mil- bottom line is, rather than increase do- folks at the newspaper as well. lion barrels, there are probably going mestic production of oil and gas to en- The point is, charity does begin at to be only 10 million barrels that are sure our energy security, again the ad- home. There are those on the other going to be refined into finished prod- ministration falls back to its reliance side who simply blame big oil. I remind uct. Currently, U.S. refinery yields are on foreign oil imports, posing signifi- them, where was big oil when they about 8 percent heating oil and 92 per- cant threat to our national security, were handing out oil a year ago at $10 cent other products, whether it be gas- undermining our foreign policy in the a barrel? Big oil in this country— oline, diesel, kerosene, and so forth. So Mideast, and the administration’s Exxon, British Petroleum, Chevron, if we do the math, while the Depart- strategy is also to try to manipulate Texaco—does not set the price of oil. ment of Energy suggests 3 million to 5 prices when necessary by releasing oil Do you know why? Because we are so million barrels of heating oil will re- from SPR. dependent on imports. Saudi Arabia, sult from the SPR release, we find that We need a real energy policy, such as OPEC, Mexico, Venezuela—they are the the testimony from those representing that proposed by one of the candidates suppliers. They are supplying us with the Department of Energy uses the ter- for President, Governor Bush; one that 58 percent. They set the price. We are minology ‘‘distillates.’’ ensures a clean, affordable, secure en- addicted; we pay it; and that is the What are distillates? They would lead ergy supply for American consumers, consequence of becoming so dependent you to believe this was heating oil and one that increases domestic production when, indeed, we have the technology would benefit the Northeast, but it is of oil and gas. Why should we be ex- in this country to open up some of not. We found out that current refinery ploring in the rain forests of Colombia these frontiers safely. yields of 10 million barrels of SPR oil where there are no environmental con- We have, in the Trans-Alaska Pipe- will yield only 800,000 barrels of heat- siderations? Instead, we should be line, an unused capacity of a million ing oil. That is less than a 1-day sup- using our technology to develop the barrels a day. As a consequence, the de- ply. frontier areas in the overthrust belt in velopment of that portion of ANWR When you look at the intent of the my State of Alaska. We need to expand could be done very easily, and it could administration’s effort to open up the the use of alternative fuels and renew- be done very quickly. If we had the SPR, it was to increase the heating oil able energy, which is part of the Bush- conviction of our commitments to sim- supply availability in the Northeast, a Cheney plan, and we need improved en- ply make a statement that that is our portion of the country that does not ergy efficiency for all kinds of energy intention, there is no question in the have the availability of natural gas. uses. I am pleased to say that is a posi- mind of this Senator we would see oil Their objective was not achieved. They tion Governor Bush supports as well.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.178 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — SENATE S11293 The emphasis of this administration well’s nightmarish visions. The origi- South Korean dialog with the North to has been on natural gas. The only prob- nal Big Brother, Kim Il-Song, has been the intervention of the U.S. may be lem is there has been a tremendous in- replaced by his son. A legacy of terror harmful at this time. crease in the price of natural gas. Nat- and aggression pervades in that coun- Not only would efforts to reach a ural gas was $2.16, as I said, 10 months try. Recent efforts to recast North Ko- speedy agreement with North Korea be ago. It is $5.40 per delivery per thou- rea’s leader Kim Chong-il as a likable premature, in my opinion, it would sand cubic feet. The emphasis, particu- fellow strikes me as little out of char- seem to reward the North for 50 years larly from our utility industry, is that acter. Here is a man whose regime has of aggression as thanks for 6 months of they have nowhere to turn for a source for years been at the top of America’s sunshine. of energy other than natural gas. There terrorist watch list. There is no ques- Both the prospects for peace and the has not been a new coal-fired plant tion he assassinated South Korean offi- President’s legacy would be best served built in this country since the mid- cials in Burma several years ago. They if he were to stay, I believe, on the 1990s. We have no new hydrodams. In fired missiles across Japanese territory sidelines and allow the U.S.-North Ko- fact, the administration is supporting not long ago and actively sought to de- rean relations to proceed as they have taking out hydrodams in the West. velop nuclear capability. It has been a been, with caution and balance. I urge There has been a collapse of our nu- regime whose policy has resulted in the President to put diplomacy ahead clear program. We cannot address the mass starvation of its people, that di- of legacy and not spend the final days nuclear waste issue. We have not built verts food and resources of the neediest of his administration interposing the a new reactor in 15 to 20 years and none to feed and house the few who live in U.S. between the two Koreas. are on the horizon. splendor, and develop, obviously, their f As a consequence, we need to go back weapons capability. CARA LEGISLATION to our energy policy and bring a bal- This is a man who utters an offhand ance. Bring in nuclear. Obviously, it remark suggesting that North Korea Mr. MURKOWSKI. Mr. President, I contributes to the quality of our air. could be convinced to halt its missile ask unanimous consent to print in the Look at hydro, which we can safely de- program, and the administration seems RECORD page 19 of the specific legisla- velop. Look at clean coal. We have the to hail him as showing ‘‘a willingness tion authorizing the CARA legislation, technology to do it. We can recognize to undertake reform.’’ I guess I am not which establishes a program affecting that 50 percent of the homes dependent quite ready to buy that yet. I think the Outer Continental Shelf revenue on natural gas are going to be subject that is a naive approach. I am a little stream. to some substantial price increases if more skeptical. There being no objection, the mate- we do not develop more energy at At every turn, North Korea’s conces- rial was ordered to be printed in the home. As a consequence, what we need sions have turned out to be false prom- RECORD, as follows: here is a balanced energy policy. The ises made strictly to blackmail U.S. ‘‘(8) The term ‘qualified Outer Continental administration’s energy policy is that and South Korea into giving direct eco- Shelf revenues’ means all amounts received there simply is not any. nomic assistance to the bankrupt by the United States from each leased tract North. or portion of a leased tract lying seaward of f the zone defined and governed by section 8(g) I wonder why we are so eager to be- NORTH KOREA of this Act, or lying within such zone but to lieve that North Korea’s apparent con- which section 8(g) does not apply, the geo- Mr. MURKOWSKI. Mr. President, cessions now are anything other than a graphic center of which lies within a dis- with the President contemplating a pretext. tance of 200 miles from any part of the coast- visit to North Korea, I think it is fair Like my colleagues, I certainly ap- line of any Coastal State, including bonus to question the logic of that kind of a plaud South Korea’s President Kim bids, rents, royalties (including payments for decision at this time. This historic Dae-jung’s sunshine diplomacy efforts royalties taken in kind and sold), net profit meeting, if it does take place between to reduce North-South tensions. His ef- share payments, and related late payment the two leaders, could have significant forts have been admirable. I think the interest. Such term does not include any rev- enues from a leased tract or portion of a implications for North and South Koreans should be taking the lead leased tract that is included within any area Korea. I will explain a little bit more. themselves in rebuilding the trust be- of the Outer Continental Shelf where a mora- The leader of North Korea has hinted tween the two nations. Only through torium on new leasing was in effect as of at plans to cease missile testing. He that direct effort by the two sides, free January 1, 2000, unless the lease was issued has indicated a proposed halt to the of outside interference, can tensions prior to the establishment of the morato- proliferation of weapons of mass de- truly be resolved. rium and was in production on January 1, struction and North Korea’s hermit- As a consequence, I worry that the 2000. like isolation. I have had the oppor- administration’s bull-in-the-China- * * * * * tunity to visit North Korea. I was one shop-like interjection of itself into the 11(a) The term ‘‘Secretary’’ means Sec- of the first Members of this body about dialog threatens to dictate, perhaps retary of Commerce. 5 years ago to fly in an Air Force plane overwhelm, the delicate process of Mr. MURKOWSKI. Mr. President, the to North Korea, the first Air Force trust building. purpose of my reference is that I hap- plane to fly there since 1943. It was an Already we have seen North Korea pen to be chairman of the Energy and extraordinary lesson in a country that delay fulfillment of its commitments Natural Resources Committee which is probably as backward as any nation to South Korea because it ‘‘was too historically has had jurisdiction over on Earth. busy’’ preparing for Secretary Outer Continental Shelf activities. I In any event, it is fair to say our Sec- Albright’s visit. This suggests to me was one of the major drafters of this retary of State, in completing a series that the North might shift attention to legislation, along with Representative of historic meetings with the North relations with the U.S. and away from DON YOUNG in the House of Representa- Korean leaders in Pyongyang, has set South Korea and have the effect of un- tives. the stage pretty much for a Presi- dermining attempts at a true accord In moving this legislation through dential visit. between North and South. yesterday morning, we found a signifi- The concern I have associated with I understand President Clinton is cant change had been made in the leg- the development of a rapport between anxious for a foreign policy accom- islation and that the jurisdiction had North and South Korea, I wonder just plishment in light of the difficulties in been moved from the Energy Com- what the benefit of a U.S. intervention the Mideast. He certainly worked to- mittee to Commerce and taken from could be at this time. Still, while im- ward resolution. It is unfortunate that Interior and transferred over to the proving relations certainly is a cause has not happened. In any event, the Secretary of Commerce. for optimism, I do not think it is really question of peaceful and secure rela- I know this cannot be seen, but there time to celebrate. tions with North Korea would be a val- are handwritten notations at the end North Korea has a horrendous record. uable legacy, but I question the direct that simply say: ‘‘11(a) the term ’Sec- For over 50 years, it has been a living involvement in the process and wheth- retary’ means Secretary of Com- embodiment, if you will, of George Or- er or not that shifting away from the merce.’’

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.181 pfrm01 PsN: S27PT1 S11294 CONGRESSIONAL RECORD — SENATE October 27, 2000 There are extraordinary things done Commerce Committee and the Sec- on Sunday—it seems to be an effort in in late times around here. This was retary of Commerce. futility. done at 3 or 4 o’clock in the morning The bill has been filed. As a con- But in any event, Mr. President, I the day before yesterday, and no one sequence, the question is, What can we thank you for being patient, and par- ticularly the staff, as well, who prob- can identify who did it. But the bill do about it? The President may veto ably had hoped this Senator would not was filed, the order has been made, and the legislation. We may have another show up when he walked in the door. there is absolutely nothing we can do opportunity. f other than question the authenticity of On the other hand, we did have a col- someone who would simply change the loquy by Senator LOTT, Senator RECESS UNTIL 9:30 A.M. legislation, not initial it, have no iden- DASCHLE, Senator BYRD, Senator STE- TOMORROW tification. I have checked with the Ap- VENS, and myself. I think it addresses The PRESIDING OFFICER. Under propriations Committee. I have the reality that the best thing we can the previous order, the Senate stands checked with the Members of the do is get out of here. I know the Pre- in recess until the hour of 9:30 a.m., to- House involved. Nobody owns up to siding Officer would agree. But as we morrow, Saturday, October 28, 2000. changing the designation of the CARA look at what we are coming back to to- Thereupon, the Senate, at 7:54 p.m., bill from the Energy Committee in the morrow, a single vote on a continuing recessed until Saturday, October 28, Department of Interior over to the resolution for 1 day—and another one 2000, at 9:30 a.m.

VerDate 27-OCT-2000 03:54 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\G27OC6.185 pfrm01 PsN: S27PT1 October 27, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1959 EXTENSIONS OF REMARKS

REPORT ON THE KOREAN INTERN dynasty. The place is full of history and cul- of 2000.'' This legislation will help ensure that EXCHANGE PROGRAM ture. There was also the Turtle Tomb—an released offenders enter into a lawful, produc- underwater tomb that was built by and for a tive life when they return to their communities. king, used to protect Korea from being at- Under this legislation, programs will be cre- HON. BENJAMIN A. GILMAN tacked by Japan. I also saw Buddhist tem- OF NEW YORK ples and Confucian schools—both of which ated to assist certain offenders who have IN THE HOUSE OF REPRESENTATIVES have greatly influenced the ideology and cul- served their prison sentences, but who pose ture of Korea. the greatest risk to the community. This is be- Thursday, October 26, 2000 At the end of the trip, we went to Cheju Is- cause they lack the skills necessary to suc- Mr. GILMAN. Mr. Speaker, I wish to call to land, a resort island south of Korea. The is- cessfully reintegrate into society, such as find- the attention of our colleagues this report writ- land was beautiful. We took a boat ride to ing housing and employment, in addition to ten by Jacqueline Hui, an intern who partici- see the surrounding islands and visited the managing substance abuse, medical and men- pated in our U.S. Congress Korean National one waterfall on the island. The previous two tal health problems. weeks in Korea had been hectic. The time These programs will use technology and tra- Assembly Student Intern Exchange Program spent in Cheju was relaxing and allowed us which I instituted seventeen years ago. ditional methods of structured supervision and to reflect on our stay. services, along with a system of immediate Jacqueline is a student at Brown University, When we went back to San Francisco, we majoring in Political Science and Economics. had a chance to meet up with the Korean sanctions for violations of an offender's plan. She was an intern in my Washington office students and shared our experiences with It is my belief that these programs will give the this past summer and in my district office in each other. Perhaps it might have been more necessary tools to the returning offenders so 1999. She did an outstanding job. I am very interesting if we had met back in Korea in- that they can help themselves lead lawful and proud of her, and I am happy that she was stead. productive lives. able to participate in our Korean Exchange Overall, the Koreans showed great hospi- I want to thank the Attorney General and tality in all respects. Everywhere we went Program. Her report underscores the impor- the Department of Justice for the assistance we were treated very well. We Americans and hard work in this area. I know this is a pri- tance of such exchange programs, and the tend to bask in our superiority over other ority of the Attorney General, and I look for- valuable experiences which our students re- nations. Interestingly enough, I found Korea ward to working with her to help process this ceive: to be highly technologically advanced. legislation next Congress. I am also submitting Americans should remember that other na- SUMMARY OF THE U.S. CONGRESS—REPUBLIC OF tions do have the capacity to surpass us, at for the RECORD a section-by-section analysis KOREA NATIONAL ASSEMBLY least in certain respects. that the Department of Justice has prepared By Jacqueline Hui I am grateful for this opportunity to expe- on this legislation. One of the most important goals of our ex- rience the Korean culture first hand. The SECTION-BY-SECTION ANALYSIS change program is to foster greater under- program was very successful—in my eyes—in Introduction standing between Korea and the United fostering understanding between two cul- This legislative proposal is divided into States. Although I can not speak on behalf of tures. I hope that future exchange students the Korean students, I believe that all of us two titles: title I would create demonstra- will continue to have the opportunity to live tion reentry programs for federal offenders, American students have gained a greater un- and learn Korean culture as I did. derstanding of Korean politics and culture and title II would establish reentry programs for sate and local prisoners. The programs through the exchange. f The time spent abroad in Korea was very are designed to assist high-risk, high-need offenders who have served their prison sen- well-organized and very intense. If there is THE OFFENDER REENTRY AND tences, but who pose the greatest risk of re- any way one could experience almost every COMMUNITY SAFETY ACT OF 2000 offending upon release because they lack the aspect of Korea in two weeks, I did. Every- OCTOBER 26, 2000 education, job skills, stable family or living day the schedule was packed from eight arrangements, and the substance abuse o’clock in the morning until ten o’clock in HON. HENRY J. HYDE treatment and other mental and medical the evening. When I finally returned home, I OF ILLINOIS health services they need to successfully re- would be completely exhausted and fall integrate into society. Both titles include IN THE HOUSE OF REPRESENTATIVES asleep until it was time to wake up again for provisions requiring that the funded pro- another grueling day. Thursday, October 26, 2000 grams be rigorously evaluated and the re- On the first day, I learned about the Ko- Mr. HYDE. Mr. Speaker, today in commu- sults widely disseminated, so that reentry rean language at the Seoul National Univer- programs can be modified as needed, to en- sity and viewed a traditional music perform- nities all around this country, prisoners are sure that recidivism is reduced and public ance. At the performance, I realized that the being released back into their communities safety enhanced. Korean culture was uniquely different from without job skills, substance abuse or mental The Reentry Problem. American crime Asian cultures, my being Chinese. health services, or assistance in obtaining policies over the past two decades have re- On the other days, we went to the National sulted in record numbers of offenders being Folk Museum, the Changdok Palace, visited housing and employment. In fact, the Depart- ment of Justice reports that historically, two incarcerated. Some 1.25 million offenders are the National Assembly, visited Samsung now living in prisons, and another 600,000 of- Electronics, did some pottery, went to a tra- thirds of released prisoners are rearrested for fenders are incarcerated in local jails. Al- ditional Korean Spa, went to the De-Milita- new crimes within three years. though many offenders are serving longer rized Zone (Panmujom), participated in a During this year alone, a record number of sentences than they would have a decade Taekwondo workshop, spent a day interning over 585,000 inmates will be released from jail ago, once they complete their terms, they re- in the National Assembly, and did a home- or prison and return to local communities. A turn to the community. A record number of stay to experience Korean life. safety threat is posed by this volume of re- approximately 585,400 inmates will return to The single day interning in the National turns and has been worsened by a declining communities this year. Historically, two- Assembly was insufficient to really see Ko- thirds of returning prisoners have been re- rean politics. The most intense experience ability by states and communities to supervise arrested for new crimes within three years. was definitely visiting the De-Militarized the returning offenders. This is partly due to The safety threat posed by this volume of Zone. The particular area clearly depicts the policy shifts toward more determinate sen- returns has been exacerbated by reductions tensions between North and South. Further- tencing, which allow for the offenders to serve in the abilities of states and communities to more, the U.S. presence in the area also dem- longer sentences than in the past, yet without supervise returning offenders. Parole sys- onstrates and creates tension between the supervisory conditions upon release. Thirteen tems have been abolished in thirteen states. Koreans and Americans. Overall, I attended states have abolished parole systems, thereby Moreover, policy shifts toward more deter- many meetings that explained different sides minate sentencing have reduced the author- of issues concerning Koreans and in the end, providing very little, if any, supervision of re- ity to impose supervisory conditions upon I had a much clearer view of Korea. leased inmates. existing offenders. Consequently, an esti- Near the end of the stay, we went to Mr. Speaker, today I have introduced ``The mated 100,000 inmates will receive no super- Kyongju, which was the capital of the Shilla Offender Reentry and Community Safety Act vision in the community. State systems have

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

VerDate 112000 05:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.000 pfrm04 PsN: E27PT1 E1960 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2000 also reduced the numbers of transitional sup- tionally to address the growing national Section 103. District of Columbia Intensive port programs aimed at facilitating the re- problem of released prisoners. Supervision, Tracking, and Reentry Training turn to productive community life styles. Section 101. Federal Reentry Center Dem- Demonstration—Section 103 establishes the Recent studies indicate that many returning onstration—Section 101 establishes the Fed- District of Columbia Intensive Supervision, prisoners receive no help in finding employ- eral Reentry Center Demonstration Project, Tracking and Reentry Training (DC ment upon release. Most offenders have low which is targeted at high-need and medium- iSTART) Demonstration project. The DC literacy and other basic educational skills to-high-risk federal offenders, and revolves iSTART project is targeted at high-risk Dis- that can impede successful reentry. around Reentry Centers. These Centers will trict of Columbia offenders—those who At least 55 percent of offenders are fathers be enhanced community corrections facili- might not otherwise be released through a of minor children, and therefore face a num- ties, or ‘‘halfway houses,’’ where for most halfway house—and utilizes halfway houses, ber of issues related to child support and federal prisoners, reintegration into the home confinement and intensive supervision. other family responsibilities during incarcer- community begins. Reentry Centers will be The project builds on the work of the Court ation and after release. Substance abuse and dynamic facilities where ongoing reentry Services and Offender Supervision Agency, mental health problems add to concerns over planning and evaluation will be conducted by which under the National Capital Revitaliza- community safety. Approximately 70 percent a team of corrections and supervision au- tion and Self-Government Improvement Act, of state prisoners and 57 percent of federal thorities, where services are intensively pro- has begun a complete reengineering of the prisoners have a history of drug abuse. Re- vided, and where immediate and certain supervision and reentry systems in the Dis- search by NIJ indicates that between 60 and sanctions are imposed when a prisoner devi- trict of Columbia. 75 percent of inmates with heroin or cocaine ates from his or her reentry plan. The core elements of the DC iSTART problems return to drugs within three Some of the core components of the dem- project include: (1) Reentry Review teams; months when untreated. An estimated 187,000 onstration project include (1) Reentry Re- (2) the use of halfway houses and home con- state and federal prison inmates have self-re- view Teams—consisting of representatives of finement for high need/high-risk parolees to ported mental health problems. Mentally ill the Federal Bureau of Prisons and the U.S. form a system of graduated levels of super- inmates are more likely than other offenders Probation System and staff of the relevant vision for those who otherwise would be re- to have committed a violent offense and be halfway house—that will rigorously manage leased directly into the community; and (3) violent recidivists. Few states connect men- a more seamless reentry of offenders into the as indicated and appropriate, regular drug testing, substance abuse treatment and tal health treatment in prisons with treat- community; (2) a system of graduated levels aftercare, mental and medical health treat- ment in the return community. Finally, of- of supervision within the Reentry Center to ment and aftercare, vocational and edu- fenders with contagious diseases such as promote community safety by providing cational programs, life skills instruction, HIV/AIDS and tuberculosis are released with sanctions for minor violations of an offend- ers’ reentry plan and incentives for com- conflict resolution skills training, assistance no viable plan to continue their medical obtaining suitable housing, and other pro- treatment so they present a significant dan- pleting stages of the program; (3) the use of local, community-based citizen volunteers to gramming to promote effective reintegration ger to public health. into the community. The project will last Current policies to reduce public safety advise and mentor offenders; and (4) as indi- cated and appropriate, regular drug testing, three years. risks are cost prohibitive and often ineffec- Section 104. Federal Intensive Supervision, substance abuse treatment and aftercare, tive. Efforts to enforce offender account- Tracking, and Reentry Training Demonstra- mental and medical health treatment and ability for release conditions have led to tion—Section 104 establishes the Federal In- aftercare, vocational and educational pro- record returns to prison for revocations. tensive Supervision, Tracking and Reentry grams, life skills instruction, conflict resolu- These practices have added significantly to Training (FED iSTART) Demonstration state correctional costs. Revocations com- tion skills training, assistance obtaining project. The FED iSTART project is targeted prised 17 percent of prison admissions in 1980; suitable housing, and other programming to at high-risk federal offenders—those who they have risen to 36 percent in 1998. promote effective reintegration into the might not otherwise be released through a Juvenile offenders represent a serious part community. halfway house—and utilizes intensive super- of the reentry issue throughout the country. The Reentry Center project will last three vision by federal probation officers with sig- Juveniles were involved in 17 percent of all years and will take place in an appropriate nificantly reduced caseloads. The core ele- violent crimes and 35 percent of all property number of federal judicial districts selected ments of the FED iSTART project are (1) su- crime arrests in 1997. In 1997, 369 juveniles by the Attorney General in consultation pervision by probation officers with signifi- were in custody for every 100,000 in the popu- with the Judicial Conference of the United cantly reduced caseloads, (2) fully funded lation. Between 1987 and 1996, the volume of States. The Attorney General will also have monitoring and reentry services, to be pro- adjudicated cases resulting in court-ordered the authority to include in the demonstra- vided as indicated and appropriate, including residential placements rose 51 percent. The tion project offenders who participate in the regular drug testing, substance abuse treat- steady increase of youth exiting residential Enhanced In-Prison Vocational Assessment ment and aftercare, mental and medical placement has resulted in an increased and Training Demonstration project estab- health treatment and aftercare, vocational strain on the juvenile justice aftercare sys- lished by section 105 of this Act. and educational programs, life skill instruc- tem due to increased case loads for parole of- Section 102. Federal High-Risk Offender tion, conflict resolution skill training, as- ficers and the inability to provide the appro- Reentry Demonstration—Section 102 estab- sistance obtaining suitable housing, and priate level of required supervision. Without lishes the Federal High-Risk Offender Dem- other programming to promote effective re- structured aftercare supervision and serv- onstration project. The project is targeted at integration into the community. The project ices, youth are likely to relapse and high-need/high-risk federal offenders—those will last three years. recidivate and return to confinement in ei- who have already violated the terms of their Section 105. Federal Enhanced In-Prison ther juvenile or adult correctional facilities. initial release—and utilizes a variety of ele- Vocational Assessment and Training Dem- ments, including emerging technologies, to onstration—Section 105 establishes the Fed- TITLE I. FEDERAL REENTRY DEMONSTRATIONS both monitor these offenders and insure de- eral Enhanced In-Prison Vocational Assess- PROJECTS livery of appropriate services and programs ment and Training Demonstration project. Innovative strategies and emerging tech- that promote effective reentry into the com- The project will provide in-prison assess- nologies present new opportunities to im- munity. These technologies are rapidly de- ment of prisoners’ vocational needs and apti- prove the federal and District of Columbia veloping and will, as they develop further, tudes, enhanced work skills development, reentry systems. This legislation creates five provide increasingly effective ways to man- enhanced release readiness programming, demonstration projects—four in the federal age offeners’ reentry. and other components as appropriate to pre- system and one in the District of Columbia— The core elements of the project include (1) pare federal prisoners for release and reentry that utilize these strategies and tech- the use of halfway house and home confine- into the community. The project will last nologies. The projects share many core com- ment that together with the technology will three years. ponents, including a more seamless reentry form a system of graduated levels of super- Section 106. Research and Reports To Con- system, reentry officials who are more di- vision; (2) as indicated and appropriate, mon- gress—As indicated above, the promise of rectly involved with the offender and who itoring technologies; regular drug testing, this legislation is not simply to develop the can swiftly impose intermediate sanctions if substance abuse treatment and aftercare, demonstration projects, but also to insure the offender does not follow the designated mental and medical health treatment and that the projects are rigorously evaluated to reentry plan, and the combination of en- aftercare, vocational and education pro- determine which measures and strategies hanced service delivery and enhanced moni- grams, life skill instruction, conflict resolu- most successfully reintegrate federal pris- toring. The different projects are targeted at tion skill training, assistance obtaining suit- oners into the community and which should different prisoner populations and each has able housing, and other programming to pro- be promoted nationally to address the grow- some unique features. The promise of the mote effective reintegration into the com- ing national problem of released prisoners. legislation is to establish the demonstration munity. Section 106 directs the Attorney General, the projects and then to rigorously evaluate The project will last three years and will Director of the Administrative Office of the them to determine which measures and take place in an appropriate number of fed- United States Courts, and the Executive Di- strategies most successfully reintegrate pris- eral judicial districts selected by the Judi- rector of the institute for criminal research oners into the community as well as which cial Conference of the United States in con- authorized by the National Capital Revital- measures and strategies can be promoted na- sultation with the Attorney General. ization and Self-Government Improvement

VerDate 112000 05:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26OC8.042 pfrm04 PsN: E27PT1 October 27, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1961 Act to evaluate the various demonstration ties carried out under the grant. Section 2602 join me in honoring the memory of Mrs. Lucille projects authorized by this Act on post-re- authorizes $10,000,000 for this program in fis- Beavers, a true beacon of the Chicago com- lease outcomes and recidivism for a three- cal year 2001, and such sums as are necessary munity. year period after release from custody. This in fiscal years 2002 through 2005. ``If anyone serves me let him follow me; and section also directs that not later than two Section 2603. Juvenile Offender State and years after the enactment of this Act, re- Local Reentry Programs. Section 2603 estab- where I am, there shall my servant also be; if ports be made to Congress on the progress of lishes the Juvenile Offender State and Local anyone serves me, the father will honor him''. the demonstration projects. Reentry Grant Program for the purpose of John 12:26. Section 107. Authorization of Appropria- encouraging states to partner with units of f tions—Section 107 authorizes appropriations, local government and other non-profit orga- to remain available until expended, to the nizations to establish juvenile offender re- TRIBUTE TO GEORGIA LEE Federal Bureau of Prisons, the Federal Judi- entry projects. The grants shall be for O’QUINN BROWN ciary, and the Court Services and Offender amounts up to $250,000, and may be expended Supervision Agency of the District of Colum- for the following purposes: implementing bia for fiscal years 2001 through 2005. graduated sanctions and incentives, moni- HON. BOB ETHERIDGE OF NORTH CAROLINA TITLE II. STATE REENTRY GRANT PROGRAMS toring released prisoners, and providing IN THE HOUSE OF REPRESENTATIVES Section 201. This section amends the Omni- them with drug and alcohol abuse testing bus Crime Control and Safe Streets Act of and treatment, mental and medical health Thursday, October 26, 2000 services, victim impact educational classes, 1968 by adding four new sections (2601, 2602, Mr. ETHERIDGE. Mr. Speaker, today I cele- 2603, and 2604) that make grants available to employment training, conflict resolution state and local governments to create spe- skills training, and other social services. brate and honor the public service of Georgia cial programs to help state prisoners suc- Section 2603 requires applicants to submit Lee O'Quinn Brown of Harnett County, North cessfully reenter their communities. an application that describes a long-term Carolina. Mrs. Brown has served as the Coun- Section 2601. Adult Offender State and strategy and detailed implementation plan, ty Clerk of Harnett County Superior Court for Local Reentry Partnerships. Section 2601 es- identifies the agencies that will be coordi- over thirty years and is now retiring. nated by the project, certifies that there has tablishes the Adult Offender State and Local Georgia Lee O'Quinn was born on July 27, Reentry Partnership Grant Program for the been appropriate consultation with all af- fected agencies, and describes the outcome 1938 to the late Flora Lee Holloway O'Quinn purpose of encouraging states, territories, and Nelson Carl O'Quinn. She graduated from and Indian tribes to partner with units of measures that will be used to evaluate the local government and other non-profit orga- program. The grant recipient must con- Boone Trail High School in 1956. Later that nizations to establish adult offender reentry tribute a percentage of matching funds to year, she married the late Wesley Hal Brown, demonstration projects. The grants shall be the project and submit an annual report to with whom she has three children and six for amounts up to $1,000,000, and may be ex- the Attorney General describing the activi- grandchildren. pended for the following purposes: imple- ties carried out under the grant. Section 2603 Mrs. Brown began her faithful service to authorizes $5,000,000 for this program in fis- menting graduated sanctions and incentives, North Carolina in 1956 when she was hired as monitoring released prisoners, and pro- cal year 2001, and such sums as are necessary in fiscal years 2002 through 2005. a clerk in the Office of Harnett County Clerk viding, as appropriate, drug and alcohol of Superior Court. Nearly half a century later, abuse testing and treatment, mental and Section 2604. State Reentry Program Re- medical health services, victim impact edu- search, Development, and Evaluation. Sec- she is retiring. Mrs. Brown has held many of- cational classes, employment training, con- tion 2604 establishes the State Reentry Re- fices in the Association of Clerks of Superior flict resolution skills training, and other so- search, Development, and Evaluation Grant Court of North Carolina, including the office of cial services. Program to conduct research on issues perti- president in 1992±93. She received appoint- Section 2601 requires applicants to submit nent to reentry programs, develop and test ments to serve as a member of a committee new reentry approaches, evaluate the an application that describes a long-term that revised the Juvenile Justice Procedures strategy and detailed implementation plan, projects authorized in sections 2601, 2602, and 2603 of this title, and disseminate this infor- Manual and the Clerks Procedure Manual and identifies the agencies that will be coordi- has served on various state committees relat- nated by the project, certifies that there has mation to the field. Section 2604 authorizes been appropriate consultation with all af- $5,000,000 for this program in fiscal year 2001, ing to the office of Clerk of Superior Court. fected agencies, and describes the outcome and such sums as are necessary in fiscal With her wealth of experience and knowledge, measures that will be used to evaluate the years 2002 through 2005. Mrs. Brown was an obvious choice for ap- program. The grant recipient must con- f pointment to the Judicial Advisory Commission tribute a percentage of matching funds to for Court Operations. In 1998, Chief Justice the project and submit an annual report to TRIBUTE TO LUCILLE BEAVERS Burley Mitchell appointed Mrs. Brown to this the Attorney General describing the activi- Commission where she served until November ties carried out under the grant. Section 2601 of 1999. authorizes $40,000,000 for this program in fis- HON. BOBBY L. RUSH cal year 2001, and such sums as are necessary OF ILLINOIS Mrs. Brown's leadership may also be seen in fiscal years 2002 through 2005. IN THE HOUSE OF REPRESENTATIVES through her unfaltering commitment to service Section 2602. State and Local Reentry throughout the community. She has been a Courts. Section 2602 creates the State and Thursday, October 26, 2000 member of the Harnett County Democratic Local Reentry Court Grant Program for the Mr. RUSH. Mr. Speaker, today I pay tribute Women, the National College of Probate purpose of encouraging state agencies, mu- to one of Chicago's unsung heroes, the late Judges, the Board of Directors of North Caro- nicipalities, public agencies, nonprofit orga- Lucille Beavers. Her untimely death on Octo- lina Baptist Foundation, and more. Her many nizations and tribes to make agreements ber 9, 2000 will truly leave a deep void in our with courts to establish ‘‘reentry courts.’’ contributions to her community did not go un- The grants shall be for amounts up to community. noticed by those around her and in 1981, she $500,000, and may be expended to monitor re- Lucille, the daughter of William and Roberta was named Woman of the Year by the turning offenders, establish graduated sanc- Nunnally, was born on August 14, 1919. She Lillington Business and Professional Women's tions and incentives, test and treat return- spent her early years in Atlanta, Georgia and Club. In 1987 she was recognized as Demo- ing offenders for drug and alcohol abuse, and later moved to Chicago, IL where she at- crat of the Year by the Young Democrats of provide reentering offenders with mental and tended Chicago Public Schools. Harnett County. medical health services, victim impact edu- Lucille met, and after a three-year courtship, Mrs. Brown has served as a role model and cational classes, employment training, con- married Alderman William Beavers on June 5, an inspiration for all those around her. She is flict resolution skills training, and other so- cial services. 1984. Lucille was devoted to her family and an active member for the Antioch Baptist Section 2602 requires applicants to submit exceptionally proud of her son, Riccardo Wil- Church serving as an adult Sunday School an application that describes a long-term liams, who launched a very successful entre- teacher president of Women on Missions. She strategy and detailed implementation plan, preneurial enterprise. has exemplified the principles of service and identifies the agencies that will be coordi- Lucille Beavers took an active part in her generosity through her numerous contributions nated by the project, certifies that there has church and community. As a faithful member and strong commitment to the community. been appropriate consultation with all af- of the Cosmopolitan Community Church, Mrs. Georgia Lee O'Quinn Brown embodies the fected agencies, and describes the outcome measures that will be used to evaluate the Beavers actively joined the August Club where North Carolina values my constituents hold program. The grant recipient must con- she faithfully served her fellow man. dear, and I want to take this opportunity to tribute a percentage of matching funds to Lucille Beavers was a loving wife, devoted share with my colleagues in the U.S. House of the project and submit an annual report to mother, sister, aunt and friend who will be Representatives the outstanding contributions the Attorney General describing the activi- deeply missed. My fellow colleagues, please of this fine American.

VerDate 112000 05:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A26OC8.045 pfrm04 PsN: E27PT1 E1962 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2000 TRIBUTE TO 16TH LOGISTICS of Khalistan's declaration of independence Council of Khalistan in its effort to expedite GROUP, HURLBURT FIELD, FLOR- from India. the liberation of Khalistan. IDA Dr. Gurmit Singh Aulakh, who is the Presi- ‘‘It is appropriate that the convention opened on the anniversary of Khalistan’s dent of the Council of Khalistan, has been a declaration of independence,’’ Dr. Aulakh HON. JOE SCARBOROUGH tireless advocate for his people and has made said. He noted that Sikhs ruled Punjab until OF FLORIDA himself a well-known presence in the halls of 1849 when the British forcibly annexed it IN THE HOUSE OF REPRESENTATIVES Congress by his persistence over the last thir- into British India. No Sikh representative teen years or so. He also fights for human has ever signed the Indian constitution. Thursday, October 26, 2000 rights of Christians, Muslims, and anyone else Thousands of Sikhs languish in prisons Mr. SCARBOROUGH. Mr. Speaker, today I who is being oppressed by India. His tireless without charge or trial, according to Am- nesty International. Between 1993 and 1994, am proud to recognize the United States Air efforts have helped to keep this issue alive, 50,000 Sikhs were made to disappear by In- Force's 16th Logistics Group for receiving the and I salute him for this work. His struggle dian forces. More than 250,000 Sikhs have Year 2000 Department of Defense Mainte- merits our support. been killed since 1984. Over 200,000 Christians nance Award. Mr. Speaker, I submit the Council of have been killed since 1947 and over 70,000 Each year, the Secretary of Defense recog- Khalistan's press release on its convention for Kashmiri Muslims have been killed since nizes outstanding achievements in military the RECORD. 1988. In March, during President Clinton’s visit to India, the Indian government mur- equipment and weapon system maintenance [Council of Khalistan, Press Release, Oct. 10, by intermediate and organizational level main- dered 35 Sikhs in the village of Chithi 2000] Singhpora, Kashmir. Two independent inves- tenance organizations of the Military Services. COUNCIL INTERNATIONAL CONVENTION VERY tigations and an Amnesty International re- The purpose of this awards program is to SUCCESSFUL—DELEGATES VERY ENTHUSI- port have confirmed the government’s re- improve material readiness, improve efficiency ASTIC AND UPBEAT sponsibility. The Indian Supreme Court de- and reduce waste by encouraging innovative FREE KHALISTAN ESSENTIAL FOR SURVIVAL OF scribed the situation in Punjab as ‘‘worse management and use of resources, provide SIKH NATION than a genocide.’’ ‘‘India is on the verge of disintegration,’’ recognition of below depot-level maintenance WASHINGTON, D.C., October 10, 2000—The said Dr. Aulakh. ‘‘Kashmir is going to be programs, aid development of competitive pro- annual convention of the Council of free. Khalistan will also be free during this grams, and enhance maintenance awareness Khalistan, held this weekend in Fort Lauder- decade, by the grace of Guru. Guru gave sov- dale, Florida, was very successful. Delegates throughout the Department of Defense. ereignty to the Sikh Nation,’’ he said. ‘‘This came from all over the United States, Can- In recognition of the contribution mainte- convention was a step forward in that ef- ada, and the United Kingdom. The delegates nance makes to keeping our forces ready and fort.’’ to sustaining them in conflict, the Secretary of were very enthusiastic and their spirit was very upbeat (charhdi kala). They expressed f Defense has chosen to honor the 16th Logis- appreciation for the work of the Council of tics Group for their exceptional unit mainte- Khalistan, the government pro tempore of TRIBUTE TO DAVID FOSTER ON nance accomplishment. Khalistan, the Sikh homeland that was de- HIS RECEIVING THE ALBERT The 16th Logistics Group is the Air Force's clared independent on October 7, 1987. SCHWEITZER LEADERSHIP largest logistics group and performs mainte- Very candid discussion was held con- AWARD nance on several different airframes. The cerning the Sikh Nation and its struggle for group's men and women outperformed their independence. The delegates agreed that the HON. TOM LANTOS competition by achieving an impressive 80 liberation of Khalistan is essential for the survival of the Sikh Nation. The delegates OF CALIFORNIA percent mission-capable rate, among other ac- agreed to contribute one (1) percent of their IN THE HOUSE OF REPRESENTATIVES complishments. The 16th generated the two annual incomes to the Washington office and Thursday, October 26, 2000 most important combat missions of the Balkan to ask others to do the same. conflict and continued to focus on reducing Delegates passed resolutions calling for the Mr. LANTOS. Mr. Speaker, I rise today to total ownership costs through innovative and liberation of the Sikh homeland, Khalistan, pay tribute to David Foster on the occasion of practical programs. Mobilizing over 120 times through a Shantmai Morcha (peaceful agita- his receipt of the Albert Schweitzer Leadership in 12 months for an unprecedented 75 contin- tion), for self-determination, demanding the Award. This prestigious award is given annu- gencies and exercises worldwide, the group release of political prisoners in Punjab, call- ally by the Hugh O'Brian Youth Leadership ing for the formation of a Khalsa Raj Party led first-in, last-out operations in the Balkans, Foundation (HOBY) to individuals who have in Punjab, condemning the Sikh Youth of distinguished themselves through public serv- capping more than 6 years of continuous pres- America for inviting Simranjit Singh Mann ence in that theater. to their convention, and many others. The ice and who have contributed significantly to This award recognizes the professionalism delegates decided that next year’s conven- the education and motivation of youth. The and commitment to service by the men and tion will be held on Columbus Day weekend, award is named after the famous doctor, him- women of the 16th Logistics Group. My con- 2001, in Atlanta, Georgia. self a great humanitarian, who made a lasting gratulations go to the Air Force's 16th Logis- Dr. Gurmit Singh Aulakh, President of the impression on Hugh O'Brian during a visit to tics Group for these significant contributions. Council of Khalistan, expressed satisfaction Schweitzer's African clinic. It was there that at the success of the convention. ‘‘I would f Dr. Schweitzer expounded to Mr. O'Brian his like to thank everyone who helped to make philosophy of the importance of motivating our this convention so successful,’’ he said, ‘‘es- CONGRATULATIONS TO THE youth. Simply stated, Dr. Schweitzer believed COUNCIL OF KHALISTAN pecially the Fort Lauderdale Gurdwara and Sardar Manmohan Singh Randhawa, who that, ``the most important thing in education is took all the reservations and helped to orga- to teach young people to think for them- HON. JOHN T. DOOLITTLE nize the convention. The success of this con- selves.'' OF CALIFORNIA vention and the fact that people came from Almost immediately after returning from his great distances to be there send a strong IN THE HOUSE OF REPRESENTATIVES visit with Dr. Schweitzer, Hugh O'Brian initi- message to the Indian government that ated the HOBY program to put that philosophy Thursday, October 26, 2000 Sikhs demand an independent, sovereign into practice. In the beginning HOBY ran lead- Mr. DOOLITTLE. Mr. Speaker, earlier this Khalistan,’’ he said. ership seminars for high school sophomores in Other resolutions that were passed at the month, the Council of Khalistan held its inter- conventions included resolutions demanding Los Angeles, and eventually expanded to national convention in Fort Lauderdale, Flor- that human-rights groups be allowed to oper- three-day seminars across the country. Each ida. The Council of Khalistan leads the peace- ate in Punjab, where they have not been al- year over 20,000 students participate in HOBY ful struggle to liberate the Sikh homeland, lowed since 1978, nominating Dr. Aulakh for programs that are designed to implement Dr. Punjab, Khalistan. I would like to congratulate the Nobel Peace Prize, naming Dr. Aulakh Schweitzer's philosophy, teaching young peo- the Council on a very successful convention. Khalistan Man of the Year 2000, calling on ple to think for themselves. Over the years Delegates came from all around the United all Gurdwaras to support the freedom strug- many great humanitarians have received the States, Canada, and even as far away as gle, demanding leaders with vision, appre- Albert Schweitzer Leadership award, and now ciating the Council of Khalistan, to raise Great Britain. They engaged in extensive dis- money for the Council’s office, and urging another distinguished name can be added to cussion of plans to liberate Khalistan, and they Sikhs and youth to get involved in the polit- that list, the musical genius and extraordinary passed resolutions for independence, human ical process. A committee was formed to find humanitarian David Foster. rights, and self-determination. The convention new leadership if anything should happen to Mr. Speaker, David Foster rose to promi- opened on October 7, which is the anniversary Dr. Aulakh and also support and advise the nence in the music scene in 1973, when his

VerDate 112000 05:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26OC8.050 pfrm04 PsN: E27PT1 October 27, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E1963 band Skylark scored a top ten hit with their community, he will leave a legacy of civic placed from their homes to become refugees song ``Wildflower,'' and he has been actively commitment that spans several generations. within their own country and surrounding na- involved in the music industry since that time. As I think back, it seems as though Roy was tions. Mr. Foster quickly became a highly sought always at the kitchen table, sharing a cup of The National Islamic Front government of after session musician, performing with the coffee as we pondered the great, and not so Sudan is steadfast in its efforts to oppress and likes of John Lennon, George Harrison, Diana great, questions of the day. His voice pro- even eliminate the predominantly Christian Ross, Rod Stewart, and Barbra Streisand, voked, illuminated and motivated us. Day in and animist southern Sudanese people. Slav- among others. He turned his attention to song- and day out, for 39 wonderfully full years, his ery of children and adults is rampant, and writing and production, where he achieved ex- has been a voice of passion and compassion, forced conversion of the Islamic faith is re- traordinary success. David Foster has been of humility and humor. ported to be commonplace, as is the arrest of nominated for 42 Grammy Awards, winning an While Roy is rooted firmly in the challenges individuals for their religious beliefs. astounding 14 times. Over the years his work facing the South Shore, his work has been While the United Nations established Oper- has encompassed just about every style of anything but parochial. A Quincy native, he ation Lifeline Sudan in 1989 to address the music including Rock, Rhythm and Blues, started at WJDA in 1959 after a tour of duty humanitarian crisis in the South, the Islamic Pop, Soul, Country, Jazz and Classical. in Korea. Along the way, he's covered space government has consistently interfered with Of course, Mr. Speaker, David Foster is not launches, interviewed Presidents, and an- delivery of food and medicine into southern being honored with the Albert Schweitzer nounced the America's Cup. He does his Sudan, including the Nuba Mountains and the Leadership Award for his musical talents, but homework, then weaves the local with the na- Upper and Blue Nile regions. In fact, one of because he has used these immense talents tional in ways that helps others better under- the fundamental problems with the current Op- to help others. He was instrumental in assem- stand the world around us. That's why Roy eration Lifeline Sudan relief effort is that the bling popular Canadian recording artists Bryan has been recognized by his professional peers U.N. has given the government of Sudan veto Adams, Joni Mitchell, Neil Young, and Gordon for excellence in radio documentary. Roy asks power over relief efforts. In addition, govern- Lightfoot to record ``Tears Are Not Enough,'' a a good question, and gets a direct answer. ment troops have bombed international relief song he co-wrote to bring attention to the For those of us accustomed to how his voice sites, schools, and other civilian areas in the plight of famine victims in Africa in the 1980's has educated his audience, it's heartening to south in an attempt to disrupt distribution of and to raise funds for their relief. He also was sense the growing national thirst for straight desperately needed humanitarian supplies. involved in the writing and the production of talk these days in other public arenas. Roy There is a severe drought in the Horn of Afri- the entertainment industry's salute to the has taught us that it is possible to dissect a ca, and the World Food Program has esti- United States troops serving in the Persian public issue without dissembling his guest; to mated that nearly 2 million Sudanese will re- Gulf, ``Voices that Care.'' To date, Voices that get to the heart of a problem without going for quire food aid this year, but international relief Care has donated over one million dollars to someone's jugular; and to cut through double- efforts are being prohibited, disrupted and the Red Cross and the U.S.O. talk without coarsening the tone of public de- even bombed by the Sudanese government in In addition to his involvement in these wor- bate. And in the Quincy tradition, he has also an attempt to bring the non-Muslim populace thy endeavors, he established the David Fos- taken the time to give back to his community of Sudan to heel. ter Foundation, which assists families of chil- in countless other ways, as honors from the S. 1453, as amended by the House, ad- dren in need of organ transplants. According Quincy Jewish War Veterans and the Scituate dresses the most egregious aspects of this to the most recent figures, the David Foster Rotary can attest. conflict. The Sudan Peace Act condemns vio- Foundation has raised several million dollars As his distinguished career soon comes to lations of human rights on both sides of the and assisted hundreds of children and their a pause, many of Roy's loyal listeners will conflict and the ongoing slave trade in the families as they go through the horrific ordeal continue to hear his voice: a comforting bari- Sudan. In addition, this legislation calls for re- of an organ transplant. David also has directly tone, a voice of reason and mutual respect forming relief efforts, like Operation Lifeline involved himself with other charitable organi- and love of lifeÐin short, the voice of the Sudan that are being manipulated by the Su- zations such as the Race to Erase MS, the South Shore. danese government as a ``weapon of war'' Andrew Agassi Foundation, Malibu High f against its people, in order to ensure delivery School Scholarship Program, and Cedars- of humanitarian aid to the civilian population. Sinai Research for Women's Cancer, among S. 1453, THE SUDAN PEACH ACT In addition, it is already evident that the gov- others. ernment of Sudan is using investment in their Mr. Speaker, David Foster is the personi- HON. J.C. WATTS, JR. oil industry to fund their continued attacks, or fication of charitable generosity. His tireless ef- OF OKLAHOMA jihad, on the non-Muslim civilian population. forts on behalf of humanitarian causes is a IN THE HOUSE OF REPRESENTATIVES The Sudan Peace Act would also prohibit trait all of us can admire. I invite my col- Sudan, or entities doing business in Sudan, leagues to join me in honoring him on the oc- Thursday, October 26, 2000 from raising funds in U.S. capital markets. I casion of his receiving the Albert Schweitzer Mr. WATTS of Oklahoma. Mr. Speaker, as want to commend the President for taking a Leadership Award. a sponsor of the House companion bill, H.R. moral stand in this conflict back in 1997, and f 2906, I submit the following statement in writ- urge my colleagues to build on the Administra- ing in strong support of S. 1453, The Sudan tion's efforts by passing S. 1453 today to cod- THE RETIREMENT OF ROY LIND Peace Act. ify the economic sanctions put in place by I regret that I was unable to be here to Presidential Directive in November of 1997. HON. WILLIAM D. DELAHUNT speak on the floor in support of this essential Mr. Speaker, I ask my colleagues to stand OF MASSACHUSETTS legislation. As some know, my father's health against state-sanctioned enslavement and reli- IN THE HOUSE OF REPRESENTATIVES is precarious at this time, and I needed to be gious persecution by passing the House at his side yesterday, supporting him and the amendments to S. 1453. We must ensure that Thursday, October 26, 2000 other members of my family. I appreciate the every effort is made to get humanitarian aid to Mr. DELAHUNT. Mr. Speaker, in this era of consideration of the House to accept this a starving populace. The IGAD peace process visual images and electronic cacophony, a statement into the Record. must be encouraged, and the fundamental great many people yearn for a voice of wis- This bill addresses a devastating situation in human rights of the men, women and children dom. A voice of calm and common sense. For the largest country on the continent of Africa. of Sudan must be protected. I urge my col- a great many years, residents of Quincy, MA, The Sudan has been at war for decades, and leagues on both sides of the Hill to support have been blessed with such a voiceÐthat of two million lives have been lost in the last ten the House-amended S. 1453, The Sudan Roy Lind of radio station WJDA. When Roy years alone due to war-related causes and Peace Act, and send this bill to the President retires soon, after decades of leadership in our famine, while millions more have been dis- for signature before recessing this session.

VerDate 112000 05:21 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K26OC8.004 pfrm04 PsN: E27PT1 Friday, October 27, 2000 Daily Digest

HIGHLIGHTS Senate passed Continuing Resolution. Senate agreed to District of Columbia Appropriations Conference Report. The House passed H.J. Res. 117, Making Further Continuing Appropria- tions. Senate waiver of a filing deadline for appeal from a ruling Chamber Action relating to her application for a survivor annuity, Routine Proceedings, pages S11193–S11294 and the bill was then passed, clearing the measure Measures Introduced: Nine bills and one resolu- for the President. Pages S11269±70 tion were introduced, as follows: S. 3252–3260, and HMT Rohna Service Member Appreciation: Sen- S. Res. 383. Page S11252 ate agreed to H. Con. Res. 408, expressing apprecia- Measures Reported: tion for the United States service members who were Report to accompany S. 870, to amend the In- aboard the British transport HMT Rohna when it spector General Act of 1978 (5 U.S.C. App.) to in- sank, the families of these service members, and the crease the efficiency and accountability of Offices of rescuers of the HMT Rohna’s passengers and crew. Inspector General within Federal departments. (S. Page S11270 Rept. No. 106–510) Page S11252 National Moment of Remembrance Act: Com- Measures Passed: mittee on the Judiciary was discharged from further Continuing Resolution: By 86 yeas to 3 nays consideration of S. 3181, to establish the White (Vote No. 290 ), Senate passed H.J. Res 117, mak- House Commission on the National Moment of Re- ing further continuing appropriations for the fiscal membrance, and the bill was then passed. year 2001, clearing the measure for the President. Pages S11270±72 Pages S11206, S11242 William Clark Posthumous Promotion: Senate Private Relief: Senate passed H.R. 848, for the passed H.R. 3621, to provide for the posthumous relief of Sepandan Farnia and Farbod Farnia, clearing promotion of William Clark of the Commonwealth the measure for the President. Page S11269 of Virginia and the Commonwealth of Kentucky, co- Private Relief: Senate passed H.R. 3184, for the leader of the Lewis and Clark Expedition, to the relief of Zohreh Farhang Ghahfarokhi, clearing the grade of captain in the Regular Army, clearing the measure for the President. Page S11269 measure for the President. Page S11272 Private Relief: Senate passed H.R. 3414, for the Establishment of Peace and Sharing Day: Com- relief of Luis A. Leon-Molina, Ligia Padron, Juan mittee on the Judiciary was discharged from further Leon Padron, Rendy Leon Padron, Manuel Leon consideration of S. Con. Res. 138, expressing the Padron, and Luis Leon Padron, clearing the measure sense of Congress that a day of peace and sharing for the President. Page S11269 should be established at the beginning of each year, Private Relief: Senate passed H.R. 5266, for the and the resolution was then agreed to. relief of Saeed Rezai, clearing the measure for the Pages S11272±73 President. Page S11269 Senate National Security Working Group: Sen- Private Relief: Committee on Governmental Af- ate agreed to S. Res. 383, extending the authorities fairs was discharged from further consideration of relating to the Senate National Security Working H.R. 660, for the private relief of Ruth Hairston by Group. Pages S11273±74 D1139

VerDate 11-MAY-2000 05:20 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC0.REC pfrm04 PsN: D27OC0 D1140 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2000 Las Cienegas National Conservation Area Es- Hamilton Grange Relocation: Senate passed H.R. tablishment Act: Senate passed H.R. 2941, to estab- 5478, to authorize the Secretary of the Interior to ac- lish the Las Cienegas National Conservation Area in quire by donation suitable land to serve as the new the State of Arizona, clearing the measure for the location for the home of Alexander Hamilton, com- President. Page S11274 monly known as the Hamilton Grange, and to au- Virginia Wilderness Areas: Senate passed H.R. thorize the relocation of the Hamilton Grange to the 4646, to designate certain National Forest System acquired land, clearing the measure for the Presi- lands within the boundaries of the State of Virginia dent. Page S11276 as wilderness areas, clearing the measure for the Lower Rio Grande Valley Water Resources Con- President. Page S11274 servation and Improvement Act: Committee on En- Nevada/California Land Conveyance: Com- ergy and Natural Resources was discharged from fur- mittee on Energy and Natural Resources was dis- ther consideration of S. 1761, to direct the Secretary charged from further consideration of S. 2751, to di- of the Interior, through the Bureau of Reclamation, rect the Secretary of Agriculture to convey certain to conserve and enhance the water supplies of the land in the Lake Tahoe Basin Management Unit, Lower Rio Grande Valley, and the bill was then Nevada, to the Secretary of the Interior, in trust for passed, after agreeing to the following amendment the Washoe Indian Tribe of Nevada and California, proposed thereto: Page S11276 and the bill was then passed, after agreeing to the Hatch (for Murkowski) Amendment No. 4352, in following amendment proposed thereto: the nature of a substitute. Page S11276 Pages S11274±75 California Water Contracts: Senate passed H.R. Hatch (for Murkowski/Bingaman) Amendment 1235, to authorize the Secretary of the Interior to No. 4350, in the nature of a substitute. enter into contracts with the Solano County Water Pages S11274±75 Agency, California, to use Solano Project facilities for Upper Housatonic National Heritage Area impounding, storage, and carriage of nonproject Study Act: Senate passed H.R. 4312, to direct the water for domestic, municipal, industrial, and other Secretary of the Interior to conduct a study of the beneficial purposes, clearing the measure for the suitability and feasibility of establishing an Upper President. Page S11276 Housatonic Valley National Heritage Area in the Congressional Recognition for Excellence in Arts State of Connecticut and the Commonwealth of Mas- Education Act: Committee on Governmental Affairs sachusetts, clearing the measure for the President. was discharged from further consideration of S. Pages S11274±75 2789, to amend the Congressional Award Act to es- Gulf Islands National Seashore Boundaries: tablish a Congressional Recognition for Excellence in Committee on Energy and Natural Resources was Arts Education Board, and the bill was then passed, discharged from further consideration of S. 2638, to after agreeing to the following amendment proposed adjust the boundaries of the Gulf Islands National thereto: Page S11278 Seashore to include Cat Island, Mississippi, and the Hatch (for Cochran) Amendment No. 4353, in bill was then passed, after agreeing to the following the nature of a substitute. Page S11278 amendment proposed thereto: Page S11275 National Energy Security Act: Senate withdrew a Hatch (for Murkowski/Bingaman) Amendment motion to proceed to consideration of S. 2557, to No.4351, in the nature of a substitute. Page S11275 protect the energy security of the United States and Lake Tahoe Restoration Act: Senate passed H.R. decrease America’s dependency on foreign oil sources 3388, to promote environmental restoration around to 50 percent by the Year 2010 by enhancing the the Lake Tahoe basin, clearing the measure for the use of renewable energy resources, conserving energy President. Page S11275 resources, improving energy efficiencies, and increas- Washington-Rochambeau Revolutionary Route ing domestic energy supplies, mitigating the effect National Heritage Act: Senate passed H.R. 4794, to of increases in energy prices on the American con- require the Secretary of the Interior to complete a re- sumer, including the poor and the elderly. source study of the 600 mile route through Con- Page S11205 necticut, Delaware, Maryland, Massachusetts, New Subsequently, Senate began consideration of a mo- Jersey, New York, Pennsylvania, Rhode Island, and tion to proceed to consideration of the bill. Virginia, used by George Washington and General Page S11206 Rochambeau during the American Revolutionary American Embassy Security Act/Bankruptcy Re- War, clearing the measure for the President. form Act Conference Report: Senate began consid- Page S11276 eration of the conference report on H.R. 2415, to

VerDate 11-MAY-2000 05:20 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC0.REC pfrm04 PsN: D27OC0 October 27, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1141 enhance security of United States missions and per- State of Oregon and use the proceeds derived from sonnel overseas, to authorize appropriations for the the sale or exchange for National Forest System pur- Department of State for fiscal year 2000. (On Octo- poses, clearing the measure for the President. ber 11, 2000, the H.R. 2415 conference committee Pages S11276±78 struck all of the House bill after the enacting clause Irrigation Mitigation and Restoration Partner- and inserted the provisions of S. 3186, the Bank- ship Act: Senate concurred in the amendments of ruptcy Reform Act of 2000). Page S11205 the House to the Senate amendments to H.R. 1444, During consideration of this measure today, Senate to authorize the Secretary of the Interior to establish also took the following action: a program to plan, design, and construct facilities to By 87 yeas to 1 nay, and 1 responding present mitigate impacts associated with irrigation system (Vote No. 288), Senate agreed to a motion to pro- water diversions by local governmental entities in ceed to consideration of the conference report. the Pacific Ocean drainage of the States of Oregon, Page S11205 Washington, Montana, and Idaho, clearing the meas- DC/Commerce/Justice/State Appropriations Act ure for the President. Pages S11276±78 Conference Report: By 49 yeas to 42 nays (Vote Federal Courts Improvement Act: Senate con- No. 289), Senate agreed to the conference report on curred in the amendments of the House to S. 2915, H.R. 4942, making appropriations for the govern- to make improvements in the operation and admin- ment of the District of Columbia and other activities istration of the Federal courts, clearing the measure chargeable in whole or in part against the revenues for the President. Page S11278 of said District for the fiscal year ending September 30, 2001, and making appropriations for the Depart- Messages From the House: Page S11250 ments of Commerce, Justice, and State, the Judici- Communications: Pages S11250±52 ary, and Related Agencies Appropriations for the fis- Statements on Introduced Bills: Pages S11252±58 cal year ending September 30, 2001, clearing the measure for the President. Pages S11230±41 Additional Cosponsors: Page S11258 Continuing Resolutions Agreement: A unani- Amendments Submitted: Pages S11258±62 mous-consent agreement was reached providing for Additional Statements: Pages S11246±50 the consideration of H.J. Res. 118, making further Record Votes: Three record votes were taken today. continuing appropriations for the fiscal year 2001 on (Total—290) Pages S11205, S11241±42 Saturday, October 28, 2000, and H.J. Res. 119, making further continuing appropriations for the fis- Recess: Senate convened at 9:31 a.m., and recessed cal year 2001 on Sunday, October 29, 2000, with at 7:54 p.m., until 9:30 a.m., on Saturday, October votes to occur thereon. Page S11242 28, 2000. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on Bend Pine Nursery Land Conveyance Act: Senate page S11242.) concurred in the amendment of the House to S. 1936, to authorize the Secretary of Agriculture to sell or exchange all or part of certain administrative Committee Meetings sites and other National Forest System land in the No committee meetings were held.

VerDate 11-MAY-2000 05:20 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC0.REC pfrm04 PsN: D27OC0 D1142 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2000 House of Representatives Relief of Guy Taylor: The House passed S. 2000, Chamber Action for the relief of Guy Taylor—clearing the measure Bills Introduced: 12 public bills, H.R. 5586–5597; for the President. Page H11361 2 private bills, H.R. 5598–5599; and; 4 resolutions, Relief of Tony Lara: The House passed S. 2002, H. Res. 657–660, were introduced. Pages H11445±46 for the relief of Tony Lara—clearing the measure for Reports Filed: Reports were filed today as follows: the President. Pages H11361±62 H.R. 4144, to provide for the allocation of inter- Relief of Malia Miller: The House passed S. est accruing to the Abandoned Mine Reclamation 2019, for the relief of Malia Miller—clearing the Fund, amended (H. Rept. 106–1014 Pt. 1). measure for the President. Page H11362 Page H11445 Private Calendar: Pursuant to the order of Friday, Relief of Jose Guadalupe Tellez Pinales: The October 27, the House called up the bills on the House passed S. 2289, for the relief of Jose Guada- Private Calendar: lupe Tellez Pinales—clearing the measure for the President. Page H11362 Relief of Wei Jingsheng: The House passed S. 11, for the relief of Wei Jingsheng—clearing the meas- Further Continuing Appropriations Resolutions: The House passed H.J. Res. 117, making further ure for the President. Page H11360 continuing appropriations for the fiscal year 2001 by Relief of Marina Khalina and Her Son, Albert a yea and nay vote of 366 yeas to 13 nays, Roll No. Mifakhov: S. 150, for the relief of Marina Khalina 563. Pages H11362±68 and her son, Albert Mifakhov—clearing the measure H. Res. 646, the rule that provided for consider- for the President. Page H11360 ation of the joint resolution was agreed to on Oct. Relief of Alexandre Malofienko, Olga Matsko, 25, 2000. and their son, Vladimir Malofienko: The House Refusals to Comply with Subpoenas Issued by passed over without prejudice, S. 199, for the relief the Committee on Resources: Chairman Young of of Alexandre Malofienko, Olga Matsko, and their Alaska rose to a question of the privileges of the son, Vladimir. Page H11360 House and by direction of the Committee on Re- Relief of Sergio Lozano, Faurico Lozano and sources called up, H. Rept. 106–801, pertaining to Ana Lozano: The House passed S. 276, for the relief the refusals to comply with subpoenas issued by the of Sergio Lozano, Faurico Lozano and Ana Lozano— Committee on Resources. Subsequently, by direction clearing the measure for the President. Page H11360 of the Committee, Chairman Young offered a privi- Relief of Frances Schochenmaier: The House leged resolution, H. Res. 657, directing the Speaker passed S. 785, for the relief of Frances to certify the report of the Committee on Resources Schochenmaier—clearing the measure for the Presi- to the United States Attorney for the District of Co- dent. Pages H11360±61 lumbia. Subsequently, Chairman Young offered an Relief of Mina Vahedi Notash: The House passed amendment in the nature of a substitute to the reso- S. 869, for the relief of Mina Vahedi Notash—clear- lution and asked that the question on adoption of ing the measure for the President. Page H11361 the resolution be divided within section 2 so that re- fusal of each of the 3 named individuals be voted on Relief of Mrs. Elizabeth Eka Bassey and Her separately. At the conclusion of debate, the resolu- Children, Emmanuel, Jacob, and Mary: The House tion was withdrawn. Pages H11368±98 passed S. 1078, for the relief of Mrs. Elizabeth Eka Bassey and her children, Emmanuel O. Paul Bassey, Suspensions: The House agreed to suspend the rules Jacob Paul Bassey, and Mary Idongesit Paul and pass the following measures debated on Oct. 26: Bassey—clearing the measure for the President. International Malaria Control: S. 2943, amend- Page H11361 ed, to authorize additional assistance for inter- Relief of Jacqueline Salinas and Her Children, national malaria control, and to provide for coordina- Gabriela, Alejandro, and Omar: The House passed tion and consultation in providing assistance under S. 1513, for the relief of Jacqueline Salinas and her the Foreign Assistance Act of 1961 with respect to children Gabriela Salinas, Alejandro Salinas, and malaria, HIV, and tuberculosis (passed by a yea and Omar Salinas—clearing the measure for the Presi- nay vote of 385 yeas to 2 nays, Roll No. 564). dent. Page H11361 Agreed to amend the title; Page H11399

VerDate 11-MAY-2000 05:20 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC0.REC pfrm04 PsN: D27OC0 October 27, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1143 Cardiac Arrest Survival: Agree to the Senate cility of the United States Postal Service located at amendment to H.R. 2498, to amend the Public 1601–1 Main Street in Jacksonville, Florida, as the Health Service Act to provide for recommendations ‘Eddie Mae Steward Post Office’. Agreed to amend of the Secretary of Health and Human Services re- the title. Page H11405 garding the placement of automatic external defibrillators in Federal buildings in order to im- Motions to Instruct Conferees: Representatives prove survival rates of individuals who experience DeLauro and Lowey notified the House of their in- cardiac arrest in such buildings, and to establish pro- tention to offer motions to instruct conferees on tections from civil liability arising from the emer- H.R. 4577, Labor, HHS, and Education Appropria- gency use of the devices (passed by a recorded vote tions on Saturday, Oct. 28. Page H11405 of 384 ayes to 2 noes, Roll No. 565); Senate Messages: Messages received from the Senate Pages H11399±H11400 appear on pages H11359–60 and H11421. Release of Findings by FERC Concerning the Referrals: S. 3045 was referred to the Committee on Electricity Crisis in California: H. Res. 650, ex- Judiciary. Page H11442 pressing the sense of the House with respect to the Quorum Calls Votes: Two yea-and-nay votes and release of findings and recommendations by the Fed- eral Energy Regulatory Commission regarding the five recorded votes developed during the proceedings of the House today and appear on pages electricity crisis in California; Page H11400 H11367–68, H11399, H11399–H11400, Fire Administration Authorization: H. Res. H11400–01, H11401–02, H11402, and 655, providing for the consideration of the bill H.R. H11402–03. There were no quorum calls. 1550, to authorize appropriations for the United States Fire Administration for fiscal years 2000 and Adjournment: The House met at 9 a.m. and ad- 2001 and the Senate amendment thereto (passed by journed at 6:56 p.m. a recorded vote of 384 ayes to 5 noes, Roll No. 566); Pages H11400±01 Committee Meetings Reports Consolidation Act: S. 2712, to amend chapter 35 of title 31, United States Code, to au- No Committee meetings were held. thorize the consolidation of certain financial and per- f formance management reports required of Federal agencies (passed by a recorded vote of 385 ayes with NEW PUBLIC LAWS none voting ‘‘no’’, Roll No. 567) clearing the meas- (For last listing of Public Laws, see DAILY DIGEST, p. D1137) ure for the President; Pages H11401±02 H.J. Res. 116, making further continuing appro- Ronald W. Reagan Post Office Building, West priations for the fiscal year 2001. Signed October Melbourne, Florida: H.R. 5309, to designate the fa- 26, 2000. (P.L. 106–359) cility of the United States Postal Service located at f 2305 Minton Road in West Melbourne, Florida, as the ‘Ronald W. Reagan Post Office Building’ CONGRESSIONAL PROGRAM AHEAD (passed by a recorded vote of 376 ayes to 8 noes, Roll No. 568); Page H11402 Week of October 30 through November 4, 2000 Robert S. Walker Post Office Millersville, Penn- sylvania: S. 3194, to designate the facility of the Senate Chamber United States Postal Service located at 431 North During the week, Senate expects to consider the George Street in Millersville, Pennsylvania, as the Conference Report on H.R. 4577, Labor/HHS/Edu- ‘Robert S. Walker Post Office’ (passed by a recorded cation Appropriations, and any other cleared legisla- vote of 379 ayes to 7 noes, Roll No. 569); tive and executive business. Pages H11402±03 Arthur ‘Pappy’ Kennedy Post Office, Orlando, Senate Committees Florida: H.R. 4399, amended, to designate the fa- No meetings/hearings scheduled. cility of the United States Postal Service located at 440 South Orange Blossom Trail in Orlando, Flor- House Chamber ida, as the ‘Arthur ‘‘Pappy’’ Kennedy Post Office’. To be announced. Agreed to amend the title. Page H11405 Eddie Mae Steward Post Office, Jacksonville, House Committees Florida: H.R. 4400, amended, to designate the fa- No Committee Meetings are scheduled.

VerDate 11-MAY-2000 05:20 Oct 28, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC0.REC pfrm04 PsN: D27OC0 D1144 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Saturday, October 28 9 a.m., Saturday, October 28

Senate Chamber House Chamber Program for Saturday: Senate will consider H.J. Res. Program for Saturday: Consideration of H.J. Res. 118, 118, making further continuing appropriations for the Making Further Continuing Appropriations (closed rule, fiscal year 2001, with a vote to occur thereon. Also, Sen- one hour of debate); and ate may consider any other cleared legislative and execu- Consideration of motions to instruct conferees on H.R. tive business. 4577, Labor, HHS, and Education Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Etheridge, Bob, N.C., E1961 Scarborough, Joe, Fla., E1962 Gilman, Benjamin A., N.Y., E1959 Watts, J.C., Jr., Okla., E1963 Delahunt, William D., Mass., E1963 Hyde, Henry J., Ill., E1959 Doolittle, John T., Calif., E1962 Rush, Bobby L., Ill., E1961

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