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

Vol. 146 WASHINGTON, WEDNESDAY, APRIL 12, 2000 No. 46 House of Representatives The House met at 10 a.m. and was PLEDGE OF ALLEGIANCE So please join me in welcoming Rev- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the erend Chip Lingle. pore (Mr. LATOURETTE). gentleman from New York (Mr. f f MCNULTY) come forward and lead the ANNOUNCEMENT BY THE SPEAKER DESIGNATION OF THE SPEAKER House in the Pledge of Allegiance. PRO TEMPORE PRO TEMPORE Mr. MCNULTY led the Pledge of Alle- giance as follows: The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the Chair will entertain 10 one-minute re- fore the House the following commu- United States of America, and to the Repub- quests from each side of the aisle. nication from the Speaker: lic for which it stands, one nation under God, Members are reminded to refrain WASHINGTON, DC, indivisible, with liberty and justice for all. from references to those spectators in April 12, 2000. f the gallery. I hereby appoint the Honorable STEVEN C. f LATOURETTE to act as Speaker pro tempore WELCOMING REVEREND CHIP on this day. LINGLE TO THE HOUSE OF REP- WAR AGAINST J. DENNIS HASTERT, RESENTATIVES METHAMPHETAMINE ACT OF 2000 Speaker of the House of Representatives. (Mr. KINGSTON asked and was given (Mr. CALVERT asked and was given f permission to address the House for 1 permission to address the House for 1 PRAYER minute.) minute.) Mr. KINGSTON. Mr. Speaker, it is The Reverend Chip Lingle, Faith Lu- Mr. CALVERT. Mr. Speaker, it is no with great pleasure that I introduce secret that methamphetamine has theran Church, Savannah, Georgia, of- the chaplain of today, the Reverend fered the following prayer: reached epidemic proportions in our Chip Lingle. Nation. Last year alone, we saw almost Heavenly Father, from the endless Chip comes to us from Faith Lu- 6,000 lab seizures affecting nearly every bounty of Your love for Your creation, theran Church in Savannah, the moth- State in the Nation. You provide all that we need. As Your er city of Georgia, founded in 1733. He It is time we declare war against people, we confess our trust in You, be- has been there with his wife, Ruth, for meth. This deadly drug has thousands lieving that You care for our welfare. 5 years. ‘‘In God we trust’’ we proclaim on Reverend Lingle grew up in North of innocent victims. Ordinary families our currency. Yet the people of this Carolina and did his undergraduate find their property ruined or health at Nation also put their trust in these studies at the University of North risk by the deadly chemicals used to elected representatives. We trust that Carolina in Raleigh. He received his make meth. These chemicals destroy they will do Your will and provide jus- master’s from the Lutheran Theo- soil and plants, contaminate drinking tice to ensure a quality of life that You logical Seminary of the South in Co- water, and poison the air we breathe. provide. lumbia, South Carolina and has served We know we have reached a crisis sit- Protect these honorable representa- in churches in North Carolina, South uation with meth. The statistics are tives, give them Your wisdom so that Carolina, and in Georgia. there. Forty-four States reported near- their decisions may reflect Your desire I have gotten to know the Lingle ly 6,000 meth lab seizures in 1999 alone. for Your people. Give them a quiet as- family over the past years and have be- And most disturbing, over 1,200 chil- surance and guide them in the difficult come great friends with his son Ben, dren were found during these lab sei- times. May Your will be reflected who also served as a page here. Ben zures. through them and may Your people be goes to Jenkins High School and is a We must face the problem head on. blessed by their leadership. Amen. member of the National Honor Society. My legislation does just that. The War f He is a member of the marching band Against Meth Act ensures that we stop and concert band. He is on the Mock meth production but punish those who THE JOURNAL Trial team and has been very active in would put innocent victims and the en- The SPEAKER pro tempore. The Boy Scouts and church activities and vironment in danger. Today we intro- Chair has examined the Journal of the plays in a rock and roll band called duce this bipartisan legislation with last day’s proceedings and announces Sweet Pig. over 60 cosponsors. to the House his approval thereof. Ben is also here with us today; and so Mr. Speaker, I would like to finally Pursuant to clause 1, rule I, the Jour- is Reverend Lingle’s mother, Isetta thank all the law enforcement men and nal stands approved. Lingle, who is with us in the gallery. women that are fighting this battle on

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

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. H2126 CONGRESSIONAL RECORD — HOUSE April 12, 2000 a daily basis as we declare, once again, Against Methamphetamine Act intro- it is not in order to address the person- war on meth. duced by my colleague the gentleman ality of the President or the Vice f from California (Mr. CALVERT). President of the United States. We have all heard the staggering f TAX CODE IS UNAMERICAN numbers related to meth labs across FREE AND FAIR ELECTIONS PARA- (Mr. TRAFICANT asked and was the country. The most troubling figure, MOUNT TO OUR SYSTEM OF GOV- given permission to address the House in my mind, is the number of children ERNMENT AND THOSE OF CEN- for 1 minute and to revise and extend that have been found at the lab seizure TRAL AND SOUTH AMERICA his remarks.) sites, 1,252 children at the sites. Mr. TRAFICANT. Mr. Speaker, the This legislation increases penalties (Mr. MCNULTY asked and was given Tax Code is unAmerican. It is also so related to amphetamine and creates permission to address the House for 1 big it would give King Kong a hernia. new and additional penalties for the minute and to revise and extend his re- But the bad stuff is evident. The Tax production of these dangerous drugs. marks.) Code rewards dependency, subsidizes il- This bill also establishes a national Mr. MCNULTY. Mr. Speaker, I am legitimacy, kills jobs, and chases com- center that would be created in con- pleased to yield to my friend, the gen- panies overseas. junction and coordination with the tleman from South Carolina (Mr. SAN- Now, if that is not enough to over- Drug Enforcement Agency, the L.A. FORD). load your hard drives, check this out: Clearinghouse, and the El Paso Intel- Mr. SANFORD. Mr. Speaker, I thank Experts say that the Tax Code is need- ligence Center, which is, by the way, the gentleman for yielding. ed because it modifies economic behav- located in my district. Mr. Speaker, I would just make the ior. The National Center will collect, point that, whether Republican or Beam me up. analyze, and distribute all seizure in- Democrat, a theme that our country is If the Founders wanted to modify formation sent in by law enforcement built on is the idea of free and fair elec- economic behavior, they would have officials across the country. This Na- tions. And if what is going on in Peru contracted with Sigmund Freud to tional Center will allow law enforce- right now is able to stand, then the write the Tax Code. ment officials across the country to in- Fujijmori government in Peru will be I yield back the ego, the id, and the stantly access vital information on built on unfree and unfair elections. super ego of our kinky Tax Code. these kinds of seizures. Indeed, a lot of controversy is going f I urge all my colleagues to cosponsor on right now about a young boy and this bill and support our local law en- whether he should or should not go WE NEED TO WAGE WAR AGAINST back to Castro because of freedom. If METH forcement. f we look at what is going on, again, in (Mr. GIBBONS asked and was given Peru, a cancer will start to grow that permission to address the House for 1 WILL PRESIDENT AL GORE PAR- America should be no part of. minute and to revise and extend his re- DON PRESIDENT BILL CLINTON? So I would say that, if what stands, marks.) (Mr. PITTS asked and was given per- we need to look at stripping aid from Mr. GIBBONS. Mr. Speaker, earlier mission to address the House for 1 the supplemental, we need to look at this year an illegal meth amphetamine minute and to revise and extend his re- blocking aid with the drug war, we lab exploded on the 12th floor in a hotel marks.) need to look at blocking access to in downtown Reno. Mr. PITTS. Mr. Speaker, in an edi- international financial institutions. So today, Mr. Speaker, I rise to ex- torial in today’s Washington Post, we Because free and fair elections are press my strong support for a bill hear once again that the new Inde- paramount to our system of govern- which my colleague the gentleman pendent Counsel Robert Ray is serious ment and to governments throughout from California (Mr. CALVERT) just about indicting the President after he Central and South America. spoke about and will be introducing leaves office. f today. His Working and Reacting The Post says that, ‘‘A plausible in- PASS H.R. 1070 BY THIS MOTHER’S Against Methamphetamine Act will dictment of Mr. Clinton, who has never DAY wage a full scale and meaningful war publicly acknowledged the extent of against the methamphetamine epi- his wrongdoing, could surely be (Ms. ROS-LEHTINEN asked and was demic that has spread throughout drawn.’’ given permission to address the House America. It goes on to say, ‘‘Some opponents for 1 minute and to revise and extend Mr. Speaker, last year, 1999, 44 States of impeachment argued during the con- her remarks.) reported close to 6,000 meth lab sei- gressional proceedings that Mr. Clin- Ms. ROS-LEHTINEN. Mr. Speaker, zures. Obviously, this is a growing ton’s susceptibility to criminal pros- despite education on preventive meas- problem that we must address. ecution after his term in office was a ures and early detection, the rate of The War Against Methamphetamine powerful reason not to remove him.’’ cancer among women has continued to Act will increase the penalties for pro- And the Post editorial continues in increase at an alarming rate. Every 64 ducing both amphetamine and meth- talking about disbarment and a $90,000 minutes a woman is diagnosed with re- amphetamine. The bill will also pro- fine, arguing in the end that Mr. Ray productive tract cancer. And just vide law enforcement officials with the should exercise restraint. today, one in eight women will be diag- necessary tools and resources to effec- Mr. Speaker, to me there is a more nosed with breast cancer. tively combat the meth epidemic. important question. The Associated Our colleague, the gentlewoman from We need to protect our children from Press reported yesterday the adminis- North Carolina (Mrs. MYRICK), shared the latest drug epidemic located in our tration announced that the President with us how she is among the fortunate open backyards. I encourage our col- will not pardon himself. But if the Vice who can afford life-saving treatment leagues to support the War Against President is successful in his bid to after her diagnosis. Meth Act and its multifaceted ap- succeed his boss, would he then turn We have encouraged low-income proach to closing down meth labs na- around and pardon him? mothers and daughters to have mam- tionwide. The real question is, will President mogram screenings and early detection f AL GORE pardon President Bill Clin- measures. But when these medical ton? I think he owes it to the American tests show an unfavorable diagnosis, WAR AGAINST people to explain. who is there to ensure that they re- METHAMPHETAMINE ACT f ceive the life-saving treatment they so (Mr. REYES asked and was given per- desperately need? mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, our Nation’s low-in- minute.) PRO TEMPORE come women living with breast cancer Mr. REYES. Mr. Speaker, I rise The SPEAKER pro tempore. The cannot wait any longer. H.R. 1070 gives today in strong support of the War Chair would remind all Members that the States an optional Medicaid benefit April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2127 to provide treatment to low-income b 1015 of good news from the Oklahoma Med- women screened and diagnosed with TAX CODE ical Research Foundation. breast or cervical cancer through the f CDC early detection program. (Mr. SHERMAN asked and was given METHAMPHETAMINES Mother’s Day is May 14, and the most permission to address the House for 1 valuable gift that Congress can give minute and to revise and extend his re- (Mr. BACA asked and was given per- American women is a fighting chance marks.) mission to address the House for 1 at beating cancer. I hope that my col- Mr. SHERMAN. Mr. Speaker, our minute and to revise and extend his re- leagues will work for passage of H.R. economy is important, and we need marks.) 1070 by this Mother’s Day. sound policy, not soundbites. As the Mr. BACA. Mr. Speaker, I rise in sup- tax due date approaches, what we are port of legislation introduced by the f getting is soundbites, and perhaps the gentleman from California (Mr. CAL- worst is what is going on in the Com- VERT), my colleague from the Inland mittee on Ways and Means this week Empire. As a cosponsor of the bill, I REUNIFICATION OF FATHER AND where they are considering a proposal join him in the war against meth labs. SON to delegate rewriting the Tax Code to a This bill increases penalties for drug (Ms. JACKSON-LEE of Texas asked commission, not to Members of Con- criminals and puts them out of busi- and was given permission to address gress, who are supposed to report that ness. Meth labs create harm to a lot of the House for 1 minute and to revise code out on July 4, 2004, and then our our children and our communities. It and extend her remarks.) Internal Revenue Code would, by the contaminates drinking water. It con- Ms. JACKSON-LEE of Texas. Mr. terms of this bill, expire by the end of taminates the soil in our area. Speaker, what I believe the American 2004. This means our economy will be There are more than 2,500 meth labs people would like to see as we move in total disarray. Who would invest in in the Inland Empire. That means chil- through this week is a simple reunifi- municipal bonds if they do not know if dren living at home exposed to chemi- cation of a father and a son, Elian Gon- the advantages of investing in them cals with drug dealers, your children zalez and Juan Miguel Gonzalez, with- will be swept away? Who will start an playing next to meth labs. Your out force, without violence, bringing R&D tax project if the credit is going spouses or your loved ones are at risk. the two families together, emphasizing to be swept away or might be? And who That means 13 lab fires and explosions the importance of family, helping us as would count on fiscal responsibility in in San Bernardino County last year. the American people reaffirm our val- a society that is going to give its Con- That means homes blowing up and po- ues that father and son belong to- gress just a few months to rewrite the lice being placed at risk. This is why gether. entire Tax Code after it hears from a the San Bernardino Sheriff’s Depart- I hope we, as Members of the United commission? ment supports this bill. It is time to States Congress, whose jurisdiction is What we see instead is an elaborate say no to drugs. Support this bill. not in play at this time, and appro- ruse that prevents us from reforming f priately so, will encourage the reunifi- the Tax Code one section at a time. cation of father and son, something f BREAST AND CERVICAL CANCER TREATMENT ACT that Americans have believed through- ALZHEIMER’S/OKLAHOMA MEDICAL (Ms. DUNN asked and was given per- out the centuries. RESEARCH FOUNDATION mission to address the House for 1 f (Mr. LUCAS of Oklahoma asked and minute and to revise and extend her re- was given permission to address the marks.) House for 1 minute.) WAR AGAINST Ms. DUNN. Mr. Speaker, I rise in sup- Mr. LUCAS of Oklahoma. Mr. Speak- METHAMPHETAMINE ACT port of H.R. 1070, the Breast and Cer- er, I am pleased to announce remark- vical Cancer Treatment Act. This leg- (Mr. LATHAM asked and was given able news from the great State of Okla- islation provides States the option of permission to address the House for 1 homa. Today, the Oklahoma Medical providing Medicaid coverage to unin- minute and to revise and extend his re- Research Foundation will announce a sured, low-income women who are diag- marks.) breakthrough discovery in the fight nosed with breast or cervical cancer as Mr. LATHAM. Mr. Speaker, I rise against Alzheimer’s disease. Research- part of a screening process by the Cen- today in support of the War Against ers at OMRF discovered the enzyme ters for Disease Control. Methamphetamine Act introduced which is found in our brains and which While the CDC’s National Breast and today by our colleague from California scientists believe is directly respon- Cervical Cancer Early Detection pro- (Mr. CALVERT). sible for the Alzheimer’s disease. gram helps identify women with breast In the upper Midwest in Iowa, there Not only did Oklahoma researchers or cervical cancer, it does not provide has simply been an explosion of pinpoint the cause of Alzheimer’s dis- any coverage or any treatment. These methamphetamines that is affecting ease, they have also designed a way to women patients not only face a terri- our young people, our families, our stop it. If this breakthrough can suc- fying battle with cancer but they also communities, and being the most de- cessfully be transformed into a drug, must find ways to pay for the care they structive element that we have seen in Alzheimer’s could become a manage- need. H.R. 1070 rectifies this problem many, many years. able disease, like high blood pressure, by helping low-income women get the There are four legs to fighting this diabetes, not the terminal disease we medical treatment they need. The bill problem. One is for interdiction, an- know now. This discovery will have a is vital to help save the lives of women other enforcement, education, and then profound impact, since 4 million Amer- throughout our Nation. It would make treatment. What this bill does is gives icans suffer from Alzheimer’s and an- the best gift Congress could offer if we us the tools to help with enforcement other 19 million members of their fami- were to pass H.R. 1070 by Mother’s Day. by increasing penalties for those sell- lies suffer along with them. I am pleased that this legislation soon ing, by making sure that we are able to I hope one day my kids can view Alz- will be considered on the floor of the track people who are making the heimer’s the same way my generation House. It is a good bill and will do the drugs, and by increasing penalties to views polio, a terrible disease that was job. I ask my colleagues to support this those who are causing tremendous en- conquered with scientific advances. legislation. vironmental damage with the labs that Basic research forms the building f are being put in place to make this blocks of science and medicine and this horrible drug. type of breakthrough clearly illus- TAX RELIEF This is a great measure to move us trates why the Federal Government’s (Mr. KNOLLENBERG asked and was forward in this great battle, and I investment in basic research is invalu- given permission to address the House would hope the entire House will join able. Again, I am excited to report this for 1 minute and to revise and extend in supporting this measure. and the many coming announcements his remarks.) H2128 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Mr. KNOLLENBERG. Mr. Speaker, tection for their little town. One hun- CONGRESSIONAL RECORD if offered by with a determination to save the dred years later, the town has grown the minority leader or his designee American dream for the next genera- and the company has grown from just a which shall be considered as read and tion, the Republican Congress has few men to more than 100 active and shall be separately debatable for 1 hour turned the tax-and-spend culture of associate members whose goal today is equally divided and controlled by the Washington upside down and produced the same, to provide the highest level proponent and an opponent. Finally, a balanced budget with tax cuts for the of fire and emergency medical service the rule provides for one motion to re- American people. Now that the Federal to their community. commit, with or without instructions. Government’s financial house is finally From the daunting task of fighting Mr. Speaker, with tax day arriving at in order, the big question facing Con- fires to responding to accidents and the end of this week, there is certainly gress and the President is, what is emergency medical situations, the no better time for the House to con- next? With the average family still Hampstead volunteers have remained sider this important constitutional paying taxes, more in taxes than it stalwart members of the Hampstead amendment. The tax limitation amend- spends on basic necessities, the obvious community. Keep in mind, these are ment starts from this very simple answer is tax relief for the American volunteers who come to the aid of their premise that it should be harder, not worker. neighbors day and night, without pay easier, for government to raise taxes. As we move from the era of budget and oftentimes with complete dis- The average American pays more in deficits to budget surpluses, some peo- regard for their own well-being. I am taxes than it does in food, clothing, ple in this town will argue that we can certain the citizens of Hampstead join shelter, and transportation combined. afford to spend this money on new pro- me in congratulating the Hampstead For too long, the tax burden imposed grams. However, that is the mindset fire fighters and look forward to an- by the Government has been going up, that got us in trouble in the first place. other 100 years of exemplary service. not going down. I am very, very proud For our children’s sake, for common f to sponsor this constitutional amend- sense sake, it must be rejected once ment. TAX LIMITATION CONSTITUTIONAL and for all. I urge, Mr. Speaker, my Mr. Speaker, passage of this rule will AMENDMENT colleagues to continue fighting for the allow the House to begin debate on one additional tax relief that the American Mr. SESSIONS. Mr. Speaker, by di- of the most serious matters to be con- people need and deserve. rection of the Committee on Rules, I sidered by this House, an amendment f call up House Resolution 471 and ask to the Constitution of the United for its immediate consideration. States. When our Founding Fathers A SIMPLER, FAIRER AND The Clerk read the resolution, as fol- met more than 200 years ago to draft FLATTER TAX CODE lows: what became the Constitution of the (Mr. CHABOT asked and was given H. RES. 471 United States, there was agreement on permission to address the House for 1 Resolved, That upon the adoption of this what problems our Nation faced and minute.) resolution it shall be in order to consider in our Constitution was drafted to address Mr. CHABOT. Mr. Speaker, our cur- the House the joint resolution (H.J. Res. 94) these problems. rent tax code is unfair. It taxes sav- proposing an amendment to the Constitution In many instances, they wrote spe- ings. It taxes marriage. It even taxes of the United States with respect to tax limi- tations. The joint resolution shall be consid- cific language protecting people from death. It is virtually incomprehensible, ered as read for amendment. The previous what at times could be an oppressive, even to tax lawyers and to account- question shall be considered as ordered on intrusive, or overbearing Federal Gov- ants. In fact it is even four times the the joint resolution and any amendment ernment. They protected bedrock foun- length of the Bible. This week we have thereto to final passage without intervening dations to our liberty and freedom, an opportunity to take a major step to- motion except: (1) two hours of debate equal- such as life, the pursuit of happiness, wards reforming our tax system. The ly divided and controlled by the chairman freedom of speech and freedom of reli- House will consider H.R. 1041, legisla- and ranking minority member of the Com- gion. Just as importantly, the Found- mittee on the Judiciary; (2) an amendment tion to sunset the Tax Code. ing Fathers required certain actions This legislation will encourage Con- printed in the Congressional Record pursu- ant to clause 8 of rule XVIII, if offered by the and laws passed by Congress to obtain gress to create a simpler and fairer and Minority Leader or his designee, which shall a supermajority vote, not just a simple more reasonable tax system for Ameri- be considered as read, and shall be separately majority because they foresaw that the cans. It gives us a deadline to do it. debatable for one hour equally divided and people must overwhelmingly support Once this bill becomes law, the current controlled by the proponent and an oppo- some action. Tax Code would sunset on December 31, nent; and (3) one motion to recommit with or Our Founding Fathers were so in- 2004, and Congress must then imple- without instructions. sightful and ingenious in their prepara- ment a new Tax Code or reauthorize The SPEAKER pro tempore (Mr. tion of the Constitution that they en- the current one we have by July 4, 2005. LATOURETTE). The gentleman from listed within our system of checks and Our tax laws are complicated, unfair, Texas (Mr. SESSIONS) is recognized for 1 balances a Constitution which would and unreasonable. Let us work to- hour. clearly enumerate occasions where a gether to sunset our abominable Tax Mr. SESSIONS. Mr. Speaker, for pur- supermajority would be appropriate as Code and replace it with something poses of debate only, I yield the cus- a guardian of the people. A vote of two- simpler and fairer and flatter. tomary 30 minutes to the gentleman thirds of both houses, for example, is f from Massachusetts (Mr. MOAKLEY), required to override a presidential the distinguished ranking member of COMMEMORATING 100TH ANNIVER- veto. A two-thirds vote of the Senate is the Committee on Rules, pending required to approve treaties or to con- SARY OF HAMPSTEAD VOLUN- which I yield myself such time as I TEER FIRE DEPARTMENT vict an impeached Federal official. may consume. During consideration of But a two-thirds vote in Congress is (Mr. BARTLETT of Maryland asked this resolution, all time yielded is for not yet required for raising taxes. In and was given permission to address the purpose of debate only. my view, our Founding Fathers would the House for 1 minute and to revise Mr. Speaker, House Resolution 471 is recognize that under the current sys- and extend his remarks.) a structured rule providing for the con- tem there is an inherent bias towards Mr. BARTLETT of Maryland. Mr. sideration of H.J. Res. 94, proposing an raising taxes and might have supported Speaker, I rise today to honor the men amendment to the Constitution of the this constitutional amendment. and women of the Hampstead Volun- United States with respect to tax limi- b teer Fire Engine and Hose Company tations. The rule provides for 2 hours of 1030 No. 1 of Carroll County, Maryland. The debate in the House equally divided There has long been a bias towards fire company was founded on February and controlled by the chairman and raising taxes under the current system. 13, 1900, and will celebrate its 100th an- ranking minority member of the Com- Spending benefits are targeted at spe- niversary on April 15 of this year. The mittee on the Judiciary. The rule pro- cific groups. These special interests founders’ goal was to establish fire pro- vides for one amendment printed in the successfully lobby Congress and the April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2129 President for more and more spending. ‘‘The God who gave us life gave us lib- they want to make it more difficult to Taxes, on the other hand, are spread erty.’’ raise taxes. among millions of people. Taxpayers I imagine that Thomas Jefferson Mr. Speaker, like many Members of usually cannot come together as effi- never envisioned such an intrusive this body I not only oppose raising ciently as a special interest group with agency as the IRS. Today, unfortu- taxes, I support making our Tax Code a specific appropriation in mind. nately, the reality is the IRS is a prev- fairer, simpler, and flatter. The tax As Congress seeks to keep the budget alent part of our daily lives, particu- limitation amendment allows for tax in balance, yet spending has still re- larly this week with the April 15 tax reform and it provides that any tax re- mained high, the easiest answer always deadline fast approaching. form is revenue neutral or provides a for Congress is simply to raise taxes. Every year, Americans are taxed for net tax cut. Also, any fundamental tax The Federal budget is currently in billions and billions of dollars. Some- reform which would have the overall balance, in part due to spending con- times these taxes that are passed are effect of lowering taxes could also still straints by Congress, as well as hard retroactively done so. Sometimes they pass with a simple majority. work and global-leading productivity are passed from generation to genera- The tax limitation amendment also of American workers, but short eco- tion and sometimes they are forced allows for a simple majority vote to nomic downturns can be expected. Fu- upon us even after death by the Fed- eliminate tax loopholes. The de mini- ture Congresses may not be as fiscally eral Government. mis exemption would allow nearly all responsible and return to the ways of So today, Mr. Speaker, I stand before loopholes to be closed without the deficit spending. my colleagues with a bipartisan coali- supermajority requirement. The easy answer then is to raise tion to put forth to the States a ques- We may hear from opponents today, taxes. tion of liberty. Will we make it harder those who will be saying to make it Making it more difficult to raise for Congress to raise taxes on its citi- more difficult to raise taxes that the taxes balances the options available to zens? Will we require a two-thirds vote Government would be unable to func- Congress and makes decisions on the of both Houses of Congress to pass a tion if a supermajority is required. size of government. It is critical that tax increase on to working Americans Well, Mr. Speaker, I would encourage this balance be achieved. By requiring and children? Will we pass this amend- Members to look back at their States. a supermajority to raise taxes, an in- ment to the Constitution and require a Fourteen States require a super- centive for government agencies would supermajority, not just a simple major- majority to raise taxes. Millions of be created to eliminate waste, fraud ity to raise taxes? Americans living in these States have and abuse and to create efficiency rath- This amendment will apply to all tax enjoyed slower growth in taxes, slower er than simply turning to more deficit increases from the Federal Govern- growth in government spending, faster spending or to increase taxes. ment, not just tax hikes. A two-thirds growing economies, and lower unem- It is important to remember that vote requirement would allow Congress ployment rates. Tax limitation can there was no Federal income tax when to raise taxes in time of war or na- bring to all Americans those things our Founding Fathers drafted the Con- tional emergency, but would simulta- that are benefits that are enjoyed by stitution. Not until 1913 was the 16th neously prevent the intrusive and pe- those living in tax limitation States. amendment of the Constitution passed nalizing tax increases that have been This amendment protects the Amer- to allow Congress to tax the American enacted with recklessness to fund gov- ican people. It makes it harder for the people. The first tax ranged from 1 to 7 ernment expansion over the last dec- Federal Government to raise taxes on percent and only applied to the ades. its citizens and that is why I am here wealthiest Americans. Today, some As we speak, several States of this today. taxes are collected by the Federal Gov- great Union, including Arizona, Cali- Today we can take one step closer to ernment at a 50 percent rate. fornia, Florida and Missouri, have regaining liberty and ensuring future Medieval serfs gave 30 percent of adopted measures requiring that any generations the freedom of our Found- their output to the lord of the manor. tax increase by their legislature pass ing Fathers intended for all Americans Egyptian peasants gave 20 percent of by a two-thirds majority. It is time to enjoy. This debate is about liberty. their toils in their fields to the Phar- that the Federal Government joins This debate is about requiring a two- aoh. God only required 10 percent from these States in listening to the voice of thirds vote to raise taxes on America. the people of Israel. Yet in America, the American people. It should be hard- Mr. Speaker, at this time I would re- Federal, State and local taxes eat up er to raise taxes. Had this amendment mind my colleagues that this is a fair many times in excess of 40 percent of been adopted sooner, the four largest rule adopted by a voice vote yesterday the average American’s income. tax increases since 1980, in 1982, 1983, in the Committee on Rules. It is the The burden of tax rates is not only 1990 and 1993 all would have failed. standard rule under which this pro- too high, but that is only half the That tax increase in 1993 was the larg- posal has been considered for years in story. As tax rates have increased, the est tax increase in American history the past. I urge my colleagues to sup- heavy hand of the tax collecting and it passed just by one vote. These port this rule. branch of our government has been tax increases totaled $666 billion to the Mr. Speaker, I reserve the balance of strengthened. It has been determined American taxpayer. my time. by our majority leader, the gentleman The bottom line of this debate, Mr. Mr. MOAKLEY. Mr. Speaker, I thank from Texas (Mr. ARMEY), that our Fed- Speaker, is that we should make it my colleague, my friend, the gen- eral income tax collection agency, the more difficult to raise taxes on the tleman from Texas (Mr. SESSIONS), for Internal Revenue Service, sends out American people. Those that oppose it yielding me the customary half hour, more than 8 billion pages of forms and will do so because they want to make and I yield myself such time as I may instructions each year. Our Federal in- it easier to raise taxes on the American consume. come tax collection agency is twice as people. Mr. Speaker, today marks the fifth big as the CIA and five times bigger Mr. Speaker, this is the defining year in a row that my Republican col- than the Federal Bureau of Investiga- issue. Those Members who support this leagues have dusted off this old same tion. amendment are here to support the constitutional amendment just in time No other institution poses such a taxpayers of America. Those Members for tax day. At the end of the day, Mr. threat to liberty than the Internal who oppose it today are here to defend Speaker, we will probably mark the Revenue Service and our Tax Code, and the tax collectors of America. It is fifth year in a row that this amend- this is all as a consequence that tax really that simple. ment fails to garner the required two- rates are too high and the Tax Code is We hear rhetoric from opponents of thirds vote. too complex. this legislation citing jurisdiction, pro- So why do my Republican colleagues A constitutional amendment requir- cedure, and a slew of other glossary continue to bring up this resolution ing a two-thirds vote to raise taxes terms but nothing can hide the reality year after year after year? They do not would help alleviate some of this mis- that America and all taxpayers support even bother to bring it to their own fortune. Thomas Jefferson once wrote, a two-thirds tax limitation because Committee on the Judiciary. I am glad H2130 CONGRESSIONAL RECORD — HOUSE April 12, 2000 that my friend, the gentleman from those tax loopholes for the very rich, Well, Mr. Speaker, what happened Texas (Mr. SESSIONS), spoke so long and make it necessary to cut the bene- then is, because of efforts by the Re- and explained it because this is the fits for everyone else. publican Party where we quit spending only debate we are going to have on Mr. Speaker, it would also make it every single penny of Social Security, the bill. It did not go before the Com- much harder to strengthen Social Se- the surplus, and we started putting it mittee on the Judiciary. curity, make it much harder to back into Social Security, my friends Imagine amending the Constitution strengthen Medicare. In fact, it could on the other side of the aisle began of the United States of America with- even have the effect of reducing Social feeling a little bit queasy about who out one hearing before the basic com- Security benefits. was making progress with the Amer- mittee in the Congress that would deal In short, Mr. Speaker, it would ican taxpayer; in this case, it was the with that, the Committee on the Judi- shackle our government to the tax senior citizen of America. ciary? laws in effect today, with very little Just 3 weeks ago, this House of Rep- Well, here we go again. Mr. Speaker, hope of changing them in the future. resentatives passed 422 to nothing, if my Republican colleagues were seri- Whether for better or for worse and unanimously in the Senate, that we ous they would fine-tune this amend- like so many of my Republican col- would lift the earnings limit. The ment in a congressional committee. leagues’ proposals, the rich come out President of the United States signed They would have hearings. They would way ahead and everybody else pays the this into law after vetoing this several mark it up, but this resolution has not price. times. The President said, boy, he been to the Committee on the Judici- Mr. Speaker, this amendment was a wished we could have done more, could ary. In fact, Mr. Speaker, I will let my bad idea 5 years ago. This was a bad have done more for senior citizens, but colleagues in on a little secret. This idea 4 years ago. This was a bad idea 3 not everybody is for making the same bill was just introduced last Thursday. years ago. This was a bad idea 2 years kind of progress. He recognized that The ink is still wet. ago; and, Mr. Speaker, it is a bad idea there are honest differences on both Given that the amendment is des- today. sides of the aisle. Yes, we understand tined to fail again this year, as it does b 1045 that honesty. We understand those every year, it would seem that it is So I urge my colleagues to oppose honest differences today. being offered not to effect change but this annual tax day Valentine, this Today we are now in our 10th year of really to affect the evening news, be- sloppy assault on our Constitution. what may be a 30-year effort to make it cause even when my Republican col- Mr. Speaker, I reserve the balance of harder to raise taxes. As usual, one leagues had a chance to practice the my time. side is going to be supportive of this, preachings of this amendment, they did Mr. SESSIONS. Mr. Speaker, I yield by and large, and the other side is not. myself such time as I may consume. going to drag their heels. But we are We may recall at the beginning of the Mr. Speaker, I am really not sur- not going to be frustrated. We are not 104th Congress, my Republican col- prised for us to be debating in this going to worry about what the rhetoric leagues changed the House rules to re- manner that what we are doing does is. We are going to continue to stand quire a two-thirds majority for every not make sense, it is unnecessary, it is up on the side of the taxpayer. tax increase. Mr. Speaker, guess what? unwise, no one would be in favor of Mr. Speaker, I yield 5 minutes to the Every time it came up, every time they making it harder to raise taxes. It is gentleman from Stratford, Missouri have this tax increase, they waive the bad for America, it is all for the rich. (Mr. BLUNT), my colleague and assist- rule. I would say, Mr. Speaker, that if Well, in fact, the reason why we are ant Majority Whip. a rule is not to be obeyed in the House standing up today is for the exact peo- Mr. BLUNT. Mr. Speaker, I thank of Representatives that surely it is not ple that we have talked about that the the gentleman from Texas (Mr. SES- worthy of being an amendment to the minority says is bad for them. SIONS) for the time to speak in favor of United States Constitution. There is a power model in this same this rule and for bringing this, and I Back in the 1780s under the Articles vein that was followed and begun some also want to thank him for bringing of Confederation, the United States 30 years ago. The gentleman from this important issue to the floor of the tried a supermajority. It did not work Texas (Mr. ARCHER) from the Seventh House. then. It will not work now. District of Texas, now the chairman of We have a chance today to cast a The foundation of a supermajority is the Committee on Ways and Means, vote for the future. Two-thirds simple a mistrust, a mistrust of the ability of when he came to Congress 30 years ago, majority is, in fact, reserved for the the majority of American people to the first bill that he dropped as a Mem- most important of issues, including govern; and I for one think that that ber of Congress said that he would like amending the Constitution, ratifying mistrust is misplaced. Because of that to raise the earnings limit that was treaties in the Senate. The founders mistrust, Mr. Speaker, a supermajority placed on senior citizens. For 25 years, understood that the two-thirds major- changes the very foundations of our he was not only called names and made ity was appropriate majority on those government from a majority-run insti- fun of, but Members of the other side kinds of issues. tution to a minority-run institution, made sure that they said that is not I am confident that this standard of and that is not what our Founding Fa- necessary, it is for rich people. In fact, importance would have been used to thers had in mind. it was for the senior citizens of this decide other things if there had been In the Federalist Papers No. 58, country. any perception of what those other James Madison argued against super- The gentleman from Texas (Mr. AR- things might have been. majorities. Under a supermajority, he CHER) became the chairman of the There were issues that James Madi- said, the fundamental principle of free Committee on Ways and Means. The son and others thought were important government would be reversed. It gentleman from Texas then held the enough for a supermajority. If they had would be no longer the majority that first hearings that were necessary to any idea of what the tax burden on would rule. The power would be trans- begin the dialogue and the debate. American families would be today, this ferred to the minority. Then this senior earnings limit began would have been one of those issues in Furthermore, Mr. Speaker, if this tax appearing on the floor of the House of that Philadelphia summer of 1787. amendment were to pass, it would help Representatives because Republicans A two-thirds simple majority stand- the rich and hurt the middle- and knew that it was important to senior ard would guarantee that there was a lower-income people. Rich Americans citizens; and beyond that, it was sim- consensus among Members of both par- get most of their government benefits ply fair and the right thing to do. ties that increasing taxes was a neces- in the form of tax breaks. The rest of Several times, it was voted on on the sity. This bill has gone through the the country gets their government ben- floor of the House of Representatives. committee process over and over again. efits in the form of Social Security, Our friends on the other side had an op- It was just pointed out by the other Medicare, student loans, and unem- portunity every time to vote against side that this same legislation has been ployment insurance. This amendment senior citizens in lifting this earnings rejected by the House a number of would make it much harder to close limit. times. Well, to be rejected by the April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2131 House a number of times, it had to get The resolution was agreed to. and ask unanimous consent that he be to the House floor a number of times. A motion to reconsider was laid on permitted to control the time. It is the same bill that went through the table. The SPEAKER pro tempore. Is there that committee process in the last Mr. SCARBOROUGH. Mr. Speaker, objection to the request of the gen- Congress. pursuant to House Resolution 471, I tleman from Texas? Today is the time to cast this vote. call up the joint resolution (H.J. Res. There was no objection. Today is the time to vote on this issue. 94) proposing an amendment to the Mr. SESSIONS. Mr. Speaker, I thank I am grateful that the gentleman from Constitution of the United States with the gentleman from Florida (Mr. SCAR- Texas (Mr. SESSIONS) in the Committee respect to tax limitation, and for its BOROUGH) from the Committee on the on Rules and the other committees immediate consideration. Judiciary for yielding me the time, and have brought it to the floor today as The Clerk read the title of the joint I would like to move into general de- they have. resolution. bate. By making it more difficult for Con- The SPEAKER pro tempore (Mr. Mr. Speaker, I yield 5 minutes to the gress to endlessly reach into the pock- LATOURETTE). Pursuant to House Reso- distinguished gentleman from Nevada ets of working Americans, a two-thirds lution 471, the joint resolution is con- (Mr. GIBBONS). (Mr. GIBBONS asked and was given simple majority would require Mem- sidered read for amendment. permission to revise and extend his re- bers to be more careful in the dollars The text of House Joint Resolution 471 is as follows: marks.) they spend. We should spend every dol- Mr. GIBBONS. Mr. Speaker, today I H.J. RES. 94 lar taken from American families with stand before my colleagues to support the utmost care, making it harder for Resolved by the Senate and House of Rep- this bill. I want to thank the gen- this Congress and more likely for fu- resentatives of the United States of America in Congress assembled, (two-thirds of each House tleman from Texas (Mr. SESSIONS) for ture Congresses to take that money, allowing me to speak on this measure makes it more likely it will be spent concurring therein), That the following article is proposed as an amendment to the Con- and for introducing this piece of crit- with greater care, be more treasured as stitution of the United States, which shall be ical legislation and bringing it before it comes here because it is coming valid to all intents and purposes as part of this body today. right from working families. the Constitution when ratified by the legis- Mr. Speaker, America needs this tax In the 14 States which has imple- latures of three-fourths of the several States limitation amendment. Why? Well, this mented tax limitation standards, taxes within seven years after the date of its sub- year, millions of Americans, hard- and spending grew at a slower rate, mission for ratification: working, tax-paying Americans will be while the economy and jobs grew at a ‘‘ARTICLE — plagued by ‘‘intaxication.’’ What is faster rate than in the other States. ‘‘SECTION 1. Any bill, resolution, or other intaxication? Well, if it were in the dic- That, Mr. Speaker, is not by accident. legislative measure changing the internal tionary, intaxication would be defined Although the economy is presently revenue laws shall require for final adoption by a euphoria experienced by getting a in each House the concurrence of two-thirds strong, Federal taxes are still the high- tax refund, well, a euphoria which lasts est they have been since World War II. of the Members of that House voting and present, unless that bill, resolution, or other only until one realizes that it was one’s The entire tax burden is the highest it legislative measure is determined at the money to start with. has been in the history of the country. time of adoption, in a reasonable manner This Congress has a duty to make it It is important to compliment this prescribed by law, not to increase the inter- harder to raise taxes while ensuring a strong economic standard today by nal revenue by more than a de minimis more responsible Federal budget. Why? dealing with the future of taxes in amount. For the purposes of determining Because we owe that type of account- America as this bill does. any increase in the internal revenue under ability, we owe that responsibility to The most recent States to pass tax this section, there shall be excluded any in- the hardworking American taxpayer limitation measures have done so with crease resulting from the lowering of an ef- when we take their money. overwhelming voter approval. They fective rate of any tax. On any vote for Let me give my colleagues a little which the concurrence of two-thirds is re- would have met the two-thirds require- quired under this article, the yeas and nays history in my own State of Nevada. In ment because they met requirements of of the Members of either House shall be en- 1994, I helped bring Nevada into the over 70 percent of their voters saying tered on the Journal of that House. 21st Century with its own tax limita- we want to see tax limits in our State. ‘‘SECTION 2. The Congress may waive the tion amendment requiring a two-thirds Again, States with tax limitation requirements of this article when a declara- supermajority vote. Why was that nec- supermajorities are adding economic tion of war is in effect. The Congress may essary? Because the left-wing liberal opportunity at a rate faster than the also waive this article when the United Democrats in the House in Nevada other States. Job creators understand States is engaged in military conflict which would not allow for an amendment to causes an imminent and serious threat to na- the stability that tax limitation brings tional security and is so declared by a joint be passed, like they are doing here in to the economy. Mr. Speaker, the resolution, adopted by a majority of the this body. As a result, true democracy Members of the House today have an whole number of each House, which becomes had to take its course. opportunity to show that we under- law. Any increase in the internal revenue en- I was required to go out and get 85,000 stand the importance of tax limitation acted under such a waiver shall be effective signatures from the people and citizens for America’s economy and the impor- for not longer than two years.’’. of the State of Nevada to bring that tance of tax limitation for America’s The SPEAKER pro tempore. After 2 measure to a ballot where the citizens families. hours of debate on the joint resolution, of Nevada could vote on it. The real de- Mr. Speaker, I urge my colleagues to it shall be in order to consider an mocracy, Mr. Speaker, that bill, that support the rule, to support the bill, to amendment printed in the CONGRES- legislation passed in Nevada by an make a stand for American families SIONAL RECORD, if offered by the gen- overwhelming majority of the voters. today and to make a stand for the fu- tleman from Missouri (Mr. GEPHARDT), In 1994, it received 78 percent of the ture of America by putting this new or his designee, which shall be consid- vote. In 1996, it received 71 percent of supermajority requirement on the ered read and debatable for 1 hour, the vote as an amendment to the Ne- books and in the Constitution. equally divided and controlled by the vada Constitution, requiring a two- Mr. MOAKLEY. Mr. Speaker, I yield proponent and an opponent. thirds supermajority to increase any back the balance of my time. The gentleman from Florida (Mr. State tax or fees. Mr. SESSIONS. Mr. Speaker, I appre- SCARBOROUGH) and the gentleman from The Federal Government needs to be ciate the gentleman from Massachu- Massachusetts (Mr. FRANK) each will put on the same fat-free diet that my setts (Mr. MOAKLEY) for his engage- control 1 hour of debate on the joint home State of Nevada has been on ment in this issue on the rule. I urge resolution. since 1996. We need to make it more my colleagues to support this rule. The Chair recognizes the gentleman difficult to raise taxes on hardworking Mr. Speaker, I yield back the balance from Florida (Mr. SCARBOROUGH). American men and women, and we need of my time, and I move the previous Mr. SCARBOROUGH. Mr. Speaker, I to shift congressional focus to the question on the resolution. yield the balance of my time to the bloated spending programs of the Fed- The previous question was ordered. gentleman from Texas (Mr. SESSIONS) eral bureaucracy rather than paying H2132 CONGRESSIONAL RECORD — HOUSE April 12, 2000 attention to the pockets of the Amer- People make one of the least logical since have taken some effective action, ican taxpayers. arguments I have ever heard, even in so one suggestion was let us now deal Passage of this legislation would en- this sort of partisan silliness, when with that 4.3 cent increase in the gas sure that Congress focuses its efforts to they say, well, the fact that the Con- tax. balance the budget, cut wasteful spend- stitution calls for two-thirds in some The Republican Party had a chance ing, and not raise taxes to create cases shows that it really should have to do that. Where is the bill? The Re- unneeded Federal revenue. called for two-thirds in this case. What publican Party, having fulminated Anyone who takes a close look at that does is establish that the people against the gasoline tax increase of those States that have this same type who wrote the Constitution knew how 1993 had the ideal opportunity to come of supermajority restriction on raising to call for two-thirds when they forward with a reduction in the gaso- taxes will find that those States have thought the subject required it. They line tax, and a few of them talked experienced faster growing economies, said, in certain cases, it takes two- about it. Where is the bill? We did get a more rapid increase in employment, thirds. They then, obviously, made a a resolution threatening OPEC that we lower taxes, and reduced growth in deliberate and conscious decision not might call them names if they did not government spending. to require two-thirds for taxation. do some things. I have not seen a bill No additional financial burdens Now, to get around that, I did hear to reduce that gasoline tax. should be placed on America’s working one of my colleagues say, well, if The last time we raised taxes was in family without an overwhelming dem- James Madison knew what we knew, he 1993. They will talk about how terrible onstration of need and support of their would have done what we have done. I it was, but they will not do anything elected officials before they raise doubt it. The evidence that James about it. And the reason is that reality taxes. Madison would have thought exactly as has had a very severe impact on the Let us stop the intoxication of he would have thought seems to me Republican Party and on their ide- intaxication plaguing America today. I quite thin. What we have, of course, is ology. On the one hand, they denounce urge my colleagues to support this tax the inconvenient fact that James Madi- government; on the other hand, they limitation amendment. son, quite clearly, thought the oppo- seek opportunities to increase it. Mr. FRANK of Massachusetts. Mr. site. The people who wrote the Con- Now, of course, we have the military Speaker, in the absence of anything stitution decided that it would be a budget, the single largest part of the constructive for the House to do, I majority. discretionary budget; and it is faith yield myself such time as I may con- And that is, of course, a perfectly among the Republicans that that is too sume. sensible thing. We happen to believe small. We need vast increases, billions To begin, Mr. Speaker, let me con- fundamentally that a majority of the and billions of dollars to increase the gratulate the overwhelming majority people, as constituted, and remember military budget. But that is not all. of our colleagues, approximately 432 of the Senate is not that majoritarian, The Republican Party has gone from them, for ignoring this exercise in par- but a majority of those elected from denouncing the notion of helping older tisan silliness. No one believes that this is anything the House on a popular basis and in the people buy prescription drugs to em- more than a very feeble effort from a Senate on a State basis, make the im- bracing it. They say there are dif- party that is having difficulty in pre- portant decisions. And all of the impor- ferences in how much, but they want a senting a program to try and look like tant ongoing governmental decisions new program. The Republican Party is it is doing something. No one thinks are made by majorities. for a new program, which will cost gov- Now, what has happened is this. The this is going anywhere. ernment money. We are about to debate an amend- Republican Party used to be a very A couple of weeks ago we took a step ment to the Constitution of the United majoritarian party in its rhetoric. But that I approved of and that many Re- States. Look who is here? At this they have now discovered, to their dis- publicans approved of, and we put the point, it is now myself and the gen- may, that the majority no longer loves Federal Government for the first time them as much as they thought. This into the business of helping local fire tleman from Texas (Mr. SESSIONS). We are here because we have to be here. If really goes back to 1995 when they shut departments in a systematic way. I am one of us was not here, we would have down the Government and were jeered glad to do that, but it costs govern- to stop. So the barest minimum num- instead of cheered. So what we now ment money. My Republican governor was just ber of people possible to keep this farce have is an announcement by the Re- down here yesterday acknowledging going are impressed into it. publican party that we cannot trust Frankly, I am a little resentful be- the majority of the American people, the fact that a major highway project cause we are having a serious hearing as the Constitution says they should be that he and his Republican predecessor in judiciary on the antitrust measure represented; and for measures they do thought were very important to Massa- that I cannot be at. not like, they need two-thirds. chusetts would cost a couple of billion Now, it is also the case that the Re- dollars more than they thought. That b 1100 publican Party is offering a procedural will cost government money. I notice my Republican colleagues in objection to taxes instead of a sub- For much of the time, my Republican the Judiciary, understanding this was stantive one. For example, the last colleagues join many Democratic col- coming, scripted it better; and they time we raised taxes, as I recall, was leagues in talking about increasing the managed to get a Committee on Rules 1993. We did do some tax increases be- budget of the National Institute of member to sit in so they could all be fore that under Ronald Reagan and Health, increasing money for transpor- present at the hearing. The Committee George Bush, but the last time we tation, increasing money for the mili- on Rules presumably has nothing else raised them was in 1993, in the first tary, buying prescription drugs. We to do at this time. year of the Clinton administration. passed a housing bill last week over- But now let us get to the proposal. I And I remember my Republican col- whelmingly which talked about how did hear one Member as I was coming leagues objecting because we were rais- important various Federal housing pro- in announced that what we are doing ing taxes on middle-income people. grams are to help people get home- now is what James Madison would have Now, most of the tax increases went ownership. These cost money. done if he only were as smart as we there on people making well upwards of So in the abstract the Republican are. It is true, and it is an inconvenient $100,000 in 1993, not middle income even Party wants to look like the antitax fact, because we do, as a body, like to by Republican standards; but there was party. But in particular they want to pay tribute to the wisdom of the an increase in the gasoline tax and spend government money, just as many Founding Fathers; and what we are they pointed that out. Well, we re- of the rest of us do, for good purposes. saying here is, boy, the Founding Fa- cently had a spike in gasoline prices So what we get, to resolve that con- thers really blew one. Because this is because of OPEC, and I think a failure tradiction, is an entirely silly effort. I not some obscure issue. They knew on the part of the administration to should not say it is an effort, because about taxation. They knew about two- act initially as promptly as they no one takes it seriously. We get this thirds. should have, although I think they gesture to amend the Constitution of April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2133 the United States and to wrench it guess, given that, this is as good a way could not even tax until the 16th away from democracy. to kill time as any. amendment, until 1913. What happened Now, this is not the first time the Re- Mr. Speaker, I reserve the balance of in 1913, when we began taxing in Amer- publican Party has shown its lack of my time. ica? The IRS looks entirely different faith in the voters. We had that pre- Mr. SESSIONS. Mr. Speaker, I yield than it does today. viously with term limits. What they myself such time as I may consume. Why today do we need this? We need said was, those voters, they do not un- I do appreciate, Mr. Speaker, the gen- this two-thirds tax limitation because derstand. They cannot deal with elec- tleman from Massachusetts pointing we need to make it more difficult to tions. We have to put term limits on out, in his view, how this is just wast- raise taxes. We, today in America, are because they cannot understand it. Of ing time and it is the majority party at a precious time in our history. The course, for many Republicans the idea that has nothing better to do. I want precious time is that the Republican of term limits in the abstract was far the gentleman to know that that is an Party has made it possible as a result more attractive than the idea of term argument that we hear over and over of the balanced budget, when the other limits in the particular, because among and over and have heard this over and side said no and it was a silly idea, the the people who will be voting for this over and over. This is what we would other side said welfare reform is a silly constitutional amendment today to be led to believe about a balanced idea and we should never have it, the limit the electorate’s ability to call for budget; whether we would have a bal- IRS Tax Code reform the other side a tax increase will be people who will anced budget or not. The other side said was a silly idea and that we should be defying their own pledge to limit simply said there is no need for a bal- not do it. That is what has unleashed the electorate’s ability to reelect anced budget. America is great. Things the power of the American energy. them. They have decided that does not are headed in the right direction. And it is called the free market sys- work. Well, it was the Republican Party tem; men and women who go to work So we have what is, finally, fun- that brought forth not only the ideas every day, who are making America damentally, a notion that democracy is but had the conviction to make sure work; and yet even today, when we flawed; that in this country the com- that we would continue to talk about a have a surplus, our President has pro- promises they made about majority balanced budget, even when there were posed a $96 billion tax increase in the rule for the Senate, for instance two people who believed it would never, year 2000. That is why we need to make Senators per State, that was not ever happen. sure that it requires two-thirds of this enough; that we have to go further and I recall Senator FRITZ HOLLINGS, who body and two-thirds of the Senate to make a very drastic change in the is a marvelous Senator in the other say, yes, President Clinton and Vice basic structure of government and say body, stated that if we ever had a bal- President GORE, we want your ideas, that when it comes to deciding how anced budget by the year 2002, he would we want to raise taxes by $96 billion. much money should be spent for public take a high dive off the top of the cap- Well, I am sure we will hear it said purposes and how much for private pur- itol. A high dive. It will never happen. over and over about what a great plan poses, majority rule does not work. There will never, ever be a balanced the President’s budget is; that Presi- Now, one last point. We hear this re- budget. That is what we were told on dent Clinton has the best budget, great markably foolish notion that there is a the other side. for everybody; yet not one Member of dispute between the money that goes We were told about welfare reform this body would even sponsor the Presi- to the Government and the money that that welfare reform should never hap- dent’s plan. Not one person would spon- goes to the people. But all the money pen because welfare reform would put sor the President’s budget. There is a belongs to the people. The people un- millions of people out in the streets reason why. There is a reason why derstand, and the Republican Party has and babies and families sleeping on today we are on the floor of the House been forced to acknowledge it, that sidewalks. Well, lo and behold, we had of Representatives to say that we need there are some purposes very impor- welfare reform, and we had welfare re- to make it harder to raise taxes in tant to the people that they cannot ac- form Republican-style that is so suc- America. complish unless they do them jointly. cessful that even President Clinton Mr. FRANK of Massachusetts. Mr. A tax cut putting money in individ- calls it his own package today. Welfare Speaker, I ask unanimous consent that uals’ pockets does not expand airports. reform that has led to not only chang- the gentleman from Wisconsin (Mr. A tax cut putting money in individ- ing behavior of people who had been on KLECZKA) be allowed to control the uals’ pockets will not solve the prob- welfare for generation after generation, time on this side. lem of putting more police on the but welfare reform that has led to a 47 The SPEAKER pro tempore (Mr. streets or aiding local fire departments percent reduction in the amount of LATOURETTE). Is there objection to the or increasing medical research through people who have had their hands out. request of the gentleman from Massa- NIH. That is, there are, in a civilized Instead, we have found jobs available chusetts? society, some very important purposes because the Republican Party had the There was no objection. that can best be accomplished by indi- presence of mind to fight those who The SPEAKER pro tempore. The bal- viduals spending their own money per- said we would never have a balanced ance of the time on the minority side sonally, and that is what the market budget; we would never have an econ- will be controlled by the gentleman generates, and that is a good thing; but omy where we could employ all the from Wisconsin (Mr. KLECZKA). there are also important purposes, par- people who were on welfare. Mr. SESSIONS. Mr. Speaker, I yield 5 ticularly in a complex urban society, And about IRS reform, they said, oh, minutes to the gentleman from Ohio that can only be done jointly. And that there is nothing wrong with the IRS. (Mr. TRAFICANT). is why we come together through gov- The Tax Code is great. We love that. Mr. TRAFICANT. Mr. Speaker, I sup- ernment to deal with the environment, That is the Democrat Party mantra: no port the bill, and thank the gentleman to deal with public safety, to deal with problem with America. We need to for yielding me this time. I associate elderly people and other people’s chil- keep it the exact same way that we myself with his remarks because he is dren who will not themselves be able to have got it today. right on target. make it. Well, it was a few voices in the Re- I want to put a few things down on What this is is an announcement that publican Party, who are still alive and the RECORD. In 1899, the Director of the democracy does not work; that the fun- well today, and with more than enough Patent Office said ‘‘Everything that damental scheme of government adopt- votes to pass these bills, with more can be invented has been invented.’’ ed in 1787 in the Constitution is flawed; than enough votes to talk about our vi- b and, therefore, it has to be changed. sion for America, that want to make it 1115 Fortunately, as the dearth of Mem- more difficult to raise taxes in Amer- In 1905, President Cleveland said, bers in this Chamber shows, no one ica. ‘‘Sensible and responsible women do takes it seriously. It is a political ges- Oh, my colleagues may say, the Con- not want to vote in America.’’ ture put forward by a party that has no stitution should address this. Well, we Lord Kelvin, President of the Royal substantive legislative agenda. And I did not even have any tax bills; we Society of England, said, ‘‘Heavier H2134 CONGRESSIONAL RECORD — HOUSE April 12, 2000 than air flying machines are impos- right on target. I want to thank the ferring the profits to a foreign land to sible.’’ Republican party for putting the Trafi- avoid taxation, if we were to close that In 1927, Harry M. Warner, Chief of cant burden of proof language in the loophole, it would take two-thirds. Warner Brothers Studios, said, ‘‘Who reform bill and the judicial consent More importantly, it would take a mi- the hell wants to hear actors talk?’’ language in the reform bill, and I want nority to stop it. In 1968, an engineer at IBM said, ‘‘As to thank him on behalf of all Ameri- That is what this is all about, my far as computer systems are concerned, cans whose homes, farms, and busi- colleagues. This is not to prevent what practical use will they really nesses were not stolen. willy-nilly tax increases to be placed have?’’ Mr. KLECZKA. Mr. Speaker, I yield upon the American people. Know full In 1977, the chairman of Digital myself 6 minutes. well that all of us in this Chamber and Equipment Corporation said, ‘‘There’s Mr. Speaker, I rise in opposition to the Senate take that very seriously no reason for anyone to ever want to Joint Resolution 94. I will attempt to and it is done at times when it needs to have a computer in their home.’’ make my points with logic rather than be done. And if it is done without need In 1987, the Western Union internal volume. and necessity, every 2 years we face the memo said, ‘‘The telephone has just This is the fifth time the House has electorate and they will let their views too many shortcomings. Don’t give up taken up this particular constitutional be known. on our system.’’ amendment. It seems that since the But for the Republicans to once Edwin Drake said, ‘‘People are lit- Republicans have taken over control of again try to tamper with the Constitu- erally going to drill in the earth to try the House, we have had over 100 con- tion to provide a two-thirds vote for and find oil?’’ stitutional amendments introduced. changing the tax laws in this country The big one was Dr. Lee DeForest. He When we are sworn in every 2 years and not to provide that same two- said, ‘‘Man will never reach the moon. in January, we swear to uphold the thirds vote to close loopholes, which Never.’’ Constitution and nowhere do we say we has the effect of bringing in more rev- My colleagues, about the only thing I come here to rewrite the Constitution. enue, loopholes which are unwarranted, can say in my short speech is this: I Let us look back and see why the which happen all too often in this tried to change the burden of proof in Framing Fathers put into the Con- House, for that they could stop it with a civil tax case and required judicial stitution only three instances where a a small minority. consent before seizure; and I could not two-thirds vote would be necessary to This constitutional amendment is get it done for 10 years, the Democrats take any action in the Government. not wise. It should not be supported by would not hold a hearing. One was to change the Constitution. I want to thank the Republicans for the House. If the taxpayers object to They thought it was a very, very im- not only holding the hearings, I want any tax action by the Committee on portant, sacred document and much to give my colleagues the facts. In 1998 Ways and Means that I serve on or ac- thought should go into changing the was the IRS reform law. In 1997, the tion by the full House, they will let various articles of the Constitution last year, the old law. In 1999, the first their views be known. Let no one be and, if we intend to do that, let us do year, the new law. kidded about that. Now we compare them. In 1997, there it by a two-thirds vote. The gentleman who is controlling They also provided that, if we were were 3.1 million attachment of wages time on the other side indicated the going to expel a Member from the and bank accounts. In 1999, 540,000. great things we did with the welfare re- House, one who was elected by a major- Property liens in 1997, 680,000. The new form. But I should point out to him ity, I should add, of the people from his law, 1999, 168,000. and to the other Members in the Cham- But listen to this. The American peo- or her district, that should be done by ber, if there are any, which there are ple should be listening carefully. Re- a two-thirds vote. not, that that was done with a major- quiring judicial consent before the IRS The last and only other instance ity vote. And if, in fact, that was so could take their home or their farm or where they provided for a two-thirds important, why do they not provide for their business, that the Republicans vote was overriding a presidential veto. a two-thirds vote for actions of the put my language in, in 1997, 10,037 And here again, the bill that got to the House dealing with issues like welfare Americans lost their homes, farms, and President got there by a majority vote reform? I would say that would be ri- businesses. In 1999, 161. From 10,000 of both houses; and if, in fact, we are diculous. Because the stated principle from the back room to 161 when the going to disagree with the President’s of this country is majority rules. burden of proof was on the Government objections, that we should do it by In the House Rules, when the Repub- and had to have judicial consent. more than a majority. And so the licans took over in 1994, they provided Do I support this bill? Does a bear Framers indicated at that point, let us a supermajority, 60 percent, to pass sleep in the woods? call for a two-thirds vote. Only those any tax increases. That is in the House I think we should mandate a two- three instances. Rules today, the rules that govern our thirds requirement before we continue James Madison wisely observed in activity in this Chamber. And every to gouge and raise the American peo- the Federalist Papers, supermajorities time that has come before the House, ple’s taxes, to boot, let an agency be- would reverse the fundamental prin- every time legislation has come before come so powerful an IRS employee ciple of a free government. And he said, the House to raise taxes, and we have would not testify unless she was behind ‘‘It would no longer be the majority had it in H.R. 2491 in 1996, in H.R. 2425 a screen so we could not see her, with that would rule. The power would be that same year, we have had it again in a voice scrambler so we could not iden- transferred to the minority.’’ Let me 1996 in H.R. 3103, every time those in- tify her voice, and a guarantee her repeat that. ‘‘It would no longer be the creases came before us, the Repub- family would not be hurt. majority that would rule. The power licans waived the House Rules. God almighty. would be transferred to the minority.’’ By waiving the House Rules, they Finally, let me say this: I think our And how correct he is. cast them aside. We do not look at Tax Code should be thrown out with a For almost all actions in this House them for that action. So consistency is flat 15 percent, true 15 percent national a majority vote is required. A majority not one of the Republican virtues evi- retail sales tax. I will be testifying on vote is required to give tax breaks at dently. But, nevertheless, this con- the Tauzin/Traficant bill at 1 o’clock times to those large and very vocal stitutional amendment is ill advised myself. It will ultimately be the tax corporate citizens who do not deserve and it should not be supported by the scheme in America. them. Those tax breaks, my colleagues, Members of the House. I think the Democrats, although they if this were to pass and become part of Mr. Speaker, I reserve the balance of do not want to hear this, should get on the Constitution, would only require my time. board because they are getting moved that a minority could stop closing that Mr. SESSIONS. Mr. Speaker, I yield further and further out of the picture, loophole. And the reason why is be- myself such time as I may consume. they are not being very progressive. cause, under that situation, to close a Mr. Speaker, I really do appreciate So I want to thank the chairman for tax loophole of, let us say, a foreign the minority pointing out all the won- the time. I believe his comments are corporation operating here but trans- derful things that my party has done: a April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2135 balanced budget, welfare reform, IRS it tilts the playing field, it favors tax House is involved in doing one of the Tax Code reform. These were not tax decreases, which would require a sim- more important, if not the most impor- increases that required a super- ple majority, and disfavors tax in- tant, functions that we were elected to majority. They were tax decreases and creases, which would now require two- do; and the interest level is so high, no things that would increase not only the thirds majority. one bothered to come. Of the hundred efficiency of America but bring more Let me be very direct about that or so authors of this amendment, they freedom for people. point. You bet it does. That is why I are not lined up to come and defend it. I also would like to thank the gen- am for the proposal. This is a good, They know as well as you know, as tleman from Ohio (Mr. TRAFICANT), a solid reason behind the proposal, in well as I know, this is for show. Democrat, for his bipartisan effort to fact, to tilt the playing field because Like the swallows coming back to ensure that not only the people of Ohio we have an unacceptably high level of Capistrano, this constitutional amend- but the people of this country under- taxation in this country. What this ment is here because it is an election stand that this is not a Republican or vote will largely be about is our level year. I ask my friends, where is the Democrat issue, this is a simple mat- of taxation, the highest in peacetime constitutional amendment to provide a ter: Do we want to make it more dif- ever. Is that reasonable? Should we two-thirds vote to decrease Social Se- ficult to raise taxes on American citi- rush to increase it? Or is it reasonable curity benefits that millions of Ameri- zens? Do we want to make it more dif- to say that should be the limit, and we cans depend on? Where is the constitu- ficult for America to have to pay more should try to go down from here? tional amendment to require a two- taxes? Do we want to raise the bar to a b 1130 thirds vote to cut Medicare? Where is level that would say this is not about your constitutional amendment to pro- willy-nilly tax increases, this is about So when Democrats take to the floor vide a two-thirds vote to cut education something serious because it comes and say we are creating a bias against funding for our kids? That is not here, right out of their pocket? new taxes, we are creating a bias for and it ain’t coming here because that Mr. Speaker, I yield 5 minutes to the tax cuts, I say amen, yes, we are. That we can do by a majority vote. But we honorable gentleman from Louisiana is a large reason I am for this proposal, need two-thirds to lock in tax loop- (Mr. VITTER). and I think it is very interesting and holes for some people’s corporate Mr. VITTER. Mr. Speaker, I rise be- instructive that that is the reason friends. That is what this is all about. fore the House today to urge my col- many Democrats will oppose it, and Mr. Speaker, I yield 7 minutes to the leagues to support this tax limitation that is the reason many Republicans, gentleman from Washington (Mr. amendment, an important joint resolu- certainly including me, will speak for MCDERMOTT). tion that will help rein in creeping big and vote for the proposal. (Mr. MCDERMOTT asked and was government. We also have to recognize that this is given permission to revise and extend To listen to the minority, we would not being done in a vacuum. This is not his remarks.) think this is some radical idea that is being done in some era of historically Mr. MCDERMOTT. Mr. Speaker, I lis- just from outer space. The fact of the low taxes. It is being done in a very tened to my good friend from Wis- matter is, this is a good idea that has specific context, an era of the highest consin, and he is wrong. They have not come to us from States around the peacetime tax burden on American just done it in election years. They country, as so many of our good ideas working families in history. That is have brought this thing out here every and reforms that we have been trying something we need to face and work to- year at this time. This is an annual to implement at the Federal level do. ward reversing, the highest tax burden event. It really is like the sparrows, or It is not a radical idea. It is an idea in peacetime on American working fami- swallows. Is it swallows or sparrows? practice in many States across the lies. In that context, is it not fair to Mr. KLECZKA. Swallows. country, including my State of Lou- say we are going to put this two-thirds Mr. MCDERMOTT. We have got to isiana. vote into effect to not raise taxes? take this seriously, do we not? These States, particularly in recent years, Finally, one of the most important guys really worry about somehow the have approved all sorts of restrictions things this tax limitation amendment money getting away from us, that it is on the ability of their legislatures to will do is to help bring this body to- somehow flowing out. They have been raise taxes. Voters in these States have gether, to help bring the American peo- in control for 5 years. When they came agreed with this overwhelmingly. They ple together and achieve solid con- in, they passed a House rule that said have responded with overwhelming sensus on a very important question of that if you are going to do anything margins in terms of passing constitu- raising taxes. All too often very impor- with taxes, it took a two-thirds vote, a tional amendments to heighten the tant measures like tax increases are three-fifths vote or whatever it was. bar, to raise the bar, to limit State leg- passed by the slimmest of majorities. It did not make any difference, be- islatures in terms of their ability to That really fractionalizes our House cause every time it came up, they raise taxes, make it harder for State and the American people in the na- waived the rule. They waived their own legislatures and local governments to tional debate over these questions. rule. They said it is going to take this increase taxes. Should something as significant as in- much to pass any tax increase. But The tax limitation amendment on creasing a historically high tax burden whenever they wanted to do it, they the floor today embodies these prin- even further not require a solid con- waived the rule and said we will do it ciples and this common practice in sensus? Should that not require a with a majority. They did it so many many States. I said it is in practice in supermajority? Will that not be good times in the first session, the first 2 Louisiana. It has been for some time. for our national debate and our body years they were in power, that the next We require a two-thirds vote of the leg- politic? I think a two-thirds majority time they came in, they said, well, let islature to raise taxes. That is not a should be required, I think that would us revise the rule and make it really new idea. It has been in practice for be good for this institution and for the meaningless so that it only affects two many years. body politic and for the debate around or three little parts of the code. That When I was in the State legislature the country so that we only do that way we can put any tax increase we over the past 7 years, we went a step when we have a solid consensus in want over here by a majority rule and further and we adopted the same rule favor of it. in all the rest of the Tax Code. We pro- to even raise what can fairly be cat- Mr. KLECZKA. Mr. Speaker, I yield tected these couple over here. egorized as fees. So we put the same myself such time as I may consume. They could not even comply with two-thirds vote burden even in terms of The real reason we are here today de- that in a bill that the President vetoed raising what could be fairly called a fee bating this issue is that this is an elec- last year. This is not a serious event. versus a tax. And again, this is not a tion year and we need a rollcall. We As I said yesterday, what you really radical idea. It has been in practice, need a rollcall on who supports increas- need to do is figure out looking at the and it has worked. ing taxes with a two-thirds vote. To calendar what holy day is it or what Now, some on the minority side prove my point, I ask the Speaker to saint’s day is it or what holiday is it or would say, well, this is unfair because look around the Chamber. Here the what important day is it for Americans H2136 CONGRESSIONAL RECORD — HOUSE April 12, 2000 and you will figure out what the Re- Mr. KLECZKA. Mr. Speaker, we have pay too much in taxes. The things that publicans are going to bring out on the a sad situation in this country where they had worked hard for all their life, floor. American citizens are renouncing their that they then could sit back and enjoy When it was St. Valentine’s Day, we citizenship, taking their wealth to for- life is being taken from them by a tax brought out the valentine for every- eign countries in a very, very obvious code, an unfair tax code, the threat of body, the marriage tax penalty bill attempt to avoid any taxation. If, in a Congress raising taxes to take more passed here; and everybody got a valen- fact, this constitutional amendment and more from people who had earned tine from the House of Representa- would prevail and be ratified by the the money. tives. It has not passed the Senate. It States, what would the effect be on That is why people are leaving. They is probably going to pass maybe some- American citizens renouncing their are not leaving because it would be time in the future, but nothing has citizenship and us trying to stop that more difficult to raise taxes. They are happened to it since. We have not outflow for tax avoidance? not leaving because they are concerned heard a word about it. Mr. MCDERMOTT. We would have to about somebody taking less of their Now we are down to tax day. We get have a two-thirds vote in here to get money. They are concerned about a rash of bills yesterday, the taxpayers’ anything done. We could not do it by someone coming and taking from them bill of rights, and now we have got this the majority vote. A minority of peo- what they have worked hard for. thing out here for a supermajority on ple, 33 percent of the people in this b 1145 raising taxes, because they know peo- House could stop that from happening. This is an important issue. This is a ple are thinking about filling out their We could never correct that. The gen- defining issue in Washington, D.C. income tax, all of us are doing it; and tleman just points out one of a million they know that people are worried or Mr. Speaker, I am very, very proud problems with this. But it is obviously and pleased to yield 5 minutes to the think they are paying too much or not a serious effort. It is going to go whatever, so let us go out there with gentleman from Farmsville, North down here very shortly because most Carolina (Mr. JONES), a member of the something that will stir the people up, people realize that it is just for show. and we will show them we really care Committee on Banking and Financial And when the day comes, I believe it Services. about taxes. But when it gets dark will be about the 7th of November, you around here and they have to do some- Mr. JONES of North Carolina. Mr. will wish you spent your time on the Speaker, I thank the gentleman from thing, they immediately waive all the floor working on the Patients’ Bill of rules and slide through stuff all the Texas, and also I rise in strong support Rights and prescription drugs and fi- of this tax limitation amendment. time. nancing for schools and a whole raft of Now, the thing that I keep wondering Mr. Speaker, I am like most of my other real issues. colleagues, both Republican and Demo- about, I was looking at my calendar This is not a real issue. If it were, last night trying to figure out what crat; when I go back to my district, I you would not waive your own rule day are they going to bring the Pa- do a lot of speaking at civic clubs, I every time you bring an appropriations tients’ Bill of Rights out here. You hold town meetings, and probably the act out here. You have broken every have got all the people in this country, most important thing that I can say is single point of order on putting caps on all the polls show they want something that, like all of my colleagues on both expenditures. Every single one has that passed the House, passed the Sen- sides of the fence, I listen to the people waived the caps. The ability to con- ate, been sitting in a conference com- I have the privilege to serve. strain spending is in your own hearts; I can tell you that in the Third Dis- mittee, they want something that puts and now you want to come out here trict of North Carolina, and I believe the control of their health care back in and say, well, this is what we do. The throughout this country, the majority their doctors’ and their own hands, not the insurance companies. Bible says, by your deeds you shall of the people that pay taxes believe Any poll you run out there will be 80 know them. And, in fact, your deeds that they are overburdened with a tax percent for doing something about the say this is nonsense. Everyone ought to system and with taxes coming from Patients’ Bill of Rights bill. But I can- vote against this. Washington, D.C.; and many of these not figure out what day it is going to Mr. SESSIONS. Mr. Speaker, I yield people throughout this country and be. I thought maybe Fourth of July; myself such time as I may consume. throughout my district feel that too Never has there been a more logical that would be freedom from insurance many times those in Washington, D.C. explanation to understand the dif- companies. I do not know how they are on both sides of the aisle really are not ferences between the two parties. The going to construct this, but they will listening to them. find a day that that fits. The next Democrats today in the minority stand I think that when we are today de- question I have is what day are they up and say things that take time, ideas bating this issue, I am like the gen- going to bring out the prescription that take time to mature are bad ideas, tleman from the other side, I wish drug bill for seniors? There must be like raising the earning limits for sen- there were more people on the floor, some day. It would not be Labor Day, I iors that took 30 years before we could and maybe during the day there will be guess. Memorial Day maybe. That is it, get that done. A balanced budget, 30 others on both sides of this issue com- Memorial Day. They will come out years of Democrat control to where we ing to the floor, but I think today what with it because they will think people had $5.5 trillion worth of debt in this we are saying to the American people want to memorialize old people. I do country. Welfare reform. Bad ideas. is that we are listening to you. not know how they are going to do it. These are the same words we hear over As the gentleman from Texas (Mr. If you would not waste so much time and over and over again. IRS Tax Code SESSIONS) said, yes, maybe it will take on this kind of nonsense and would reform. Silly. Who would want that? I 2 or 3 more years, but the point is, yes, come out here and deal with the issues am pleased to say that the Republican you are right to talk about Social Se- that really affect American people, you Party wants it. I am pleased to say curity and these other issues, we do would be able to get somewhere. But that people back home want it. I am need to be debating these issues and this kind of thing, we will take the pleased to say that today what we are need to try to find solutions to prob- vote. As I look around the floor, there doing is very important for people who lems. But I will tell you that one of the are four of us on the floor right now, understand that it is too easy for Con- problems is that the American people out of 435. It is a big issue, folks. You gress to raise taxes. I am proud of what are overburdened with taxation. can tell how much people really care we are doing. It may take us 20 more I have to say, being a former Demo- about this. One hundred of them sign it years; it may take us 5 more years. But crat who became a Republican, that I and they will not even come over and I will tell you that it is the right thing believe sincerely that it has been my talk about it. I guess they are kind of to do. party that has started these debates on ashamed of the foolishness of it. The speaker before talked about peo- the floor. It has been my party that has Mr. KLECZKA. Mr. Speaker, will the ple leaving this country, leaving this introduced legislation, and sometimes gentleman yield? country because they do not want to in a bipartisan way that we have Mr. MCDERMOTT. I yield to the gen- pay taxes. That could be true. I think passed legislation, to bring tax relief to tleman from Wisconsin. it is that they realize they have got to the American people. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2137 I think today this is a unique oppor- Federal Government does not take he had piled that thing end to end it tunity to talk about this tax limita- from us,’’ us, the American people, would have reached up there to the tion act because, Mr. Speaker, when we ‘‘every decision it does not make for clock. talk about amending the Constitution us,’’ the American people, ‘‘will make Well, what have the Republicans and creating a two-thirds majority to our economy stronger, our lives more done for the ordinary taxpayer that is pass tax increases on the American abundant, our future more free.’’ out there struggling through their re- people, we are basically giving it back Mr. Speaker, if we are truly the peo- turns to simplify that code? Well, to the American people through their ple’s House and the people’s represent- today, after 6 years of Republican lead- legislative process to say yes, we want atives, then we need to pass this ership in this House, it probably now an amendment that will protect us and amendment. stretches above the clock, because they protect our families. Mr. KLECZKA. Mr. Speaker, I yield have added an additional 100 sections Mr. Speaker, the four largest Federal 30 seconds to the gentleman from Mas- more or less to the Tax Code. Instead tax increases in the last 20 years would sachusetts (Mr. FRANK). of dealing with issues like simplifying have failed had this amendment been Mr. FRANK of Massachusetts. Mr. our Tax Code and making it fairer and in place. I think that is worthy to be Speaker, in the interest of historical more equitable to the ordinary middle- repeated. accuracy, I was going to ask if Presi- class taxpayer, they have recycled The four largest Federal tax in- dent Reagan said that when he signed a whatever speech and proposal they con- creases in the last 20 years would have big tax increase in 1982, which he sidered at their last political conven- failed had this amendment been in deemed necessary for economic pur- tion. So this is the second, third, place. poses, or when a couple of years later maybe more years in Congress that we Mr. Speaker, most recently, in 1993, he signed another significant tax in- have had this same sorry proposal out President Clinton and a Democratic crease which raised Social Security here to consider. Congress passed the largest tax in- taxes? Those were two tax increases Now, if you are out there working on crease in America’s history. Now, I do President Reagan signed. I do not your return and you are happy, and not know if that would have passed or think either one of them got two- you think that a Tax Code that not, I doubt if it would have, if this had thirds, so they might not have been stretches up to the clock and beyond been in place. passed under this. I wonder whether under Republican leadership is great, Mr. Speaker, we always are saying, Mr. Reagan said that when he was sign- that it is fair, that it is equitable, that both sides of the aisle, that this is the ing those two very significant tax in- everyone in our country, from the very people’s House, that we are the people’s creases. I voted against both of them, largest corporations to the person who representatives. Well, I think we need by the way. is down at the lower end of the wage to listen to the people, and the people Mr. KLECZKA. Mr. Speaker, I yield scale that is figuring out a fairly sim- in this country are crying out for re- myself such time as I may consume. ple tax return, if you think they are all lief. They do feel and I feel also that Mr. Speaker, I should point out that being treated fairly; if you think there they are overburdened. the framers of the Constitution pro- are no special interests that come to I think the citizens of this country vided that Congress shall have the sole Washington and get special loopholes have a right to know when the House is power to declare war, and under that written into the Tax Code so that they debating a tax increase and that we constitutional provision a majority, a can dodge taxes, so that they can come need to debate it on the floor of the majority, of both Houses is required. If, close to cheating on their taxes under House, and I think a two-thirds major- in fact, there was a need to amend the the system; if you like every aspect of ity of both sides voting to bring relief Constitution to provide for a two- the system that we have now, plus the for passing a tax increase on the Amer- thirds vote, surely do not you think a additional 100 sections that the Repub- ican people is extremely important. declaration of war, and not taxes, licans have added to the Tax Code, to- In my opinion, Mr. Speaker, Congress should be the item that we would be day’s proposal is a perfect proposal for should never seek to raise taxes on the debating today? Do you think a dec- you. Because what they are seeking to American people without a two-thirds laration of war is less important than do with this old recycled, retread pro- majority. That, again, is my philos- the tax issue of this country? I think posal that they drag out on the eve of ophy. Some will agree, some will dis- not. tax-paying day every season, what they agree. Mr. Speaker, I yield 9 minutes to the are seeking to do is to freeze into place Mr. Speaker, in closing, I want to gentleman from Texas (Mr. DOGGETT). the code that we have today. So if read a quote from former President Mr. DOGGETT. Mr. Speaker, I thank some lobbyist has come to Washington Ronald Reagan from his 1985, I believe, the gentleman for yielding me time. and they have written themselves in a State of the Union address. I am going Mr. Speaker, I believe the American special loophole for their special inter- to repeat it after I read it one time. people have come to realize that every ests because they had the longest lim- Mr. Reagan said, ‘‘Every dollar the spring about this time, as sure as day- ousine and the biggest political action Federal Government does not take light savings time going into effect and committee and the most effective lob- from us,’’ meaning the American peo- Easter and Passover coming along and byist, well, their provision will be fro- ple, ‘‘every decision it does not make kids anticipating their graduation zen in unless we can get not only a ma- for us,’’ meaning the American people, from school, that it is tax time on jority of this Congress, but two-thirds ‘‘will make our economy stronger, our April 15, and what they can expect is of this Congress to come forward and lives more abundant, our future more the same old complicated Tax Code. stand up to the special interest group, free.’’ But they can be reassured that Repub- which we could not get a majority to Mr. Speaker, I sincerely believe that licans will be out here talking about it. do in the past, but we have now got to those words by Mr. Reagan fully ex- All those American citizens that are have two-thirds. plain why and how so many people out there now working on their tax re- So if you like the system we have throughout this country feel that too turns may not find a great deal of reas- now, if you like all the loopholes and many times the United States Congress surance that after 6 years in office, all the special interest provisions, you is not listening to them, no matter that our Republican colleagues, after 6 ought to be supporting this proposal. It what the issue might be, whether it is years of holding control in this House, will freeze them in forever if this re- taxes or another issue. But when it all that our Republican colleagues have tread proposal were actually designed comes to taxes, Mr. Speaker, I can hon- to offer this morning is the same old and put into place in our Constitution. estly say it is the Republican Party recycled speeches they have been giv- If you think we need significant that has brought these debates on the ing and the same approach for the last change in the way our system works, floor to bring relief to the American 6 years. well, then I would think you would be people. I remember in one of the earlier ses- strongly opposed to this kind of ap- Mr. Speaker, I want to quote Mr. sions, I think it was back around 1995 proach. Reagan again. I am going to quote Mr. or 1996, some fellow came out here and Now, over the course of the last 6 Reagan when he said, ‘‘Every dollar the brought the whole Tax Code. I think if years we have often heard the same H2138 CONGRESSIONAL RECORD — HOUSE April 12, 2000 people who came out and piled up the And I think it is an outrage. I think the estimates that $10 billion a year is Tax Code tell us that they disliked it it is the kind of outrage that has grown being lost in these cheating tax dodge so much that they were going to just to such a substantial extent that we schemes, I believe the next Congress is grab down there and pull it out by the now even have the lawyers that rep- going to have enough new Members roots. That is a good applause line at resent some of the corporations that that people will say, enough is enough. the kind of convention that considers are dodging their taxes coming before We have had 6 years of do nothing, do these old retread proposals like we the Congress in the form of the Amer- little, avoidance of these problems. have up here this morning. ican Bar Association tax section, the Just as these kinds of folks encour- Well, they have been in office 6 years, tax section of the New York State bar, age tax avoidance, we have had a lead- and they had a hearing on pulling the and urging us to do something. They ership that has problem avoidance. code out by the roots back in 1995. As recognize what a do-nothing Congress They want to avoid the problems. I I speak, there is another hearing going this is and how it will not respond, and know it appeals to the same special in- on. There has been no proposal ad- they come forward and say ‘‘please ad- terests that get these tax shelter hus- vanced for a vote over that 6 years in dress this problem.’’ But this Repub- tler proposals. the Committee on Ways and Means to lican leadership has retreads like this But I believe the American people pull it out by the roots. There has been instead. that are out there working on their no proposal presented even this week Mr. MCDERMOTT. Mr. Speaker, will taxes, certainly everybody would like after 6 years of the Republicans being the gentleman yield? to pay less, but they would like to at in charge here in the House. I think Mr. DOGGETT. I yield to the gen- least be sure that other people are they cannot figure out which root to tleman from Washington. being dealt with fairly. Clearly these pull out, where and what new roots to Mr. MCDERMOTT. Mr. Speaker, I people are not dealing fairly. put down to replace it. have a question. I am on the Com- Mr. SESSIONS. Mr. Speaker, I yield So, instead, they keep coming up mittee on Ways and Means with the myself such time as I may consume. with the same old retread proposals, gentleman, and I do not remember us Mr. Speaker, here we continue with that if we ever made the mistake of ac- ever having a hearing on this. the wonderful debate, which is what tually adopting them, would only make this amendment is all about, an oppor- b 1200 the system worse than it is today and tunity for us to debate in the open, on would assure that we could not get I do not remember us ever having a the floor of the House of Representa- change in the system. hearing, have us ever come and testify tives, the question of whether we are Mr. Speaker, there are some specific about this. To the best of my knowl- going to make it more difficult for proposals that some of us have been ad- edge, there has never been a hearing in Congress to raise taxes, raise taxes on vancing to try to address inequities in the Committee on the Judiciary. the American taxpayer or not. It is a this Tax Code. What has been most I Mr. DOGGETT. On this particular question of whether Washington, D.C. think indicative of the kind of problem amendment? is going to make it more difficult to we have today is that Republican lead- Mr. MCDERMOTT. Yes, on this par- raise taxes or whether we are going to ership would rather focus on these ticular amendment. keep the status quo. meaningless retreads, instead of focus- Mr. DOGGETT. They had a hearing My colleagues on the other side of ing on real issues, such as the way that at their political convention on it, so the aisle once again talk about all the corporate tax shelters manage to avoid they really do not need to have sub- things that this Republican Congress what many have estimated is $10 bil- stantive hearings on it, because this is has not done, all the things that we lion a year in taxes and closing that up a political gimmick. It is a gimmick, have had an opportunity to do. I would and seeing that they get treated the not really a serious proposal about how remind my colleagues that, in fact, way that middle-class taxpayers get to resolve the concerns American tax- these same words were said about a treated. The Republican leadership has payers have. said there is no need to address cor- balanced budget. Mr. MCDERMOTT. So when they put I remember running for Congress porate tax shelters. the sham together, they do not even The situation is so bad that it has back in 1994, and people were saying to bother putting the dressing around it made the front page of Forbes maga- me over and over and over again, We zine. This is not some strange off-beat and having a hearing? will never have a balanced budget. It journal. This is the magazine that calls Mr. DOGGETT. I think that is right. will never happen in my lifetime. itself ‘‘the capitalist’s tool.’’ They In other words, most proposals dealing Well, there were people who did be- wrote about the problem of tax shelter with the Tax Code would bring in the lieve it. The naysayers who were there hustlers, describing on the magazine experts; would do the kind of thing today are people who understand that cover this fellow in the fedora, ‘‘re- that I sought to do with these tax shel- this economy that we have in America, spectable accountants are peddling ter hustlers, bring in the academic ex- the opportunity, the growing economic dicey corporate tax loopholes.’’ Ten perts, the people out in the field, as development that we have, jobs in com- billion dollars a year is the estimate of well as just some ordinary citizens munities, schools that are producing lost tax revenues from tax shelters. from across the country, to point out not only brighter and better students And the response of the Republican what an outrage this is. but students who have technology at leadership, when they could be out here But on this proposal, this has been their fingertips, this is a part of what today doing something about that, is more of a political gamesmanship kind happens when we have a grand and bold to squelch any real reform. The chair- of thing. They have not had a hearing idea, an idea that has always on the man of the Committee on Ways and because I guess other than recycling other side been talked about in nega- Means and the Republican majority this old political rhetoric, there really tive ways: It would never happen. A leader are saying that tax avoidance is would not be much to hear. balanced budget is silly. No need to do about as American as apple pie, and en- Mr. MCDERMOTT. That is why we that. courage the continuation of this kind call it a retread. It has been through Welfare reform, the same way. We of misconduct. here, and they are trying to do it talked about welfare reform on the The Secretary of the Treasury, Mr. again. I think we will see it next year. floor of this House of Representatives, Lawrence Summers, has suggested that Mr. DOGGETT. Next year we will and day after day after day it was the this is the most serious compliance have substantial change. I believe that other side, it was the minority party, problem that we have in America next year, since this particular Con- who said, we do not need welfare re- today, this problem of tax hustlers. It gress once again will not even honor form. It will not amount to anything. is usually some former employee here the recommendations of its Joint Tax As a matter of fact, it will harm the on Capitol Hill that goes out to work Committee to address corporate tax children of America. for some big accounting firm, and they shelters, ignores the recommendations IRS Tax Code reform. We hear the make a fortune selling and teaching of the Secretary of the Treasury that gentleman from Texas say that the Re- people how to dodge, cheat, join in on this is the biggest tax compliance prob- publicans have done nothing with what tax scams. lem we have in America today, ignores they had. In fact, what we have done is April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2139 done things that are for the taxpayer: stand on his own two feet and have an years ago adopted an internal resolu- A $500 per child tax credit, a $500 per opportunity to make a go of it by him- tion that required a two-thirds major- child tax credit that matters. Every self. ity to raise revenues by any vote taken single time an American who has a That is why we offer the education by the House of Representatives. child goes to fill out their tax form, savings account. That is why we cut What have we seen in the carrying they get a $500 per child tax credit. It capital gains. That is why we had a $500 out of the adoption of that change in is going to happen again this Saturday per child tax credit. That is why we the rules here? What we have seen is as Americans are filling out their raised the exemption for death taxes. that virtually every time the issue has forms, they will get that. That is why just 2 weeks ago this come up, the leadership of the House Cutting capital gains. We heard, Cut- House voted 422 to nothing on what had has waived the requirement. So one ting capital gains? A dangerous, risky been controversial years before, to say can only conclude that this proposal proposition. We should not do that. Mr. we should raise the earning limits for for a super majority, anti-democratic Speaker, I would submit that the 1997 seniors. We should not deny senior citi- super majority to raise revenues, is one capital gains tax cut that Republicans zens who choose to work, which allows that is not really believed in by those voted on and supported that was signed them not only to be in business but people who are offering it, because by the President has meant that Amer- also to be healthier and happier, not to every time they have had an oppor- ica has a booming economy. lose their social security because the tunity to put it into place they have Oh, the minority said, do Members Tax Code said that was the right way. abandoned it. They have walked away realize that the tax collector, the I am proud of my party. I am proud from it. It seems quite clear that they United States government, will have $9 of my party and people back home and do not even believe in it themselves. billion less in their coffers? Well, once groups that will work to say, We need Why would we want to do this? Why again the minority party is concerned to make it more difficult to raise would we put fiscal policy in a Con- about the tax collector. It was the Re- taxes. We need to make it more dif- stitution when every sound economic publican party who was concerned ficult, and it is a simple matter. That principle everywhere says that that about the taxpayer. is what this amendment is all about. would be a foolish thing to do? Why What happened? What happened was I will confess, we may not get the would we want to do it? How would we that the tax collector got $90 billion amount of votes that we need today. react to emergencies? How would we additional dollars in the Treasury, just We will get a majority of the votes, but respond to a crisis in agriculture? How like Republicans, through the leader- we will not get enough. But the dream would we respond to national emer- ship of the gentleman from Texas (Mr. lives on forever. We intend to continue gencies of various kinds? How would we ARCHER), chairman of the Committee with this. Yes, it is done at tax time. It respond to natural calamities when we on Ways and Means, said that we will is done at a time when people under- needed to respond aggressively and make a substantial investment in stand that there is a voice, not a voice forthrightly and attentively to those America because we are going to lower in the wilderness but a voice on the problems when people were in serious the risk. We are going to encourage floor of the House of Representatives, trouble? people to participate in that which we the people’s body. Look what is happening in the farm are doing. We are going to take people We are going to get 240 votes on this belt all across America. Look what is and move them from welfare to work. today. We are going to stand up and happening to agriculture as a result of We are going to enrich communities talk about how it should be more dif- the 1996 farm bill and the destructive because we are going to allow dollars ficult to raise taxes. I am proud of impact that that has had upon ranch- to be invested in America. what my party stands for. I know what ers and farmers all across the country. Oh, but there is more. This Repub- the other side stands for. We are not even responding to that lican do-nothing Congress raised the Mr. Speaker, I reserve the balance of adequately now under the leadership of exemption for death taxes. That is not my time. the Republican party in this House. do-nothing, that is a realistic oppor- Mr. KLECZKA. Mr. Speaker, I yield Imagine how much more difficult it tunity for people upon their death to myself such time as I may consume. would be if we required a two-thirds know that their estate, instead of Mr. Speaker, I find it kind of intrigu- majority. being broken up and splintered to the ing that the Republicans are trying to They have turned their backs on wind, thrown to the wind, and family rewrite history, for if we go back to ranchers and farmers. Now they want businesses, small businesses and land, when this administration took over, to get even further away from them agricultural producers of food for not they inherited a debt approaching $280 and other people who would face dif- only this country but the world being billion a year from the Bush adminis- ficult circumstances in our country by broken up just because of a Tax Code, tration. It was in 1993 that this Con- implanting this super majority, this we heard, Oh, no, cannot do that. Bad gress bit the bullet and passed a deficit anti-democratic super majority provi- idea. That is for rich people. reduction bill which massively cut sion in the Constitution as an amend- The education savings accounts, it spending, and it did adjust some taxes, ment to the United States Constitu- was the Republican party who stood up but the effect of that legislation was to tion. It is an absurd proposal. against the naysayers of the Democrat bring this country where we are today, Why are they advancing the pro- party saying, This is bad for America, enjoying the greatest economic growth posal? Ostensibly they are advancing it is bad for public education to have in its history. the proposal because they would like education savings accounts. If it makes Republicans feel good and everyone to think that taxes are too Mr. Speaker, I will tell the Members they want to take credit for it, let high, that Federal taxes are too high. that as the father of two little boys, them do it. But let us not rewrite his- Of course, everyone who is struggling one who is a 10-year-old who is a tory, because this administration, with their income tax form these days straight A student, who has taken ad- when it took over, inherited an annual is prepared to believe that, or many vantage of books and education and debt approaching if not exceeding some people are prepared to believe it, I as- computers and technology, the oppor- $280 billion a year in red ink. sume. tunity for him to be no different than Mr. Speaker, I yield 10 minutes to But the fact of the matter is that the other children who want to learn and the gentleman from New York (Mr. situation is quite different from that. read, for parents who get up and go to HINCHEY). Let us just take a look at certain peo- work every day and work hard to save Mr. HINCHEY. Mr. Speaker, I thank ple in our economy and how the income money for that education for that child the gentleman for yielding time to me. tax code relates to them. is important; also the parent of a 6- Mr. Speaker, perhaps the kindest The median income in America today year-old Downs syndrome little boy, characterization of this proposal would is about $46,700. That is the median in- which my wife and I are, I know that be to say that it is disingenuous. It is come; half below, half above. The aver- our son needs more investment in not obviously disingenuous, because the age Federal income tax rate for a fam- only his education but his develop- party that is offering it here, the ma- ily of four at the median income in ment, just to make sure that he can jority party in this House, several 1999, last year, is 7.5 percent. In 1981, it H2140 CONGRESSIONAL RECORD — HOUSE April 12, 2000 was 11.8 percent. The fact of the matter filing day, is hot air from the Repub- a Democrat, a pro-environmental group is that the tax rate for people at the licans. or an anti-environmental group, let us median income is lower now than it I would like to redirect the gentle- at least tell the taxpayers who is fi- was in 1981, and in fact, is the lowest it man’s attention from hot air to dirty nancing them. And this Republican has been since 1966. air and another section that would be leadership, the same Republican lead- If one is making half of the median frozen into place, and that is section ership that could have just sent all of income, he is in effect at a negative in- 527, which the gentleman joined with us and the American people a cassette come tax as a result of the changes in me last week in sponsoring legislation with the speeches that they gave last the earned income tax credit that were to address. Being from New York session or the session before that or put into place by the Clinton adminis- State, did the gentleman have occasion the session before that or the session tration as a result of the 1993 budget to see the ads that some Texans ran before that on this same sorry pro- proposal. As a matter of fact, that against Senator MCCAIN there in New posal. budget proposal also made some adjust- York State? They said they did not have time to ments downward for people at the Mr. HINCHEY. Yes, I believe I did. consider that. They basically said that lower-income ranges, as well. So the Mr. DOGGETT. Even though Texas the only way they can get through this situation for people at the median in- has some problems, having out- election was to continue taking unlim- come is better today than it was in distanced Los Angeles, which is one of ited amounts of secret money, includ- 1981. People making half of the median the cities that has the dirtiest air in ing foreign money, that can be dumped income are not paying any income the country in many areas, the claim into these political Swiss bank ac- taxes whatsoever. was that one candidate was not enough counts called 527’s and continue to What about people making a little of an environmentalist, but instead of stuff misinformation into our mail- bit more money? Suppose someone is doing that as a direct campaign, they boxes and run hate on to the airwaves. making twice the median income. Sup- used a 527 organization where the gen- They refused to consider the proposal tleman could not even find out who put pose they are making somewhere in ex- that the gentleman personally has the ad on television. cess of $90,000 a year for a family of sponsored, did they not? Mr. HINCHEY. Yes. Mr. SESSIONS. Mr. Speaker, I yield four. The fact of the matter is that the Mr. DOGGETT. Instead of doing the median income for them is now 14.1 myself such time as I may consume. kind of hot air measure that we have Mr. Speaker, in response to the gen- percent. What was it in 1981? It was 19.1 here today, I believe the gentleman tleman from New York (Mr. HINCHEY), percent. joined with me in saying that that was who is my good friend, during the time b 1215 wrong and that taxpayers ought to on the floor the gentleman wanted us The median income for a family of have a right to be able to find out to question why we are advancing this four and the tax rate for the median in- whether it is some Texas friend of one idea, what possibly could Republicans come, people making twice the median of the other presidential candidates or be for. Why are we advancing this idea? income is lower than it was in 1981. whether it is Chinese money or Iraqi It is quite simple. We would like to Even after tax income, the after-tax money or Cuban money or just some make it more difficult to raise taxes on rate for people at the top 1 percent is homegrown special interests that the American taxpayer. wants to pour money into these kind of even lower than it was in 1987. The fact Secondly, the gentleman asked, oh, Swiss bank accounts of the political of the matter is that taxes are taking my gosh if we had this, how would we season this year to make unlimited ex- less of a bite of the income, Federal respond to emergencies? The obvious penditures, but never tell the tax- taxes, Federal income taxes, taking implication is, could not raise taxes, payers who is funding these kinds of less of a bite out of the income of could not raise taxes in the event of an hate campaigns that the gentleman Americans than they were back in 1981. emergency. must have seen in New York State. Mr. Speaker, I think it is very inter- This proposal is not just disingen- Mr. HINCHEY. Mr. Speaker, we did esting that if we follow this, then we uous. It is not just a proposal in which see them in New York State, and there would have to respond to a crisis or the proponents of it do not really be- were advertisements that were put any crisis in the following manner: lieve themselves. They have abandoned forth principally on Long Island; and number one, we would have to raise it every time it is come up. They know they, of course, were deceitful. They taxes; that is the first thing the Demo- very well it is not going to pass. It is were deceitful in a variety of ways. crat Party wants to do. Number two, not going to get two-thirds of the ma- First of all, they pretended that the raise spending. Go spend it, go spend jority of this House voting for it. proponent of those ads, the beneficiary all of the taxpayers money, spend more It is simply put up here for partisan of those ads, was one who had a sound and more and more. Number three, in- political reasons in the hope that they record in environmental protection crease inefficiency, bigger government. can deceive a few people here and there when we know that the environmental Give it to the government, bring it to around the country, that the Repub- record of Governor George W. Bush in Washington, D.C. lican Party really wants to see taxes Texas is an abysmal record. My proposition is quite the opposite. cut, that they really believe in lower In the air quality arena alone, for ex- My proposition is that it should be taxes. ample, the city of Houston now has more about efficiency. Under a post-tax When it was pointed out here just a surpassed Los Angeles with the worst limitation amendment, the first thing few moments ago with the tax shelter air quality in the country, as a result that would happen is, government hustlers, the front page of Forbes mag- of the fact that Governor Bush has ve- would have to increase efficiency. Gov- azine what they really want to do, toed every attempt to pass sound envi- ernment would have to look inward to what they really want to do is protect ronmental control legislation in the itself. the privileges of the very, very State and turned his back on environ- It would have to do the same thing wealthy. mental quality in the State generally. that I do at home with my wife and my Mr. DOGGETT. Mr. Speaker, will the Furthermore, the ads that the gen- family. We would have to live within a gentleman yield on that point? tleman is talking about now, which budget; could not raise taxes as easily; Mr. HINCHEY. I yield to the gen- were allowed as part of the Tax Code, have to work within what we have; tleman from Texas. those ads that the gentleman very ap- have to make some hard decisions; Mr. DOGGETT. Mr. Speaker, cer- propriately brought to our attention have to prioritize. It would increase ef- tainly it is important to point out they today and which are allowed in a sec- ficiency because it would require the will freeze into place all of these spe- tion of the Tax Code are totally deceit- Government and the Congress to make cial interests provisions, all of these ful and point out the reason why we tough decisions. Today, the path of loopholes. The gentleman focused, I need campaign finance reform and least resistance, let us raise taxes, let think, very eloquently on the effects of point out the illegitimacy of this pro- us raise spending, let us just go do the their proposal and has also noted that posal. same old Washington dance. what we mainly have been dealing with Mr. DOGGETT. Mr. Speaker, we said, Secondly, under a post-tax limitation here, as is the case around every tax look, whether those ads are put on by amendment, it would mean that we April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2141 would have to then look at raising Tax limitation would require in this two-thirds majority approval for any spending. How are we going to do that? House and in the Senate, if adopted, tax increase, this Congress is showing Well, we would do that if there is an that there be a real consensus to raise its deep concern for the constant im- emergency because we had already taxes. It would take a two-thirds vote, balance of raising taxes in order to in- squeezed the lemon dry. We could al- which means we will not have a recur- crease spending. We are attempting to ready prove to people back home we rence of one of the largest tax in- ensure that the American people will have looked inward, we have been effi- creases in American history in 1993 not be subject to the whimsical and cient. Now what we have to do is to with President Clinton and Vice Presi- shortsighted notions of Congress to raise spending. dent Gore’s proposal. raise taxes at the drop of a hat. Remember, we are in a surplus condi- When I look at this, I go back and Presently 14 States across this coun- tion. We do need to use more effi- think about our Founding Fathers. try require a supermajority in their ciently the money that has been given These honorable leaders had the fore- legislatures to raise taxes. What has to us. Lastly, the thing that would be sight to mandate a two-thirds majority been the result? Their State taxes grow required, which is what the taxpayers, vote on certain priority issues in this much slower and State spending is re- I believe, sent all of us to Congress to country. James Madison, a vocal sup- duced. Additionally, these States have do, and that is lastly then to consider porter of majority rule, argued that seen their economies grow at a rate of the last option or the least easy option, the greatest threat to liberty in a re- almost one-third faster than the 36 raise taxes. public came from unrestrained major- States that have not adopted super- This, to me, is what it is all about, ity rule, and that is why they proposed majority requirements for tax in- that the Congress of the United States two-thirds majority for conviction in creases. One-third faster than the should have to come on the floor of the impeachment trials, expulsion of a States that have not adopted super- House of Representatives to debate the Member of Congress, override of a pres- majority requirements. issues, to talk about efficiency, to do idential veto, a quorum of two-thirds of A strong majority of American tax- the right thing for the taxpayer back the Senate to elect a President, to con- paying families support this effort, home; but the easiest thing should not sent to a treaty and proposing con- which will assure that future Con- be to raise taxes. That is where the mi- stitutional amendments. gresses have support of the American nority party, that is where they fall So if it is good enough for those, I public before they attempt to raise virtually every time. That is where think certainly it would be good taxes. Mr. Speaker, the bottom line is that they are falling today. That is the dif- enough for deciding whether we are today’s taxes are too high. Americans ference between these two parties in having taxes here. pay more in taxes than they do for Washington, D.C. Somebody that says There were seven of these that were food, clothing, and shelter. Efforts to let us just raise taxes, let us go raise already in the Constitution when they taxes on the people who have the reduce these burdens on Americans is wrote the document and since then money, let us go raise taxes on people much too little. It is an economic fact they have added three more. who have been successful, people who that the Big-Government crowd would My colleague, Daniel Webster, obvi- create our economy, people who pro- like to ignore. ously a great renowned legend of this vide jobs, we are going to make it more It frustrates me to witness some of great body, said, quote, ‘‘the power to difficult. That is what this argument is the largest tax increases this Nation tax is the power to destroy.’’ about. has ever seen to pass with only one or Mr. Speaker, I yield 5 minutes to my We voted yesterday against $116 bil- two votes, and it frustrates me further good friend, the gentleman from Flor- lion in higher taxes and user fees as to know that this body can vote to in- proposed in the administration’s budg- ida (Mr. STEARNS). crease taxes on all Americans when all (Mr. STEARNS asked and was given et. Americans are simply taxed too of America does not support such ac- permission to revise and extend his re- much. It is both the Federal, State, tion. marks.) and local level where it adds up to al- So today I am asking my colleagues Mr. STEARNS. Mr. Speaker, I thank most 40 percent; and, of course, there to take a long, hard look at the re- my distinguished colleague, the gen- are many areas that we are taxed and markable possibilities this legislation tleman from Texas (Mr. SESSIONS), for we do not even know it. offers and offer their support for this yielding me this time. Gasoline tax is one of them, cor- amendment. Members who oppose this Mr. Speaker, I am delighted to come porate income tax, excise tax, State legislation are telling the American down here and speak on behalf of this and local, as I mentioned. Though the public that it does not bother this Con- amendment. I say with tongue in cheek average American family is paying gress to saddle our Nation, our Na- that the Republicans celebrate July 4 somewhat less in Federal income tax, tion’s taxpayers with economic policies and the Democrat Party celebrates as I pointed out, the overall tax burden that penalize rather than reward. Our April 15. is approaching 40 percent. So this action today will show a great deal For most Americans, April 15 is a amendment is needed, something that about the direction of this Congress dreaded day. It is a feared day, a day in many States are already doing. and this country and, most impor- which taxpayers across the country are I am glad the Federal Government is tantly, about the future of our chil- concentrating and reflecting on Amer- stepping up to the plate, and I urge dren. ica’s most frustrating and complex tax strong support on both sides of the I want to leave behind a legacy of a system. I do not know how many mil- aisle to align yourself with what the strong economy, a strong future for our lions of pages there are, but it is States are doing, align yourself with children, and not one burdened heavily enough. the people and move forward to pass with taxes, stifling growth, limiting So it is altogether appropriate, just this amendment. opportunity. By requiring a super- before the April 15, we should reflect on Mr. SESSIONS. Mr. Speaker, I yield 4 majority to raise taxes, we will prevent our Nation’s Tax Code and the prob- minutes to the gentleman from God- further knee-jerk reactions by big gov- lems it imposes upon taxpayers in dard, Kansas (Mr. TIAHRT). ernment supporters who care more America. So today we will be consid- b 1230 about the outcome of arcane Federal ering a most meaningful piece of legis- programs than the hard work of every- lation addressing the shortcoming of Mr. TIAHRT. Mr. Speaker, I thank day people that I and this amendment the system, the tax limitation amend- the gentleman from Texas (Mr. SES- support. ment which will force Congress to gar- SIONS), the member of the powerful So ask my fellow Members to support ner a supermajority before approving Committee on Rules. the legislation today. any tax increase. Mr. Speaker, I rise today in support Mr. KLECZKA. Mr. Speaker, I yield Later we will have this opportunity of the constitutional amendment re- myself such time as I may consume. to vote for the bill, to scrap the Tax quiring a two-thirds majority to raise Mr. Speaker, the gentleman from Code so we can replace this burden- taxes on hardworking American fami- Kansas (Mr. TIAHRT) just stated that some tax system with something far lies. The tax limitation amendment is all of America does not support tax in- more fair and equitable. powerful, yet responsible. By requiring creases, and that is clearly true. H2142 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Last year, the Republicans in the signed to score political points and of a fingers or a blink of an eye ago. It House produced a massive tax cut bill. having nothing to do with the merits of was just a few short years ago that we They passed it. They went home for the whether there should be a constitu- were standing here in 1993. Yet, why is August break, came back, and that was tional amendment. that year significant to this debate? the last we heard about of it because Now, we have gone through this time Because if we were to return the tax all of the American public did not sup- after time after time. In the past, I burden on the average American family port the direction of that tax cut bill have tried to bring constructive to the level of that tax burden just 7 because they felt that reducing the amendments to the legislation. It was years ago, in 1993, as a percentage of Federal debt was more important. Sav- not a constitutional amendment when our economy, every American family ing Social Security, and modernizing it was done before. It was legislation would get a tax break, would get tax Medicare was more important. that one could try to amend and try to relief of $2,500 a year. That is how I should also point out to the gen- bring some rationale to. much taxes have gone up as a propor- tleman from Kansas that all of his dis- But this year, it is a whole new pro- tion of our economy in just 7 short trict did not support his coming here. posal. It is a constitutional proposal. years, $2,500 for the average family Who did? A majority did. So if a major- But it went around all of the processes. across America of four people. ity is good enough to get him here to It is hard for any of us to take this se- Now, what does $2,500 mean? It means Congress, if a majority is good enough riously other than we must be getting an extra $200 a month in their budget. to have this Congress declare war, I close to April 15, tax day in this coun- The reality is, in this city, in this Con- would think tax policy in this country try, and the Republicans must be very gress, government has grown year in should be made by that same majority. interested in making political points and year out, in good times and in bad Mr. Speaker, I yield 5 minutes to the about the level of taxation in this times, the last 40 years straight. I be- gentleman from North Carolina (Mr. country, which is fine. I mean, they lieve the American people deserve a WATT). can make those political points. No- break. Mr. WATT of North Carolina. Mr. body likes taxes. But we have to have Let me talk to that point. What Speaker, I appreciate the gentleman some priorities in this country. would $2,500 a year for the average fam- yielding me the time. If my colleagues are going to be seri- ily of four or $200 a month for the aver- Mr. Speaker, I really had about made ous about a constitutional amendment age family of four mean? Well, in 1996, up my mind not to come over and even that raises taxes, what about a con- we were engaged in a debate about tax debate this amendment today. It is stitutional amendment that deals with relief on the floor of this House. quite obvious that this is not a serious cutting taxes? Why should there be a Many of my colleagues said, well, the effort to amend the Constitution. What different standard when we are talking American people do not really want tax it is, instead, is a serious effort to about doing away with loopholes in a relief. So I went home, and I said to my make a political statement about tax- Tax Code then we would if we were scheduler, I want to spend an hour in ation. raising taxes. front of a grocery store or drug store We have, every year now for the last But this constitutional amendment on one side of my district talking to 3 or 4 years, had this same proposal on would not give us any authority to people, and I want to spend an hour in the floor. There are not even any pre- have a supermajority. So this is not se- front of a grocery store or drug store tenses this year, because I am the rious. It undermines the basic principle ranking member of the Subcommittee that our country is founded on, which on the other side of my district talking on the Constitution of the Committee is one person, one vote. It undermines to people. I went first to the east side of my dis- on the Judiciary. This amendment did my representational authority for trict. The east side of my district is not even come through the Sub- the1⁄435th of the people of this country middle- to upper middle-income Ameri- committee on the Constitution of the that I represent, because, all of a sud- Committee on the Judiciary this year den, to get something done, we would cans. I stood there on the corner, and I to be considered. require a two-thirds majority vote talked to them about this issue. The Mr. KLECZKA. Mr. Speaker, will the rather than a simple majority. first problem I had was to convince gentleman yield? If this were being taken seriously, it them that I really was the Congress- Mr. WATT of North Carolina. I am would have gone through the regular man in that area. happy to yield to the gentleman from process. So I do not even know why I But once I got beyond that, their sec- Wisconsin. came to debate this. We are not engag- ond concern was, look, politicians will Mr. KLECZKA. Mr. Speaker, what ing in any serious congressional activ- never cut taxes. You do not believe in was the committee vote on the Com- ity. It is obvious from that, from the cutting taxes. You will never give this. mittee on the Judiciary to recommend number of people on the floor. So I will This is just political talk. this resolution to passage? yield back the balance of my time so When I explained to them, no, we Mr. WATT of North Carolina. Well, that my colleagues on the Republican were really serious about this. On the beyond the Subcommittee on the Con- side can go ahead and make their polit- east side of my district, they said, Con- stitution, the bill did not even go ical point. gressman, sure we could use some tax through the full Committee on the Ju- Mr. SESSIONS. Mr. Speaker, I yield 4 relief. It is important to us. Almost 70 diciary this year. It has in prior years. minutes to the gentleman from Ari- percent of them said to me, Absolutely. But if my colleagues are seriously say- zona (Mr. SHADEGG), a friend of the tax- Give me some tax relief. ing that they are serious legislators payer, a gentleman who is a staunch But the important part of this dis- and Members of Congress, and they supporter, a good conservative, chair- cussion was what occurred on the west take their job seriously, and they are man of the CATs, Conservative Action side of my district. On the west side of going to amend the most sacred and Team here. my district, we are talking middle- to profound document of our country, the (Mr. SHADEGG asked and was given lower middle-income and below. I stood United States Constitution, do they permission to revise and extend his re- in front of a drug store on the west side bring a proposed constitutional amend- marks.) of my District, and voter after voter ment to the floor of the United States Mr. SHADEGG. Mr. Speaker, I rise in after voter after voter, citizen after House of Representatives without even strong support of the tax limitation citizen that I got to engage in this dis- going through the Subcommittee on amendment. I want to commend the cussion, once I get beyond the, no, you the Constitution whose job it is to de- gentleman from Texas (Mr. SESSIONS) will never really give us any tax relief, liberate and decide on the merits of for bringing this amendment forward. I and got into the substance, they said, constitutional amendments? Do they want to commend the gentleman from Congressman, if you could give us any circumvent the entire Committee on Texas (Mr. HALL), his cosponsor. I want break at all, it would make a huge dif- the Judiciary and go around that com- to commend the gentleman from Texas ference in our lives. mittee and bring it to the floor? Or do (Mr. BARTON) who has led this fight The people who are struggling to get they go through the regular process? year in and year out. by, those Americans who can barely So that in and of itself is an indica- 1993 was not that long ago. Indeed, it pay their bills, who wake up each tion that this is a political exercise de- seems to me like 1993 was just the snap morning and struggle to get their kids April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2143 fed and get them off to school, and the There is an old saying, ‘‘Don’t cut mine the fate of legislation. They, led husband goes off to work and the wife you, don’t cut me, cut the man behind by Mr. Madison, reviewed the question also has to go back off to work, and the tree.’’ We cannot find the man be- of what constituted a majority in a leg- they go through their day, and they hind the tree nor the tree. So my col- islative body. They concluded, based come home, and they get their kids, leagues should not come before the upon the bad experience of the Nation and they struggle to get them to Little body and say, boy, we need two-thirds under the Articles of the Confed- League or piano practice and get the to have any tax increase. If that is so, eration, where nine of 13 States were homework done and get them back in then we should have two-thirds to have positioned to raise eventual revenue, bed, those Americans just barely get- any spending increases too for their fa- that it was simply a bad idea. ting by said to me, Congressman, if you vorite programs and my favorite pro- Upholding the current Constitution could just give me a little bit of a grams. That would be fair. But that is is truly, truly the conservative posi- break. not what the Founding Fathers envi- tion in this debate. Holding the coun- What have we done to those Ameri- sioned. try hostage to the tyranny of the mi- cans in the last 7 years? We have added Mr. Speaker, I yield 4 minutes to the nority of one-third is, indeed, the rad- $2,500 to their tax burden. We have in- gentleman from Massachusetts (Mr. ical position. But, apparently, Mr. creased their tax burden on those poor, NEAL). Speaker, it makes better sense for a working, struggling-to-get-by families (Mr. NEAL of Massachusetts asked good press release than to stand with by $200 a month. and was given permission to revise and the Constitution. Now, what does this amendment say? extend his remarks.) So let us proceed. Crank out the Does this amendment say, let us give Mr. NEAL of Massachusetts. I thank press releases, go home for a 2-week them a break and give them that $200 the gentleman for yielding me this break, and then, when we come back, back, let us work, give them a chance? time, Mr. Speaker. let us do something real and sub- It simply says let us make it a little We went through this exercise on the stantive for a change. harder to raise taxes again. I urge my balanced budget amendment for many Mr. KLECZKA. Mr. Speaker, will the colleagues to support this amendment. years. The other side failed to under- Chair advise each side how much time Mr. KLECZKA. Mr. Speaker, I yield stand the difference between promising is remaining on this issue. myself such time as I may consume. to balance the budget and actually The SPEAKER pro tempore (Mr. Mr. Speaker, if the gentleman from doing it. As it turned out, all they had LATOURETTE). The gentleman from Arizona (Mr. SHADEGG) would have to do to balance the budget was to sup- Wisconsin (Mr. KLECZKA) has 3 minutes gone to that same town and asked the port President Bush in 1990 and Presi- remaining; the gentleman from Texas people on the west side of town what dent Clinton in 1993. For the most part, (Mr. SESSIONS) has 9 minutes remain- the major priorities in Congress are, they did not; but we balanced the budg- ing. they would have probably told him, Mr. et over their objections. Mr. SESSIONS. Mr. Speaker, I yield 3 Congressman, we need more money for The other side continues to misplace minutes to the gentleman from Bloom- defense. We have to increase the readi- the distinction between promise and field Hills, Michigan (Mr. KNOLLEN- ness of our armed services. And, by the reality. They argue they need a con- BERG). way, Mr. Congressman, the bridge on stitutional amendment not to raise Mr. KNOLLENBERG. Mr. Speaker, I Main Street is in need of repair. And taxes, when all they simply need to do thank the gentleman for yielding me we sure could use that 90 percent Fed- is not to raise taxes. In fact, the House this time, and I also want to thank the eral funding for that new bridge. Then as my colleague went to the voted yesterday 420 to 1 not to raise gentleman from Texas (Mr. HALL), and east side of town and talked to the taxes. But I guess for the authors of it would not be right if I did not thank poor individuals, they would have prob- this amendment that vote was too the gentleman from Texas (Mr. BAR- ably said, Yes, we could use some re- close. TON), who has really been the crusader lief. But, Mr. Congressman, my son or This is tax frolic week, or tax press on this issue for a long, long time, and my daughter wants to go to college, release week. To give another example one I think that we ought to get and, boy, if you could increase the Pell of the deep thought that has gone into straight and pass. Grants for that child of mine, that this week, tomorrow we take up a bill Since the beginning of the year, this would sure be neat. The earned-income to repeal the Federal income tax with Republican majority has succeeded in tax credit, that could use a look-see a promise to replace it in the future. passing several tax cuts for the Amer- again by the Congress. Yes, that will We have to promise at that point, not ican people. We believe that couples cost some money. knowing where we are going, that we should no longer be punished by the are going to come up with a substitute, Tax Code because they are simply mar- b 1245 perhaps a flat tax to benefit the ried. And the point I am trying to make, wealthy, or a 60 percent retail sales We enacted legislation that prevents my colleagues, is that all these needs tax. But if both this bill and tomor- senior citizens from being taxed exces- and desires of the American public cost row’s bill were to pass, it would require sively, and particularly when they con- money. a two-thirds vote of Congress to re- tinue to be positive contributors to so- My Republican colleagues seem to place the repealed Federal income tax. ciety. And we had bipartisan support think that defense money comes from Twenty years ago, I was standing in for that. heaven and not from taxpayers and any a classroom telling students of my rev- We passed tax reduction legislation other social program, like Medicare erence for the Constitution. What to help ensure that small businesses and drug benefits and other things that would I say to them about the shenani- and family farms remain in the family. we fight for on this floor, that comes gans occurring here today? I would not But while we shall continue to offer from the taxpayer. And the truth of the even want to face them. tax cuts every year, today we have a matter is that all those expenditures The Constitution requires a two- historic opportunity to take a great are funded by the taxpayers. thirds majority vote in the House in leap forward by limiting tax increases So, sure, we would all like to de- only three instances: overriding a forever. Passage of this act would re- crease taxes; but when we ask our con- President’s veto, submission of a con- quire two-thirds of Congress to raise stituents what program will they fore- stitutional amendment to the States, taxes. It is too easy, too easy, for this go, we will find out that budget cutting and expelling a Member from this government to pass unnecessary tax in- is not the easiest in the world. We are House. Those are matters that are creases on the hardworking people of going to put in big money for the Na- much more weighty than the one that this country. I repeat that: it is too tional Institutes of Health, which we faces us today. easy. should do, to study children’s diabetes Mr. Speaker, the Founding Fathers If President Clinton, for example, had and cancer and all sorts of other dis- examined majority rule and what it got his way this year in his budget, he eases. But those programs are funded meant. They rejected the notion that would have increased taxes by $237 bil- off these nasty things we are talking one-third of the Members of this insti- lion over the next 10 years. Why, Mr. about called taxes. tution should be in a position to deter- Speaker, is the President trying to H2144 CONGRESSIONAL RECORD — HOUSE April 12, 2000 raise taxes in an era of budget sur- over 20 percent. And that is just on in- So this is more for show, my friends, pluses? Why? Instead of raising taxes, come taxes and does not include Social than for goal, as evidenced by the vote should we not find ways to give the Security taxes and Medicare taxes. we are going to have very shortly, surplus, part of it at least, back to the The Tax Limitation Amendment is which will provide that this constitu- people who have overpaid? fairly straightforward. It would take a tional amendment will not pass, nor With a surplus on hand, and CBO pro- two-thirds vote to pass a tax increase. should it. Nor should it. If, in fact, a jecting future surpluses, there is no Two-thirds is a larger fraction than majority in Congress can send our need for any new tax increases. Con- one-half. It does not say we cannot young men and women to war; if a ma- gress should be focusing on forcing have tax increases, it does not say tax jority in Congress can cut benefits for Federal bureaucrats to cut waste, fraud increases will never be necessary; but education, Social Security, Medicare; and abuse and spend their budgets it says there should be a national con- if a majority can do all these things, wisely. For too long the Federal Gov- sensus of a supermajority that a tax in- then why not also deal with tax policy ernment has raised taxes on a whim. crease is definitely needed. We should in the same manner? This bill is the best way to ensure that look at spending decreases; we should b 1300 taxes are increased only when it is ab- look at efficiency before we look at in- My colleagues on the other side know solutely necessary. creasing taxes. Currently, 14 States, as has been pre- I would remind Members in this body that is correct. And if this were a se- viously mentioned, have tax limitation that the original Constitution had 100 cret ballot, this thing would go down provisions, and it has been dem- percent, a 100 percent prohibition to the person, it would fail 435–0. But that is not the case. It is April 15. We onstrated that States with limitation against income tax increases, because have to make a statement about taxes. provisions have seen a reduction in the income taxes were unconstitutional And tomorrow we have a better one growth of spending. For a needed tax until early in this century when the for my colleagues. Tomorrow we are increase, a two-thirds majority would 19th amendment made it constitutional going to repeal the entire Tax Code. We not be that difficult to obtain. We sim- to pass an income tax. Since that time, are going to repeal the Tax Code to- ply want to give the public the security the marginal tax rate on the American morrow. And what are we going to re- that the Federal Government will not public has gone from 1 percent to 38 place it with? I do not know. We do not raise unnecessary and hasty tax in- percent. That is a 3,800 percent in- have a plan for that yet. That is how creases. crease. phoney this business is. I think it is about time that we re- So to put it simply, a tax limitation We had a hearing before the Com- store the public’s faith in government. works. There is no better time to pass mittee on Ways and Means on a bill Instead of only saying we are against a constitutional amendment making it sponsored by one of their Members and new taxes, let us actually show them. I harder to raise taxes than right now one on our side. It provided for a na- urge my colleagues to pass this legisla- when we are in a budget surplus. The tional sales tax. The thing got worse as tion and protect Americans from the opponents of the amendment do not we questioned the witnesses. It started Washington big spenders. say that it would not work. They are out with a 30-percent sales tax on every Mr. SESSIONS. Mr. Speaker, I yield 3 opposed to it precisely for the reason good and service, including clothes, minutes to the gentleman from Texas that it would work. prescription drugs. And by the time we (Mr. BARTON), representing the Sixth I hope we can get a two-thirds vote got done talking to the Joint Com- District of Texas, who brought this ef- necessary to pass this to the Senate mittee on Taxation, to be revenue neu- fort to the floor of the House of Rep- today. If for some reason we are not tral, that national sales tax would be resentatives, and who is one of the successful, this amendment will come 60 percent. most articulate spokesmen for the Tax back. The more the American people So we are going to trust them with Limitation Amendment. know about it, the more it becomes a tax policy around here to tax my con- (Mr. BARTON of Texas asked and part of the lexicon of the political stituents 60 percent on their drug was given permission to revise and ex- process, and the greater the likelihood costs, when now they are going to Can- tend his remarks and include extra- that we will pass this. ada to get a break? neous material.) Again, I want to commend the gen- This constitutional amendment, Mr. Mr. BARTON of Texas. Mr. Speaker, tleman from Texas (Mr. SESSIONS), the Speaker, is not necessary, and I urge I rise in strong support of this tax limi- gentleman from Texas (Mr. HALL), the my colleagues to not support it. tation constitutional amendment. I gentleman from Arizona (Mr. SHAD- Mr. SESSIONS. Mr. Speaker, I yield want to commend the gentleman from EGG), and others for their strong lead- myself such time as I may consume. Texas (Mr. SESSIONS), representing the ership on this. I will vote for it and en- Mr. Speaker, before I pass to the re- Fifth District of Texas, for his excel- courage every Member of this body to maining and closing speaker that we lent leadership this year. vote for it. have, I would like to thank three peo- I have been able to listen to some of Mr. KLECZKA. Mr. Speaker, I yield ple: Marty McGuinness from my staff; the debate this year. Certainly I have myself the balance of my time. Steve Waguespack, who is from the led the debate in prior years for the The SPEAKER pro tempore. The gen- staff of the gentleman from Texas (Mr. proponents of it. I have a few simple tleman from Wisconsin (Mr. KLECZKA) BARTON); and Elizabeth Kowal from the things to say in the 21⁄2 minutes that I has 3 minutes. staff of the gentleman from Texas (Mr. have remaining. Mr. KLECZKA. Mr. Speaker, I think HALL). First of all, my constituents want we have had what I would call a spir- Mr. Speaker, I yield the remaining tax limitation. I have never attended a ited debate today, but one has to won- time to the gentleman from the Fourth town meeting, a public forum of any der why this proposal comes up every District of Texas (Mr. HALL), a gen- sort where this issue came up that less April. Congress comes in session in tleman who is a close friend of mine than 90 percent of the people there did January. We stay around until Octo- and the cosponsor and co-lead of this not say they wanted this in the strong- ber. Why do we not have a vote on this joint resolution. est possible terms. particular issue in July or February? Mr. HALL of Texas. Mr. Speaker, I do I just did my taxes. I sent a check in For the last 5 years it has always come think it has been a spirited debate. I to the Internal Revenue Service early up in April. have not heard all of it. If I repeat this week. I know for a fact that our But when in April? Well, they try to some of the things of those who pro- taxes are too high. In spite of the ro- schedule it April 15. Well, my gosh, pose this, forgive me for it. But I would bust economy that we have, taxation of why April 15? Well, that is the day that like to answer some of the questions the American people is at an all-time we have to file our taxes, the last day that have been asked. high. If we include State and local we have to file our taxes. Why did they The gentleman from Wisconsin (Mr. taxes, there are people in our country do it this date this year? They got KLECZKA) made a very good speech and today that are in a tax bracket ap- snookered. April 15 is on a Saturday, asked why are we having it at this par- proaching 60 percent of their income. and they cannot keep Members of Con- ticular time. Well, that answer is pret- At the Federal level, taxation is well gress here on a Saturday. ty simple. We asked for it at this time April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2145 because this is the time when most of fective. Fourteen states now have tax limita- sage of tax increases without a two-thirds ma- the people of the United States are tion amendments in place and have shown jority in each house of Congress, except in thinking about how high their taxes great progress in restraining taxes and spend- emergency cases such as a military conflict. I are. I think it is good to try to get ing. It is no accident that those states are am a cosponsor of this legislation, I have their attention. among the most impressive economic growth voted for similar legislation in the past, and I I believe, though, that we may be states in the nation. remain committed to passing the strongest tax starting at the wrong level, we may be Alternatively, as a resident of upstate New limitation amendment possible. starting up here, when we really ought York where we suffer one of the highest tax Opponents claim, and will continue to claim, to be starting in our precincts and in burdens in the nation, I have seen firsthand that constitutional amendments on taxing and our counties in our States at home. If how big government and escalating tax rates spending make it harder to operate govern- we only close the gap today, or if we stifle economic growth. For many decades, ment as we know it. That is exactly the come close to closing the gap, or what- Democratic leadership in New York enacted pointÐfiscal reality proves to us that we need ever votes we get today, we are going tax increase after tax increase and govern- an instrument, a tool, to control government to count them for next year; and we ment expanded practically unchecked. spending and limit raising taxes. are going to be in there trying to get it Upstate New York is not sharing in the na- The Federal Government has run deficits for to emanate from the grassroots. tion's economic prosperity and is in fact see- 56 of the last 66 years leading to a $5.4 trillion Because I think if we get the grass- ing its population leave for opportunities in national debt. This is not a short-termed trend. roots people and ask them the ques- other regions of the country. This is painful for It points to a fundamental flaw in the political tion, do they think it ought to be a lit- me as a father of three who would like to see system that makes a constitutional solution tle bit tougher to vote taxes on hard- opportunities for my children to spend their both necessary and appropriate. We need to working Americans, I think about all lives in upstate New York. If upstate New York pass H.J. Res. 94 to renew our commitment to of them would say, absolutely yes. were a state by itself, it would rank near the fiscal discipline. Otherwise, irresponsible It has also been suggested that this bottom in terms of economic growth. I believe spending and higher federal taxes will con- was politics. Everything we do up here it is the tax climate that has driven job growth tinue to own us, cripple our economy and has some politics to it. I would always away from our region. mortgage our children's future. Congress say to my colleagues that it is not bad Therefore, this amendment before us today needs the legal and moral authority of a Con- politics to be telling hardworking is extremely important effort to show that gov- stitutional amendment making it more difficult Americans that we are going to make ernment can check itself. Mr. Speaker, this is to raise taxes. it a little tougher to tax them. I think important legislation. I thank my friend, Mr. This is not a radical idea as some have sug- that is good politics. If it is politics, it SESSIONS, for his hard work on this issue and gested. In fact, 14 states have enacted tax is doggone good politics where I come urge my colleagues to support this legislation. limitation measures. Since 1980, the state I from. Mr. GREEN of Texas. Mr. Speaker, I rise in represent, Delaware, has required a three- I cannot go anywhere in my district strong support of H.R. 4163, the Taxpayer Bill fifths vote to raise any tax. As a result, bal- and talk to anybody there that does anced budgets are the rule, not the exception, not complain about the taxes. Now, ask of Rights. This legislation brings much-needed in Delaware. them, go home, conservative, Demo- simplification to our tax code and ensures that Yesterday, the House rejected the $116 bil- crat, liberal, whatever, ask them, a taxpayer's privacy will be protected. Taxpayers should be assured that the infor- lion in new taxes and fees proposed in Presi- would they like for it to be a little dent Clinton's FY2001 budget by a vote of 420 more difficult for the United States mation they provide to the Internal Revenue to 1. I believe that vote represents an en- Congress to tax them and take money Service (IRS) will be kept secure and con- dorsement of the idea that higher taxes are out of their left hip pocket? I guar- fidential. Information on earnings, property and not needed when the Federal Government is antee my colleagues that nine out of other income should be kept private, and this nine and probably a hundred out of a bill ensures that it will be. The Taxpayer Bill of operating a budget surplus. Today, we need to hundred are going to tell us, absolutely Rights requires IRS supervisors, not rank-and- go the next step and make it more difficult to yes. file workers, to determine if there are sufficient raise taxes anytime other than during a mili- So I am here to express my support grounds to warrant an investigation into an in- tary emergency. I urge those same 420 mem- for the tax limitation agreement. We dividual's tax return. bers to support this resolution today. would not have had the sad 1986 Tax The bill also requires states to conduct an- Mr. BEREUTER. Mr. Speaker, this Member Reform Act if it had taken two-thirds, nual on-site investigations of contractors who rises in principled opposition to House Joint a reform act that set this country back receive federal tax information and process it Resolution 94, the so-called tax limitation to where we are just now getting over for state agencies to ensure that this informa- amendment. Certainly it would be more politi- it. A lot of things would not have hap- tion is being safeguarded. Further, this legisla- cally expedient to simply go along and vote in pened if it would have taken two- tion requires the IRS to notify taxpayers in all support of a constitutional amendment requir- thirds. instances in which the IRS has unlawfully ob- ing two-thirds approval by Congress for any There is a lot of difference in asking tained a taxpayer's return or other information. tax increases. However, as a matter of prin- two-thirds vote to tax people and ask- The legislation contains other important con- ciple and conscience, this Member cannot do ing two-thirds vote to support various sumer protections, including a provision that that. programs. I agree with the gentleman tightens the requirements for banks to get ac- As this Member stated when a similar on the fact that it should only take a cess to a taxpayer's records. And, it requires amendment was considered by the House in majority on supporting some of these that all third parties keep this information con- the past, there is a great burden of proof to programs. But when we go to taxing fidential. deviate from the basic principle of our democ- the American people, a direct tax from H.R. 4163 helps taxpayers who are self-em- racyÐthe principle of majority rule. Unfortu- us to them, from our mouth to their ployed by simplifying the formula for estimated nately, this Member does not believe the pro- left hip pocket, I think it ought to take taxes. By allowing taxpayers to use one inter- posed amendment to the U.S. Constitution is two-thirds of us. I believe most of the est rate in calculating estimated tax, much consistent or complementary to this important people in this country, all of the good- time and effort will be saved. In addition, the principle. thinking people in this country, would bill's increase, from $1,000 to $2,000, in the There should be no question of this Mem- say, yes, make it a little tougher up threshold over which penalties must be paid ber's continued and enthusiastic support for a there in Washington, D.C., for them to for failure to pay estimated tax will help thou- balanced budget and a constitutional amend- take our money away from us. sands of self-employed persons each year ment requiring such a balanced budget. In the Mr. SWEENEY. Mr. Speaker, I rise in strong who miscalculate their taxes. judgment of this Member, tax increases should support of the H.J. Res. 94 and commend my I urge my colleagues to support this impor- not be employed to achieve a balanced budg- colleagues from Texas for advancing this im- tant initiative. As tax day approaches, this is et; balanced budgets should be achieved by portant legislation. Requiring a two-thirds the least we can do to reduce the regulatory economic growth and, as appropriate, tax supermajority for tax increases is one of the burden the IRS imposes on the American tax- cuts. This is why this Member in the past has most critical hurdles we can erect to check fu- payer. supported the inclusion of a super majority re- ture growth in government. Mr. CASTLE. Mr. Speaker, I fully support quirement for tax increases in the rules of the This supermajority requirement for tax in- H.J. Res. 94, which calls for an amendment to House. However, to go beyond that and creases is a tested model that has proven ef- the United States Constitution prohibiting pas- amend the Constitution is, in this Member's H2146 CONGRESSIONAL RECORD — HOUSE April 12, 2000 opinion, inappropriate and, therefore, the rea- what funds are to be raised under Congress's Kasich Ose Shimkus Kelly Oxley Shows son why this Member will vote against House Constitutional authority to ``pay the debts and King (NY) Packard Shuster Joint Resolution 94. provide for the common defense and general Kingston Pallone Simpson Mr. UDALL of Colorado. Mr. Speaker, I un- welfare of the United States.'' Those are seri- Knollenberg Paul Skeen derstand that the House has considered pro- ous and important decisions, to be sure, but Kolbe Pease Skelton Kuykendall Peterson (PA) Smith (MI) posals like this several times in recent years. what is wrong with continuing to have them LaHood Petri Smith (NJ) So I can see why the debate abut it sounds made under the principle of majority ruleÐ Largent Pickering Smith (TX) so rehearsed. I get the impression that many meaning by the members of Congress who Latham Pitts Souder LaTourette Pombo Spence Members have heard all the arguments be- represent the majority of the American peo- Lazio Portman Stearns fore, and I suspect that the debate will not ple? Leach Pryce (OH) Stump change many minds about the proposal. So, Mr. Speaker, I cannot support this pro- Lewis (CA) Quinn Sununu But as a new Member I must say this reso- posed change in the Constitution. Our country Lewis (KY) Radanovich Sweeney Linder Ramstad Talent lution strikes me as one of the oddest pieces has gotten along well without it for two cen- LoBiondo Regula Tancredo of legislation that I've encountered yetÐand I turies. It is not needed. It would not solve any Lucas (KY) Reynolds Tauzin think it's one of the worst. problemÐin fact, it probably would create new Lucas (OK) Riley Taylor (MS) I'm not a lawyer, but it's clear that the lan- Maloney (CT) Roemer Taylor (NC) onesÐand it would weaken the basic principle Manzullo Rogan Terry guage of the proposal is an invitation to litiga- of democratic government, majority rule. It Martinez Rogers Thomas tionÐin other words, to getting the courts in- should not be approved. McCarthy (NY) Rohrabacher Thornberry volved even further in the law-making process. The SPEAKER pro tempore (Mr. McCollum Ros-Lehtinen Thune McCrery Roukema Tiahrt To say that Congress can define when a con- LATOURETTE). All time for debate has McHugh Royce Toomey stitutional requirement would apply, provided expired. McInnis Ryan (WI) Traficant that the Congressional decision is ``reason- Pursuant to House Resolution 471, McIntosh Ryun (KS) Upton able,'' is to ask for lawsuits challenging what- McIntyre Salmon Vitter the previous question is ordered on the McKeon Sanchez Walden ever definition might be adopted. Aren't there joint resolution. Metcalf Sandlin Wamp enough lawsuits already over the tax laws? Do The question is on the engrossment Mica Sanford Watts (OK) we need to invite more? Miller (FL) Saxton Weldon (FL) and third reading of the joint resolu- Miller, Gary Scarborough Weldon (PA) But more important than the technical as- tion. Moran (KS) Schaffer Weller pects of this proposal, I think it is bad because The joint resolution was ordered to Myrick Sensenbrenner Whitfield it moves away from the basic principle of de- be engrossed and read a third time, and Nethercutt Sessions Wicker mocracyÐmajority rule. Ney Shadegg Wilson was read the third time. Northup Shays Wolf Under this proposal, there would be another The SPEAKER pro tempore. The Norwood Sherman Young (AK) category of bills that would require a two-thirds question is on passage of the joint reso- Nussle Sherwood Young (FL) vote of both the House and the Senate. That's lution. NAYS—192 bad enough as it applies here in the House, The question was taken. Abercrombie Frank (MA) Meehan but consider what that means in the Senate. Mr. KLECZKA. Mr. Speaker, I object Ackerman Frost Meek (FL) There, if any 34 Senators are opposed to to the vote on the ground that a Allen Gejdenson Meeks (NY) something that take a two-thirds vote, it can- quorum is not present and make the Baca Gillmor Menendez not be passed. And, of course, each state has Baird Gonzalez Millender- point of order that a quorum is not Baldacci Gutierrez McDonald the same representation regardless of popu- present. Baldwin Hall (OH) Miller, George lation. The SPEAKER pro tempore. Evi- Barrett (WI) Hastings (FL) Minge Consider what that means if the Senators in Bateman Hill (IN) Mink dently a quorum is not present. Becerra Hill (MT) Moakley opposition are those from the 17 States with The Sergeant at Arms will notify ab- Bentsen Hilliard Mollohan the fewest residents. sent Members. Bereuter Hinchey Moore Berman Hinojosa Moran (VA) We don't yet have this year's census num- The vote was taken by electronic de- bers, of course, but the most recent estimates Blagojevich Hoeffel Morella vice, and there were—yeas 234, nays Blumenauer Holden Murtha that I have seen show that the total population 192, not voting 8, as follows: Boehlert Holt Nadler of the 17 least-populous states is somewhere Bonior Hooley Napolitano in the neighborhood of 20 million people. [Roll No. 119] Borski Hostettler Neal YEAS—234 Boucher Hoyer Oberstar That's a respectable number, but remember Boyd Hyde Obey Aderholt Chambliss Gallegly that the population of the country is 270 mil- Brady (PA) Inslee Olver Andrews Chenoweth-Hage Ganske Brown (FL) Jackson (IL) Ortiz lion or more. Archer Coble Gekas Brown (OH) Jackson-Lee Owens So, what this resolution would do would be Armey Coburn Gibbons Campbell (TX) Pascrell Bachus Collins Gilchrest to give Senators representing about 7 percent Capps Jefferson Pastor Baker Combest Gilman of the American people more power to block Capuano Johnson (CT) Payne Ballenger Condit Goode Cardin Johnson, E. B. Pelosi something even if it has sweeping support in Barcia Cooksey Goodlatte Carson Jones (OH) Peterson (MN) the rest of the country. Barr Cox Goodling Clay Kanjorski Phelps Barrett (NE) Cramer Gordon Right now, that kind of supermajority is Clayton Kennedy Pickett Bartlett Crane Goss needed under the constitution to ratify treaties, Clement Kildee Pomeroy Barton Cubin Graham Clyburn Kilpatrick Porter propose Constitutional amendments, and to do Bass Cunningham Granger Conyers Kind (WI) Price (NC) Berkley Danner Green (TX) a few other things. Costello Kleczka Rahall Berry Davis (VA) Green (WI) But this resolution does not deal with things Coyne Klink Rangel Biggert Deal Greenwood Crowley Kucinich Reyes of that kind. It deals only with certain tax Bilbray DeLay Gutknecht Davis (FL) LaFalce Rivers billsÐbills that under the constitution have to Bilirakis DeMint Hall (TX) Davis (IL) Lampson Rodriguez Bishop Diaz-Balart Hansen originate here, in the House. Those are the DeFazio Lantos Rothman Bliley Dickey Hastings (WA) bills that would be covered by this increase in Delahunt Larson Roybal-Allard Blunt Doolittle Hayes DeLauro Lee Rush the power of Senators who could represent a Boehner Duncan Hayworth Deutsch Levin Sabo Bonilla Dunn Hefley small minority of the American people. Dicks Lewis (GA) Sanders Bono Ehlers Herger Why would we want to do that? Are the pro- Dingell Lipinski Sawyer Boswell Ehrlich Hilleary Doggett Lofgren Schakowsky ponents of this constitutional amendment so Brady (TX) Emerson Hobson Dooley Lowey Scott afraid of majority rule on the subject of ``inter- Bryant English Hoekstra Doyle Luther Serrano Burr Etheridge Horn nal revenue''? Why else would they be so Dreier Maloney (NY) Shaw Burton Everett Hulshof eager to reduce the stature of this body, the Edwards Markey Sisisky Buyer Ewing Hunter Engel Mascara Slaughter House of Representatives, as compared with Callahan Fletcher Hutchinson Eshoo Matsui Smith (WA) Calvert Foley Isakson our colleagues in the Senate. Evans McCarthy (MO) Snyder Camp Forbes Istook Remember, that's what this is all aboutÐ Farr McDermott Spratt Canady Fossella Jenkins ``internal revenue,'' however that term might Fattah McGovern Stabenow Cannon Fowler John Filner McKinney Stark be defined by Congress or by the courts. Castle Franks (NJ) Johnson, Sam Ford McNulty Stenholm When Congress debates taxes, it is deciding Chabot Frelinghuysen Jones (NC) April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2147 Strickland Turner Waxman imum time for electronic voting on any post- Reauthorization of the Clean Lakes Stupak Udall (CO) Weiner poned question that follows another elec- Program is a necessary measure that Tanner Udall (NM) Wexler tronic vote without intervening business, Tauscher Velazquez Weygand will provide much-needed financial and provided that the minimum time for elec- Thompson (CA) Vento Wise technical assistance to states to re- Thompson (MS) Visclosky Woolsey tronic voting on the first in any series of store publicly owned lakes. It is impor- Thurman Walsh Wu questions shall be 15 minutes. At the conclu- Tierney Waters Wynn sion of consideration of the bill for amend- tant to note that this is the primary Towns Watt (NC) ment the Committee shall rise and report Federal program that places the na- tional focus and priority on lakes, NOT VOTING—8 the bill to the House with such amendments as may have been adopted. Any Member may their monitoring, protection, and man- Cook Dixon Kaptur demand a separate vote in the House on any agement. Cummings Gephardt Watkins DeGette Houghton amendment adopted in the Committee of the Mr. Speaker, the funding authoriza- Whole to the bill or to the committee tion for this program expired in fiscal b 1326 amendment in the nature of a substitute. year 1990. The program has not re- Mr. OLVER changed his vote from The previous question shall be considered as ceived funding since fiscal year 1995. ordered on the bill and amendments thereto Recently, the EPA has recognized the ‘‘yea’’ to ‘‘nay.’’ to final passage without intervening motion Mr. MANZULLO changed his vote except one motion to recommit with or with- need to focus on clean lakes activities from ‘‘nay’’ to ‘‘yea.’’ out instructions. and has encouraged States to set aside So (two-thirds not having voted in monies from other programs to fund b 1330 favor thereof) the joint resolution was the Clean Lakes Program. In addition, not passed. The SPEAKER pro tempore (Mr. various public and private organiza- The result of the vote was announced LATOURETTE). The gentleman from tions involved in lake water quality as above recorded. New York (Mr. REYNOLDS) is recognized management have been seeking an in- A motion to reconsider was laid on for 1 hour crease in funding for this program. the table. Mr. REYNOLDS. Mr. Speaker, for the Over the past two decades, lake res- Stated for: purpose of debate only, I yield the cus- toration techniques have improved dra- matically, and are viewed by many as Mr. WATKINS. Mr. Speaker, on rollcall No. tomary 30 minutes to the gentlewoman from New York (Mrs. SLAUGHTER), an important component in meeting 119, I was on the floor and pressed the ``yea'' the Clean Water Act’s objective of hav- button, but I was not recorded. pending which I yield myself such time as I may consume. During consider- ing all our Nation’s waters fishable and I would like to be recorded as a ``yea.'' swimmable, including the 41 million f ation of the resolution, all time is yielded for the purpose of debate only. acres of fresh water lakes. One of the most damaging contrib- PROVIDING FOR CONSIDERATION (Mr. REYNOLDS asked and was uting factors to the toxicity of these OF H.R. 2328, THE CLEAN LAKES given permission to revise and extend lakes in the Northeast is acid rain. Not PROGRAM his remarks and include extraneous only is it a costly problem to solve, but material.) Mr. REYNOLDS. Mr. Speaker, by di- it can overwhelm State budgets. Fund- Mr. REYNOLDS. Mr. Speaker, House rection of the Committee on Rules, I ing the Clean Lakes Program is nec- call up House Resolution 468 and ask Resolution 468 is an open rule pro- essary to meet the States’ needs in for its immediate consideration. viding for the consideration of H.R. combatting the devastating effects of The Clerk read the resolution, as fol- 2328, a bill to reauthorize the Clean acid rain and other environmental pol- lows: Lakes Program. The rule provides for 1 lutants. H. RES. 468 hour of general debate, equally divided Finally, Mr. Speaker, this legislation and controlled by the chairman and Resolved, That at any time after the adop- provides the opportunity for necessary tion of this resolution the Speaker may, pur- ranking minority member of the Com- partnerships among Federal, State, and suant to clause 2(b) of rule XVIII, declare the mittee on Transportation and Infra- local entities to focus both on the pre- House resolved into the Committee of the structure. The rule also makes in order vention and the remediation of pollu- Whole House on the state of the Union for the Committee on Transportation and tion. Working together, Federal, State, consideration of the bill (H.R. 2328) to amend Infrastructure amendment in the na- and local governments can focus atten- the Federal Water Pollution Control Act to ture of a substitute now printed in the tion and resources on the special needs reauthorize the Clean Lakes Program. The bill as an original bill for the purpose of our Nation’s lakes. first reading of the bill shall be dispensed of an amendment. Mr. Speaker, I would like to com- with. General debate shall be confined to the bill and shall not exceed one hour equally di- The rule waives clause 7 of rule XVI, mend the gentleman from New York vided and controlled by the chairman and prohibiting nongermane amendments (Mr. SWEENEY), the bill’s sponsor, for ranking minority member of the Committee against the committee amendment in his hard work on this measure. In addi- on Transportation and Infrastructure. After the nature of a substitute and provides tion, I would like to commend the gen- general debate the bill shall be considered that the amendment in the nature of a tleman from Pennsylvania (Mr. SHU- for amendment under the five-minute rule. It substitute shall be open for amendment STER), the chairman of the Committee shall be in order to consider as an original by section. Additionally, the rule au- on Transportation and Infrastructure bill for the purpose of amendment under the thorizes the chairman of the Com- and the ranking member, the gen- five-minute rule the amendment in the na- tleman from Minnesota (Mr. OBER- ture of a substitute recommended by the mittee of the Whole to accord priority in recognition to Members who have STAR.) Committee on Transportation and Infra- Mr. Speaker, I urge my colleagues to structure now printed in the bill. Each sec- preprinted their amendments in the tion of the committee amendment in the na- CONGRESSIONAL RECORD and to post- support both this rule and the under- ture of a substitute shall be considered as pone votes during consideration of the lying bill. Mr. Speaker, I reserve the balance of read. Points of order against the committee bill and to reduce voting time to 5 min- amendment in the nature of a substitute for my time. utes on a postponed question if the Ms. SLAUGHTER. Mr. Speaker, I failure to comply with clause 7 of rule XVI vote follows a 15-minute vote. are waived. During consideration of the bill yield myself such time as I may con- for amendment, the Chairman of the Com- Finally, the rule provides for one mo- sume. mittee of the Whole may accord priority in tion to recommit, with or without in- Mr. Speaker, I thank my colleague recognition on the basis of whether the structions. from New York for yielding me the cus- Member offering an amendment has caused Mr. Speaker, the Clean Lakes Pro- tomary 30 minutes. it to be printed in the portion of the Con- gram was included in the 1972 amend- Mr. Speaker, I rise in support of the gressional Record designated for that pur- ments to the Federal Water Pollution open rule. I would note that the under- pose in clause 8 of rule XVIII. Amendments Control Act, commonly referred to as lying bill is noncontroversial and reau- so printed shall be considered as read. The the Clean Water Act. This broad-based Chairman of the Committee of the Whole thorizes the Clean Lakes Program es- may: (1) postpone until a time during further program helps communities to address tablished under the Clean Water Act. consideration in the Committee of the Whole a wide range of water quality issues This measure provides financial and a request for a recorded vote on any amend- and helps States through grants and technical assistance to States to re- ment; and (2) reduce to five minutes the min- technical assistance. store publicly owned lakes. This is the H2148 CONGRESSIONAL RECORD — HOUSE April 12, 2000 primary Federal program that focuses The bill shall be considered as read. During Agreement, first adopted in 1983. The national attention on lakes, their mon- consideration of the bill for amendment, the signatories to the agreement are the itoring, protection, and management. Chairman of the Committee of the Whole U.S. Environmental Protection Agen- I was pleased that the committee se- may accord priority in recognition on the cy, the Chesapeake Bay Commission, basis of whether the Member offering an lected two lakes in upstate New York, amendment has caused it to be printed in the and the States of Virginia, Pennsyl- Otsego Lake and Lake Oneida, to re- portion of the Congressional Record des- vania, and Maryland, along with the ceive priority consideration for dem- ignated for that purpose in clause 8 of rule District of Columbia. The agreement onstration projects in this bill. XVIII. Amendments so printed shall be con- directs and conducts the restoration of Otsego Lake in New York is at the sidered as read. The Chairman of the Com- the Chesapeake Bay. headwaters of the Susquehanna River, mittee of the Whole may: (1) postpone until Over the past two decades, much the largest single fresh water source a time during further consideration in the progress has been made in restoring for the Chesapeake bay. Otsego Lake is Committee of the Whole a request for a re- the Chesapeake Bay. Area wildlife is corded vote on any amendment; and (2) re- biologically unique in that deep water duce to five minutes the minimum time for recovering, toxic pollutant releases are oxygen concentrations provide habitat electronic voting on any postponed question down, and bay grasses have increased. for cold water fisheries, such as lake that follows another electronic vote without However, much more needs to be done, trout, Atlantic salmon, brown trout, intervening business, provided that the min- particularly regarding water clarity whitefish, and cisco, which are now in imum time for electronic voting on the first and restoring the oyster population. jeopardy because of the sustained loss in any series of questions shall be 15 min- This bill addresses the need for a co- of bottom oxygen in the late summer utes. At the conclusion of consideration of operative Federal, State, and local ef- and fall. the bill for amendment the Committee shall fort in restoring the Chesapeake Bay rise and report the bill to the House with by authorizing $180 million for the Oneida Lake in New York is the larg- such amendments as may have been adopted. est inland lake in the State and home The previous question shall be considered as Chesapeake Bay Program for fiscal to 74 species of fish. The lake water- ordered on the bill and amendments thereto years 2000 through 2005. In addition, the shed covers five counties and more to final passage without intervening motion bill requires Federal facilities to par- than 800,000 acres. This lake is experi- except one motion to recommit with or with- ticipate in watershed planning and res- encing water quality problems and its out instructions. toration activities. use has been impaired. There are sig- The SPEAKER pro tempore. The gen- Finally, the bill requires a study of nificant concerns regarding sediment tleman from New York (Mr. REYNOLDS) the state of the Chesapeake Bay eco- and nutrient runoff to the lake from is recognized for 1 hour. system and a study of the Chesapeake tributaries and agriculture and urban Mr. REYNOLDS. Mr. Speaker, for the Bay Program’s effect on this eco- land use trends. In addition, algae, purpose of debate only, I yield the cus- system. rooted vegetation, and invasive species tomary 30 minutes to the gentleman Mr. Speaker, I urge my colleagues to are problems for this lake. from Ohio (Mr. HALL), pending which I support both the rule and the under- Again, Mr. Speaker, this is a com- yield myself such time as I may con- lying bill. pletely noncontroversial measure; and sume. During consideration of this res- Mr. Speaker, I reserve the balance of I do not oppose this open rule. olution, all time yielded is for the pur- my time. Mr. Speaker, I have no further re- pose of debate only. Mr. HALL of Ohio. Mr. Speaker, I quests for time, and I yield back the (Mr. REYNOLDS asked and was yield myself such time as I may con- balance of my time. given permission to revise and extend sume. Mr. REYNOLDS. Mr. Speaker, I urge his remarks, and include extraneous Mr. Speaker, I thank the gentleman my colleagues to support this open and material.) from New York for yielding me time. fair rule. Mr. REYNOLDS. Mr. Speaker, House Mr. Speaker, this is an open rule. The Mr. Speaker, I have no further re- Resolution 470 is an open rule pro- debate time will be equally divided and quest for time, I yield back the balance viding for the consideration of H.R. controlled by the chairman and rank- of my time, and I move the previous 3039, a bill to amend the Federal Water ing minority member on the Com- question on the resolution. Pollution Control Act to assist in the mittee on Transportation and Infra- The previous question was ordered. restoration of the Chesapeake Bay. The structure. The rule permits amend- The resolution was agreed to. rule provides for 1 hour of general de- ments under the 5-minute rule. A motion to reconsider was laid on bate, equally divided and controlled by This is the normal amending process the table. the chairman and the ranking member in the House. All Members on both sides of the aisle will have the oppor- f of the Committee on Transportation and Infrastructure. tunity to offer germane amendments. PROVIDING FOR CONSIDERATION Mr. Speaker, the rule also provides Mr. Speaker, the Chesapeake Bay is OF H.R. 3039, CHESAPEAKE BAY that the bill shall be open for amend- one of the most important bodies of RESTORATION ACT OF 1999 ment at any point, and authorizes the water within the United States. Activi- ties in the Bay make significant con- Mr. REYNOLDS. Mr. Speaker, by di- Chair to accord priority in recognition tributions to our economy through rection of the Committee on Rules, I to Members who have preprinted their commercial fishing and shipping. The call up House Resolution 470 and ask amendments in the CONGRESSIONAL Bay supports extensive wildlife and for its immediate consideration. RECORD. Additionally, the rule allows vegetation. It also provides Americans The Clerk read the resolution, as fol- the chairman of the Committee of the with numerous recreational opportuni- lows: Whole to postpone votes during consid- eration of the bill and to reduce voting ties. H. RES. 470 time to 5 minutes on a postponed ques- Years of man-made pollution have Resolved, That at any time after the adop- tion if the rule follows a 15 minute threatened the Bay and the life within tion of this resolution the Speaker may, pur- vote. it. However, there has been progress, suant to clause 2(b) of rule XVIII, declare the and it is being made under the Chesa- House resolved into the Committee of the Finally, the rule provides for one mo- Whole House on the state of the Union for tion to recommit, with or without in- peake Bay Agreement signed by the consideration of the bill (H.R. 3039) to amend structions. District of Columbia, the Chesapeake the Federal Water Pollution Control Act to Mr. Speaker, the Chesapeake Bay is Bay Commission, the U.S. Environ- assist in the restoration of the Chesapeake the largest estuary in the United mental Protection Agency, and the Bay, and for other purposes. The first read- States and is an important commer- States of Virginia, Maryland, and ing of the bill shall be dispensed with. Gen- cial, recreational, and historical center Pennsylvania. eral debate shall be confined to the bill and for thousands of residents in Virginia, Mr. Speaker, H.R. 3039 will authorize shall not exceed one hour equally divided money over a 6-year period for the and controlled by the chairman and ranking Maryland, Pennsylvania, and the Dis- minority member of the Committee on trict of Columbia. United States Federal Government to Transportation and Infrastructure. After The Chesapeake Bay is protected and support the agreement. The Chesa- general debate the bill shall be considered promoted under a unique voluntary peake Bay is a national treasure. The for amendment under the five-minute rule. partnership under the Chesapeake Bay legislation is necessary to help protect April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2149 the Bay and its resources for all Ameri- lakes. Very importantly, Mr. Chair- number, 40 percent are still impaired in cans. This is an open rule, we support man, it relies on locally-based solu- some fashion. That means that 30 mil- it, and we urge its adoption. tions involving restoration, rather lion acres of lakes across this country b 1345 than new Federal regulations. have a significant likelihood that the I certainly want to thank the gen- waters are not safe for fishing, swim- Mr. Speaker, I have no further re- tleman from Minnesota (Mr. OBER- ming, or to support aquatic life in the quests for time, and I yield back the STAR), the subcommittee chairman, the lake and in the surrounding basin. balance of my time. gentleman from New York (Mr. BOEH- Body contact sports was one of the Mr. REYNOLDS. Mr. Speaker, I have LERT), the gentleman from Pennsyl- principal objectives of the Clean Water no further requests for time, and I vania (Mr. BORSKI), and the entire com- Act of 1972, so people could indeed use yield back the balance of my time. mittee for their support in moving this the lakes: swim, fish, walk through the The SPEAKER pro tempore (Mr. environmental legislation forward. It lake waters on the edge, as we do with GILLMOR). Without objection, the pre- passed the subcommittee and the full small children in Minnesota and else- vious question is ordered on the resolu- committee unanimously by voice vote. where across this country. But we have tion. I know of no opposition to it. not attained that objective. There was no objection. I would certainly urge overwhelming The SPEAKER pro tempore. The This bill will help move us in that di- support for this important environ- rection. It reauthorizes the Clean question is on the resolution. mental legislation. The resolution was agreed to. Lakes Program through 2005. It in- Mr. Chairman, I reserve the balance creases significantly the level of fund- A motion to reconsider was laid on of my time. the table. ing to $50 million a year. The funding Mr. OBERSTAR. Mr. Chairman, I would be directed to the States to diag- f yield myself such time as I may con- nose the current condition of indi- THE CLEAN LAKES PROGRAM sume. vidual lakes and their watershed, to de- Mr. Chairman, I rise in support of termine the extent and source of pollu- The SPEAKER pro tempore (Mr. H.R. 2328, to reauthorize the Clean WALDEN of Oregon). Pursuant to House tion, to develop lake restoration and Lakes Program. I want to express my protection plans that can actually be Resolution 468 and rule XVIII, the appreciation to our chairman for his Chair declares the House in the Com- implemented, not just ideas and stud- support of this initiative and for ies that remain on a shelf and gather mittee of the Whole House on the State launching the hearings directing the of the Union for the consideration of dust, but plans that can actually be subcommittee chairman, the gen- implemented. the bill, H.R. 2328. tleman from New York (Mr. BOEH- Secondly, to address the concern of IN THE COMMITTEE OF THE WHOLE LERT), to move ahead with this legisla- acidity in lake levels, in lakes across Accordingly, the House resolved tion, which is a derivative of and an ex- this country, we provide authorization itself into the Committee of the Whole tension of the monumental Clean for programs aimed at restoring lake House on the State of the Union for the Water Act of 1972. water quality and mitigating the consideration of the bill (H.R. 2328) to That legislation, which I had the harmful effects of lake acidity. Canada amend the Federal Water Pollution privilege to participate in as a member actually was ahead of the United Control Act to reauthorize the Clean or administrator of the staff of the States in addressing the problem of Lakes Program, with Mr. GILLMOR in Committee on Public Works and Trans- acid rain. the chair. portation at the time, was then, as it The Clerk read the title of the bill. still is, one of the most far-reaching Sweden was ahead of Canada. It was The CHAIRMAN. Pursuant to the and successful environmental laws in the mid-1970s that Swedish sci- rule, the bill is considered as having Congress has ever enacted. entists examined lakes that were in the been read the first time. We have made a lot of progress over early stages of death, death from acid Under the rule, the gentleman from the years with the Clean Water Act. It rain coming from the Ruhr Valley in Pennsylvania (Mr. SHUSTER) and the is going on 30 years. One of the reasons Germany, traveling over a thousand gentleman from Minnesota (Mr. OBER- is the collaborative partnerships that miles and being deposited on Swedish STAR) each will control 30 minutes. the act established between the States lakes that soon became clear, so clear The Chair recognizes the gentleman and the Federal Government to restore you could see right to the bottom, no from Pennsylvania (Mr. SHUSTER). and maintain, as the opening directive fish, no plant life. Dead lakes. Mr. SHUSTER. Mr. Chairman, I yield of that act provides, restore and main- We were slow to assess that problem myself such time as I may consume. tain the chemical, physical, and bio- and appreciate the United States. Can- Mr. Chairman, first of all, perhaps logical integrity of the Nation’s wa- ada caught on first because the pre- most importantly, I want to commend ters. vailing winds carry acid depositions the gentleman from New York (Mr. We have not quite reached the objec- from the United States north into Can- SWEENEY) for his leadership in being tive of swimmable and fishable in all of ada. Canada mounted a massive coun- the principal architect and author of the Nation’s waters, but we are moving terattack on acid rain problems, and this legislation to reauthorize and im- in the right direction. that led to the U.S.-Canada Air Quality prove the Clean Lakes Program. Section 314 of that act established Agreement, in addition to the U.S-Can- This bill will help restore and protect the Clean Lakes Program. That pro- ada Great Lakes Quality Agreement, our Nation’s 41 million acres of fresh gram directs EPA to work with the that has resulted in restoration in water lakes by reauthorizing the EPA States to identify and implement pro- lakes in Canada that were nearing the Clean Lakes Program. The bill author- grams to control, reduce, and mitigate death levels of lakes in Sweden. izes $250 million of grants to help levels of pollution in the Nation’s Mr. Chairman, this legislation will States clean up their lakes, and it in- lakes. move us further along in the United creases to $25 million the amount to It has been a valuable resource to re- States, in the direction of addressing help States mitigate against the harm- duce pollution. We have funded ap- the problems of the harmful effects of ful effects of acid mine drainage and proximately $145 million of grant ac- acid rain and high lake water acidity. acid rain. tivities since 1945 in 49 States and 18 This legislation also adds four lakes to The EPA no longer requests funding Indian tribes, 700 individual site assess- the priority demonstration projects in- under the Clean Lakes Program, and ments, restoration, and implementa- cluded in the Clean Lakes Program, has forced the States to stretch their tion projects. But it is only a start. one of which is Swan Lake, which is in limited nonpoint source funds to clean The most recent national water qual- my district, which is of tremendous re- up their lakes. This legislation restores ity inventory shows that States have gional significance for the people living this important program and places a reported that only 40 percent of lake in the iron ore mining country; a 100- national focus and a priority on our acreage across this country has been square-mile lake in Itasca County that lakes. It allows funds to solve the wide assessed to determine whether the includes the City of Nashwauk, north- range of problems impairing our many lakes meet the designated uses. Of that east of that lake, there are a wide H2150 CONGRESSIONAL RECORD — HOUSE April 12, 2000 range of recreational activities very Mr. Chairman, acting to reauthorize in 1972 with the passage of the Clean popular there in the 5 months or 6 this program will send a clear message Water Act, to provide additional fund- months that we can actually enjoy that we care about restoring and pro- ing to assess and control pollution lev- lake activities when they are not fro- tecting our Nation’s 41 million acres of els in our Nation’s lakes. zen over in Minnesota, boating, fishing; fresh-water lakes for our children and This program has served as a valu- significant economic benefit to the en- their children. Congress is not the only able resource for States to identify the tire region. voice calling for this program. Various sources of pollution, as well as to de- Mr. Chairman, the water quality has public and private organizations in- velop and implement programs aimed deteriorated over the years, poor soil volved in lake water quality manage- at reducing pollution levels in and re- surrounding the lake and poor lake ment had been seeking an increase in storing the quality of lake systems. edge protection and watershed protec- funding for the Clean Lakes Program. The bill we are considering would re- tion, as well as sewage into that lake. This program is seen as an important authorize the Clean Lakes program, We will be able to address this problem component of meeting the Clean Water providing up to $50 million annually and learn from it and apply its lessons Act’s objective of having all our Na- through 2005. elsewhere across the country and tion’s waters fishable and swimmable. In addition, in order to address the across, of course, my own State of In addition, there is growing concern persistent problems of high acidity in 10,000 lakes, which really is about about the damaging effects of acid rain our Nation’s lakes, this legislation 15,000, actually more than that. We do and acid mine drainage on the Nation’s would increase the authorization for not really count lakes under 200 acres. lake. Separate, adequate and con- programs aimed at reducing the levels Mr. Chairman, I am really delighted; sistent funding for the Clean Lakes of toxins present in these water bodies. Funding under this program could be and I wanted to compliment the gen- Program is necessary to meet the used in developing new and innovative tleman from Pennsylvania (Chairman needs of the States’ lake program. methods of neutralizing and restoring SHUSTER) and the gentleman from New The Clean Lake Program offers an the natural buffering capacity of lakes, York (Mr. BOEHLERT), our sub- excellent opportunity for watershed- as well as other methods for removing committee chairman, for their support based community-driven projects, as toxic metals and other substances mo- and also the gentleman from Pennsyl- well as needed partnerships among vania (Mr. BORSKI), who does not have bilized by high acidity. Federal, State, and local entities. It is Finally, H.R. 2328 would add four ad- as many lakes in his district, but who a good program. It deserves our enthu- has been very generous in giving his ditional lakes to the list of priority siastic support for all the right rea- demonstration projects authorized strong support for this legislation. sons. Mr. Chairman, I reserve the balance under the Clean Lakes program. Let me once again commend the gen- of my time. These lakes have been identified by Mr. SHUSTER. Mr. Chairman, I yield tleman from New York (Mr. SWEENEY) the Committee on Transportation and 3 minutes to the gentleman from New for the leadership he has provided, and Infrastructure as regionally significant let me once again proudly associate York (Mr. BOEHLERT), the distin- and deserving of additional attention guished chairman of the Subcommittee with my colleagues on the Committee under this program. on Water Resources and Environment. on Transportation and Infrastructure Mr. Chairman, I urge an aye vote on (Mr. BOEHLERT asked and was given for doing the deed today. this legislation. I again want to thank permission to revise and extend his re- Let me leave with this thought from the distinguished ranking member, the marks.) Henry David Thoreau who said in Wal- gentleman from Minnesota (Mr. OBER- Mr. BOEHLERT. Mr. Chairman, H.R. den back in 1854: ‘‘A lake is the land- STAR), for yielding me this time. 2328 reauthorizes the Clean Lakes Pro- scape’s most beautiful and expressive Mr. SHUSTER. Mr. Chairman, I yield gram, and we have one person in this feature. It is earth’s eye: looking into 3 minutes to the gentleman from New Chamber to thank most for that action which the beholder measures the depth York (Mr. SWEENEY), the principal au- and that is our colleague, the gen- of his own nature.’’ thor of this legislation. (Mr. SWEENEY asked and was given tleman from New York (Mr. SWEENEY). b 1400 The gentleman deserves to be com- permission to revise and extend his re- mended for the leadership he provided. Mr. OBERSTAR. Mr. Chairman, I marks.) This is an example of how the Com- yield 3 minutes to the gentleman from Mr. SWEENEY. Mr. Chairman, I first mittee on Transportation and Infra- Pennsylvania (Mr. BORSKI), the rank- want to start by thanking my chair- structure serves this institution and ing member of the Subcommittee on man, the gentleman from Pennsylvania this Nation so well. We worked out any Water Resources and Environment. (Chairman SHUSTER), from the Com- differences we had in a bipartisan way Mr. BORSKI. Mr. Chairman, I want mittee on Transportation and Infra- and are marching forward together. to thank the gentleman from Min- structure for providing the great lead- Mr. Chairman, let me point out that nesota (Mr. OBERSTAR) for yielding me ership, the great management skills the Committee on Transportation and this time and also to thank him for his and guidance throughout all of the Infrastructure under the leadership of leadership on this issue and so many dealings in the Committee on Trans- the gentleman from Pennsylvania issues that come before the Committee portation and Infrastructure; as well as (Chairman SHUSTER) and the gen- on Transportation and Infrastructure. the ranking member, the gentleman tleman from Minnesota (Mr. OBER- I also want to commend our sub- from Minnesota (Mr. OBERSTAR); the STAR), the ranking member, are respon- committee chairman, the gentleman subcommittee chairman, the gen- sible for more legislation, more suc- from New York (Mr. BOEHLERT), and tleman from New York (Mr. BOEHLERT) cessful legislation in this Congress our full committee chairman, my col- and the gentleman from Pennsylvania than in the preceding Congress, of league, the gentleman from Pennsyl- (Mr. BORSKI), the ranking member on greater significance than any other vania (Mr. SHUSTER), for working with the subcommittee. committee of this institution. I am us in a bipartisan manner which is, of When I came to Congress a year and very proud to identify with the com- course, the way this committee always a half ago, a lot of people said that Re- mittee. works; and again I would add that is publicans and Democrats could not Let me say, unfortunately, that the why we are so successful. work together; we could not get the Environmental Protection Agency has I also want to commend the gen- people’s business done. I think if the not requested funding for the Clean tleman from New York (Mr. SWEENEY), American people were to look at the Lakes Program and the program has the author of this bill, for pushing and work being done by this Committee on not received separate appropriations in shoving and making sure this piece of Transportation and Infrastructure, recent years. Instead, States have been legislation comes before us. they would be incredibly impressed. As encouraged to fund clean lakes activi- Mr. Chairman, I want to rise in a freshman Member of Congress, I ties by using funds provided under sec- strong support of H.R. 2328, a bill to re- know I am and I am thankful. I am tion 319 of the Clean Water Act for al- authorize the Environmental Protec- thankful because this piece of legisla- ready underfunded nonpoint source tion Agency’s Clean Lakes program. tion is being passed today at a very im- programs. The Clean Lakes program was enacted portant time. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2151 Recently, Mr. Chairman, the GAO re- problems, and without this program Mr. OBERSTAR. Mr. Chairman, I leased a study that I had requested on States and their communities will yield myself such time as I may con- the problem of acid rain in the Adiron- probably not have the resources or sume. dack Mountains, which is a region that technical expertise to conduct studies Mr. Chairman, the very great signifi- is consumed by the 22nd Congressional for themselves. cance of this legislation is underscored District, which I represent. The results Mr. Chairman, this is a positive envi- in many of the lakes and the commu- were striking. Many of our lakes in the ronmental initiative that I think a nities throughout Minnesota. We are Adirondacks are increasingly at risk broad group of philosophies in this blessed, as other less fortunate commu- from acid rain, much more than the House can agree upon. It will provide nities across the country would like to EPA had originally forecast. resources to the most local levels of be, in that many of our towns have a Despite power plant emissions reduc- government to address environmental lake right in the town. Over the years, tions under the 1990 Clean Air Act challenges in our lakes. before the 1960s, before we had a clean amendments, nearly half of our lakes Previously, the Clean Lakes program water program, many towns just al- have shown an increase in nitrogen lev- was a uniquely effective, cost-efficient lowed their storm sewers to discharge els. environmental program that provided into the lakes. Many even allowed In fact, last year a similar EPA study seed money to State lake programs to their sanitary sewers, after primary showed an expansion of the effects of projects on public lakes. treatment, to discharge into lakes. acid rain throughout. However, acid Mr. Chairman, I urge all of my col- Then they began to realize what an im- rain is not the only problem that our leagues to support this important leg- portant resource the lake is and di- Nation’s lakes are facing. They are fac- islation, and again I want to thank the verted sewage away from it and di- ing problems such as invasive species, gentleman from Pennsylvania (Chair- verted street runoff away from the degraded shorelines, mercury contami- man SHUSTER) for his leadership on lakes, although many in the northern nation, wetland loss, lake-use conflicts, this issue. tier continued to pile up snow from Mr. SHUSTER. Mr. Chairman, I yield fisheries imbalances, and nonpoint winter storms on the lake. Where else? 3 minutes to the distinguished gen- source pollution, are all threatening It seemed sensible. Let it melt, add to tleman from New Jersey (Mr. FRELING- our 41 million acres of freshwater the lake’s waters. Now we know that HUYSEN). there is pollution in winter as well as lakes. (Mr. FRELINGHUYSEN asked and This is part of the reason why I intro- in summer. Cities now avoid that trag- was given permission to revise and ex- duced H.R. 2328, and the other is be- edy inflicted upon the Nation’s lakes. tend his remarks.) So what we have is many lakes that cause my district, as in many parts of Mr. FRELINGHUYSEN. Mr. Chair- should be great resources for swim- the Nation, the lakes are a way of life. man, I thank the gentleman from ming, for tourism, for boating, for fish- They provide a quality of life for the Pennsylvania (Mr. SHUSTER) for yield- ing, that have substantial amounts of citizens who live near them. Whether it ing me this time; and the gentleman pollution embedded in the lake bottom. is tourism, drinking water, the natural from New York (Mr. SWEENEY) for his In the sediment under those waters, habitat for many species of birds, fish leadership; the gentleman from Min- plants grow up, transmit the pollut- and other animals, or simply recre- nesota (Mr. OBERSTAR) for his leader- ants to the fish who feed on the plant ation, many communities derive their ship. life, and then humans consume the fish livelihood from freshwater sources. Mr. Chairman, I rise in strong sup- and in turn find embedded in their Additionally, Mr. Chairman, I should port of H.R. 2328, a bill to reauthorize body cells the pollutants that we all point out that I have been disappointed the Clean Lakes program. This pro- know are so harmful. in the EPA’s attempt to shift funding gram recognizes the beauty and value Why is this legislation so important? requests under this program to section of our lakes and the need to protect Because cities can have access to funds 319, which deals with nonpoint source and restore these wonderful resources. to develop plans to clean up those pollution management. Our lakes are It is high time we reauthorize and fund lakes, restore them perhaps not to important enough to qualify and com- the Clean Lakes program. their pristine original condition cre- pete with other programs for Federal As we know, the Clean Lakes pro- ated by the glaciers when they re- funding, and that is why we need this gram was established in 1972 as part of treated 10,000 years ago, but at least to reauthorization program today. the Federal Water Pollution Control be swimmable, to be fishable, to be usa- I believe this program is something Act, commonly referred to as the Clean ble, to be a community attraction we can all agree on. During its heyday Water Act. The authorization expired rather than a point of shame for a com- in the 1970s and the 1980s, this program in 1990, and the program has not been munity. was popular with grass-roots organiza- funded since 1995 when the EPA This legislation will provide States, tions and citizens because it offered stopped requesting money to run it. through States to communities, the re- them the opportunity to work with While the EPA may have stopped re- sources, financial resources, they need Federal, State, and local entities on questing money for clean lakes, I have to make their lakes the great treasures both prevention and remediation of not, since New Jersey has many lakes that they should be. As the gentleman pollution. that need attention and immediate at- from New York (Mr. BOEHLERT) so po- Fundamentally, this program focuses tention. As a member of the Sub- etically described in the closing words on restoration, not regulation. Some of committee on VA, HUD and Inde- of his remarks on the House Floor, the past successes included what hap- pendent Agencies, I have consistently lakes should be the eye through which pened in the State of Florida, when supported a separate appropriation for a community sees itself and sees its they did an assessment of the 7,000 the section 314 program. Perhaps with treasurers. freshwater lakes to set up a lake man- the passage of this bill, a clean lakes So I have great hopes for this legisla- agement priority system. The grant earmark will now be possible at the ap- tion; and I want to take this oppor- helped the State prioritize its lakes propriations level. tunity to urge the administration to, and their watershed for remedial man- As we know, section 319 deals with in the future, include funding for the agement programs. watershed restoration issues. Section Clean Lakes program, which they have In New York and Vermont they used 314 deals with lake monitoring and pro- not done for several years, and to urge a grant and teamed up to assess phos- tection and management issues. Al- our colleagues on the Committee on phorus pollution in Lake Champlain though related, these two issues are Appropriations, it was very encour- and set up a plan to monitor the phos- different and should not have to com- aging to have the gentleman from New phorous load in the lake. pete for limited dollars. Jersey (Mr. FRELINGHUYSEN) address North Dakota used a clean lakes Mr. Chairman, we have had a sad ex- the issue rather directly, that enact- grant to seek correlations between perience in New Jersey where the ment of this legislation will give the micro-invertebrate communities and lumping together of section 314 and Committee on Appropriations an op- the trophic status of lakes. section 319 simply has not worked. This portunity to provide funding for the The results of these grants can help bill would move us towards correcting Clean Lakes program. That will be the other States that might face similar that problem, and I strongly support it. ultimate success of this legislation. H2152 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Mr. Chairman, I reserve the balance sideration for demonstration projects; Ms. BROWN of Florida. Yes, sir. Mr. of my time. and, C, increased the special authoriza- Chairman, in fact, I have been in touch Mr. SHUSTER. Mr. Chairman, I yield tion of financial assistance to States to with the Water Management District, myself such time as I may consume. mitigate harmful effects of high acid- and they will forward that informa- Mr. Chairman, I urge an aye vote on ity from acid deposition or acid mine tion. H.R. 2328, the Clean Lakes program, be- drainage from $15 million to $25 mil- In reviewing the bill, I was very con- cause it helps restore and protect our lion; and, D, prevented the report to cerned that Florida was not rep- Nation’s 41 million acres of freshwater Congress on the Clean Lakes Dem- resented in the bill. Of course this lake lakes. It helps States clean up their onstration Program from expiring is crucial to the State of Florida. lakes, and it mitigates the harmful ef- under the Federal Reports Elimination Mr. OBERSTAR. Mr. Chairman, I ask fects of high acidity like acid rain. and Sunset Act of 1995. the gentlewoman from Florida, is it a Now, one may ask why is this par- The subcommittee reported H.R. 2328, lake that is used considerably for fish- ticular bill, H.R. 2328, needed? It is be- as amended, favorably to the full com- ing as well? cause of the pollution or habitat deg- mittee. On March 16, 2000, the Com- Mr. Chairman, I yield to the gentle- radation that impairs 39 percent of the mittee on Transportation and Infra- woman from Florida (Ms. BROWN). 17 million acres which have already structure reported the bill as amended Ms. BROWN of Florida. Fishing, Mr. Chairman. But, as I said, there has been surveyed. EPA currently requires by the subcommittee by unanimous been a shift in the usage because of the States to stretch their limited voice vote. contamination of the lake. nonpoint source funds to clean up their Mr. Chairman, I reserve the balance Mr. OBERSTAR. Mr. Chairman, re- lakes. H.R. 2328 restores a national of my time. claiming my time, but because the Mr. OBERSTAR. Mr. Chairman, may focus and priority on our lakes. lake waters are contaminated, the fish I think it was very instructive, as the I inquire of the Chair how much time are probably not fit for sustainable remains on each side. distinguished ranking member pointed human consumption. out, the problem of such things as acid The CHAIRMAN. The gentleman Ms. BROWN of Florida. Mr. Chair- rain and how in Europe acid rain from from Minnesota (Mr. OBERSTAR) has man, if the gentleman will further 1 the Ruhr Valley caused problems all 16 ⁄2 minutes remaining. The gentleman yield, that is correct. Also, there has the way up in Sweden. from Pennsylvania (Mr. SHUSTER) has been a shift in the vegetation and wild- 1 b 1415 14 ⁄2 minutes remaining. life in communities around the lake be- Mr. OBERSTAR. Mr. Chairman, I cause of the polluted facility. Certainly here in the United States, yield myself such time as I may con- acid rain knows no State boundaries. Mr. OBERSTAR. Mr. Chairman, this sume. certainly is the type of lake and these Indeed, that is one of the reasons why Ms. BROWN of Florida. Mr. Chair- we need to have a national program, are the conditions that this legislation man, will the gentleman yield? seeks to address. The authority pro- because certainly acid rain is some- Mr. OBERSTAR. Mr. Chairman, I thing that crosses State lines, and the vided in the legislation for grants to yield to the gentlewoman from Florida States and through States to munici- acid rain from one State can very seri- (Ms. BROWN). ously damage the lakes of another palities is the appropriate venue for Ms. BROWN of Florida. Mr. Chair- the gentlewoman from Florida (Ms. State, as has, in fact, been the case. man, I thank the gentleman from Min- Now, the background to this pro- BROWN) to pursue this matter. nesota for yielding to me. We will certainly, on the committee, gram, which was established under sec- Mr. Chairman, I am very interested be very happy to support the gentle- tion 314 of the Clean Water Act, pro- in working with the gentleman from woman’s interest in seeing that there vides for financial and technical assist- Pennsylvania (Chairman SHUSTER) and are adequate resources when appropria- ance to States in restoring publicly the gentleman from Minnesota (Mr. tions are made. There are no appropria- owned lakes. In recognition of the OBERSTAR), the ranking member, con- tions available now. The point of this unique water quality challenges, facing cerning Lake Apopka in Florida. legislation is to authorize expanded our Nation’s lakes, Congress included Florida, as my colleagues know, is funding through a program from EPA the Clean Lakes Program as part of the one of the third largest States, and of grants to States and through States original 1972 Clean Water Act. Lake Apopka is the second most pol- to municipalities or other lesser units Section 314 contains various State luted lake in the State of Florida. of government that then will under- assessment and reporting require- We have been harmed by many years take cleanup plans. ments, a national demonstration pro- of agricultural storm water discharges, It would be useful if the gentlewoman gram, and an EPA grant program for as well as historical discharges of both from Florida (Ms. BROWN) could pro- assistance to States in carrying out domestic and industrial waste water. vide us with any restoration plan that projects and program responsibilities. Because of this, this particular lake either the city or county or joint pow- On June 23, 1999, the gentleman from has been in the news. Many Federal of- ers agreement authority may have de- New York (Mr. SWEENEY) introduced ficials have come down, and there is a veloped for the cleanup of this lake and H.R. 2328. This was referred solely to lot of concern as to how this relates to any other supporting information, as the Committee on Transportation and the community. the gentlewoman has already indi- Infrastructure. H.R. 2328 would reau- I am hoping that the committee will cated. I am sure the gentleman from thorize funding for the Clean Lakes look into Lake Apopka as we move this Pennsylvania (Chairman SHUSTER) will Program for fiscal years 2000 through bill through the process and consider support us in the initiative of appeal- 2005, and would increase the authorized adding this to the list. ing to EPA at the appropriate time for annual funding levels from $30 million Mr. OBERSTAR. Mr. Chairman, re- consideration of this project. to $100 million. claiming my time, could the gentle- Mr. SHUSTER. Mr. Chairman, will On October 18, 1999, the Sub- woman from Florida describe for us the the gentleman yield? committee on Water Resources and En- size of the lake in acres. Does the gen- Mr. OBERSTAR. I am happy to yield vironment held a hearing on Clean tlewoman from Florida have that infor- to the gentleman from Pennsylvania. Lakes and Water Quality Management mation available? Mr. SHUSTER. Mr. Chairman, I cer- and on H.R. 2328. On March 8, 2000, the Ms. BROWN of Florida. Mr. Chair- tainly concur with the gentleman from Subcommittee on Water Resources and man, if the gentleman will yield, I do Minnesota (Mr. OBERSTAR) and the gen- Environment marked up H.R. 2328. not have it, but I will have that infor- tlewoman from Florida (Ms. BROWN) The subcommittee adopted an mation for the gentleman from Min- and will be very happy to work on this amendment in the nature of a sub- nesota. with them to find an adequate and ac- stitute. This amendment, A, reduced Mr. OBERSTAR. Mr. Chairman, I ask ceptable solution. the funding authorization from $100 the gentlewoman from Florida, are Mr. OBERSTAR. Mr. Chairman, I re- million annually to $50 million annu- boating activities prevalent on the serve the balance of my time. ally; and, B, added additional lakes to lake? I yield to the gentlewoman from Mr. SHUSTER. Mr. Chairman, I am the list of lakes to receive priority con- Florida. pleased to yield such time as he may April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2153 consume to the gentleman from New reduce the effects of pollutants, espe- The Clerk read as follows: York (Mr. SWEENEY), the principal au- cially nitrates and sulfur dioxide Amendment offered by Mr. STUPAK: thor of this legislation. throughout. But in some respects, we At the end of the bill, add the following: Mr. SWEENEY. Mr. Chairman, I are losing that battle. SEC. 3. PROHIBITION OF BULK FRESH WATER SALES FROM GREAT LAKES. thank the gentleman from Pennsyl- This will provide us a ground-up ap- Section 314 of the Federal Water Pollution vania for yielding me the time. I echo proach to that effort. This will give us Control Act (33 U.S.C. 1324) is amended by the thoughts of the gentlewoman from the opportunity for people in the local adding at the end the following: Florida (Ms. BROWN) and hope that we communities to fight for these valu- ‘‘(e) PROHIBITION OF BULK FRESH WATER can work together in finding a solu- able resources. I am very proud to be SALES FROM GREAT LAKES.— tion. the sponsor of this bill, and I look for- ‘‘(1) IN GENERAL.—As a condition of the re- The beauty of this legislation really ward to its implementation. ceipt of grant assistance under this section is that it provides an opportunity for Mr. SHUSTER. Mr. Chairman, I yield in a fiscal year, the Administrator shall re- quire a State to provide assurances satisfac- localities and people in communities to back the balance of my time. tory to the Administrator that the State really interact and do some positive Mr. OBERSTAR. Mr. Chairman, I will prohibit in such fiscal year the sale of proactive work. yield back the balance of my time. bulk fresh water from any of the Great I have got a letter here from a Robert The CHAIRMAN. All time for a gen- Lakes. Mac Millan, who is the chairman of the eral debate has expired. ‘‘(2) BULK FRESH WATER DEFINED.—The Saratoga Lake Protection and Im- The committee amendment in the term ‘bulk fresh water’ means fresh water provement District. I would like to nature of a substitute printed in the extracted from any of the Great Lakes in read it because it will give people the bill shall be considered by sections as amounts intended for transportation by an original bill for the purpose of tanker or similar form of mass transpor- sense of the kinds of things and kinds tation, without further processing. The term of people that are interested in this. amendment, and pursuant to the rule, does not include drinking water in con- Dear Congressman SWEENEY: each section is considered read. tainers intended for personal consumption.’’. During consideration of the bill for I am writing to you in support of your Mr. STUPAK (during the reading). amendment, the Chair may accord pri- Clean Lakes Bill which will be the subject of Mr. Chairman, I ask unanimous con- a legislative hearing. ority in recognition to a Member offer- sent that the amendment be considered I am the Chairman of the Saratoga Lake ing an amendment that he has printed as read and printed in the RECORD. Protection and Improvement District in the designated place in the CONGRES- (SLPID). The SLPID was created as political The CHAIRMAN. Is there objection SIONAL RECORD. Those amendments subdivision of New York State in 1986 to su- to the request of the gentleman from pervise, manage, and control Saratoga Lake. will be considered read. Michigan? Our primary responsibilities are to enhance The Chairman of the Committee of There was no objection. recreational use of Saratoga Lake, protect the Whole may postpone a request for a Mr. STUPAK. Mr. Chairman, I rise real property values, conserve fish and wild- recorded vote on any amendment and today to offer an amendment which is life and enhance the scenic beauty of the may reduce to a minimum of 5 minutes very important to the residents in my Lake. We are funded primarily by a special the time for voting on any postponed tax assessment placed by lakefront property district and many congressional dis- question that immediately follows an- tricts throughout the Great Lakes re- owners. This tax assessment was increased other vote, provided that the time for 65.9 percent for the tax year 2000 and will gion. still fall short of funding necessary to con- voting on the first question shall be a My amendment would prevent the trol all of the actions we need on the Lake. minimum of 15 minutes. sale of fresh water from our Great Saratoga Lake is experiencing a major in- The Clerk will designate section 1. Lakes. Our precious water resources crease in aquatic weed growth and zebra The text of section 1 is as follows: should not be sold to the highest bid- mussels which adversely affects all aspects Be it enacted by the Senate and House of Rep- der, and we must ensure that this can- of our Lake. One of the most invasive weeds resentatives of the United States of America in not happen. is Eurasian Water Milfoil, a plant not native Congress assembled, Our Great Lakes are a tremendous to North America. Our primary method of SECTION 1. GRANTS TO STATES weed control has been mechanical har- Section 314(c)(2) of the Federal Water Pollu- recreational resource. They provide vesting, but we find that harvesting is not tion Control act (33 U.S.C. 1324(c)92)) is amend- boating, water skiing, fishing, and accomplishing control of the aquatic weed ed by striking ‘‘$50,000,000’’ the first place it ap- swimming opportunities. Our lakes are problem. We have applied for a permit from pears and all that follows through ‘‘1990’’ and also a tremendous source of drinking New York State Department of Environ- inserting ‘‘$50,000,000 for each of fiscal years water. Most notably, of course, are the mental Conservation to treat two of the 2001 through 2005’’. Great Lakes, which contain 20 percent problem areas in the Lake with aquatic her- The CHAIRMAN. Are there any of the world’s fresh water supply. bicide. This treatment will be closely mon- itored for effectiveness and incorporated in a amendments to section 1? The 35 million people residing near lake watershed and management plan which There being no amendments to sec- the Great Lakes have always appre- is presently ongoing. tion 1, the Clerk will designate section ciated the lakes’ beauty, vastness, I am aware of the Federal Non-indigenous 2. cleanliness, and now they must appre- Aquatic Nuisance Prevention and Control The text of section 2 is as follows: ciate that it is also a targeted com- Act of 1990 which was to mitigate the finan- SEC. 2. DEMONSTRATION PROGRAM. modity. cial impact of non-indigenous aquatic spe- Section 314(d) of the Federal Water Pollution b cies such as Eurasian Water Milfoil and Control Act (33 U.S.C. 1324(d)) is amended— 1430 zebra mussels on local governments. Our cur- (1) in paragraph (2) by inserting ‘‘Otsego In 1998, a Canadian company planned rent effort to control the weed in Saratoga Lake, New York; Oneida Lake, New York; to ship 3 billion liters of water from Lake through the use of an EPA and New Raystown Lake, Pennsylvania; Swan Lake, Lake Superior over 5 years and sell it York State approved herbicide may be an ex- Itasca County, Minnesota;’’ after Sauk Lake, to Asia. I offered legislation that was cellent demonstration project which could be Minnesota;’’; useful to other lakes experiencing similar (2) in paragraph (3) by striking ‘‘By’’ and in- passed by the House of Representatives problems with non-native aquatic species. serting ‘‘Notwithstanding section 3003 of the that called on the United States Gov- Providing our treatment efforts are success- Federal Reports Elimination and Sunset Act of ernment to oppose this action. The per- ful this year we hope to obtain funding to ac- 1995 (31 U.S.C. 1113 note; 109 Stat. 734–736), mit was subsequently withdrawn. The complish a whole lake treatment during 2001. by’’; and demand for water continues, however, Mr. Chairman, I read this letter and (3) in paragraph (4)(B)(i) by striking as freshwater supplies dwindle bring this letter to the floor to point ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’. throughout the world. out this will be the norm. This will be The CHAIRMAN. Are there any In the United States, each person the norm that occurs throughout this amendments to section 2? consumes 100 gallons of water each Nation as we fight to preserve our There being no amendments to sec- day. The global demand meanwhile clean water sources. tion 2, are there further amendments doubles every 21 years. Think about it. This bill being passed today is com- to the bill? The world water demand doubles every ing at a crucial time, as I stated before, AMENDMENT OFFERED BY MR. STUPAK 21 years. The World Bank predicts that especially since we have taken many Mr. STUPAK. Mr. Chairman, I offer by 2025 more than 3 billion people in 52 significant steps in the last decade to an amendment. countries will suffer water shortages H2154 CONGRESSIONAL RECORD — HOUSE April 12, 2000 for drinking or sanitation. Where, I beauty and our greatest natural re- the Province and, of course, on the U.S. ask, will countries find clean, fresh source for generations to come. side of the Great Lakes that resulted in water? They will look to alternative I urge my colleagues to support my the Province of Ontario denying a per- sources, sources which are outside amendment. mit to withdraw water. But the poten- their area and, more likely, outside Mr. OBERSTAR. Mr. Chairman, I rise tial remains for withdrawing water their borders. in opposition to the amendment. from one of the Great Lakes and bot- It is understandable, therefore, that I rise not so much in opposition to tling it in little containers. And if it the pristine water of our Great Lakes the concept. In fact, not at all in oppo- can be bottled in pint and quart and will be targeted. The method is real. sition to the concept. I support very gallon and 5 gallon sizes, then what is The threat is real. To those who say vigorously the idea that the gentleman to prevent someone from shipping it in the bulk shift of fresh water is not eco- is trying to advance, but I do not sup- larger containers of 5,000 or 10,000 gal- nomically feasible, I say, look around port the vehicle that he has chosen to lons or more? us. From Newfoundland in Canada, to approach this subject. So the concern of my good friend, Lake Superior in Michigan, to Alaska, The matter of diversion of water who maintains a watchful eye from his several companies are competing to from the Great Lakes is an issue of northern peninsula, upper peninsula, a ship our precious freshwater resources very great concern to those of us who Michigan outpost, on the lake is well overseas. live in this heartland of the United placed and fully founded and justified. For those who take a short-term States. The Great Lakes represent 20 The CHAIRMAN. The time of the view of protecting this resource, bulk percent of all the fresh water on the gentleman from Minnesota (Mr. OBER- sales of fresh water must seem irresist- face of the Earth. Lake Superior rep- STAR) has expired. ible. Throw a hose in the water, hook resents half of that water. Lake Supe- (By unanimous consent, Mr. OBER- up a pump, and fill an ocean tanker. rior is equal to all the water of the STAR was allowed to proceed for 2 addi- Maximum profits with minimum over- other four Great Lakes. It is a vast re- tional minutes.) Mr. OBERSTAR. So I compliment head. A windfall if a State wanted to li- source. The only other lake in the the gentleman, Mr. Chairman, on his cense this kind of operation. world that approaches the volume and Yes, our Great Lakes are renewable; the enormity of Lake Superior is Lake vigilance on this matter, but I feel that but they are not replaceable. I am very Baikal in Russia. the vehicle is not appropriate. It has, first of all, not had widespread scrutiny concerned that shortsighted policies We have been vigilant, on both the in our committee. We have not had an could allow for large-scale diversions of U.S. and the Canadian side, about the opportunity until just now to review Great Lakes water, threatening the en- water quality, about the volume of water, through the international joint the approach the gentleman takes. vironment, the economy, and the wel- It has been my intention that, in co- commission; about the rising or falling fare of the Great Lakes region. operation with the gentleman from We are not merely citizens of the levels of water in the Great Lakes. We Michigan and others of our colleagues Great Lakes. We are their guardians. have also been concerned that there in the Great Lakes States, to approach may be attempts by water-short areas We are their stewards. We are their this subject in the forthcoming Water of the North American continent and protectors. We encourage conservation, Resources Development Act of 2000. and we return 95 percent of all the water-short areas of other places on I would like to ask my colleague if he water taken from the Great Lakes. the face of the Earth that may have would consider withdrawing the Setting aside global water use and their eyes fixed on the Great Lakes. amendment, preserving the option and, trade policies, I ask Members to con- Beginning with the coal slurry pipe- of course, protecting his right to come sider how bulk diversion of Great line in 1970, the eyes of the western forth in the WRDA bill and to cooper- Lakes water could jeopardize our ef- States were fixed on the Great Lakes, ate with us in a similar venture. forts to be good stewards. In terms of admittedly under the guise of selling Mr. STUPAK. Mr. Chairman, will the water quality, if we permit bulk diver- low sulfur coal in an economical trans- gentleman yield? sions to further lower water levels, we port means of pipeline to the lakehead Mr. OBERSTAR. I yield to the gen- increase the concentration of runoff in Duluth, where then it could be tleman from Michigan. contaminants, of fuel pollution. As transferred to tankers for lower lake Mr. STUPAK. Mr. Chairman, I thank lake levels drop, which they are now, port power plants. But those of us who the ranking member for yielding. If we increase the need for dredging to maintain vigil on the shores of Gitche there is going to be a WRDA bill, that maintain our vital waterways, further Gumee said this also has the capacity is the first if. Secondly, if we will be compounding the problem with toxic of draining the water out of the lakes. given an opportunity to offer the sediments. They could reverse those pumps. Once amendment. We must consider all threats posed to they are that close to Lake Superior, We have a bill; it is 2595. As the gen- our Great Lakes. We must be conscious they could just drop a pump in the lake tleman knows, the International Joint of the threat posed by the sale or diver- and start shipping the water westward. Commission on February 22 put forth sion of Great Lakes water just as care- We vigorously opposed and ultimately their recommendations on what should fully as we weigh the impact of the stopped the coal slurry pipeline. be done to not only stop vast transfers invasive species or drilling for gas and In 1986, in furtherance of this con- of water out of the Great Lakes region oil in the Great Lakes. None of these cern, I offered an amendment in com- but also what should be in the mean- concerns are truly independent of one mittee in the Water Resources Devel- time to make sure the States provide another in terms of their potential im- opment Act, in cooperation with Demo- the necessary data and information so pact on the 35 million people who de- crats and Republicans throughout the we can make intelligent decisions con- pend on our most vital natural re- Great Lakes States, to require, before cerning our water resources. Not just source, the Great Lakes, our great any water could be diverted out of any for transfer or sale but also for the treasures. of the Great Lakes, unanimous consent ecology of it, for the environment, and My amendment would withhold grant of the governors of the Great Lakes for the conservation. assistance from Great Lakes States States and, though we could not bind, So if we would have a WRDA bill, and which allow the sale of bulk fresh the province of Ontario. That province if we were to be given the opportunity water from the Great Lakes. This re- is so vast it covers all five of the Great to appear before the committee to striction would apply to water ex- Lakes. And we succeeded in getting present H.R. 2595, my bill on the Great tracted from a lake for mass transpor- that language enacted. It has been suc- Lakes, or a modified version taking in tation without further processing and cessful until very recently in scaring the International Joint Commission’s does not apply to bottled water used off potential diverters. recommendations, I would be willing to for consumption. Then, in 1998, a Canadian company entertain that. The cleanup of our lakes will pre- based in the Province of Ontario got up I see we probably have a number of serve their beauty for generations to the idea of selling, in bulk means, more speakers, so I would like to hear come. The ban on water sales from our water from Lake Ontario to overseas the other speakers before I withdraw Great Lakes will also preserve their sources. An immediate outcry rose in the amendment. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2155 The CHAIRMAN. The time of the tleman that we will work very closely There was no objection. gentleman from Minnesota (Mr. OBER- and very diligently toward his objec- The CHAIRMAN. The gentleman STAR) has once again expired. tive. from Pennsylvania (Mr. SHUSTER) has (By unanimous consent, Mr. OBER- Mr. STUPAK. Mr. Chairman, I ask reserved a point of order. STAR was allowed to proceed for 2 addi- unanimous consent to withdraw my The gentleman from Ohio (Mr. TRAFI- tional minutes.) amendment. CANT) is recognized for 5 minutes. Mr. OBERSTAR. Mr. Chairman, if I The CHAIRMAN. Is there objection Mr. TRAFICANT. Mr. Chairman, I might inquire of the gentleman from to the request of the gentleman from would like to notify the committee Pennsylvania (Mr. SHUSTER) regarding Michigan? that I did bring this to the floor earlier the formulation. I think we may be at There was no objection. this morning but I have been testifying the end of hearings, or there may be an The CHAIRMAN. The amendment is before the Committee on Ways and opportunity for further hearings on the withdrawn. Means and would have apprised the WRDA bill, but it is my understanding Are there further amendments to the leadership of it. But it is an amend- that the chair of the Committee on bill? ment that has been passed to every Transportation and Infrastructure in- AMENDMENT OFFERED BY MR. TRAFICANT probation bill and every authorizing tends to proceed with a WRDA bill for Mr. TRAFICANT. Mr. Chairman, I bill that involves the expenditures of 2000. offer an amendment. funds. It has not been a controversial Mr. SHUSTER. Mr. Chairman, will The Clerk read as follows: bill in the past. I do not believe it the gentleman yield? Amendment offered by Mr. TRAFICANT: should be at this point. Mr. OBERSTAR. I yield to the gen- At the end of the bill, add the following In any event, it encourages the pur- tleman from Pennsylvania. new section: chases of American-made products. Mr. SHUSTER. Mr. Chairman, it is SEC. —. SENSE OF CONGRESS; REQUIREMENT RE- Anyone who gets assistance under the certainly our intention to move the GARDING NOTICE. bill shall get a notice of Congress in- WRDA bill this year, WRDA 2000. The (a) PURCHASE OF AMERICAN-MADE EQUIP- tention to urge them, wherever pos- MENT AND PRODUCTS.—In the case of any sible, to buy American-made products. administration just sent their bill up, equipment or products that may be author- so we will be dealing with it. Finally, anyone who is getting these ized to be purchased with financial assist- funds give us a report back when they And I would say to my good friend ance provided under this Act, it is the sense from Michigan that we certainly want of the Congress that entities receiving such spend the money how they spend that to work with him. I do not think this assistance should, in expending the assist- money. is the appropriate vehicle. The WRDA ance, purchase only American-made equip- Now, we are running about a $300 bil- bill would seem to be more appro- ment and products. lion trade deficit. I think if we are priate. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— going to go ahead and spend money for In providing financial assistance under this We just received this amendment, lit- goods and services that those goods Act, the head of each Federal agency shall and services, wherever possible, should erally handed to us. So while we are provide to each recipient of the assistance a aware of the basic issue the gentleman be American goods and services. notice describing the statement made in sub- Mr. SHUSTER. Mr. Chairman, will is attempting to address, which is com- section (a) by the Congress. the gentleman yield? plex and which is very important, we (c) NOTICE OF REPORT.—Any entity which Mr. TRAFICANT. I yield to the gen- are quite happy to work with the gen- receives funds under this Act shall report any expenditures on foreign-made items to tleman from Pennsylvania. tleman to see if we cannot accommo- Mr. SHUSTER. Mr. Chairman, I am date him on a more appropriate vehi- the Congress within 180 days of the expendi- ture. pleased to withdraw my point of order. cle, such as the WRDA bill or another Mr. TRAFICANT (during the read- Having had the opportunity now to see related piece of legislation. the amendment, it is a buy-American Mr. OBERSTAR. Reclaiming my ing). Mr. Chairman, I ask unanimous consent that the amendment be consid- amendment, which I have vigorously time, Mr. Chairman, it does seem to me supported in the past and am happy to that WRDA is the appropriate vehicle, ered as read and printed in the RECORD. The CHAIRMAN. Is there objection support today. and I further yield to the gentleman Mr. TRAFICANT. Mr. Chairman, I from Michigan. to the request of the gentleman from Ohio? appreciate the comments of the gen- Mr. STUPAK. The few times I have tleman, and I apologize to both gen- done bills on Great Lakes to preserve Mr. SHUSTER. Mr. Chairman, re- serving the right to object, we do not tleman from having not been here to and protect the Great Lakes, they have explain it to them earlier. been bipartisan bills. I would like to re- know what this amendment is, have not seen it or heard about it, have not Mr. OBERSTAR. Mr. Chairman, will main in that bipartisan atmosphere. At the gentleman yield? times, it gets a little difficult, when we smelled it. This is a surprise. Mr. TRAFICANT. Mr. Chairman, this Mr. TRAFICANT. I yield to the gen- have people outside the Great Lakes is a standard Buy American amend- tleman from Minnesota. coming into our region and our dis- ment that has been added to every Mr. OBERSTAR. Mr. Chairman, I tricts and making wild statements transportation bill that we have of- would like to inquire of the gentleman about our lack of protection of the fered. from Ohio (Mr. TRAFICANT), of course Great Lakes. So we are always vigilant we have had buy-American provisions to look for opportunities to protect our b 1445 in other legislation of this committee. Great Lakes and our Great Lakes re- The CHAIRMAN. The gentleman But the Part B of the sense of Con- sources. from Ohio (Mr. TRAFICANT) has an gress, does the notice to recipients in As long as I am a Member of Con- amendment to this bill at the desk. Part B flow from the sentence in the gress, I will continue to work day in Mr. TRAFICANT. Yes, I do, Mr. previous subsection (a), that is, the and day out to protect the Great Chairman. sense of Congress, so that Part B is Lakes. Based upon the assurances from Mr. SHUSTER. Mr. Chairman, I re- also a sense of Congress and not a re- the chairman and the ranking member, serve the right to object. May we have quirement in law that, in providing fi- however, I will look forward to work- a copy of the amendment. nancial assistance, the head of each ing with both the chairman and the The CHAIRMAN. The Clerk will re- agency shall provide a notice? ranking member to work to protect the report the amendment. Mr. TRAFICANT. Mr. Chairman, re- Great Lakes in the WRDA bill, WRDA The Clerk rereported the amend- claiming my time, section (b) states 2000. ment. that, even though it is the sense of the Mr. OBERSTAR. Reclaiming my Mr. TRAFICANT (during the read- Congress that they are not mandated time, Mr. Chairman, I want to thank ing). Mr. Chairman, I ask unanimous to buy American, section (b) mandates the gentleman for his leadership on consent that the amendment be consid- that the agency shall at least make no- this issue, for his vigilance, his con- ered as read and printed in the RECORD. tice that the Congress encourages the cern, and for his statesmanship in The CHAIRMAN. Is there objection purchase of American products. making this unanimous consent re- to the request of the gentleman from Mr. OBERSTAR. Mr. Chairman, if quest. And I want to assure the gen- Ohio? the gentleman will continue to yield, H2156 CONGRESSIONAL RECORD — HOUSE April 12, 2000 the sense of Congress language termi- Is a separate vote demanded on the cooperative efforts to address the re- nates with subsection (a) but sub- amendment to the committee amend- maining work to be done to restore and section (b) is a requirement upon Fed- ment in the nature of a substitute to protect the Bay. eral agencies to provide notice. adopted by the Committee of the I would emphasize that this legisla- Mr. Chairman, may I inquire of the Whole? If not, the question is on the tion passed the subcommittee and the gentleman from Pennsylvania (Mr. committee amendment in the nature of full committee unanimously by a voice SHUSTER), is that the understanding of a substitute. vote, and I know of no controversy. the chairman? The committee amendment in the Mr. Chairman, I reserve the balance Part B of the Buy-American provi- nature of a substitute was agreed to. of my time. sion is a requirement upon Federal The SPEAKER pro tempore. The Mr. OBERSTAR. Mr. Chairman, I agencies providing assistance to pro- question is on the engrossment and yield myself such time as I may con- vide a notice and to report. third reading of the bill. sume. Mr. Chairman, is that consistent The bill was ordered to be engrossed Mr. Chairman, I strongly support with the understanding of the chair- and read a third time, and was read the H.R. 3039, the Chesapeake Bay Restora- man? I just want to make this clear. third time. tion Act. The Chesapeake Bay is one of Mr. SHUSTER. Mr. Chairman, will The SPEAKER pro tempore. The the great estuaries of the world, per- the gentleman yield? question is on the passage of the bill. haps the greatest, the meeting place of Mr. TRAFICANT. I yield to the gen- The question was taken; and the salt and fresh water where new forms tleman from Pennsylvania. Speaker pro tempore announced that of life are created. Mr. SHUSTER. Mr. Chairman, I the ayes appeared to have it. Those forms of life, whether new guess that is what the language says. Mr. SHUSTER. Mr. Speaker, on that forms or existing ones, are increasingly There might be a technical problem I demand the yeas and nays. endangered in the world’s estuaries by with some of the language which we The yeas and nays were ordered. the pollution that we discharge into would have to work out in conference The SPEAKER pro tempore. Pursu- the waters and into the meeting places. here. ant to clause 8 of rule XX, further pro- In 1983, the Federal Government and Mr. TRAFICANT. Mr. Chairman, re- ceedings on this question will be post- the States of Virginia, Maryland, claiming my time to clarify the con- poned. Pennsylvania, as well as the District of cern of the gentleman from Minnesota f Columbia, signed the first Chesapeake (Mr. OBERSTAR), the Congress urges the Bay Agreement. Four years later, the recipients of this money to buy Amer- CHESAPEAKE BAY RESTORATION Federal Government and the Bay ican, but the Congress also requires ACT OF 1999 States and the communities within those agencies that give the money to The SPEAKER pro tempore. Pursu- them reached agreement on the prob- give them a notice that Congress does ant to House Resolution 470 and rule lems facing the Bay, the shared respon- encourage them to buy. XVIII, the Chair declares the House in sibility for deteriorating conditions, They are not compelled to buy, but the Committee of the Whole House on and on the joint actions that were what they are compelled to give is a the State of the Union for the consider- needed to slow and reverse the destruc- notice and give us a report on the ac- ation of the bill, H.R. 3039. tion of this resource. tivity. b 1454 In the past 17 years, the hard work of Mr. SHUSTER. Mr. Chairman, if the all those involved is beginning to bear gentleman will continue to yield, is it IN THE COMMITTEE OF THE WHOLE fruit. The Bay is showing signs of im- his understanding that this applies Accordingly, the House resolved provement. But the work is never over. only to the legislation before us today? itself into the Committee of the Whole This legislation will take a further Mr. TRAFICANT. Mr. Chairman, ab- House on the State of the Union for the step toward improvement of water solutely, to this specific bill and this consideration of the bill (H.R. 3039) to quality and improvement of the overall bill alone. I will have another amend- amend the Federal Water Pollution health of the Bay ecosystem. ment for his next bill very similar. Control Act to assist in the restoration The legislation will reauthorize the Mr. Chairman, I urge an ‘‘aye’’ vote. of the Chesapeake Bay, and for other Environmental Protection Agency’s The CHAIRMAN. The question is on purposes, with Mr. GILLMOR in the successful Chesapeake Bay Program for the amendment offered by the gen- chair. an additional 6 years, giving stability tleman from Ohio (Mr. TRAFICANT). The Clerk read the title of the bill. and strength to this very important The amendment was agreed to. The CHAIRMAN. Pursuant to the initiative. It will increase the program The CHAIRMAN. Are there other rule, the bill is considered as having funding level. The Program Office of amendments? been read the first time. EPA has been very successful in work- If not, the question is on the com- Under the rule, the gentleman from ing collaboratively with the States and mittee amendment in the nature of a Pennsylvania (Mr. SHUSTER) and the the communities adjacent to the Bay substitute, as amended. gentleman from Minnesota (Mr. OBER- in identifying causes of pollution, The committee amendment in the STAR) each will control 30 minutes. building partnerships to restore the nature of a substitute, as amended, was The Chair recognizes the gentleman health of that enormous resource. agreed to. from Pennsylvania (Mr. SHUSTER). Under this legislation, EPA will con- The CHAIRMAN. Under the rule, the Mr. SHUSTER. Mr. Chairman, I yield tinue the cooperative collaborative ap- Committee rises. myself such time as I may consume. proach of developing interstate man- Accordingly, the Committee rose; Mr. Chairman, I certainly want to agement plans, control harmful nutri- and the Speaker pro tempore (Mr. commend the gentleman from Virginia ents, control the addition of toxins to CAMP) having assumed the chair, Mr. (Mr. BATEMAN) for his leadership on improve water quality, and restore GILLMOR, Chairman of the Committee this legislation that is going to help habitats to the ecosystem. of the Whole House on the State of the protect one of our national treasures, In addition, the legislation will in- Union, reported that that Committee, the Chesapeake Bay. corporate into the Chesapeake Bay having had under consideration the bill The Bay has a 64,000 square mile wa- Agreement those improvements jointly (H.R. 2328) to amend the Federal Water tershed and is home to over 15 million recommended by the participating Pollution Control Act to reauthorize people and more than 3,000 plant and States, including recommendations for the Clean Lakes Program, pursuant to animal species. Bay restoration efforts the administrator and authority for House Resolution 468, reported the bill are working well. Striped bass, under- the administrator to approve small wa- back to the House with an amendment water grasses are back, toxic releases tershed grants to fund local govern- adopted by the Committee of the are down, more than 67 percent since ments and nonprofit organizations for Whole. 1988 in fact, and the nutrients have local protection and restoration pro- The SPEAKER pro tempore. Under been reduced. grams. the rule, the previous question is or- However, parts of the Bay remain im- If we do not address the health of the dered. paired. This legislation will strengthen Bay by including the watersheds that April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2157 drain into that Bay, we have not ac- ing the Chesapeake Bay ecosystem of bay grasses, nutrient and toxic re- complished the purpose of preserving, through workable partnerships among ductions, and significant advances in restoring, and enhancing the quality of the Federal Government, the District estuarine science. However, parts of the waters of the Bay. That, I think, is of Columbia, and the States sur- the bay remain impaired. Nutrients are the most important feature of this leg- rounding the bay watershed. I also still too high, oyster populations have islation, that it deals with the water- want to acknowledge, Mr. Chairman, been in severe decline, and water clar- shed and not just with the discharge the outstanding work of the gentleman ity still has a great deal that needs to points. from Virginia (Mr. BATEMAN) in devel- be done to improve it. By passing H.R. I strongly support the legislation and oping and pursuing this legislation. 3039, the House will declare its commit- urge an ‘‘aye’’ vote. H.R. 3039 builds upon the success of ment to saving the bay. Mr. Chairman, I reserve the balance the Chesapeake Bay program by incor- The Chesapeake Bay program has not of my time. porating within it several improve- been reauthorized since the expiration Mr. SHUSTER. Mr. Chairman, I am ments which have been recommended of the Clean Water Act of which it was pleased to yield 1 minute to the distin- by the Federal Government and the a component. Although the program guished gentleman from New York (Mr. other signers of the 1987 Chesapeake has continued to receive funding annu- BOEHLERT), the chairman of the Sub- Bay agreement: Virginia, Maryland, ally since then, it is important that committee on Water Resources and De- the District of Columbia, and my home the Congress express its continued sup- velopment. State of Pennsylvania. Included within port for the cleanup and preservation (Mr. BOEHLERT asked and was given this bill is authority for a new small of the Chesapeake Bay. The Chesa- permission to revise and extend his re- watershed grants program. Funding for peake Bay Restoration Act would do marks.) this new program would be available to just that, reauthorizing the program Mr. BOEHLERT. Mr. Chairman, I local governmental and nonprofit orga- from 2000 to 2005. In addition, the bill thank the chairman for once again pro- nizations as well as individuals in the requires the submission of reports both viding, along with the gentleman from Chesapeake Bay region to implement to the Congress and the public describ- Minnesota (Mr. OBERSTAR), the ranking local protection and restoration pro- ing the activities funded by the pro- member, leadership on the full com- grams in the watershed to improve gram and its accomplishments. The Chesapeake Bay is one of the mittee. I want to express my deep ap- water quality and create, restore or en- most vital natural resources in the preciation to the gentleman from hance habitat within the ecosystem. United States. Please join me in sup- Pennsylvania (Mr. BORSKI), the rank- Mr. Chairman, the Chesapeake Bay is a porting the enhancement of a program ing member of our Subcommittee on national treasure struggling toward that has done so much to preserve this Water Resources and Development. restoration. This legislation will add wonderful resource. Once again, this is time to highlight greatly in that restoration. I urge an Mr. OBERSTAR. Mr. Chairman, I something that needs to be high- aye vote on this legislation. yield 2 minutes to the gentleman from lighted. We do not do it often enough. Mr. SHUSTER. Mr. Chairman, I yield Maryland (Mr. CARDIN), who has been a I know we do it in the Committee on 3 minutes to the distinguished gen- vigilant participant in protecting the Transportation and Infrastructure. We tleman from Virginia (Mr. BATEMAN), resources of the bay. I am grateful for do a lot of things exceptionally well. the principal author of this legislation. his leadership. But we have the best professional staff Mr. BATEMAN. Mr. Chairman, I Mr. CARDIN. Mr. Chairman, let me anywhere on the Hill or in any govern- thank the gentleman from Pennsyl- thank the gentleman from Minnesota mental unit and they deserve a lot of vania for yielding me this time. I for yielding me this time, but more im- praise. would like to say to him and to the portantly let me thank the leadership ranking member and to all those who b 1500 on both sides of the aisle for bringing have addressed this subject matter forward this very, very important bill. I will defer to the gentleman from today that I am proud to have lived I think we all can be very proud of Virginia (Mr. BATEMAN) and the gen- near the shores of the Chesapeake Bay what we have been able to do in the tleman from Maryland (Mr. all but 5 years of my life. It is a very Chesapeake Bay, the Federal Govern- GILCHREST), people who live in the zone dear part of the world. I am proud to ment being one of the major partners. who are just married to the Chesa- have been associated with the creation I particularly want to acknowledge the peake Bay and who know so well the of the original Chesapeake Bay pro- work that the gentleman from Virginia importance of that great resource and gram and its original authorization (Mr. BATEMAN) has done over his entire what we need to do to make certain we and my role in convincing the then congressional career on the Chesapeake move forward to restore it. Reagan administration that it should Bay. With that, let me thank all who have be the bellwether of their environ- The constituents of my district and been partners to this venture. We have mental program, which even deserved in Maryland, indeed the entire Nation, come a long way. We have got further mention in the President’s State of the are very much gratified by what we to go. We are going to get there to- Union address. have been able to accomplish through gether. The Chesapeake Bay program is the the leadership here in Congress. I see Mr. OBERSTAR. Mr. Chairman, I unique regional partnership that has the gentleman from Maryland (Mr. yield such time as he may consume to been coordinating the restoration of GILCHREST) who has been another one the gentleman from Pennsylvania (Mr. the Chesapeake Bay since the signing of the real leaders on the Chesapeake BORSKI), the ranking member of the of the historic 1983 Chesapeake Bay Bay issues. This has been one of the Subcommittee on Water Resources and agreement. As the largest estuary in largest voluntary multijurisdictional Environment, who has maintained a the United States and one of the most water quality and living resource res- vigilant eye on the bay and on the productive in the world, the Chesa- toration programs in the history of our water quality thereof. peake Bay was the Nation’s first estu- Nation, and it has been a model pro- (Mr. BORSKI asked and was given ary targeted for restoration and pro- gram that we can now use in many permission to revise and extend his re- tection. The Chesapeake Bay program other multijurisdictional bodies of marks.) evolved as the means to restore this ex- water. Mr. BORSKI. Mr. Chairman, let me ceptionally valuable resource. H.R. 3039 I was Speaker of the House in Mary- first thank the gentleman for yielding will continue the cooperative Federal, land in 1983 when Governor Hughes on me this time. I rise in strong support of State, and local efforts that already behalf of the State of Maryland joined H.R. 3039, the Chesapeake Bay Restora- have successfully achieved progress re- with the governors of Virginia and tion Act of 1999. This legislation would storing the bay. Pennsylvania and the mayor of Wash- reauthorize the successful Chesapeake Since its inception in 1983, the bay ington and the administrator of EPA Bay program for an additional 6 years. program’s highest priority has been and signed a one-page 1983 agreement This program, operating with the Envi- restoration of the bay’s living re- that started the Chesapeake Bay Res- ronmental Protection Agency, has been sources. Improvements include fish- toration program with a Federal part- very effective at protecting and restor- eries and habitat restoration, recovery nership. It has been a partnership of H2158 CONGRESSIONAL RECORD — HOUSE April 12, 2000 government, the Federal, State and Mr. SHUSTER. Mr. Chairman, I am We still have toxic pollution in the local; it has been a partnership be- pleased to yield 31⁄2 minutes to the gen- Chesapeake Bay, whether it still comes tween government and the private sec- tleman from Maryland (Mr. from chemical factories that we are tor; and it has worked. GILCHREST), one of the champions of trying to resolve and doing a good job We set one of the most ambitious the Chesapeake Bay. at or point source pollutions like sew- goals for reducing pollutants in nitro- Mr. GILCHREST. Mr. Chairman, I age treatment plants that need up- gen and in phosphorus by 40 percent by thank the gentleman for yielding me grades. Those are the kinds of issues this year. Mr. Chairman, we have come this time. This has been a bipartisan that the Chesapeake Bay program very close to meeting those goals in a effort on both sides of the aisle, from deals with. It is vital. watershed the size of 64,000 square the chairman of the committee to the The Chesapeake Bay program also miles. We have never attempted such a gentleman from Minnesota (Mr. OBER- deals with the fisheries. The oyster broad program in the past. I think we STAR). Certainly I would like to honor population is down over 90 percent all can be proud. This reauthorization on this day the gentleman from Vir- from what it was at the turn of the bill not only reauthorizes but expands ginia (Mr. BATEMAN), who has worked century. Now that we are in a new turn it, increases the Federal Government’s literally his entire career on these of the century, it is time to bring those partnership in this effort, which gives issues and his heart is in this greatest oysters back and in a manner in which us great hope for the future. of estuaries, which the gentleman from nature intended, by building oyster Mr. OBERSTAR. Mr. Chairman, I Minnesota has so eloquently stated. I reefs, maybe 10 feet high, maybe 20 feet yield myself 2 minutes. also want to thank the gentleman from high, to perpetuate that particular spe- Mr. CARDIN. Mr. Chairman, will the Maryland (Mr. CARDIN) for his efforts cies. Striped bass recovery we know is gentleman yield? and all of us that have worked together pretty successful. The fisheries is a Mr. OBERSTAR. I yield to the gen- on this particular issue. part of the Chesapeake Bay program. tleman from Maryland. When John Smith came here well I have one quick comment about a Mr. CARDIN. Mr. Chairman, I had in- over 300 years ago, there were a few particular species called menhaden tended to offer an amendment requir- thousand people in the watershed. Now which also filters out certain nutrients ing the administrator to commence a 3- there are over 15 million people in the in the bay like the oysters. The Chesa- year study to develop model water watershed. With this new census, there peake Bay program has recommended quality and living resource improve- might be 16 or 17 million people in the an ecosystem approach to that par- ment strategies for areas impacted by watershed. So things are difficult. To ticular fisheries management plan development using work currently manage this watershed, we need more where the menhaden, you give a few to under way in the Patapsco/Back River than just one State doing their job. We the commercial watermen that use it tributary in the Baltimore, Maryland, for a variety of reasons, you give a few metropolitan area. My amendment need a multistate effort to ensure that human activity is in such a way that to the recreational fishermen, whoever would have specified that the adminis- wants to eat menhaden, pretty oily. trator’s study, conducted with the full we certainly encourage economic de- velopment; but we encourage that eco- But you also make sure that you give participation of local governments, wa- a certain number of menhaden to the tershed organizations, and interested nomic development to be in harmony with the natural processes of nature so rock fish that need it to sustain them- groups, develop a coordinated mecha- selves, and you give a certain quantity nism and make various determinations the bay can continue to be restored. I do not think we can ever get the of menhaden to the Chesapeake Bay so and recommendations to achieve water that a filtering action can occur. quality and living resource goals in bay back to the way it was when John b areas impacted by development with Smith was here. We will never restore 1515 particular reference to Gwynn Falls, the bay to its original grandeur, and Mr. Chairman, the Chesapeake Bay Jones Falls, and Herring Run water- we will never solve the problem. From program is vital. sheds. now until the end of time, the end of I want to thank the gentleman from Am I correct that the gentleman’s in- human habitation, this Chesapeake Virginia (Mr. BATEMAN) for his efforts, tent is to encourage EPA, the Chesa- Bay program is going to be vital, be- and I want to thank all the members of peake Executive Council, and inter- cause we continue to have develop- this committee that have moved this ested governmental and nongovern- ment, we continue to have agriculture, program forward. I urge an ‘‘aye’’ vote mental entities to work together on we continue to have a whole range of on this bill. studies and strategies relating to water issues, including air deposition from as Mr. OBERSTAR. Mr. Chairman, I quality and living resources in areas far away as the Midwest causes about a yield 4 minutes to the gentleman from impacted by development? third of the nutrient overload in the Ohio (Mr. TRAFICANT). Mr. SHUSTER. Mr. Chairman, will Chesapeake Bay. Mr. TRAFICANT. Mr. Chairman, I the gentleman yield? And so this multistate agreement is want to thank the gentleman from Mr. OBERSTAR. I yield to the gen- vitally important for us to learn how Maryland (Mr. CARDIN), a fellow Pitt tleman from Pennsylvania. to reduce the nutrients, and we have grad; the gentleman from Pennsylvania Mr. SHUSTER. The gentleman cer- found some key factors; and we are be- (Mr. SHUSTER), a Pitt grad; the gen- tainly is correct. We want to acknowl- coming successful in that. One of the tleman from Virginia (Mr. BATEMAN); edge his strong interest in this par- other issues of the Chesapeake Bay the gentleman from Maryland (Mr. ticular issue. We appreciate his co- program is to bring the bay grasses GILCHREST), a leader on conservation operation. We look forward to working back that provides the necessary habi- issues; and the gentleman from Min- with him and other colleagues on coop- tat for the resource, which is crabs and nesota (Mr. OBERSTAR), I am proud to erative, consensus-based approaches to fish and a whole range of other things support this, but I have had some of my protecting the Chesapeake Bay. in this marine ecosystem. The bay was companies call me and want to know if Mr. CARDIN. I want to thank the not intended to be a desert. Maybe the there will be any of this debris in the gentleman for those kind words and Sahara Desert has a good ecosystem, form of truckloads of polluted material also thank my friend again from Min- maybe the Antarctic has a good eco- needing abatement that will become nesota for yielding. system; but the Chesapeake Bay was part of an RFP, because my companies Mr. OBERSTAR. Mr. Chairman, we intended to have grass, subaquatic would certainly want to bid on it. certainly share the view just expressed vegetation for the natural ecosystem I think that this legislation would re- by the chairman on the gentleman’s to abound. The Chesapeake Bay pro- quire, if there is some polluted soil or concerns and his intent, and we will gram is figuring out, with our help, the some polluted sediment underneath the look forward to working with the gen- relentless, sometimes tiring, effort to Bay, in the form of a colloquy, I will tleman on a consensus-based, coopera- bring that resource back to the bay. ask the chairman, would it require tive approach to protecting the Chesa- Toxic pollution. With the Clean that perhaps some of this sediment be peake Bay. Water Act back in 1972 when they removed? Would this bill cover that? Mr. Chairman, I reserve the balance began to think about point source pol- Mr. OBERSTAR. Mr. Chairman, will of my time. lution, we began to solve that problem. the gentleman yield? April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2159 Mr. TRAFICANT. I yield to the gen- Mrs. MORELLA. Mr. Chairman, I commitment to the challenges facing tleman from Minnesota. thank the gentleman for yielding me our planet and the Chesapeake Bay. We Mr. OBERSTAR. Mr. Chairman, the the time. must preserve and protect this treas- answer to the gentleman’s question Mr. Chairman, I thank the gentleman ure. will be found in each of the remedial from Pennsylvania (Mr. SHUSTER) for Mr. Chairman, I support the Chesa- action plans developed by the commu- his leadership in bringing this bill be- peake Bay Restoration Act and urge its nities and the States and EPA in con- fore us on the floor, and thank the gen- swift, unanimous passage. junction with each other. And those tleman from Minnesota (Mr. OBER- Mr. OBERSTAR. Mr. Chairman, I plans, depending on the nature of the STAR), the ranking member; obviously, yield 4 minutes to the gentleman from problem to be addressed, may require the gentleman from Virginia (Mr. Wisconsin, (Mr. KIND). sediment removal. Some of them, in BATEMAN) for initiating this; and the (Mr. KIND asked and was given per- fact, will require sediment removal, gentleman from Maryland (Mr. mission to revise and extend his re- but we are not in a position to say GILCHREST), my colleague from Mary- marks.) which ones or how much. land, for his wonderful explication of Mr. KIND. Mr. Chairman, I thank my That information, by the way, would some parts of it. friend from Minnesota for yielding me be available from each of the States The Chesapeake Bay, our Nation’s time. Mr. Chairman, I rise today in support and from the localities because it all largest estuary, is an incredibly com- of H.R. 3039, the Chesapeake Bay Res- has to be part of the public record, and plex ecosytem. The Bay is one of our toration Act. I want to commend my the companies in the gentleman’s dis- Nation’s most valuable natural re- colleagues for the leadership they pro- trict can certainly access that informa- sources. Its rich ecosytem with rivers, vided, the gentleman from Virginia tion through the appropriate State wetlands, trees, and the Bay itself sup- (Mr. BATEMAN); the gentleman from agency. ports and provides a national habitat Maryland (Mr. GILCHREST); the gen- I am quite certain that the remedial for over 3,600 species of plants, fish, and tleman from Maryland (Mr. CARDIN); action plans for each community or animals. and the gentleman from Maryland (Mr. council of governments or State will We know that over 15 million people HOYER); as well as the leadership on undoubtedly require some sediment re- now live in the Bay watershed, it in- the committee, the gentleman from cludes parts of six States and the en- moval in order to remove the toxics Pennsylvania (Chairman Shuster); and tire District of Columbia. These per- from the ecosystem. the ranking member, the gentleman Mr. GILCHREST. Mr. Chairman, will sons are, at all times, just a few steps from Minnesota (Mr. OBERSTAR) and the gentleman yield? from one of the more than 100,000 the gentleman from New York (Mr. Mr. TRAFICANT. I yield to the gen- stream and river tributaries ultimately BOEHLERT) and the gentleman from tleman from Maryland. draining into the Bay. Every person, Pennsylvania (Mr. BORSKI). Mr. GILCHREST. Mr. Chairman, plant, and animal depend on each other Mr. Chairman, this bill seeks to reau- there is annual dredging that takes to help the Chesapeake Bay system thorize Federal participation in the place in the Chesapeake Bay, millions thrive and function properly. These Chesapeake Bay Program. It will pro- of cubic yards behind the three hydro- complex relationships are countless. vide the Environmental Protection electric power dams in the Susque- The Chesapeake Bay Program is a Agency with $30 million over 6 years to hanna River that have right now over unique regional partnership of State fund program activities that will pre- 200 million cubic yards of sediment and Federal Government agencies, and vent harmful nutrients and toxins from that eventually within the next 15 it has been encouraging and directing flowing into the Chesapeake, where years has to be removed, otherwise the the restoration of the Bay since 1983. they will degrade water quality and U.S. geological survey said it would I am pleased that important progress damage valuable fish and wildlife re- smother the entire Chesapeake Bay has been made in renewing the Bay sources. It also mandates other Federal floor if something is not done. since the Chesapeake Bay Agreement agencies to assist in the development There are problems with the dredge was signed in 1983. Restoration efforts, of watershed planning and restoration material on an annual basis. There are led by the Chesapeake Bay Program, activities. problems with the dredge material be- have had a profound effect on the I strongly support the Chesapeake hind the Susquehanna River damages. health of the Bay. In addition, sci- Bay Restoration Act and the Chesa- So if something could be worked out in entific research has led to a better un- peake Bay Program, because they em- the next few years to figure out where derstanding of the Bay, including how body an approach to water quality and to put this stuff and if Ohio wants it, it works and what must be done to ad- watershed management that I believe we would be more than glad to trade it dress problems. is truly the wave of the future. This ap- out. However, we still have a long way to proach is, first of all, proactive, rather Mr. TRAFICANT. Mr. Chairman, re- go before we reach our goals for a re- than reactive, seeking to stop harmful claiming my time, I know there has stored Chesapeake Bay. Many ques- nutrients and toxins from making it been some talk about possibilities of tions about the future of the Bay re- into the Bay in the first place, rather sediment, and when they start their re- main unanswered. For example, blue than relying on expensive clean-up and mediation program, it will involve crabs, perhaps the best known and mitigation efforts afterwards. cleaning up those toxic polluted areas. most important resource of the Bay, Secondly, this approach is basin- The point I am making is exactly that, have been below the long-term average wide, rather than piecemeal, seeking to that there are some areas that do not level for several years. The oyster har- look at the entire ecosystem and to de- have the capability of cleaning those vest has declined dramatically. Fur- velopment management plans appro- soils, and I do have in my impoverished ther efforts to reduce nutrient and priate to the large scale physical sys- district companies that do, in fact, sediment pollution are needed. I am tem that it is. take soil and clean that soil and make pleased that this legislation today will Finally, this approach relies on inter- it acceptable under EPA law. help us address these concerns and agency and intergovernmental co- Mr. Chairman, we would certainly allow us to move toward the goal of a operation, attempting to coordinate want to have our companies on notice restored Chesapeake Bay. the diverse, but sometimes fragmented, so if there is any RFP that have an op- You know, Mr. Chairman, in only 10 conservation efforts of Federal, State portunity to bid. That is why I made days we recognize and celebrate the and local agencies, as well as non-gov- the mention, and I want to commend 30th anniversary of Earth Day. Every ernmental agencies. the gentleman from Maryland (Mr. year on this day, the people of our Na- I want to compliment the Members GILCHREST) because I know he is prob- tion and across the globe focus their from the Chesapeake Bay Basin States ably the biggest fighter in the House attention on the environment. Both who have fashioned the bill and sup- for conservation purposes. Earth Day and the legislation before us ported the Chesapeake Bay Program Mr. SHUSTER. Mr. Chairman, I yield today offer us the opportunity to ap- since its inception some 15 years ago. 3 minutes to the distinguished gentle- plaud our progress, but, more impor- I also want to take this opportunity, woman from Maryland (Mrs. MORELLA). tantly, they allow us to renew our Mr. Chairman, to urge my colleagues H2160 CONGRESSIONAL RECORD — HOUSE April 12, 2000 to take a close look at a bill that I re- partment of Agriculture in this effort. trict is to provide technical assistance cently introduce, H.R. 4013, the Upper A great deal of the focus and efforts in- to whoever might need it. Whether it is Mississippi River Basin Conservation volved in getting to a cleaner and technical assistance or other types of Act. Like H.R. 3039, my bill is com- healthier Chesapeake Bay are on its assistance, the USDA agencies and prehensive legislation to reduce nutri- upstream tributaries, and a great deal their partners have and will find ways ent and soil sediment losses in a large of farmland is included in these water- to provide that assistance to whoever river basin. The Upper Mississippi sheds. I am particularly concerned that might be asking, whether they be a pri- River Basin, which encompasses much it appears neither the Committee on vate individual, a nonprofit group, or a of Wisconsin, Minnesota, Iowa, Illinois, Agriculture nor the USDA were con- local government. and Missouri, is a tremendously valu- sulted in regard to this reauthoriza- I am also concerned about this legis- able natural resource. tion. lation and similar bills that are tar- Forty percent of North America’s wa- We have heard how this bill simply geted to specific geographic locations. terfowl use the wetlands and back- puts into statute what is already tak- I am certain they are all worthy pieces waters of the river as a migratory ing place. I believe as it is part of a re- of legislation, and I support the gen- flyway. In fact, it is North America’s authorization, a thorough discussion tleman and the others in the Chesa- largest migratory route, with much of should take place regarding the best peake Bay’s effort because they are the waterfowl such as Tundra Swans ways to accomplish the goals of the right on target. My concern is the du- ultimately going through the Mis- program and whether the current plication. sissippi corridor and ending up in the structure is accomplishing that. I appreciate the watershed approach. Chesapeake Bay area. That leads to my questions about That is the way to go. I am joining The Upper Mississippi River provides why current authorized programs are today with the gentleman from Ten- $1.2 billion annually in recreation in- not being utilized or modified, if nec- nessee (Mr. TANNER) in introducing the come and $6.6 billion to the area’s tour- essary, to accomplish the outlined Fishable Waters Act, which would pro- ism industry. Unfortunately, increas- goals, as opposed to putting forward a vide much needed guidance and funding ing soil erosion threatens this region new program or authority. This has led to any and all States to address water and these industries. For instance, soil to a number of programs out there, and quality problems that have led to fish- erosion reduces the long-term sustain- in the case of conservation and envi- eries habitat problems. ability and income of the family farms, ronmental protection, a number of au- My concern, though, is funding. with farmers losing more than $300 mil- thorities that are not interconnected When we continue to divide, issue after lion annually in applied nitrogen. Addi- and do not have adequate resources to issue, when we continue to say USDA, tionally, sediment fills the main ship- meet the demands for assistance. that is doing a wonderful job, but not ping channel of the Upper Mississippi Mr. GILCHREST. Mr. Chairman, will doing good enough, so therefore, we are River, costing roughly $100 million the gentleman yield? going to take EPA and we are going to each year for dredging costs alone. Mr. STENHOLM. I yield to the gen- grant them money to provide technical Relying on existing Federal, State, tleman from Maryland. assistance when we are already short- and local programs, H.R. 4013 estab- Mr. GILCHREST. Mr. Chairman, I changing, here. lishes a water quality monitoring net- understand the gentleman’s concern We talk about the environmental work and an integrated computer mod- with Agriculture not being consulted, quality incentive program. It is funded eling program. These monitoring and the perception that they were not con- at $200 million a year, but we only modeling efforts will provide the base- sulted about this piece of legislation. spend $174 million. Appropriations cut line information needed to make sci- But I can tell the gentleman that with us short. We look at the Wildlife Habi- entifically sound and cost-effective regard to the Chesapeake Bay Pro- tat Incentives Program. The small wa- conservation decisions. gram, the biggest industry in my busi- tershed program is the one, though. We The bill calls for an expansion of four ness is agriculture, and USDA and the have 1,630 projects right now approved, U.S. Department of Agriculture land Departments of Agriculture in Mary- needing $1.5 billion in funding. We are conservation programs. In addition, land, Delaware, Virginia and Pennsyl- funded at $91. I believe this bill further the bill includes language to protect vania have all worked through a vari- divides already scarce resources, and personal data collected in connection ety of existing programs to ensure the that is my concern. with monitoring, modeling and tech- quality of water in the Chesapeake Bay Mr. Chairman, CRPÐAuthorized at 36.4 mil- nical and financial assessment activi- and its tributaries via many agricul- lion acresÐcurrently 31 million acres en- ties. tural programs that exist, for example, rolledÐup to 3.5 million acres in bids received In trying to achieve these goals, this the Buffer Program, the Waterway Pro- in 20th sign-up; WRPÐAuthorized at 975,000 bill relies entirely on voluntary par- gram, the program that provides habi- acresÐestimated to have 935,000 acres en- ticipation and already existing con- tat for wildlife, the CRP Program. servation programs. The bill will not rolled by end of 2000; Wildlife Habitat Incen- b 1530 create any new Federal regulations. tives ProgamÐFunded at $50 million in 1996 The Chesapeake Bay Restoration Act So there is a whole range of programs Farm Bill and funding already exhausted; PL± and my bill, the Upper Mississippi that the Chesapeake Bay program, 566 (Small Watershed Program)Ð1630 River Basin Conservation Act, are which is EPA, consults with these projects approved needing $1.5 billion in fund- basin-wide, comprehensive efforts to other agencies to ensure water quality, ingÐfunded at $91 million in FY00; and EQIP reduce harmful runoff and improve the and also the biggest thing I would like (Environmental Quality Incentives Program)Ð overall health of these regionally and to say, I say to the gentleman from Funded at $200 million per year in 1996 Farm nationally significant ecosystems. I Texas (Mr. STENHOLM), is to ensure billÐappropriators have limited funding to urge my colleagues to support H.R. 3039 that agriculture remains not only a $174 million in each of last three fiscal today and to contact my staff and help- viable industry but a profitable indus- yearsÐdemand is three times greater than ing a sure passage of H.R. 3014. try. available funding. Mr. OBERSTAR. Mr. Chairman, I Mr. STENHOLM. I thank the gen- Mr. OBERSTAR. Mr. Chairman, I yield 4 minutes to the gentleman from tleman for those comments. yield 4 minutes to the gentleman from Texas (Mr. STENHOLM), the ranking Just as I was about to say, I have no Oregon (Mr. BLUMENAUER), a diligent member of the Committee on Agri- doubt that the USDA agencies and member of the Committee. culture. their partners, the conservation dis- Mr. BLUMENAUER. Mr. Chairman, I Mr. STENHOLM. Mr. Chairman, I tricts and resource conservation and thank the gentleman for yielding time thank the gentleman for yielding me development councils, are already tak- to me. time. ing an active role in many of the ac- Mr. Chairman, since being elected to Mr. Chairman, I rise today to express tions springing out of the Chesapeake Congress, I have been focusing atten- some concerns about H.R. 3039. I do so Bay Agreement. tion on the issue of creating livable reluctantly, but for several reasons. I concur. In fact, one of the major communities where families are safe, My first concern is the role of the De- roles of USDA in the conservation dis- healthy, and economically secure. The April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2161 quality and quantity of our water sup- (Mr. OBERSTAR), the gentleman from (1) to expand and strengthen cooperative ply is going to be the primary shaper of Pennsylvania (Mr. BORSKI), the gen- efforts to restore and protect the Chesapeake our communities in the next century. tleman from New York (Mr. BOEH- Bay; and This is one of the reasons why I am (2) to achieve the goals established in the LERT), with concerned members of the Chesapeake Bay Agreement. here today, pleased to join in rising in committee, with others in Congress, we SEC. 3. CHESAPEAKE BAY. support for the fine work that the com- can make sure that these lessons that The Federal Water Pollution Control Act mittee has done, and thanking the have been learned, the dollars we are is amended by striking section 117 (33 U.S.C. ranking member, the gentleman from able to stretch, the engagement that 1267) and inserting the following: Minnesota (Mr. OBERSTAR), the gen- we can have with our citizens, become ‘‘SEC. 117. CHESAPEAKE BAY. tleman from Pennsylvania (Mr. SHU- an important part of Federal policy. ‘‘(a) DEFINITIONS.—In this section, the fol- STER), the gentleman from Maryland If we are able to do that, Mr. Speak- lowing definitions apply: ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- (Mr. GILCHREST), and others in focusing er, we will have given an important ministrative cost’ means the cost of salaries attention and making sure that we are gift to American citizens for Earth and fringe benefits incurred in administering able to continue the great work that Day, not just one or two models of an a grant under this section. has been done in the Chesapeake Bay exemplary clean-up that hold a lot of ‘‘(2) CHESAPEAKE BAY AGREEMENT.—The area. potential for the future, but a template term ‘Chesapeake Bay Agreement’ means the It has been documented already on that will guide the authorizing com- formal, voluntary agreements executed to the floor of the Chamber today the vast mittee, a template that will guide the achieve the goal of restoring and protecting sweep of the Chesapeake Bay water- appropriating committee, a template the Chesapeake Bay ecosystem and the liv- shed, the 64,000 square miles covering ing resources of the Chesapeake Bay eco- that will guide across jurisdictions in system and signed by the Chesapeake Execu- parts of six States talking about the the Federal government to show how tive Council. problems that are faced here that are we can achieve a more livable commu- ‘‘(3) CHESAPEAKE BAY ECOSYSTEM.—The serious but not unique to the Chesa- nity, looking at the way we can man- term ‘Chesapeake Bay ecosystem’ means the peake Bay system, and how the Chesa- age our water resources. ecosystem of the Chesapeake Bay and its wa- peake Bay is a great example of water- Mr. Chairman, I look forward to tershed. shed-wide management; how we are ex- greater progress in the future. ‘‘(4) CHESAPEAKE BAY PROGRAM.—The term cited about the multijurisdictional in- Mr. OBERSTAR. Mr. Chairman, I ‘Chesapeake Bay Program’ means the pro- gram directed by the Chesapeake Executive volvement of many shareholders deal- have no further requests for time, and Council in accordance with the Chesapeake ing with the EPA, dealing with State I yield back the balance of my time. Bay Agreement. and local authorities, and other dis- Mr. SHUSTER. Mr. Chairman, I yield ‘‘(5) CHESAPEAKE EXECUTIVE COUNCIL.—The ciplines, and the legislative bodies of back the balance of my time. term ‘Chesapeake Executive Council’ means three States, bringing into involve- The CHAIRMAN pro tempore (Mr. the signatories to the Chesapeake Bay ment a vast coalition of people outside GUTKNECHT). All time for general de- Agreement. the government sweep, of agencies, bate has expired. ‘‘(6) SIGNATORY JURISDICTION.—The term Pursuant to the rule, the bill is con- ‘signatory jurisdiction’ means a jurisdiction nonprofits, and private citizens; the of a signatory to the Chesapeake Bay Agree- tributary teams in Maryland, divided sidered as read for amendment under ment. into ten major tributaries and teams the 5-minute rule. ‘‘(b) CONTINUATION OF CHESAPEAKE BAY made up of citizens, farmers, business The text of H.R. 3039 is as follows: PROGRAM.— interests, environmentalists, and oth- H.R. 3039 ‘‘(1) IN GENERAL.—In cooperation with the Chesapeake Executive Council (and as a ers, who determine the primary issues Be it enacted by the Senate and House of Rep- member of the Council), the Administrator in their watersheds, and how to go resentatives of the United States of America in shall continue the Chesapeake Bay Program. Congress assembled, about educating and involving citizens ‘‘(2) PROGRAM OFFICE.— SECTION 1. SHORT TITLE. based on the idea that the problems are ‘‘(A) IN GENERAL.—The Administrator shall different depending on where you are. This Act may be cited as the ‘‘Chesapeake maintain in the Environmental Protection The good news is that through all of Bay Restoration Act of 1999’’. Agency a Chesapeake Bay Program Office. this effort, the Bay is improving, albeit SEC. 2. FINDINGS AND PURPOSES. ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- slowly. The Chesapeake Bay Founda- (a) FINDINGS.—Congress finds that— gram Office shall provide support to the tion has put together a report card on (1) the Chesapeake Bay is a national treas- Chesapeake Executive Council by— ure and a resource of worldwide significance; the Bay. The score was up to 28 last ‘‘(i) implementing and coordinating (2) over many years, the productivity and science, research, modeling, support serv- year, up from the historic low of rough- water quality of the Chesapeake Bay and its ices, monitoring, data collection, and other ly 23 in 1983, on their way towards a watershed were diminished by pollution, ex- activities that support the Chesapeake Bay goal or a rating of 70. cessive sedimentation, shoreline erosion, the Program; I appreciate the elements that are in- impacts of population growth and develop- ‘‘(ii) developing and making available, cluded in H.R. 3039 to support the EPA ment in the Chesapeake Bay watershed, and through publications, technical assistance, Bay program and its activity in the other factors; and other appropriate means, information watershed, the pollution prevention, (3) the Federal Government (acting pertaining to the environmental quality and restoring activities, monitoring, grants through the Administrator of the Environ- living resources of the Chesapeake Bay eco- mental Protection Agency), the Governor of system; to States, and other stakeholders and the State of Maryland, the Governor of the ‘‘(iii) in cooperation with appropriate Fed- citizen involvement. Commonwealth of Virginia, the Governor of eral, State, and local authorities, assisting I am here, though, not just to com- the Commonwealth of Pennsylvania, the the signatories to the Chesapeake Bay mend my colleagues on the committee Chairperson of the Chesapeake Bay Commis- Agreement in developing and implementing and the others who are involved. I do sion, and the Mayor of the District of Colum- specific action plans to carry out the respon- hope that we are able as a committee bia, as Chesapeake Bay Agreement signato- sibilities of the signatories to the Chesa- and as a Congress to incorporate the ries, have committed to a comprehensive co- peake Bay Agreement; lessons that we have learned with the operative program to achieve improved ‘‘(iv) coordinating the actions of the Envi- water quality and improvements in the pro- ronmental Protection Agency with the ac- Chesapeake Bay clean-up, and perhaps ductivity of living resources of the Bay; tions of the appropriate officials of other even in this Congress have a com- (4) the cooperative program described in Federal agencies and State and local au- prehensive piece of legislation that we paragraph (3) serves as a national and inter- thorities in developing strategies to— could advance to our colleagues to national model for the management of estu- ‘‘(I) improve the water quality and living make sure that the important ap- aries; and resources in the Chesapeake Bay ecosystem; proach that has been taken with the (5) there is a need to expand Federal sup- and Chesapeake Bay clean-up is not an ex- port for monitoring, management, and res- ‘‘(II) obtain the support of the appropriate ception, but in fact it is the rule gov- toration activities in the Chesapeake Bay officials of the agencies and authorities in and the tributaries of the Bay in order to achieving the objectives of the Chesapeake erning how we will approach these im- meet and further the original and subsequent Bay Agreement; and portant areas across the country. goals and commitments of the Chesapeake ‘‘(v) implementing outreach programs for Under the leadership of the gen- Bay Program. public information, education, and participa- tleman from Pennsylvania (Mr. SHU- (b) PURPOSES.—The purposes of this Act tion to foster stewardship of the resources of STER), the gentleman from Minnesota are— the Chesapeake Bay. H2162 CONGRESSIONAL RECORD — HOUSE April 12, 2000

‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- sources provide the remainder of the costs of ‘‘(A) establish a small watershed grants ministrator may enter into an interagency implementing the management mechanisms program as part of the Chesapeake Bay Pro- agreement with a Federal agency to carry during the fiscal year. gram; and out this section. ‘‘(6) ADMINISTRATIVE COSTS.—Administra- ‘‘(B) offer technical assistance and assist- ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- tive costs shall not exceed 10 percent of the ance grants under subsection (d) to local ANCE GRANTS.— annual grant award. governments and nonprofit organizations ‘‘(1) IN GENERAL.—In cooperation with the ‘‘(7) REPORTING.—On or before October 1 of and individuals in the Chesapeake Bay re- Chesapeake Executive Council, the Adminis- each fiscal year, the Administrator shall gion to implement— trator may provide technical assistance, and make available to the public a document ‘‘(i) cooperative tributary basin strategies assistance grants, to nonprofit organiza- that lists and describes, in the greatest prac- that address the water quality and living re- tions, State and local governments, colleges, ticable degree of detail— source needs in the Chesapeake Bay eco- universities, and interstate agencies to ‘‘(A) all projects and activities funded for system; and achieve the goals and requirements con- the fiscal year; ‘‘(ii) locally based protection and restora- tained in subsection (g)(1), subject to such ‘‘(B) the goals and objectives of projects tion programs or projects within a watershed terms and conditions as the Administrator funded for the previous fiscal year; and that complement the tributary basin strate- considers appropriate. ‘‘(C) the net benefits of projects funded for gies, including the creation, restoration, pro- ‘‘(2) FEDERAL SHARE.— previous fiscal years. tection, or enhancement of habitat associ- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(f) FEDERAL FACILITIES AND BUDGET CO- ated with the Chesapeake Bay ecosystem. subparagraph (B), the Federal share of an as- ORDINATION.— ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- sistance grant provided under paragraph (1) ‘‘(1) SUBWATERSHED PLANNING AND RES- GRAM.— shall be determined by the Administrator in TORATION.—A Federal agency that owns or ‘‘(1) IN GENERAL.—Not later than April 22, accordance with guidance issued by the Ad- operates a facility (as defined by the Admin- 2000, and every 5 years thereafter, the Ad- ministrator. istrator) within the Chesapeake Bay water- ministrator, in coordination with the Chesa- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— shed shall participate in regional and sub- peake Executive Council, shall complete a The Federal share of an assistance grant pro- watershed planning and restoration pro- study and submit to Congress a comprehen- vided under paragraph (1) to carry out an im- grams. sive report on the results of the study. plementing activity under subsection (g)(2) ‘‘(2) COMPLIANCE WITH AGREEMENT.—The ‘‘(2) REQUIREMENTS.—The study and report shall not exceed 75 percent of eligible project head of each Federal agency that owns or oc- shall— costs, as determined by the Administrator. cupies real property in the Chesapeake Bay ‘‘(A) assess the state of the Chesapeake ‘‘(3) NON-FEDERAL SHARE.—An assistance watershed shall ensure that the property, Bay ecosystem; grant under paragraph (1) shall be provided and actions taken by the agency with re- ‘‘(B) compare the current state of the on the condition that non-Federal sources spect to the property, comply with the Chesapeake Bay ecosystem with its state in provide the remainder of eligible project Chesapeake Bay Agreement, the Federal 1975, 1985, and 1995; costs, as determined by the Administrator. Agencies Chesapeake Ecosystem Unified ‘‘(C) assess the effectiveness of manage- ‘‘(4) ADMINISTRATIVE COSTS.—Administra- Plan, and any subsequent agreements and ment strategies being implemented on the tive costs shall not exceed 10 percent of the plans. date of enactment of this section and the ex- annual grant award. ‘‘(3) BUDGET COORDINATION.— tent to which the priority needs are being ‘‘(e) IMPLEMENTATION AND MONITORING ‘‘(A) IN GENERAL.—As part of the annual met; GRANTS.— budget submission of each Federal agency ‘‘(D) make recommendations for the im- ‘‘(1) IN GENERAL.—If a signatory jurisdic- with projects or grants related to restora- proved management of the Chesapeake Bay tion has approved and committed to imple- tion, planning, monitoring, or scientific in- Program either by strengthening strategies ment all or substantially all aspects of the vestigation of the Chesapeake Bay eco- being implemented on the date of enactment Chesapeake Bay Agreement, on the request system, the head of the agency shall submit of this section or by adopting new strategies; of the chief executive of the jurisdiction, the to the President a report that describes and Administrator— plans for the expenditure of the funds under ‘‘(E) be presented in such a format as to be ‘‘(A) shall make a grant to the jurisdiction this section. readily transferable to and usable by other for the purpose of implementing the manage- ‘‘(B) DISCLOSURE TO THE COUNCIL.—The watershed restoration programs. ment mechanisms established under the head of each agency referred to in subpara- ‘‘(i) SPECIAL STUDY OF LIVING RESOURCE Chesapeake Bay Agreement, subject to such graph (A) shall disclose the report under that RESPONSE.— terms and conditions as the Administrator subparagraph with the Chesapeake Executive ‘‘(1) IN GENERAL.—Not later than 180 days considers appropriate; and Council as appropriate. after the date of enactment of this section, ‘‘(B) may make a grant to a signatory ju- ‘‘(g) CHESAPEAKE BAY PROGRAM.— the Administrator shall commence a 5-year risdiction for the purpose of monitoring the ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- special study with full participation of the Chesapeake Bay ecosystem. ministrator, in coordination with other scientific community of the Chesapeake Bay ‘‘(2) PROPOSALS.— members of the Chesapeake Executive Coun- to establish and expand understanding of the ‘‘(A) IN GENERAL.—A signatory jurisdiction cil, shall ensure that management plans are response of the living resources of the Chesa- described in paragraph (1) may apply for a developed and implementation is begun by peake Bay ecosystem to improvements in grant under this subsection for a fiscal year signatories to the Chesapeake Bay Agree- water quality that have resulted from in- by submitting to the Administrator a com- ment to achieve— vestments made through the Chesapeake prehensive proposal to implement manage- ‘‘(A) the nutrient goals of the Chesapeake Bay Program. ment mechanisms established under the Bay Agreement for the quantity of nitrogen ‘‘(2) REQUIREMENTS.—The study shall— Chesapeake Bay Agreement. and phosphorus entering the Chesapeake Bay ‘‘(A) determine the current status and ‘‘(B) CONTENTS.—A proposal under subpara- and its watershed; trends of living resources, including grasses, graph (A) shall include— ‘‘(B) the water quality requirements nec- benthos, phytoplankton, zooplankton, fish, ‘‘(i) a description of proposed management essary to restore living resources in the and shellfish; mechanisms that the jurisdiction commits Chesapeake Bay ecosystem; ‘‘(B) establish to the extent practicable the to take within a specified time period, such ‘‘(C) the Chesapeake Bay Basinwide Toxins rates of recovery of the living resources in as reducing or preventing pollution in the Reduction and Prevention Strategy goal of response to improved water quality condi- Chesapeake Bay and its watershed or meet- reducing or eliminating the input of chem- tion; ing applicable water quality standards or es- ical contaminants from all controllable ‘‘(C) evaluate and assess interactions of tablished goals and objectives under the sources to levels that result in no toxic or species, with particular attention to the im- Chesapeake Bay Agreement; and bioaccumulative impact on the living re- pact of changes within and among trophic ‘‘(ii) the estimated cost of the actions pro- sources of the Chesapeake Bay ecosystem or levels; and posed to be taken during the fiscal year. on human health; ‘‘(D) recommend management actions to ‘‘(3) APPROVAL.—If the Administrator finds ‘‘(D) habitat restoration, protection, cre- optimize the return of a healthy and bal- that the proposal is consistent with the ation, and enhancement goals established by anced ecosystem in response to improve- Chesapeake Bay Agreement and the national Chesapeake Bay Agreement signatories for ments in the quality and character of the goals established under section 101(a), the wetlands, riparian forests, and other types of waters of the Chesapeake Bay. Administrator may approve the proposal for habitat associated with the Chesapeake Bay ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— an award. ecosystem; and There is authorized to be appropriated to ‘‘(4) FEDERAL SHARE.—The Federal share of ‘‘(E) the restoration, protection, creation, carry out this section $30,000,000 for each of an implementation grant under this sub- and enhancement goals established by the fiscal years 2000 through 2005.’’. section shall not exceed 50 percent of the Chesapeake Bay Agreement signatories for cost of implementing the management mech- living resources associated with the Chesa- The CHAIRMAN pro tempore. During anisms during the fiscal year. peake Bay ecosystem. consideration of the bill for amend- ‘‘(5) NON-FEDERAL SHARE.—An implementa- ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— ment, the Chair may accord priority in tion grant under this subsection shall be The Administrator, in cooperation with the recognition to a Member offering an made on the condition that non-Federal Chesapeake Executive Council, shall— amendment that he has printed in the April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2163 designated place in the CONGRESSIONAL The amendment was agreed to. The Clerk read the title of the bill. RECORD. Those amendments will be The CHAIRMAN pro tempore. Are The SPEAKER pro tempore. The considered as read. there further amendments to the bill. question is on the passage of the bill on The Chairman of the Committee of If there are no further amendments, which the yeas and nays are ordered. the Whole may postpone a request for a under the rule, the Committee rises. The vote was taken by electronic de- recorded vote on any amendment, and Accordingly, the Committee rose; vice, and there were—yeas 420, nays 5, may reduce to a minimum of 5 minutes and the Speaker pro tempore (Mr. not voting 9, as follows: the time for voting on any postponed CRANE) having assumed the chair, Mr. [Roll No. 120] question that immediately follows an- GUTKNECHT, Chairman pro tempore of YEAS—420 other vote, provided that the time for the Committee of the Whole House on Ackerman Davis (IL) Horn the voting on the first question shall the State of the Union, reported that Aderholt Davis (VA) Hoyer be a minimum of 15 minutes. that Committee, having had under con- Allen Deal Hulshof Are there any amendments to the sideration the bill (H.R. 3039) to amend Andrews DeFazio Hunter Archer Delahunt Hutchinson bill? the Federal Water Pollution Control Armey DeLauro Hyde AMENDMENT OFFERED BY MR. TRAFICANT Act to assist in the restoration of the Baca DeLay Inslee Mr. TRAFICANT. Mr. Chairman, I Chesapeake Bay, and for other pur- Bachus DeMint Isakson Baird Deutsch Istook offer an amendment. poses, pursuant to House Resolution Baker Diaz-Balart Jackson (IL) The Clerk read as follows: 470, he reported the bill back to the Baldacci Dickey Jackson-Lee Amendment offered by Mr. TRAFI- House with an amendment adopted by Baldwin Dicks (TX) CANT: the Committee of the Whole. Ballenger Dingell Jefferson Barcia Dixon Jenkins At the end of the bill, add the following Under the rule, the previous question new section: Barr Doggett John is ordered. Barrett (NE) Dooley Johnson (CT) SEC. . SENSE OF CONGRESS; REQUIREMENT RE- The question is on the amendment. Barrett (WI) Doolittle Johnson, E. B. GARDING NOTICE Bartlett Doyle Johnson, Sam (a) PURCHASE OF AMERICAN-MADE EQUIP- The amendment was agreed to. Barton Dreier Jones (NC) MENT AND PRODUCTS.—In the case of any The SPEAKER pro tempore. The Bass Duncan Jones (OH) equipment or products that may be author- question is on the engrossment and Bateman Dunn Kanjorski ized to be purchased with financial assist- third reading of the bill. Becerra Edwards Kaptur ance provided under section 117 of the Fed- Bentsen Ehlers Kasich The bill was ordered to be engrossed Bereuter Ehrlich Kelly eral Water Pollution Control Act. It is the and read a third time, and was read the Berkley Emerson Kennedy sense of the Congress that entities receiving third time. Berman Engel Kildee such assistance should, in expending the as- The SPEAKER pro tempore. The Berry English Kilpatrick sistance, purchase only American-made Biggert Eshoo Kind (WI) equipment and products. question is on the passage of the bill. Bilbray Etheridge King (NY) (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— The question was taken; and the Bilirakis Evans Kingston In providing financial assistance under such Speaker pro tempore announced that Bishop Everett Kleczka Blagojevich Ewing Klink section, the head of each Federal agency the ayes appeared to have it. Bliley Farr Knollenberg shall provide to each recipient of the assist- Mr. SHUSTER. Mr. Speaker, on that Blumenauer Fattah Kolbe ance a notice describing the statement made I demand the yeas and nays. Blunt Filner Kucinich in subsection (a) by the Congress. The yeas and nays were ordered. Boehlert Fletcher Kuykendall (c) NOTICE OF REPORT.—Any entity which Boehner Foley LaFalce receives funds under such section shall re- The SPEAKER pro tempore. Pursu- Bonilla Forbes LaHood port any expenditures on foreign-made items ant to clause 8 of rule XX, further pro- Bonior Ford Lampson to the Congress within 180 days of the ex- ceedings on this question will be post- Bono Fossella Lantos Borski Fowler Largent penditure. poned. Boswell Frank (MA) Larson Mr. TRAFICANT (during the read- f Boucher Franks (NJ) Latham ing). Mr. Chairman, I ask unanimous Boyd Frelinghuysen LaTourette GENERAL LEAVE Brady (PA) Frost Lazio consent that the amendment be consid- Brady (TX) Gallegly Leach ered as read and printed in the RECORD. Mr. SHUSTER. Mr. Speaker, I ask Brown (FL) Ganske Lee The CHAIRMAN pro tempore. Is unanimous consent that all Members Brown (OH) Gejdenson Levin there objection to the request of the Bryant Gekas Lewis (CA) may have 5 legislative days within Burr Gibbons Lewis (GA) gentleman from Pennsylvania? which to revise and extend their re- Burton Gilchrest Lewis (KY) There was no objection. marks on H.R. 2328 and H.R. 3039. Buyer Gillmor Linder Mr. TRAFICANT. Mr. Chairman, this The SPEAKER pro tempore. Is there Callahan Gilman Lipinski amendment is the same as the amend- Calvert Gonzalez LoBiondo objection to the request of the gen- Camp Goode Lofgren ment offered on the last bill. tleman from Pennsylvania? Campbell Goodlatte Lowey Mr. SHUSTER. Mr. Chairman, will There was no objection. Canady Goodling Lucas (KY) the gentleman yield? Cannon Gordon Lucas (OK) Mr. TRAFICANT. I yield to the gen- f Capps Goss Luther Capuano Graham Maloney (CT) tleman from Pennsylvania. ANNOUNCEMENT BY THE SPEAKER Cardin Granger Maloney (NY) Mr. SHUSTER. Mr. Chairman, I un- PRO TEMPORE Carson Green (TX) Manzullo derstand this is the new and improved Castle Green (WI) Markey The SPEAKER pro tempore. Pursu- Chabot Greenwood Martinez version of the amendment which we Chambliss Gutierrez Mascara have previously accepted. We are ant to clause 8 of rule XX, the Chair will now put each question on which Chenoweth-Hage Gutknecht Matsui pleased to accept this, as well. Clay Hall (OH) McCarthy (MO) Mr. OBERSTAR. Mr. Chairman, will further proceedings were postponed in Clayton Hall (TX) McCarthy (NY) the gentleman yield? the following order: Passage of H.R. Clement Hansen McCollum 2328, by the yeas and nays; passage of Clyburn Hastings (FL) McCrery Mr. TRAFICANT. I yield to the gen- Coble Hastings (WA) McDermott tleman from Minnesota. H.R. 3039, by the yeas and nays; and a Coburn Hayes McGovern Mr. OBERSTAR. Mr. Chairman, we motion to suspend the rules and pass Collins Hayworth McHugh the bill, H.R. 2884. Combest Hefley McInnis have reviewed the gentleman’s amend- Condit Herger McIntyre ment. It is in conformity with the rules The Chair will reduce to 5 minutes Conyers Hill (IN) McKeon of the House, and it is a sense of Con- the time for any electronic vote after Cooksey Hill (MT) McKinney the first such vote in this series. Costello Hilleary McNulty gress buy American amendment. We Cox Hilliard Meehan are happy to support Mr. Buy America. f Coyne Hinchey Meek (FL) Mr. TRAFICANT. Mr. Chairman, I Cramer Hinojosa Meeks (NY) urge an aye vote on the amendment. THE CLEAN LAKES PROGRAM Crane Hobson Menendez Crowley Hoeffel Metcalf The CHAIRMAN pro tempore. The The SPEAKER pro tempore. The Cubin Hoekstra Mica question is on the amendment offered pending business is the question of the Cunningham Holden Millender- by the gentleman from Ohio (Mr. passage of the bill, H.R. 2328, on which Danner Holt McDonald TRAFICANT). further proceedings were postponed. Davis (FL) Hooley Miller (FL) H2164 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Miller, Gary Rivers Sununu further proceedings were postponed McNulty Radanovich Stenholm Miller, George Rodriguez Sweeney Meehan Rahall Strickland Minge Roemer Talent earlier today. Meek (FL) Ramstad Stump Mink Rogan Tancredo The Clerk read the title of the bill. Meeks (NY) Rangel Stupak Moakley Rogers Tanner The SPEAKER pro tempore. The Menendez Regula Sununu Moore Rohrabacher Tauscher Metcalf Reyes Sweeney Moran (KS) Ros-Lehtinen Tauzin question is on the passage of the bill on Mica Reynolds Talent Moran (VA) Rothman Taylor (MS) which the yeas and nays are ordered. Millender- Riley Tancredo Morella Roukema Taylor (NC) This will be a 5-minute vote. McDonald Rivers Tanner Murtha Roybal-Allard Terry Miller (FL) Rodriguez Tauscher Myrick Rush Thomas The vote was taken by electronic de- Miller, Gary Roemer Tauzin Nadler Ryan (WI) Thompson (CA) vice, and there were—yeas 418, nays 7, Miller, George Rogan Taylor (MS) Napolitano Ryun (KS) Thompson (MS) not voting 9, as follows: Minge Rogers Taylor (NC) Neal Sabo Thornberry Mink Rohrabacher Terry Nethercutt Salmon Thune [Roll No. 121] Moakley Ros-Lehtinen Thomas Ney Sanchez Thurman YEAS—418 Moore Rothman Thompson (CA) Northup Sanders Tiahrt Moran (KS) Roukema Thompson (MS) Norwood Sandlin Tierney Ackerman Cunningham Hobson Moran (VA) Roybal-Allard Thornberry Nussle Sawyer Toomey Aderholt Danner Hoeffel Morella Royce Thune Oberstar Saxton Towns Allen Davis (FL) Hoekstra Murtha Rush Thurman Olver Scarborough Traficant Andrews Davis (IL) Holden Myrick Ryan (WI) Tiahrt Ortiz Schaffer Turner Archer Davis (VA) Holt Nadler Ryun (KS) Tierney Ose Schakowsky Udall (CO) Armey Deal Hooley Napolitano Sabo Toomey Owens Scott Udall (NM) Baca DeFazio Horn Neal Salmon Towns Oxley Serrano Upton Bachus Delahunt Hoyer Nethercutt Sanchez Traficant Packard Sessions Velazquez Baird DeLauro Hulshof Ney Sanders Turner Pallone Shadegg Vento Baker DeLay Hunter Northup Sandlin Udall (CO) Pascrell Shaw Visclosky Baldacci DeMint Hutchinson Norwood Sawyer Udall (NM) Pastor Shays Vitter Baldwin Deutsch Hyde Nussle Saxton Upton Payne Sherman Walden Ballenger Diaz-Balart Inslee Oberstar Scarborough Velazquez Pease Sherwood Walsh Barcia Dickey Isakson Obey Schakowsky Vento Pelosi Shimkus Wamp Barr Dicks Istook Olver Scott Visclosky Peterson (MN) Shows Waters Barrett (NE) Dingell Jackson (IL) Ortiz Serrano Vitter Peterson (PA) Shuster Watkins Barrett (WI) Dixon Jackson-Lee Ose Sessions Walden Petri Simpson Watt (NC) Bartlett Doggett (TX) Owens Shadegg Walsh Phelps Sisisky Watts (OK) Barton Dooley Jefferson Oxley Shaw Wamp Pickering Skeen Waxman Bass Doolittle Jenkins Packard Shays Waters Pickett Skelton Weiner Bateman Doyle John Pallone Sherman Watkins Pitts Slaughter Weldon (FL) Becerra Dreier Johnson (CT) Pascrell Sherwood Watt (NC) Pombo Smith (MI) Weldon (PA) Bentsen Dunn Johnson, E. B. Pastor Shimkus Watts (OK) Pomeroy Smith (NJ) Weller Bereuter Edwards Johnson, Sam Payne Shows Waxman Porter Smith (TX) Wexler Berkley Ehlers Jones (NC) Pease Shuster Weiner Portman Smith (WA) Weygand Berman Ehrlich Jones (OH) Pelosi Simpson Weldon (FL) Price (NC) Snyder Whitfield Berry Emerson Kanjorski Peterson (MN) Sisisky Weldon (PA) Pryce (OH) Souder Wicker Biggert Engel Kaptur Peterson (PA) Skeen Weller Quinn Spence Wilson Bilbray English Kasich Petri Skelton Wexler Radanovich Spratt Wise Bilirakis Eshoo Kelly Phelps Slaughter Weygand Rahall Stabenow Wolf Bishop Etheridge Kennedy Pickering Smith (NJ) Whitfield Ramstad Stark Woolsey Blagojevich Evans Kildee Pickett Smith (TX) Wicker Rangel Stearns Wu Bliley Everett Kilpatrick Pitts Smith (WA) Wilson Regula Stenholm Wynn Blumenauer Ewing Kind (WI) Pombo Snyder Wise Reyes Strickland Young (AK) Blunt Farr King (NY) Pomeroy Souder Wolf Reynolds Stump Young (FL) Boehlert Fattah Kingston Porter Spence Woolsey Riley Stupak Boehner Filner Kleczka Portman Spratt Wu Bonilla Fletcher Klink Price (NC) Stabenow Wynn NAYS—5 Bonior Foley Knollenberg Pryce (OH) Stark Young (AK) Hostettler Royce Sensenbrenner Bono Forbes Kolbe Quinn Stearns Young (FL) Paul Sanford Borski Ford Kucinich Boswell Fossella Kuykendall NAYS—7 NOT VOTING—9 Boucher Fowler LaFalce Chenoweth-Hage Paul Sensenbrenner Boyd Frank (MA) LaHood Abercrombie DeGette McIntosh Duncan Sanford Brady (PA) Franks (NJ) Lampson Cook Gephardt Mollohan Hostettler Schaffer Brady (TX) Frelinghuysen Lantos Cummings Houghton Obey Brown (FL) Frost Largent NOT VOTING—9 Brown (OH) Gallegly Larson b Abercrombie DeGette McIntosh 1607 Bryant Ganske Latham Cook Gephardt Mollohan Burr Gejdenson LaTourette Mr. FRANK of Massachusetts Cummings Houghton Smith (MI) changed his vote from ‘‘nay’’ to ‘‘yea’’. Burton Gekas Lazio Buyer Gibbons Leach b So the bill was passed. Callahan Gilchrest Lee 1617 The result of the vote was announced Calvert Gillmor Levin So the bill was passed. as above recorded. Camp Gilman Lewis (CA) Campbell Gonzalez Lewis (GA) The result of the vote was announced A motion to reconsider was laid on Canady Goode Lewis (KY) as above recorded. the table. Cannon Goodlatte Linder A motion to reconsider was laid on Capps Goodling Lipinski the table. f Capuano Gordon LoBiondo Cardin Goss Lofgren f ANNOUNCEMENT BY THE SPEAKER Carson Graham Lowey PRO TEMPORE Castle Granger Lucas (KY) ENERGY POLICY AND CONSERVA- Chabot Green (TX) Lucas (OK) The SPEAKER pro tempore (Mr. Chambliss Green (WI) Luther TION ACT REAUTHORIZATION GUTKNECHT). Pursuant to the provi- Clay Greenwood Maloney (CT) The SPEAKER pro tempore (Mr. sions of clause 8 of rule XX, the Chair Clayton Gutierrez Maloney (NY) Clement Gutknecht Manzullo GUTKNECHT). The unfinished business is will reduce to 5 minutes the minimum Clyburn Hall (OH) Markey the question of suspending the rules time for electronic voting on the re- Coble Hall (TX) Martinez and passing the bill, H.R. 2884, as maining two questions on which the Coburn Hansen Mascara amended. Chair has postponed further pro- Collins Hastings (FL) Matsui Combest Hastings (WA) McCarthy (MO) The Clerk read the title of the bill. ceedings. Condit Hayes McCarthy (NY) The SPEAKER pro tempore. The f Conyers Hayworth McCollum question is on the motion offered by Cooksey Hefley McCrery the gentleman from Texas (Mr. BAR- CHESAPEAKE BAY RESTORATION Costello Herger McDermott Cox Hill (IN) McGovern TON) that the House suspend the rules ACT OF 1999 Coyne Hill (MT) McHugh and pass the bill, H.R. 2884, as amend- The SPEAKER pro tempore. The Cramer Hilleary McInnis ed, on which the yeas and nays are or- Crane Hilliard McIntyre pending business is the question of the Crowley Hinchey McKeon dered. passage of the bill, H.R. 3039, on which Cubin Hinojosa McKinney This is a 5-minute vote. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2165 The vote was taken by electronic de- Nussle Ryun (KS) Tauzin PROVIDING FOR ADJOURNMENT vice, and there were—yeas 416, nays 8, Oberstar Sabo Taylor (MS) OF THE HOUSE ON THURSDAY, Obey Salmon Taylor (NC) not voting 10, as follows: Olver Sanchez Terry APRIL 13, 2000 OR FRIDAY APRIL Thomas [Roll No. 122] Ortiz Sanders 14, 2000 UNTIL TUESDAY, MAY 2, Ose Sandlin Thompson (CA) 2000; AND PROVIDING FOR RE- Thompson (MS) YEAS—416 Owens Sawyer CESS OR ADJOURNMENT OF THE Oxley Saxton Thornberry Ackerman DeLauro Jefferson Thune Packard Scarborough SENATE ON THURSDAY, APRIL Aderholt DeLay Jenkins Thurman Pallone Schaffer 13, 2000 OR FRIDAY, APRIL 14, 2000 Allen DeMint John Tiahrt Pascrell Schakowsky Andrews Deutsch Johnson (CT) Tierney UNTIL TUESDAY, APRIL 25, 2000 Pastor Scott Archer Diaz-Balart Johnson, E. B. Towns Mr. ARMEY. Mr. Speaker, I offer a Armey Dickey Johnson, Sam Payne Serrano Traficant privileged concurrent resolution (H. Baca Dicks Jones (NC) Pease Sessions Turner Bachus Dingell Jones (OH) Pelosi Shadegg Udall (CO) Con. Res 330) and ask for its immediate Baird Dixon Kanjorski Peterson (MN) Shaw Udall (NM) consideration. Baker Doggett Kaptur Peterson (PA) Shays Upton The Clerk read the concurrent reso- Baldacci Dooley Kasich Petri Sherman Velazquez Baldwin Doolittle Kelly Phelps Sherwood Vento lution, as follows: Ballenger Doyle Kennedy Pickering Shimkus Visclosky H. CON. RES. 303 Barcia Dreier Kildee Pickett Shows Vitter Barr Dunn Kilpatrick Resolved by the House of Representatives (the Pombo Shuster Walden Senate concurring), That when the House ad- Barrett (NE) Edwards Kind (WI) Pomeroy Simpson Walsh journs on the legislative day of Thursday, Barrett (WI) Ehlers King (NY) Porter Sisisky Wamp Bartlett Ehrlich Kingston Portman Skeen Waters April 13, 2000, or Friday, April 14, 2000, on a Barton Emerson Kleczka Price (NC) Skelton Watkins motion offered pursuant to this concurrent Bass Engel Klink Pryce (OH) Slaughter Watt (NC) resolution by its Majority Leader or his des- Bateman English Knollenberg Quinn Smith (MI) Watts (OK) ignee, it stand adjourned until 12:30 p.m. on Becerra Eshoo Kolbe Waxman Bentsen Etheridge Kucinich Radanovich Smith (NJ) Tuesday, May 2, 2000, for morning-hour de- Rahall Smith (TX) Weiner bate, or until noon on the second day after Bereuter Evans Kuykendall Weldon (FL) Berkley Everett LaFalce Ramstad Smith (WA) Members are notified to reassemble pursuant Rangel Snyder Weldon (PA) Berman Ewing LaHood Weller to section 2 of this concurrent resolution, Regula Souder Berry Farr Lampson Wexler whichever occurs first; and that when the Reyes Spence Biggert Fattah Lantos Weygand Senate recesses or adjourns at the close of Reynolds Spratt Bilbray Filner Largent Whitfield business on Thursday, April 13, 2000, or Fri- Bilirakis Fletcher Larson Riley Stabenow Wicker Bishop Foley Latham Rivers Stark day, April 14, 2000, on a motion offered pursu- Wilson ant to this concurrent resolution by its Ma- Blagojevich Forbes LaTourette Rodriguez Stearns Wise Bliley Ford Lazio Roemer Stenholm Wolf jority Leader or his designee, it stand re- Blumenauer Fossella Leach Rogan Strickland Woolsey cessed or adjourned until noon on Tuesday, Blunt Fowler Lee Rogers Stump Wu April 25, 2000, or such time on that day as Boehlert Frank (MA) Levin Rohrabacher Stupak Wynn may be specified by its Majority Leader or Boehner Franks (NJ) Lewis (CA) Ros-Lehtinen Sununu Young (AK) his designee in the motion to recess or ad- Bonilla Frelinghuysen Lewis (GA) Rothman Sweeney Young (FL) Bonior Frost Lewis (KY) journ, or until noon on the second day after Roukema Talent Members are notified to reassemble pursuant Bono Gallegly Linder Roybal-Allard Tancredo to section 2 of this concurrent resolution, Borski Ganske Lipinski Rush Tanner Boswell Gejdenson LoBiondo Ryan (WI) Tauscher whichever occurs first. Boucher Gekas Lofgren SEC. 2. The Speaker of the House and the Boyd Gibbons Lowey NAYS—8 Majority Leader of the Senate, acting jointly Brady (PA) Gilchrest Lucas (KY) after consultation with the Minority Leader Brady (TX) Gillmor Lucas (OK) Duncan Pitts Sensenbrenner of the House and the Majority Leader of the Brown (FL) Gilman Luther Hostettler Royce Toomey Brown (OH) Gonzalez Maloney (CT) Paul Sanford Senate, shall notify the Members of the Bryant Goode Maloney (NY) House and the Senate, respectively, to reas- Burr Goodlatte Manzullo NOT VOTING—10 semble whenever, in their opinion, the public Burton Goodling Markey interest shall warrant it. Buyer Gordon Martinez Abercrombie Gephardt Moakley Callahan Goss Mascara Cook Houghton Mollohan The concurrent resolution was agreed Calvert Graham Matsui Cummings Hyde to. Camp Granger McCarthy (MO) DeGette McIntosh A motion to reconsider was laid on Campbell Green (TX) McCarthy (NY) the table. Canady Green (WI) McCollum b Cannon Greenwood McCrery 1626 f Capps Gutierrez McDermott Capuano Gutknecht McGovern So (two-thirds having voted in favor REPORT ON RESOLUTION PRO- Cardin Hall (OH) McHugh thereof) the rules were suspended and VIDING FOR CONSIDERATION OF Carson Hall (TX) McInnis the bill, as amended, was passed. H.R. 3439, RADIO BROADCASTING Castle Hansen McIntyre PRESERVATION ACT OF 2000 Chabot Hastings (FL) McKeon The result of the vote was announced Chambliss Hastings (WA) McKinney as above recorded. Mr. LINDER, from the Committee on Chenoweth-Hage Hayes McNulty Rules, submitted a privileged report Clay Hayworth Meehan A motion to reconsider was laid on Clayton Hefley Meek (FL) (Rept. No. 106–575) on the resolution (H. Clement Herger Meeks (NY) the table. Res. 472) providing for consideration of Clyburn Hill (IN) Menendez the bill (H.R. 3439) to prohibit the Fed- Coble Hill (MT) Metcalf f Coburn Hilleary Mica eral Communications Commission from Collins Hilliard Millender- establishing rules authorizing the oper- Combest Hinchey McDonald PERSONAL EXPLANATION ation of new, low power FM radio sta- Condit Hinojosa Miller (FL) tions, which was referred to the House Conyers Hobson Miller, Gary Cooksey Hoeffel Miller, George Mr. ABERCROMBIE. Mr. Speaker, this Calendar and ordered to be printed. Costello Hoekstra Minge afternoon, I was unavoidably detained by a f Cox Holden Mink Hawaii Congressional delegation meeting with Coyne Holt Moore REPORT ON RESOLUTION PRO- Cramer Hooley Moran (KS) the Secretary of Interior, and I consequently VIDING FOR CONSIDERATION OF Crane Horn Moran (VA) was unable to vote on three recorded votes. Crowley Hoyer Morella H.R. 4199, DATE CERTAIN TAX Cubin Hulshof Murtha Had I been present, I would have voted as fol- CODE REPLACEMENT ACT Cunningham Hunter Myrick lows: Rollcall 120, to pass H.R. 2328, to re- Mr. LINDER, from the Committee on Danner Hutchinson Nadler authorize the Clean Lakes ProgramÐ``yes''; Davis (FL) Inslee Napolitano Rules, submitted a privileged report Davis (IL) Isakson Neal rollcall 121, to pass H.R. 3039, Chesapeake (Rept. No. 106–576) on the resolution (H. Davis (VA) Istook Nethercutt Bay water restorationÐ``yes''; rollcall 122, to Res. 473) providing for consideration of Deal Jackson (IL) Ney DeFazio Jackson-Lee Northup pass H.R. 2884, to extend the Strategic Petro- the bill (H.R. 4199) to terminate the In- Delahunt (TX) Norwood leum Reserve programÐ``yes.'' ternal Revenue Code of 1986, which was H2166 CONGRESSIONAL RECORD — HOUSE April 12, 2000 referred to the House Calendar and or- So they bypassed him for the man who woman from California (Ms. WOOLSEY) dered to be printed. came in number three. Then a big up- is recognized for 5 minutes. f roar occurred. (Ms. WOOLSEY addressed the House. Catholics throughout the country Her remarks will appear hereafter in b 1630 were just totally up in arms, and they the Extensions of Remarks.) knew they were going to lose the REMOVAL OF NAME OF MEMBER f AS COSPONSOR OF H.R. 1824 Catholic vote this November. So what do they do? They bring a resolution to ANSWERS FROM NATIONAL READ- Mr. KUCINICH. Mr. Speaker, I ask the floor praising the Catholic schools. ING PANEL ON AMERICAN CHIL- unanimous consent that my name be I am a product of that Catholic edu- removed as a cosponsor of H.R. 1824. cation. I do not need my Republican DREN’S READING LEVELS The SPEAKER pro tempore (Mr. colleagues telling me how good the The SPEAKER pro tempore. Under a GUTKNECHT). Is there objection to the education is. They kept slipping with previous order of the House, the gentle- request of the gentleman from Ohio? the Catholics. Then they found Car- woman from Kentucky (Ms. NORTHUP) There was no objection. dinal O’Connor in New York. So one is recognized for 5 minutes. f day we had a resolution to give him a Ms. NORTHUP. Mr. Speaker, tomor- gold medal and that still did not help row is an important day for all of our SPECIAL ORDERS the slippage with the Catholic vote. schoolchildren and all of our children The SPEAKER pro tempore. Under So then the Speaker swallowed his across this country. the Speaker’s announced policy of Jan- pride and he himself appointed a When I came to Congress 31⁄2 years uary 6, 1999, and under a previous order Catholic priest from Chicago who was ago, the rate of children that could not of the House, the following Members not interviewed by the committee but even read at basic level in our schools will be recognized for 5 minutes each. he was a Catholic, and he thought that across this country was 40 percent. f would stop the hemorrhage of the loss Forty percent of all schoolchildren in of the Catholic vote; and everything the fourth grade could not even read at ST. PETER’S MASS HOSTED BY RE- was quiet for a couple weeks and we basic levels. PUBLICAN NATIONAL COM- started to heal. And then, out of the Clearly, as we have poured resources, MITTEE blue, comes a mass at St. Peter’s spon- we have poured time and attention and The SPEAKER pro tempore. Under a sored by the Republican National Com- research into making sure our children previous order of the House, the gen- mittee. all learn to read, we were missing the Mr. Speaker, today the only word tleman from Wisconsin (Mr. KLECZKA) mark with some our children. is recognized for 5 minutes. that my colleagues could come up with I am sure all of us do not need to be Mr. KLECZKA. Mr. Speaker, today’s was this is ‘‘disgusting.’’ The Catholic reminded how important it is that chil- mass at St. Peter’s will be hosted by celebration of mass does not need pro- dren learn to read. They learn to read motion from my colleagues, guys. We the Republican Conference. The homily first in kindergarten and first grade so go there voluntarily. If it was the will be given by the House Chaplain that they can go on about in fourth Democratic party pulling this non- and he will speak in support of the H.R. grade to other things: science, health, sense, I would be on this floor tonight. 4199, to abolish the Tax Code by the When is this going to stop? Are they geography, social studies, all other year 2004. Does that sound ridiculous to going to ridicule my entire religion? subjects that require good reading my colleagues? It sure does to me as a Have they bought into the notion from skills. Catholic Member of this House. Bob Jones University that we are a We also know from research that if a But let me review for my colleagues cult, that the Pope is anit-Christ? child does not learn to read by the be- what transpired yesterday. There was a In the press reports today on this de- ginning of fourth grade, there is a very mass at St. Peter’s hosted by the Re- bacle, we are told by a spokesman for strong probability that that child will publican National Committee to honor the Republican National Committee never learn to read at their capacity. and to introduce the new chaplain of that he is sorry that some Democrats Because, in those early years, children the House followed by a reception in were finding fault with this event, with are at the stage of brain development the church basement. this ‘‘event.’’ where they can learn to read, learn to We were told that all Members were The mastermind who they dusted off, read quickly, and accurately, learn flu- invited to mass. But in reality, only 26 a former ambassador to the Vatican, ency, and learn to put what they see on Republicans were given the invitation. stated in this article, I have been to the written page into understanding Mr. Speaker, masses have been con- events sponsored by lots of organiza- ideas and convert it and learn that in- ducted in this world by Catholic clergy tions, including Democrats, and there formation. for centuries; and never, never in my has never been any problem. That is a time in their lives where recollection have they been hosted by a Is this an event? Is this like a college they are particularly adept at that; political party. football bowl game where there is a and if they miss that opportunity, they I think it is wrong. I think it is mis- sponsor, the Rose Bowl is brought to us are going to find it very difficult at directed. And I am told at the mass buy Microsoft, today’s mass is brought any age and with any amount of work itself speaking to the congregation was to us by some foundation? to learn to read at their capacity. the chairman of the Republican Na- Mr. Speaker, the Republicans in the So it is a serious problem in this tional Committee, Mr. Nicholson, and a House have gone over the line. I have country that we confront today as so former Member of this House who asked the Catholic Bishop’s Conference many of our children miss this time in headed up the campaign committee. to review this matter. I believe that their lives when they learn to read. I think the Republicans have gone what they have done is turn this We know that everybody means for too far this time. For those of my col- Catholic chaplain into a Republican children to read, and we believe that leagues who do not know the back- poster-priest. all children can learn at a high level. ground, the chaplain of the House an- f And so, it was important that we ask nounced he was retiring. The Speaker The SPEAKER pro tempore. Under a the question, what are we doing that is appointed a bipartisan Search Com- previous order of the House, the gen- not right? What are we missing? The mittee made up of nine Republicans tleman from Indiana (Mr. BURTON) is questions that need to be answered are, and nine Democrats to find a new chap- recognized for 5 minutes. how do children learn to read? At what lain. They interviewed 37 clergymen, (Mr. BURTON of Indiana addressed age do children go through the stages and they came up with the top choice the House. His remarks will appear of learning to read? We need to know of a Catholic priest. hereafter in the Extensions of Re- at what time we need to intervene But that was not to be. The Repub- marks.) when children are not going through licans would not stand still for a f those stages and are not learning to Catholic, the first in the history of this The SPEAKER pro tempore. Under a read as we hope they will. And what country to be chaplain of this House. previous order of the House, the gentle- kind of intervention works best? April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2167 Three years ago, Congress put into body, and I thank the gentleman for all ARMENIAN GENOCIDE the appropriations bill for the edu- his fine work. The SPEAKER pro tempore (Mr. cation appropriation and health edu- Mr. Speaker, I rise today to take GUTKNECHT). Under a previous order of cation a research requirement that the note of the tragic occurrences per- the House, the gentleman from Cali- Department of Education and the Na- petrated on the Armenian people be- fornia (Mr. ROGAN) is recognized for 5 tional Institute of Child Health and De- tween 1915 and 1923 by the Ottoman minutes. velopment together look at all re- Turkish Empire. Mr. ROGAN. Mr. Speaker, I am search that has been done on how chil- During this relatively brief time pleased to join so many of my col- dren learn to read to give us a better frame, over 11⁄2 million Armenians were leagues on both sides of the aisle to- road map, answer the questions that massacred and over 500,000 were exiled. night to rise in support of House Reso- have so confounded us for so many of Unfortunately, the Turkish Govern- lution 398 commemorating the Arme- our children. ment still has not recognized these nian Genocide. House Resolution 398 is Today, I am thrilled to know that to- brutal acts as acts of genocide, nor a necessary step for our government to morrow the National Reading Panel is come to terms with its participation in take, a recognition of the historical going to give us their answers. They these horrific events. truth of one of history’s cruelest acts are going to tell us what all the re- against a great and good people. search together tells us about how chil- b 1645 Between 1915 and 1923, over 1 million dren learn to read. They are going to Armenians whose ancestors had inhab- answer many of the questions that we I believe that by failing to recognize ited their homeland since the time of have, many of the questions that our such barbaric acts, one becomes Christ were displaced, deported, tor- teachers around this country want so complicit in them. That is why as a tured and killed at the hands of the that they can have a better road map New York State assemblyman, I was Ottoman Empire. Families were as they approach reading in ways that proud to support legislation adding les- slaughtered. Homes were burned. Vil- are the most effective. sons on human rights and genocide to lages were destroyed and lives were I am here today to share with the the State education curricula. I am torn apart. American people and with the Congress also a proud cosponsor of H. Res. 398, Regrettably in the years since, offi- the importance that, number one, we the United States Training on and cials from what is now Turkey have de- have this information; number two, Commemoration of the Armenian nied this history and failed to recog- that we make sure that our teachers in Genocide Resolution. nize the truth, the historical truth of our schools around the country get this H. Res. 398 calls upon the President the Armenian Genocide. information and that it is incorporated to provide for appropriate training and Mr. Speaker, as their loved ones were into our lessons as we go forward in our materials to all foreign service officers, killed, many right before their very efforts to make sure that every child officials of the Department of State, eyes, more than 1 million Armenians learn and learn at a high level; number and any other executive branch em- managed to escape and establish a new 3, that we make sure that all future re- ployee involved in responding to issues life here in the United States. I am search is done according to standards related to human rights, ethnic cleans- honored to have a large portion of the that will give us the feedback we need ing, and genocide by familiarizing Armenian American community resid- to answer additional questions that we themselves with the U.S. record relat- ing in my district in and around Glen- have. ing to the Armenian Genocide. dale, California. Mr. Speaker, I believe that our chil- Mr. Speaker, I urge my colleagues to The Armenian people suffered a hor- dren are waiting for us to have this an- support this very important resolution. rific tragedy in the first part of the swer. They only get to be 6 years old April 24 is recognized as the anniver- 20th century. Today, our government once in their life. They only get to be sary date of the Armenian Genocide. can work to ensure that the 21st cen- in that time of their life once where The history of this date stretches back tury is a century free both from geno- they can learn to read and they can to 1915, when on April 24, 300 Armenian cide, and also free from lies. learn to read well. After that, it is a leaders, intellectuals and professionals We must not stray from our work to struggle. in Constantinople were rounded up, de- embrace democracy and build a world And so, for every child that today is ported and killed, beginning the period that is free from suffering on this im- in the first grade, for every child that known as the Armenian Genocide. mense scale, but that building can tomorrow and next year will be in the never happen as long as we allow one of Prior to the Armenian Genocide, first grade, let us make sure that we the worst slaughters in world history these brave people with the history of listen to what the scientists can tell to continue to go being unrecognized. well over 3,000 years old were subject to us. They can give us a good road map Mr. Speaker, I went through 4 years numerous indignities and periodic mas- on what we are doing right and what of college and never once heard about sacres by the Sultans of the Ottoman we are doing wrong. And may we please the Armenian Genocide in public Empire. The worst of these massacres not be so closed minded or set in our schools. We have whole generations of occurred in 1895 when as many as ways that we cannot change and adjust people that have been raised not know- 300,000 Armenian civilians were bru- and incorporate in our schools and in ing anything about it because it is not tally massacred and thousands more our children’s lives this information politically correct to teach it in our were left destitute. Additional mas- that we have waited so long for. schools, because we are afraid it might sacres were committed in 1909 and 1920. f offend an oil-producing Nation with By 1922, Armenians had been eradi- whom we have commercial or military ARMENIAN GENOCIDE cated from their homeland. ties. The SPEAKER pro tempore. Under a Yet, despite these events, the Arme- I just think that that is a wrong- previous order of the House, the gen- nian people survived as a people and a headed approach. It is a disgrace for tleman from New York (Mr. CROWLEY) culture in both Europe and the United our Congress. And the purpose of House is recognized for 5 minutes. States. My congressional district has a Resolution 398 is to take a major step Mr. CROWLEY. Mr. Speaker, I would number of Armenians, especially in the toward right and toward morality and like to thank the gentleman from New Woodside community, and their com- recognizing this historical truth. Jersey (Mr. PALLONE) for organizing munity activism is extraordinary, to Today on the eve of the anniversary this special order this evening on the say the least. of the Armenian Genocide, I ask my Armenian genocide. Mr. Speaker, I make note of this be- colleagues to join with our bipartisan The leadership on this issue of impor- cause of a statement by Adolph Hitler group that you have already heard tance to Armenian people has been when speaking about the ‘‘final solu- from tonight and will hear from again vital. It is with some sadness that I tion,’’ when he said who remembers the in support of House Resolution 398 to know this will be the last statement of Armenians. Mr. Speaker, I remember commemorate the Armenian Genocide. the gentleman from Illinois (Mr. POR- the Armenians and so do many of my Having visited the Republic of Arme- TER) on the Armenian genocide in this colleagues speaking here this evening. nian and also Nagorno-Karabakh just a H2168 CONGRESSIONAL RECORD — HOUSE April 12, 2000 few short months ago, I can attest that Day, to express our gratitude to the I am also very proud that The Day of Honor the Armenian people have triumphed veterans of all minority groups who 2000 Project, a non-profit organization based over tragedy and are building a pros- served the Nation so ably. The day will in Massachusetts, has helped enlist the sup- perous democracy. It is a nation that be special because we honor those who port of many Americans to make this resolu- we should be proud to lock arms with fought for the preservation of democ- tion possible. Without the support of The Day and stand with in the greater cause of racy and our protection of our way of of Honor Project 2000, this resolution could good, and it is for that reason that I life. have never been possible. urge my colleagues to join us and sup- Unfortunately, many minority vet- The purpose of this joint resolution is to port this important resolution. erans never obtained the commensu- honor and recognize the service of minority f rate recognition that they deserve. We veterans in the U.S. Armed Forces during honor all veterans. We certainly honor The SPEAKER pro tempore. Under a World War II. The resolution calls upon com- all veterans in World War II, but it is previous order of the House, the gen- munities across the nation to participate in important to designate and to honor celebrations to honor minority veterans on tleman from New Jersey (Mr. HOLT) is those who during those times as they recognized for 5 minutes. May 25, 2000, and throughout the year 2000. returned did not receive the fullest of (Mr. HOLT addressed the House. His Our goal is that the nation will have an oppor- honor. When we look back to the dark- remarks will appear hereafter in the tunity to pause on May 25th to express our est days of World War II we remember Extensions of Remarks.) gratitude to the veterans of all minority groups and revere the acts of courage and per- who served the nation so ably. f sonal sacrifice that each of our soldiers The day will be special because we honor EXCHANGE OF SPECIAL ORDER gave to their Nation to achieve Allied those who fought for the preservation of de- TIME victory over Nazism and fascism. mocracy and our protection of our way of life. In the 1940s, minorities were utilized Unfortunately, many minority veterans never Ms. JACKSON-LEE of Texas. Mr. in the Allied operation just as any obtained the commensurate recognition that Speaker, I ask unanimous consent to other Americans. My father-in-law in they deserve. claim the time of the gentleman from fact was part of the Tuskegee Airmen. When we look back to darkest days of New Jersey (Mr. HOLT). Yet we have never adequately recog- World War II, we remember and revere the The SPEAKER pro tempore. Is there nized the accomplishments of minority acts of courage and personal sacrifice that objection to the request of the gentle- veterans. During the war, at least 1.2 each of our soldiers gave to their nation to woman from Texas? million African American citizens ei- achieve Allied victory over Nazism and fas- There was no objection. ther served or sacrificed their lives. In cism. In the 1940s, minorities were utilized in f addition, more than 300,000 Hispanic the allied operations just as any other Amer- JOINT RESOLUTION SUPPORTING Americans, more than 50,000 Asians, ican. DAY OF HONOR 2000 more than 20,000 Native Americans, Yet, we have never adequately recognized more than 6,000 native Hawaiians and the accomplishments of minority veterans. The SPEAKER pro tempore. Under a Pacific islanders, and more than 3,000 During the war, at least 1,200,000 African previous order of the House, the gentle- native Alaskans also served their coun- Americans citizens either served or sacrificed woman from Texas (Ms. JACKSON-LEE) try or sacrificed their lives in pre- their lives. In addition, more than 300,000 His- is recognized for 5 minutes. serving our freedom during World War panic Americans, more than 50,000 Asians, Ms. JACKSON-LEE of Texas. Mr. II. more than 20,000 Native Americans, more Speaker, first let me certainly ac- Despite the invidious discrimination than 6,000 Native Hawaiians and Pacific Is- knowledge the eve of the Armenian that many minority veterans were sub- landers, and more than 3,000 Native Alaskans genocide anniversary and say to my jected to at home, they fought honor- also served their country or sacrificed their colleagues that all of us should ac- ably along with all other Americans in- lives in preserving our freedom during World knowledge such tragic loss of life. But cluding other nations. An African War II. today I rise to introduce a House Joint American had to answer the call to Despite the invidious discrimination that Resolution, H.J. Res. 98, to designate duty as others, indeed, possibly sac- most minority veterans were subjected to at May 25, 2000, as a national day of honor rifice his life; yet he or she enjoyed a home, they fought honorably along with all for minority veterans of World War II. separate but equal status back home. other Americans, including other nations. An Seventy-three of my colleagues have This is something that we can readily African American had to answer the call to already joined me in cosponsoring this correct and with this resolution with duty, indeed possibly sacrifice his life, yet he resolution. I want to extend my thanks the number of cosponsors, I believe or she enjoyed separate but equal status back to Senator EDWARD KENNEDY of Massa- that we can move toward seeing this home. chusetts for joining me by introducing honor come to fruition on the floor of Too often, when basic issues of equality an identical resolution in the United the House. and respect for their service in the war arose, States Senate. I am also very proud I would ask my colleagues to readily Jim Crow and racial discrimination replied with that the Day of Honor 2000 Project, a sign on to H.J. Res. 98 to be able to a resounding ``no.'' This is a sad but very real nonprofit organization based in Massa- honor these valiant and valuable mem- chapter of our history. chusetts, has helped enlist the support bers of our society for all that they This all happened, of course, before the of many Americans to make this reso- have done. They are American heroes emergence of Dr. Martin Luther King, Sr. in lution possible. In fact, those who are that deserve recognition for their ef- America. As a nation, we have long since rec- working to propose the World War II forts. For this reason the resolution ognized the unfair treatment of minorities as a veterans memorial here in Washington, specifically asks President Clinton to travesty of justice. The enactment of funda- D.C. have acknowledged their support issue a proclamation calling upon the mental civil rights laws by Congress over the for this very special day. Without the people of the United States to honor past half-century have remedied the worst of support of the Day of Honor Project these minority veterans with appro- these injustices. And this has given us some 2000, this resolution could have never priate programs and activities. Mr. hope. But, as we all know, we have yet to give been possible. Speaker, I urge my colleagues to join adequate recognition to the service, struggle, The purpose of this joint resolution me in cosponsoring this resolution. and sacrifices of these brave Americans who is to honor and recognize the service of Mr. Speaker, I am pleased to introduce a fought in World War II for our future. minority veterans in the United States House Joint Resolution 98 to designate May For many of these minority veterans, the armed forces during World War II. The 25, 2000, as a national Day of Honor for mi- memories of World War II never disappear. resolution calls upon communities nority veterans of World War II. 73 of my col- When we lose a loved one, whether it is a across the Nation to participate in leagues have already joined me in cospon- mother, father, sibling, child, or friend, we celebrations to honor minority vet- soring this resolution. often sense that we lose a part of ourselves. erans on May 25, 2000, and throughout I want to extend my thanks to Senator ED- For each of us, the loss of lifeÐwhether ex- the year 2000. Our goal is that the Na- WARD KENNEDY of Massachusetts for joining pected or notÐis not easily surmountable. tion will have an opportunity to pause me by introducing an identical resolution in the Minority veterans had to overcome a great on May 25, leading up to Memorial U.S. Senate. deal after the war. They not only came back April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2169 to a nation that did not treat them equally, but REQUEST TO CLAIM SPECIAL or executed. The Armenian people, they were never recognized for the unique- ORDER TIME lacking political leadership and de- ness of their efforts during the war. Like of Mr. BAIRD. Mr. Speaker, I ask unan- prived of young, able-bodied men who many of us, they adapted to changes or were imous consent to claim my special could fight against the Ottoman on- the engines of social change. But they have order time now. slaught were then deported from every suffered and sacrificed so much that few of us The SPEAKER pro tempore (Mr. region of Turkish Armenia. The images will ever understand. FOSSELLA). Is there objection to the re- of human suffering from the Armenian Veterans are dying at a rate of more than quest of the gentleman from Wash- genocide are graphic and as haunting 1,000 a day. It is especially important, there- ington? as the pictures of the Holocaust. fore, for Congress and the administration to do Mr. CUNNINGHAM. I object, Mr. Why then, it must be asked, are so their part now to pay tribute to these men and Speaker. many people unaware of the Armenian women who served so valiantly in that conflict. The SPEAKER pro tempore. Objec- genocide? I believe the answer is found tion is heard. in the international community’s re- The minority veterans from World War II sponse to this disturbing event. At the represent a significant part of what has been f end of World War I, those responsible called America's Greatest Generation. They for ordering and implementing the Ar- are American heroes that deserve recognition ARMENIAN GENOCIDE COMMEMORATION menian genocide were never brought to for their efforts. For this reason, the resolution justice. And the world casually forgot specifically asks President Clinton to issue a The SPEAKER pro tempore. Under a about the pain and suffering of the Ar- proclamation ``calling upon the people of the previous order of the House, the gen- menian people. This proved to be a United States to honor these minority veterans tleman from Michigan (Mr. KNOLLEN- grave mistake. In a speech before his with appropriate programs and activities.'' BERG) is recognized for 5 minutes. invasion of Poland in 1939, Hitler justi- Mr. Speaker, I urge my colleagues to join Mr. KNOLLENBERG. Mr. Speaker, I fied his brutal tactics with the infa- me in cosponsoring this resolution. rise this evening to talk about the Ar- mous statement, ‘‘Who today remem- menian genocide commemoration. I am The text of the joint resolution is as follows: bers the extermination of the Arme- going to talk a little bit about Arme- nians?’’ H.J. RES. 98 nia. There are many positive things Six years later, 6 million Jews had Whereas World War II was a determining happening in Armenia today that give been exterminated by the Nazis. Never event of the 20th century in that it ensured us confidence that progress is being has the phrase ‘‘those who forget the the preservation and continuation of Amer- made. Armenia has made remarkable, ican democracy; past will be destined to repeat it’’ been stable strides toward becoming a demo- more applicable. If the international Whereas the United States called upon all cratic free market economy even in the its citizens, including the most oppressed of community had spoken out against its citizens, to provide service and sacrifice face of the setbacks, including the this merciless slaughtering of the Ar- in that war to achieve the Allied victory tragic assassinations of Armenian menian people instead of ignoring it, over Nazism and fascism; Prime Minister Vazgen Sarksyan and the horrors of the Holocaust might Whereas the United States citizens who other Parliament members last Octo- never have taken place. served in that war, many of whom gave the ber. I had gotten to know Mr. Sarksyan As we commemorate the 85th anni- ultimate sacrifice of their lives, included before this tragedy and found him to be more than 1,200,000 African Americans, more versary of the Armenian genocide, I be- a man of immense ideas. lieve it is time to give this event its than 300,000 Hispanic Americans, more than It was a tragedy that frankly we all 50,000 Asian Americans, more than 20,000 Na- rightful place in history. This after- tive Americans, more than 6,000 Native Ha- look at with horror. It is behind us noon and this evening, let us pay hom- waiians and Pacific Islanders, and more than now. The government is strong. They age to those who fell victim to the 3,000 Native Alaskans; have been able to go on in spite of this Ottoman oppressors and tell the story Whereas because of invidious discrimina- tragedy, and they have strengthened of the forgotten genocide. For the sake tion, many of the courageous military ac- the situation to a point where it will tivities of these minorities were not reported of the Armenian heritage, it is a story prevent any future happening of this that must be heard. and honored fully and appropriately until kind. decades after the Allied victory in World Tonight, I would like to talk not so f War II; Whereas the motto of the United States, much about what is going on in Arme- b 1700 nia and how it is growing but, rather, ‘‘E Pluribus Unum’’ (Out of Many, One), pro- SPECIAL TRIBUTE TO CENTRALIA motes our fundamental unity as Americans to talk about a dark period in the re- and acknowledges our diversity as our great- membrance of the genocide that took COLLEGE est strength; and place back in 1915. When most people The SPEAKER pro tempore (Mr. Whereas the Day of Honor 2000 Project has hear the word genocide, they imme- FOSSELLA). Under a previous order of enlisted communities across the United diately think of Hitler and his persecu- the House, the gentleman from Wash- States to participate in celebrations to tion of the Jews during World War II. ington (Mr. BAIRD) is recognized for 5 honor minority veterans of World War II on May 25, 2000, and throughout the year 2000: Many individuals are unaware that minutes. Now, therefore, be it the first genocide of the 20th century Mr. BAIRD. Mr. Speaker, I rise today Resolved by the Senate and House of Rep- occurred during World War I and was to pay special tribute to an out- resentatives of the United States of America in perpetrated by the Ottoman Empire standing institution of higher edu- Congress assembled, That Congress— against the Armenian people. Concern cation located in Washington’s Third (1) commends the African American, His- that the Armenian people would move Congressional District. panic American, Asian American, Native to establish their own government, the This month we celebrate the 75th an- American, Native Hawaiian and Pacific Is- Ottoman Empire embarked on a reign niversary of the founding of Centralia lander, Native Alaskan, and other minority of terror that resulted in the massacre College in Centralia, Washington. veterans of the United States Armed Forces of over a million and a half Armenians. Throughout its proud history as the who served during World War II; (2) especially honors those minority vet- This atrocious crime, as I mentioned, oldest continuously operating commu- erans who gave their lives in service to the began on April 15, 1915, when the Otto- nity college in the State of Wash- United States during that war; man Empire arrested, exiled, and even- ington, Centralia College has consist- (3) supports the goals and ideas of the Day tually killed hundreds of Armenian re- ently demonstrated a deep commit- of Honor 2000 in celebration and recognition ligious, political, and intellectual lead- ment to learning. I am proud of of the extraordinary service of all minority ers. Centralia’s novel programming and veterans in the United States Armed Forces Once they had eliminated the Arme- flexible learning options. These fea- during World War II; and nian people’s leadership, they turned tures reveal that at Centralia, scholar- (4) authorizes and requests that the Presi- dent issue a proclamation calling upon the their attention to the Armenians serv- ship is indeed a priority. people of the United States to honor these ing in the Ottoman Army. These sol- In addition to its 44 associate degree minority veterans with appropriate pro- diers were disarmed and placed in labor and 14 certificate programs, Centralia grams and activities. camps where they were either starved offers several invaluable courses of H2170 CONGRESSIONAL RECORD — HOUSE April 12, 2000 study for the Southwest Washington Americans more fulfilling. For the past as families were uprooted from their community. The continuing Education 75 years, Centralia College has pre- homes and marched to concentration Department provides community class- pared its students to be the leaders of camps in the desert where they would es and business training classes, help- tomorrow, and, for that, we all owe eventually starve to death. ing people learn new skills at any age. Centralia College our gratitude and our By 1923, the religious and ideological The workforce training and worker re- congratulations. persecution by the Ottoman Turks re- training courses teach essential job I urge my colleagues in the 106th sulted in the murder of 1.5 million Ar- skills. These skills help the unem- Congress to join me today in paying menian men, women, and children and ployed find new work and they help special tribute to this outstanding col- the displacement of an additional those facing the possibility of layoffs lege, and may its next 75 years of serv- 500,000 Armenians. In our lifetime, we enhance their existing skills. Centralia ice be every bit as successful as the have witnessed the brutality and sav- also offers farm study and ranch and first. agery of genocide by despotic regimes record keeping study to help our agri- f seeking to deny people of human rights cultural leaders of today and tomor- and religious freedoms. That is Stalin REMEMBERING THE ARMENIAN row. against the Russians, Hitler against GENOCIDE OF 1915–1923 One of Centralia’s most innovative the Jews, Mao Tse-tung against the programs targets gifted high school The SPEAKER pro tempore. Under a Chinese, Pol Pot against the Cam- students. Participation in their ‘‘Run- previous order of the House, the gen- bodians, and Mobutu against the ning Start’’ program allows 11th and tleman from Indiana (Mr. SOUDER) is Rwandans. 12th grade students to get the oppor- recognized for 5 minutes. But genocide has devastating con- tunity to take college level classes for Mr. SOUDER. Mr. Speaker, I would sequences on society as a whole be- both high school and college credit. like to join with those who are taking cause of the problems created by up- Not only does this program provide a few minutes today to remember and rooting entire populations. The sur- challenges to students to achieve, but pay tribute to those Armenians who vivors become the ones who carry the it allows them to do so free of charge. lost their lives and national identity memory of suffering and the realiza- Through school district and State pay- during one of history’s most tragic ex- tion that their loved ones are gone. ment plans, Centralia ensures that all amples of persecution and intolerance, They are the ones who no longer have students get an equal chance to par- the Armenian genocide of 1915 to 1923. a home and may feel ideological and ticipate. Many Armenians in America, par- spiritual abandonment. In addition to providing financial ticularly in Indiana, are the children or Part of the healing process for Arme- support, Centralia offers other areas to grandchildren of survivors. In Fort nian survivors and families of survivors expand access to higher education. Wayne, we do not have very many Ar- involves the acknowledgment of the Their comprehensive distance learning menians, to be precise, one, sometimes atrocity and the admission of wrong- campaign offers students all of the ben- two. But my friend Zohrab Taizan is a doing by those doing the persecution. efits of attending college, even if they classic example of many of the Arme- It is only through acknowledgment and cannot physically attend. From cor- nians in America whose family was forgiveness that it is possible to move respondence courses to videotape lec- chased out of Turkey and down into past the history of the genocide and tures or telecourses, to on-line classes, Lebanon, who moved around, having, other sins. to interactive video programs, as a child, to live in a tent, because he Unfortunately, those responsible for Centralia will find a way to teach eager saw his family members slaughtered ordering the systematic removal of the students, regardless of their location. and chased from their homeland; com- Armenians were never brought to jus- For the 3,000 students enrolled, ing over to America where they had a tice and the Armenian genocide be- Centralia’s serious educational com- chance to succeed with an American came a dark moment in history, as we mitment translates into results. Re- dream, as Armenians actually through- heard earlier, quoted by Hitler and oth- cently, for example, 9 of the 11 out world history who have been per- ers, who then proceeded to use it as an Centralia graduates who interviewed at secuted because of their successes as example to commit genocide on others, the Intel company earned positions on merchants, and often their very suc- to be slowly forgotten by those in the staff. Recruiters of such technology cess has led to persecution in many America and the international commu- firms regularly visit Centralia, saying lands that they have been over time. nity. they always look forward to seeing the He came to America to the Indiana In- It is important that we remember high quality of candidates who come stitute of Technology, like many other this tragic event and show strong lead- from that college. They go on to say foreign students who came in, learned ership by denouncing the persecution that the students’ capability is a re- engineering, and became a very suc- of people due to their differences in po- flection of both a high quality college cessful engineer in our hometown. litical and religious ideology. By estab- and a high quality electronics depart- I first saw a slide presentation on the lishing a continuing discourse, we are ment. As we move into the 21st Cen- facts of this terrible genocide about 20 acknowledging the tragedies of the tury, the superiority of Centralia’s years ago when I was a young business- past and remembering those awful mo- technology education can only serve to man in Fort Wayne belonging to the ments in history so they will not be re- benefit both students and employers. Rotary Club. Mr. Zohrab Taizan made peated. Another benefit to students empha- a presentation that will forever be Mr. Speaker, I want to thank all of sized by the Centralia administration, burned into my mind about the terrible my colleagues, those Members who faculty, and staff is diversity. Recog- persecution; not just discrimination have supported this resolution, as well nizing the need for students to interact and not just random persecution, but as all the Armenian organizations in with people of different cultures and the attempt to exterminate an entire this country and throughout the world backgrounds, Centralia strives to in- people. who have worked so hard to establish corporate diversity into its student The facts, as we have heard a number an understanding for their remem- body and programs wherever possible. of times, but I think it is important brance. The college knows that exposing its that we have these burned into our f students to diverse ideas and people head, on April 24, that is the particular will enhance their educational experi- day we commemorate the tragedy, be- REMEMBERING THE ARMENIAN ence. In today’s increasingly close-knit cause it marks the beginning of the GENOCIDE and diverse world, bringing together persecution and ethnic cleansing by The SPEAKER pro tempore. Under a people from different backgrounds is a the Ottoman Turks. previous order of the House, the gen- necessity, not a luxury. On April 24, 1915, Armenian political, tleman from California (Mr. FILNER) is Mr. Speaker, education is a necessity intellectual, and religious were ar- recognized for 5 minutes. for all Americans. It prepares young rested, forcibly moved from their Mr. FILNER. Mr. Speaker, I join my people to face the challenge of the fu- homeland and killed. The brutality other colleagues today to discuss one ture, and makes the lives of older continued against the Armenian people of the greatest unrecognized tragedies April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2171 of the 20th Century, you have heard it COMMEMORATING THE 85TH ANNI- 1915±23 genocide because, in the words of by the previous speakers, that is the VERSARY OF THE ARMENIAN the philosopher George Santayana, ``Those Armenian genocide. GENOCIDE who cannot remember the past are con- April 24th marks the 85th anniver- The SPEAKER pro tempore. Under a demned to repeat it.'' sary of the start of the first genocide of previous order of the House, the gen- f the 1900’s. Before the Holocaust there tleman from California (Mr. BERMAN) is was the Armenian genocide. It took recognized for 5 minutes. SAY NO TO COMMERCIAL place between 1915 and 1923 in the Otto- Mr. BERMAN. Mr. Speaker, I rise today to WHALING man Empire. commemorate the 85th anniversary of the The SPEAKER pro tempore. Under a start of the Armenian genocide, one of the In April of 1915, a weak Ottoman Em- previous order of the House, the gen- most horrific episodes of human history. tleman from Washington (Mr. pire ordered mass deportations of Ar- In early 1915, Britain and Russia launched menians. This was carried out swiftly METCALF) is recognized for 5 minutes. major offensives intended to knock the Otto- Mr. METCALF. Mr. Speaker, 2 days and systematically on official orders man Empire out of the first World War. In the from the government of the Ottoman ago a mighty 35-foot long gray whale east, Russian forces inflicted massive losses washed up on the beach in front of my Empire. Forced marches resulted in the on the Ottomans, who reacted by lashing out deaths of over 1 million Armenians. Ar- home on Whidbey Island in Washington at the Armenians, whom they accused of un- State. As a vociferous opponent of kill- menian men of military age were dermining the Empire. ing whales or the expansion of whaling rounded up, marched for several miles On April 24, 1915, the Turkish government worldwide, and as a lifelong advocate and shot dead throughout eastern began to arrest Armenian community and po- for the environmental health of Puget Anatolia. Women, children, and the el- litical leaders suspected of harboring nation- Sound, this recent event has been the derly, many subjected to rape, were alist sentiments. Most of those arrested were cause of some amount of discussion and executed without ever being charged with forced to leave their homeland and publicity in the region surrounding my crimes. move to relocation centers in the Syr- district. Out of the 1,000 miles of coast- The government then moved to deport most ian desert. During these long marches, line in Washington State, it was cer- Armenians from eastern Anatolia, ordering that no food, water, or shelter was provided. tainly an interesting coincidence that they resettle in what is now Syria. Many de- Many died of disease or exhaustion, the body lodged right on the beach in portees never reached that destination. The and survivors were subjected to forc- front of my house. U.S. Ambassador in Constantinople at the ible conversion to Islam. The death of this gray whale should time, Henry Morgenthau, wrote ``When the call our attention to those who would The annihilation of such a large por- Turkish authorities gave the orders for these like to reverse the will expressed in tion of Armenians in the Ottoman Em- deportations, they were merely giving the Congress and by an overwhelming ma- pire led to the loss of many lives and death warrant to a whole race.'' the dream of an Armenian homeland. From 1915 to 1918, more than a million Ar- jority of the American people who op- Surviving Armenians fled to the then menians died of starvation or disease on long pose allowing the hunting of whales, Soviet Union, the United States, and marches, or were massacred outright by Turk- particularly for commercial purposes. other parts of the world in pursuit of ish forces. From 1918 to 1923, Armenians As I have been predicting from the their basic freedoms. Many Armenians continued to suffer at the hands of the Turkish well of this House and across America live and work in my congressional dis- military, which eventually removed all remain- for several years, the push for resump- trict in San Diego. Their history and ing Armenians from Turkey. tion of worldwide commercial whaling story need to be shared and embraced. We mark this anniversary each year be- is on in earnest. And it is not about cause this horrible tragedy for the Armenian heritage, it is all about money. We Today, our NATO ally, Turkey, has have heard that a gray whale can be repeatedly denied the execution of over people was a tragedy for all humanity. We must remember, speak out and teach future sold in Japan for $1 million. 1 million Armenians. The denial of this Those who want to end the ban on atrocity has proved beneficial for Tur- generations about the horrors of genocide and the oppression and terrible suffering endured commercial whaling have been using key’s foreign policy. The murder of Ar- the pretext of restoring whaling rights menians, a massacre based on cultural by the Armenian people. Sadly, genocide is not yet a vestige of the to indigenous people to expand the and religious beliefs, goes on officially scope of whaling worldwide. But if we unnoticed, and the United States main- past. In recent years we have witnessed the ``killing fields'' of Cambodia, mass ethnic allow people to use the excuse of his- tains a favorable relationship and stra- toric whale hunting for resumption of tegic partnership with Turkey. killings in Bosnia and Rwanda, and ``ethnic cleansing'' in Kosovo. We must renew our whale hunting worldwide, you have got Mr. Speaker, because of these rea- commitment to remain vigilant and prevent to remember many nations, most na- sons, I have joined my colleagues in co- such assaults on humanity from occurring ever tions with coastlines, hunted whales. sponsoring House Resolution 398, the again. Japan and Norway definitely would United States Training on and Com- Even as we remember the tragedy and have, as good as anybody, an historic memoration of the Armenian Genocide honor the dead, we also honor the living. Out whale hunting opportunity. Japan and Resolution. This resolution provides of the ashes of their history, Armenians all Norway are the most notorious now for training and educational materials to over the world have clung to their identity and going ahead and hunting whales. all Foreign Service and State Depart- prospered in new communities. Hundreds of Newsweek Magazine reported, April ment officials concerning the Arme- thousands of Armenians live in California, 17, information I have already given nian genocide. where they form a strong and vibrant commu- this body that Japan has been quietly packing the International Whaling It is time for our country to stand up nity. The strength they have displayed in over- Commission with small nations willing and recognize this tragic event. When coming tragedy to flourish in this country is an to do their bidding, willing to vote for Hitler conceived of the idea to extermi- example for all of us. the resumption of commercial whaling. nate the Jewish population, he noted Surrounded by countries hostile to them, to Mr. Speaker, we are dangerously the lack of consequences by saying, this day the Armenian struggle continues. But close to a renewal of the barbaric prac- ‘‘Who, after all, speaks today of the an- now with an independent Armenian state, the United States has the opportunity to contribute tice of commercial whaling. To mil- nihilation of the Armenians?’’ to a true memorial to the past by strength- lions of Americans, including myself, Mr. Speaker, today I and my col- ening Armenia's emerging democracy. We this is totally unacceptable. When the leagues speak of the annihilation of the must do all we can through aid and trade to Clinton-Gore administration last year Armenians, and we ask our other col- support Armenia's efforts to construct an open financed the Makah tribal whale hunt leagues to join in this cause. The story political and economic system. and colluded with the pro-whaling na- of the Armenian genocide, the forgot- Adolf Hitler, the architect of the Nazi Holo- tions of the International Whaling ten genocide, deserves to be told and caust, once remarked ``Who remembers the Commission, our Nation’s government understood. We owe it to the Arme- Armenians?'' The answer is, we do. And we lost its moral authority to lead the nians. We owe it to mankind. will continue to remember the victims of the fight against killing whales for profit. H2172 CONGRESSIONAL RECORD — HOUSE April 12, 2000 b 1715 out, ``Let us always remember the atrocities year 2001. Sales of the coin could con- This was truly a tragedy. Whales that have taken the lives of our parents and tinue until the date that the stock is were hunted almost to extinction in our children and our neighbors.'' depleted. The coin would be of no net the late 1800s. As the Armenian-American author William cost to the American taxpayer, and the Mr. Speaker, we must not allow the Saroyan wrote, ``Go ahead, destroy this race proceeds from its sale will go towards clock to be turned back to past days of . . . Send them from their homes into the funding the opening of the National barbarism. Republicans and Democrats desert . . . Burn their homes and churches. Museum of the American Indian. The in this body must stand with the Amer- Then see if they will not laugh again, see if proceeds would also help supplement ican people and stop this conspiracy they will not sing and pray again. For, when the museum’s endowment and edu- against these magnificent creatures. two of them meet anywhere in the world, see cational outreach funds. We must not return to commercial if they will not create a New Armenia.'' Based on past sales of coins of this whaling. I rise today to remember those cries, and to nature, we are likely perhaps to raise pay tribute to the resilience of the Armenian roughly in the range of $3.5 million for f people, who have contributed so much to our the museum. The coin will be modeled THE 85TH ANNIVERSARY OF THE world. Those who have perished deserve our after the original 5 cent buffalo nickel ARMENIAN GENOCIDE commemoration, and they also deserve our designed by James Earl Fraser and pledge to ensure that such an horrific chapter minted from 1913 to 1938, which por- The SPEAKER pro tempore (Mr. in history is never repeated again. trays a profile representation of a Na- FOSSELLA). Under a previous order of f tive American on the obverse, and an the House, the gentlewoman from New American buffalo, American bison, on York (Mrs. LOWEY) is recognized for 5 The SPEAKER pro tempore. Under a previous order of the House, the gen- the coin’s reverse side. minutes. Mr. Speaker, as an Oklahoman, I was tleman from Florida (Mr. DIAZ- Mrs. LOWEY. Mr. Speaker, today I rise in proud to have led the effort in Congress BALART) is recognized for 5 minutes. commemoration of the 85th anniversary of the to designate the Roger Mills County (Mr. DIAZ-BALART addressed the Armenian Genocide, a horrible period in our site of the November, 1868 Battle of the House. His remarks will appear here- history that took the lives of 1.5 million Arme- Washita, yes, some might more accu- after in the Extensions of Remarks.) nians and led to the exile of the Armenian na- rately describe it as a massacre, as a tion from its historic homeland. f national historic site. This site in My colleagues and I join with the Armenian- THE NATIONAL MUSEUM OF THE Western Oklahoma, where Lieutenant American community, and with Armenians Colonel George Custer and the 7th U.S. throughout the world, to remember one of the AMERICAN INDIAN COMMEMORA- TIVE COIN ACT OF 2000 cavalry attacked the Cheyenne Peace darkest periods in the history of humankind. Chief Black Kettle’s village. We owe this commemoration to those who The SPEAKER pro tempore. Under a Now I am pleased to introduce the perished because of the senseless hatred of previous order of the House, the gen- National Museum of the American In- others, and we need this commemoration be- tleman from Oklahoma (Mr. LUCAS) is dian Commemorative Coin Act of 2000. cause it is the only way to prevent such recognized for 5 minutes. A like version of this bill is already events in the future. Mr. LUCAS of Oklahoma. Mr. Speak- making its way through the Senate, We have already learned the lessons of for- er, my home State of Oklahoma has a having been introduced there by United getting. The Armenian Genocide, which began strong heritage in our Nation’s Native States Senator BEN NIGHTHORSE CAMP- 15 years after the start of the twentieth cen- American history and culture. In fact, BELL of Colorado and Senator DANIEL tury, was the first act of genocide this century, the name ‘‘Oklahoma’’ means ‘‘Land of INOUYE of Hawaii. but it was far from the last. The indifference of the Red People’’ in the Choctaw lan- Mr. Speaker, I urge my fellow col- the world to the slaughter of 1.5 Armenians guage. So nowhere else in this country leagues in the House to take this op- laid the foundation for other acts of genocide, is there more appreciation than in portunity to recognize the importance including the Holocaust, Stalin's purges, and, Oklahoma that a museum dedicated to to our Nation of the National Museum most recently, ethnic cleansing in Kosovo. preserving this legacy is being con- of the American Indian by becoming a The lessons of the destruction that results structed in Washington, D.C. cosponsor of my bill. when hatred is left unchecked have been too The National Museum of the Amer- f slowly learned. The world's indifference to the ican Indian was established as an act of Armenian Genocide proved to Adolf Hitler that Congress in 1989 to serve as a perma- ARMENIAN GENOCIDE his plans to annihilate the Jewish people nent repository of Native American The SPEAKER pro tempore. Under a would encounter little opposition and would culture. The groundbreaking took previous order of the House, the gen- spur no global outcry. The post-Holocaust di- place in September of 1999, and it is tleman from New York (Mr. SWEENEY) rective ``zachor,'' rememberÐlest history re- scheduled to open in the summer of is recognized for 5 minutes. peat itself, came too late for 1.5 million Arme- 2002. Mr. SWEENEY. Mr. Speaker, I want nians and 6 million Jews. It came too late for Because of the historic significance to take this opportunity to speak millions of victims around the world. and importance of this museum to the about one of the 20th century’s early Today we recall the Armenian Genocide people of Oklahoma, I am introducing atrocities, the Armenian genocide. It is and we mourn its victims. But we also renew a bill today that will commemorate its a subject that is very near and dear to our pledge to the Armenian nation to do ev- opening. The National Museum of the my heart as my own grandfather was a erything we can to prevent further aggression, American Indian Commemorative Coin witness to the bloodshed firsthand. and we renew our commitment to ensuring Act of 2000 will call for the minting of While the genocide began well before that Armenians throughout the world can live a special $1 silver coin intended to the turn of the past century, April 24 free of threats to their existence and pros- raise funds for the museum and cele- marks an important date that we as perity. brate its completion. citizens and human beings need to re- Unfortunately, we still have to work toward As part of the highly respected member. It was when 254 Armenian in- this simple goal. Azerbaijan continues to Smithsonian institution, which is now tellectuals were arrested by Turkish blockade Armenia and Nagorno-Karabagh, de- the world’s largest museum complex, authorities in Istanbul and taken to nying the Armenian people the food, medicine, the National Museum of the American the provinces of Ayash and Chankiri, and other humanitarian assistance they need Indian will collect, preserve, and ex- where many of them were later mas- to lead secure, prosperous lives. And as long hibit Native American objects of artis- sacred. as this immoral behavior continues, I pledge to tic, historical, literary, anthropo- Throughout the genocide, Turkish join my colleagues in continuing to send the logical, and scientific interest. Also authorities ordered the evacuations of message to Azerbaijan that harming civilians important is that it will provide for Armenians out of villages in Turkish is an unacceptable means for resolving dis- Native American research and study Armenia and Asia Minor. As the vil- putes. programs. lages were evacuated, men were often Mr. Speaker, after the Genocide, the Arme- The coin my bill proposes will be of shot immediately. Women and children nian people wiped away their tears and cried proof quality and be minted only in the were forced to walk limitless distances April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2173 to the south where, if they survived, Mr. Speaker, I call upon the Turkish were deported, forced into slave labor, many were raped and put into con- government to accept complete ac- and tortured by the government of the centration camps. Prisoners were countability for the Armenian geno- Young Turk Committee, and 1.5 mil- starved, beaten, and murdered by un- cide. To heal the wounds of the past, lion of them were killed. merciful guards. the Turkish government must first rec- The deportations and killings finally This was not a case for everyone, ognize its responsibility for the actions ended with the establishment of the though. Not everyone was sent to con- of past leaders. Nothing we can do or Republic of Turkey in 1923, although centration camps. For example, many say will bring back those who perished, efforts to erase all traces of the Arme- innocent people were put on ships and but we can honor those who lost their nian presence in the area continued. To then thrown overboard into the Black homes, their freedom, their lives, by this day, the Republican of Turkey re- Sea. teaching future generations the lessons fuses to acknowledge the fact that this The atrocities of the Armenian geno- of this atrocity. massive crime against humanity took cide were still being carried out in 1921 f place on soil under its control and in when Kemalists were found abusing the name of Turkish nationalism. and starving prisoners to death. In GENERAL LEAVE Not only does Turkey deny that the total, approximately 1.5 million Arme- Mr. PALLONE. Mr. Speaker, I ask genocide ever took place, it has mount- nians were killed in a 28-year period. unanimous consent that all Members ed an aggressive effort to try to This does not include the half million may have 5 legislative days within present an alternative and false version or more who were forced to leave their which to revise and extend their re- of history, using its extensive financial homes and flee to foreign countries. marks on the subject of my special and lobbying resources in this country. Together with Armenians all over order tonight, which is the Armenian Recently the Turkish government the world and people of conscience, I genocide. signed a $1.8 million contract for the would like to honor those who lost The SPEAKER pro tempore. Is there lobbying services of three very promi- their homes, their freedom, and their objection to the request of the gen- nent former members of this House to lives during this dark period. tleman from New Jersey? argue Turkey’s case in the halls of Many survivors of the genocide came There was no objection. power here in Washington. While the to the United States seeking a new be- f major focus of their efforts is trying to ginning, my grandfather among them. secure a $4 billion attack helicopter The experiences of his childhood fueled THE ARMENIAN GENOCIDE sale, two of these lobbyists and former his desire for freedom for his Armenian The SPEAKER pro tempore. Under a Congressmen, according to the April 8 homeland in the First World War, so he previous order of the House, the gen- edition of the National Journal, were returned there, where he was awarded tleman from New Jersey (Mr. PALLONE) recently here on Capitol Hill trying to two Russian Medals of Honor for brav- is recognized for 5 minutes. persuade leaders of this House not to ery in the fight against fascism. Mr. PALLONE. Mr. Speaker, I rise support legislation affirming U.S. rec- It is important that we not forget today, as my colleagues and I do every ognition of the genocide. about these terrible atrocities, because year at this time, in a proud but sol- Mr. Speaker, the sponsors of that leg- islation, House Resolution 398, the gen- as Winston Churchill said, those who emn tradition to remember and pay tleman from California (Mr. RADANO- do not learn from the past are destined tribute to the victims of one of his- VICH) and the gentleman from Michigan to repeat it. tory’s worst crimes against humanity, Since the atrocity, Armenia has the Armenian genocide of 1915 to 1923. (Mr. BONIOR), will also be speaking to- night. I want to praise them for taking taken great strides, achieving its inde- This evening my colleagues will be the lead on this bipartisan initiative pendence over 8 years ago. Then it was discussing various aspects of this trag- which currently has 38 cosponsors and a captive Nation struggling to preserve edy, including what actually happened, which has obviously caused some con- its centuries-old traditions and cus- how it affected the victims, the sur- vivors and their descendents, how the cern within the Turkish government. toms. Today the Republic of Armenia I regret to say that the United States perpetrators and their descendants is an independent, freedom-loving Na- still does not officially recognize the have responded, the reaction of the tion and a friend of the United States Armenian genocide. Bowing to strong United States and other major nations, and to the democratic world. pressure from Turkey, the U.S. State and what lessons the Armenian geno- Monday, April 24, will mark the 85th Department and American presidents cide teaches us today. anniversary of one of the most grue- of both parties have for more than 15 Since we are constrained by time some human atrocities in the 20th cen- years shied away from referring to the tury. Sadly, it was the systematic kill- limitations, I will also be submitting tragic events of 1915 through 1923 by ing of 1.5 million Armenian men and for the RECORD some additional infor- the word ‘‘genocide’’, thus minimizing women. Ironically, Mr. Speaker, it was mation. and not accurately conveying what none other than Adolph Hitler who Mr. Speaker, the Armenian genocide really happened beginning 85 years ago. began to immortalize the Armenian was the systematic extermination, the This legislation is an effort to ad- atrocities when he, questioning those murder of 1.5 Armenian men, women, dress this shameful lapse in our own who were questioning his own deter- and children during the Ottoman Turk- Nation’s record as a champion of mination to commit his own atrocities ish empire. This is of the first genocide human rights and historical fact. and his own genocide, he said, After of the 20th century, but sadly, not the Mr. Speaker, the Armenian people all, who will remember the Armenians? last. Sadder still, at the dawn of the are united in suffering and the spirit of As we do not ignore the occurrence of 21st century we continue to see the remembrance with the Jewish people, the Nazi Holocaust, we must not ignore phenomenon of genocide. Such is the who were, of course, also the victims of the Armenian genocide. Many people danger of ignoring or forgetting the genocide in the 20th century. I wanted across the world will concede this is a lessons of the Armenian genocide. to cite a letter from Mrs. Rima Feller- very tender and difficult event to dis- April 24 marks the 85th anniversary Varzhapetyan, president of the Jewish cuss, but in order for us to discontinue of the unleashing of the Armenian community of Armenia. the mistakes of the past we must never genocide. On that dark day in 1915, In a letter to the Congress of the forget it happened, and we must never some 200 Armenian religious, political, United States, which I will submit for stop speaking out against such horrors. and intellectual leaders from the Turk- the RECORD, Mrs. Varzhapetyan wrote, As a strong and fervent supporter of ish capital of Constantinople, now ‘‘Had the world recognized and con- the Republic of Armenia, I am alarmed Istanbul, were arrested and exiled in demned the genocide at the time, it is that the Turkish government is still one fell swoop, silencing the leading unlikely that the word Holocaust refusing to acknowledge what hap- representatives of the Armenian com- would have become known to the Jew- pened and instead is attempting to re- munity in the Ottoman capital. ish people.’’ write history. It is vital that we do not This was the beginning of the geno- She also states, ‘‘We believe that let political agendas get in the way of cide. Over the years from 1915 to 1923, what happened to Armenians at the be- doing what is right. millions of men, women, and children ginning of the century is not an issue H2174 CONGRESSIONAL RECORD — HOUSE April 12, 2000 for only Armenians. It is a cruel crime Mr. HOLT. Mr. Speaker, I rise today to In 1939, when Adolf Hitler was issuing or- against humanity.’’ She concludes, honor the memory of the one and a half mil- ders for German ``Death Units'' to murder Pol- ‘‘Believing that Turkey’s membership lion Armenians who perished in the Armenian ish and Jewish men, women, and children, he in the European Union should require Genocide of 1915±1923. noted, ``After all, who remembers the extermi- its acknowledgment of responsibility The Armenian Genocide was one of the nation of the Armenians?'' for the Armenian genocide, which will most awful events in history. It was a horrible Mr. Speaker, the Congress of the United benefit the Turkish people as well, the precedent for other twentieth-century geno- States remembers the Armenians. I urge my Jewish community of Armenia urges cidesÐfrom Nazi Germany to Cambodia, Bos- colleagues to join me in condemning genocide the Congress of the United States to nia, and Rwanda. and honoring the memory of 1.5 million inno- speak up in support of the interests of This great tragedy is commemorated each cent victims. Cosponsor H. Res. 398. the Armenians, and to recognize the year on April 24. On that day in 1915 hun- Mr. ACKERMAN. Mr. Speaker, I am hon- genocide of Armenians as they recog- dreds of Armenian leaders in Constantinople ored to join with so many of my colleagues in nize the Jewish Holocaust.’’ were rounded up to be deported and killed. recalling the horrors visited upon the Armenian Mr. Speaker, there is additional in- In the following years, Ottoman officials ex- people and to take a stand against those who formation that I will include in my pelled millions of Armenians from homelands would deny the past in order to shape the fu- statement for the RECORD, but I wanted they had inhabited for over 2,500 years. Fami- ture. The Armenian Genocide, which occurred to conclude by praising the work of the liesÐmen, women, and childrenÐwere driven between 1915 and 1923, resulted in the delib- Armenian American community in into the desert to die of starvation, disease, erate death of 1.5 million human souls, killed keeping the flame of memory burning. and exposure. Survivors tell of harrowing for the crime of their own existence. This week members of the Armenian forced marches and long journeys packed into A shocking forerunner of still greater slaugh- Assembly of America held an advocacy cattle cars like animals. In 1915, the New York ter to come in the 20th century, the Armenian day on Capitol Hill in which they urged Times carried reports of families burned alive Genocide marked a critical point in history, the Members of Congress on several in wooden houses or chained together and when technology and ideology combined with key issues, including the recognition of drowned in Lake Van. the power of the state to make war on an en- the genocide. Mr. Speaker, the murder of innocent chil- tire people. The Ottoman Empire's campaign On Sunday, April 16, the annual com- dren can never be an act of self-defense, as to eliminate the whole of the Armenian popu- memoration will be held in Times the Ottomans claimed. As Henry Morgenthau, Square in New York City, and on Tues- lation existing within its borders was no acci- Sr., the United States Ambassador to Turkey, dent, no mistake made by a minor functionary. day, May 2, after Congress returns cabled to the U.S. Department in 1915, the from our spring recess, the Armenian Genocide was official policy and 1.5 million actions of the Ottoman Government con- corpses were the result. The innocent, the National Committee will host the sixth stituted ``a campaign of race extermination harmless, the blameless, without regard to annual Capitol Hill observance and re- * * * under pretence of a reprisal against re- age, sex or status, they were the victims of ception marking the anniversary of the bellion.'' deportation, starvation and massacre. genocide. Documents in the archives of the United When we here, in the House of Representa- I am pleased to report that the Arme- States, Britain, France, Austria, the Vatican, tives, recall the deaths of the innocent of Ar- nian Assembly has recently acquired a and other nations confirm Ambassador menia, we stand as witnesses to history and building not far from the White House Morgenthau's assessment. While the Turkish recognize the common bond of humanity. We here in Washington to use as the future government claims it resources show other- acknowledge not just Armenians, but all the site of the Armenian Genocide Mu- wise, Turkey has never opened its archives to victims of vicious nationalism, ethnic and reli- seum. objective scholars. Mr. Speaker, I include for the It is time for the world to deal honestly and gious hatred, and pathological ideologies. The RECORD the letter from Ms. openly with this great blemish on our common double tragedy of the Armenian Genocide, is Varzhapetyan. history. first, that 1.5 million lives were snuffed out, The letter referred to is as follows: The United States can be proud of its role and second, that the world, including the JEWISH COMMUNITY OF ARMENIA, in opposing the genocide while it was taking United States, not only did nothing, but again REPUBLIC OF ARMENIA, place. stood by as genocide took place on an even Yerevan 375051, 2/1 Griboyedov St., off. 49. vaster scale across Europe only 16 years Congress of The United States of America Ambassador Morgenthau, with State Depart- On 24 April, 2000, 85-th anniversary of the ment approval, collected witness accounts and later. Genocide of Armenians—a horrifying crime, other evidence of atrocities, calling inter- ``Never again.'' This is the simple lesson we which occurred at the beginning of this cen- national attention to the genocide. A Concur- as a nation have learned from the unprece- tury—will be commemorated. rent Resolution of the United States Senate dented slaughter of the innocent in the last Had the world recognized and condemned century. Our armed forces are serving nobly the Genocide at the time, it is unlikely that encouraged the President to set aside a day of sympathy for Armenian victims. Congress around the world to make this dictum more the word Holocaust would have become than just words. If we are to be a just and known to the Jewish people. Today the world and President Wilson chartered the organiza- is not safeguarded against genocide. It can tion of Near East Relief, which provided over honorable nation, we must do more than be repeated anywhere in the world. $100 million in aid for Armenian survivors and shrug our shoulders at atrocities. We, as a na- We believe that what happened to Arme- led to the adoption of 132,000 Armenian or- tion, must bear witness to history, and having nians at the beginning of the century is not phans as foster children in the United States. acknowledged the horrors of the past, commit an issue for only Armenians. It is a cruel Yet the international community failed to ourselves to preventing their repetition. crime against humanity. Mr. Speaker, I am here today for one simple Taking into consideration that the Arme- take decisive action against the criminals who nian Genocide was recognized by the United planned and instigated this tragedy. reason: to recall publicly that eighty-five years Nations Human Rights Subcommission in After World War I, courts-martial sentenced ago one-third of the Armenian people were put 1985, that it was recognized by member the chief organizers of the Armenian Genocide to death for the crime of their own existence. states of the European Union in 1987, and by to death, but the verdicts of the courts were To deny this reality is to murder them again. the Ottoman military tribunal in 1919, the not enforced. International standards were not We can not, we must not, allow their deaths Jewish Community of Armenia believes that asserted to hold Ottoman officials account- to be stripped of meaning by allowing the the recognition of the 1915–1923 Armenian able. crime committed against them to slowly slip Genocide will positively impact the resolu- into the mists of lost memory. tion of a number of issues in the Caucasus. I have cosponsored legislation that would Believing that Turkey’s membership in the help redress this tragedy. Thanks to the strength and commitment of European Union should require its acknowl- H. Res. 398 would take steps to ensure that America's citizens of Armenian descent, their edgment of responsibility for the Armenian all Foreign Service officers and other United memory will not be lost. The victims of the Ar- Genocide—which will benefit the Turkish States officials dealing with human rights menian Genocide will not be forgotten. I'd also people as well—the Jewish Community of Ar- issues are familiar with the Armenian Geno- like to commend and thank my colleagues menia urges Congress of The United States cide and the consequences of the failure to Congressmen JOHN PORTER and FRANK of America to speak up in support of the in- PALLONE, the co-chairmen of the Congres- terests of the Armenians and to recognize enforce judgments on the responsible officials. the Genocide of Armenians, as they recog- It would also recognize the seriousness of sional Caucus of Armenian Issues. Thanks to nized the Jewish Holocaust. these events by calling on the President to their leadership, this House has again honor- RIMA VARZHAPETYAN, refer to the deaths of 1.5 million Armenians ably fulfilled America's commitment to memory Chairman of the JCA. following 1915 as ``genocide.'' and justice. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2175 Mr. GILMAN. Mr. Speaker, I am honored men and women abroad. The Armenian-Amer- people to death. That year, the government that my colleagues have invited me to join in ican community is bound together by strong also organized other military units comprised today's special order commemorating the trag- generational and family ties, an enduring work of convicts for the express purpose of annihi- ic events that began in 1915. ethic and a proud sense of ethnic heritage. lating Armenian people. I know how important this commemoration Today we recall the tragedy of their past, not By the spring of 1915, the Turkish dictators is to those Armenian-Americans descended to place blame, but to answer a fundamental were ready to execute their final solution: they from the survivors of the massacres carried question, ``Who remembers the Armenians?'' began ordering massive deportation and mas- out during World War I, almost eighty-five Our commemoration of the Armenian Geno- sacres of Armenian people. April 24 marked years ago. cide speaks directly to that, and I answer, we the fruition of this plan, with the murder of Indeed, hundreds of thousands of Arme- do. nearly 200 Armenian religious, political and in- nians died at that time as a result of brutal ac- Mr. BONIOR. Mr. Speaker, I rise tellectual leadersÐwhich set off the full scale tions taken by the Turkish Ottoman Empire. today to recognize the 85th anniversary campaign to eliminate the Armenian people. While the men and women who died during of the Armenian Genocide. Men, women, and children alike were sub- those tragic days would not live to see it, the After decades of ethnic and religious jected to torture, starvation and brutal deathÐ Armenian nation has now re-emerged, despite persecution, Armenians living within and every kind of unspeakable act against hu- the suffering its people endured under the the Ottoman Empire joined together manityÐin the name of Turkish ethnic cleans- Ottoman Empire and during the following eight with the purpose of restoring freedom ing. 1.5 million Armenian people perished at decades of communist dictatorship under the and self-determination to the Arme- the hands of this brutal regime. former Soviet Union. nian people. In retaliation, the Sultan The U.S. has some of the most extensive As I have said before, the independent state ordered the mass deportation of over documentation of this genocide against the Ar- of Armenia stands today as clear proof that in- 1,750,000 Armenians from their villages menian people, but there has been no short- deed the Armenian people have survived the and homes and towards Mesopotamia. age of corroboration by other countries. The challenges of the pastÐand will survive the They left behind all they had known Armenian genocide has been recognized by challenges of the future as well. for a dozen generations and began a the United Nations and around the globe, and Through assistance and diplomatic support, horrifying trek across an uninhabitable the U.S. came to the aid of the survivors. But the United States is helping Armenia to build desert. These innocent families were perhaps we were not vociferous enough in a new future. either slaughtered by their captors, or holding the perpetrators of this genocide ac- Today, Mr. Speaker, I ask my colleagues to died from dehydration and exhaustion countable, and for shining the light of inter- join us in looking to the past and in com- by the hundreds of thousands. An esti- national shame upon them. For it was only a memorating those hundreds of thousands of mated 1,500,000 men, women and chil- few decades later that we saw another geno- innocents who lost their lives some eighty-five dren died during the course of this cide against humanity: the Holocaust. That is years ago. deadly exodus. why we must continue to tell the story of Ar- Mr. DOOLEY of California. Mr. Speaker, I This upcoming April 24 we will pause, menian genocide. It is a painful reminder that rise today to join my colleagues in remem- as we do each year, to remember those such vicious campaigns against a people have brance of the Armenian Genocide. innocents who were so viciously mur- occurred, and that the potential for such This terrible human tragedy must not be for- dered. We will join with all Armenian human brutality exists in this world. We must gotten. Like the Holocaust, the Armenian Americans and Armenians throughout remain mindful of the continued repression of Genocide stands as a tragic example of the the world in recognizing this horrifying Armenians today, and challenge those who human suffering that results from hatred and genocide of their people, and by re- would persecute these people. If we do not, intolerance. membering we will make the promise future generations may be destined to relive One and a half million Armenian people to Armenians everywhere that this such horrors against humanity. were massacred by the Ottoman Turkish Em- atrocity will never be repeated. Mr. DAVIS of Virginia. Mr. Speaker, I rise pire between 1915 and 1923. More than I have introduced H. Res. 398, com- today to honor the memory of those who lost 500,000 Armenians were exiled from a home- memorating the Armenian Genocide their lives during the Armenian Genocide. land that their ancestors had occupied for Resolution and insuring that no one The Armenians are an ancient people, hav- more than 3,000 years. A race of people was further will deny this brutal chapter in ing inhabited the highland region between the nearly eliminated. human history. I ask that you join Black, Caspian, and Mediterranean seas for It would be an even greater tragedy to for- with me as I express my profound sor- almost 3,000 years. Armenia was sometimes get that the Armenian Genocide ever hap- row for the lost lives of millions, and independent under its national dynasties, au- pened. To not recognize the horror of such as I celebrate the lives of their children tonomous under native princes, or subjected events almost assures their repetition in the and grandchildren who live on today. to foreign rulers. The Armenians were among future. Adolf Hitler, in preparing his genocide For by honoring the living, we most the first groups of people to adopt Christianity plans for the Jews, predicted that no one faithfully remember those who suffered and to have developed a distinct national-reli- would remember the atrocities he was about a merciless death in the desert some 85 gious culture. to unleash. After all, he asked, ``Who remem- years ago. Turkey invaded Armenia in the beginning of bers the Armenians?'' Mr. CUNNINGHAM. Mr. Speaker, I want to the 11th century, AD and conquered the last Our statements today are intended to pre- lend my voice to this important debate remem- Armenian kingdom three centuries later. Most serve the memory of the Armenian loss, and bering the Armenian Genocide. While Turkey's of the territories which had formed the medie- to remind the world that the Turkish govern- brutal campaign against the Armenian people val Armenian kingdoms were incorporated into mentÐto this dayÐrefuses to acknowledge was initiated almost a century ago, its impact the Ottoman Empire in the 16th century. While the Armenian Genocide. The truth of this trag- lives on in the hearts of all freedom-loving the Armenians were included in the Ottoman edy can never and should never be denied. people. That is why we must continue to Empire's multi-national and multi-religious And we must also be mindful of the current speak about it. We must remind the American state, they suffered discrimination, special suffering of the Armenian, where the Armenian people of the potential for such atrocities taxes, prohibition to bear arms, and other sec- people are still immersed in tragedy and vio- against ethnic groups, because history lessons ond-class citizenship status. lence. The unrest between Armenia and Azer- that are not learned are too often repeated. In spite of these restrictions, Armenians baijan continues in Nagorno-Karabakh. Thou- After suffering three decades of persecution, lived in relative peace until the late 1800's. sands of innocent people have already per- deportation and massacre under the Ottoman When the Ottoman Empire started to strain ished in this dispute, and many more have Turks, the Armenian people were relieved under the weight of internal corruption and ex- been displaced and are homeless. when the brutal reign of Ottoman Turks Sultan ternal challenges, the government increased In the face of this difficult situation we have Abdul Hamid came to an end in 1908. But that oppression and intolerance against Arme- an opportunity for reconciliation. Now is the relief was short-lived, as the successor Young nians. The failure of the Ottoman system to time for Armenia and its neighbors to come to- Turk dictators were working on a far more ag- prevent the further decline of its empire led to gether and work toward building relationships gressive plan to deal with the Armenian peo- the overthrow of the government by a group of that will assure lasting peace. ple. By 1914, they were laying plans to elimi- reformists known as the Young Turks. It would Meanwhile, in America, the Armenian-Amer- nate the country's minoritiesÐstarting with the be under the Young Turks' rule between 1915 ican community continues to thrive and to pro- Armenian people. Segregating Armenians in and 1918 that Armenians would be forcibly vide assistance and solidarity to its country- the military, the Turks were able to work these taken from their homeland and killed. H2176 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Hundreds of thousands of Armenian men hostile actions against the Republic of Arme- cally and nationally. The Armenian people were rounded up and deported to Syria by nia. continue to aggressively transform tragedy into way of train and forced caravan marches. Ar- Mr. Speaker, the Government of Turkey triumph, and I salute the power of their spirit. menian women and children were subjected to should immediately lift its illegal blockade of As we mark the anniversary of these horrific indescribable cruelties prior to losing their lives Armenia. In addition, Turkey must stop ob- events, we need to heed the lessons learned as well. While many Armenians survived the structing the delivery of United States humani- and accept nothing less than absolute intoler- conditions of the packed cattle cars, they did tarian assistance to Armenia. This is not only ance for this sort of behavior. Not only will we not survive the Syrian desert. Killed by bandits unconscionable but it also damages American- continue to remember and mourn the loss of or conditions from desert heat and exhaustion, Turkish relations. Turkey is indeed an impor- so many Armenians, but we must also take most victims of the forced caravan marches tant ally of the United States. However, until notice and cease this action immediately did not even reach the killing centers in Syria. Turkey faces up to its past and stops its silent worldwide. We must ensure that such a trag- While others perished in the concentration but destructive campaign against the republic edy will never again be visited upon any peo- camps in the Syrian desert where disease, of Armenia, United States-Turkey relations will ple in the world. starvation, and other health conditions brought not rise to their full potential. Mr. ROTHMAN. Mr. Speaker, I rise today to about their demise. Mr. Speaker, the United States must con- join my colleagues in honoring the memory of This genocide, which was preceded by a tinue to be a strong ally of Armenia. We must the 1.5 million martyrs of the Armenian Geno- series of massacres in 1894±1896 and in target our assistance to promote Armenian cide. I want to begin by thanking the co-chairs 1909 and was followed by another series of trade, long-term economic self-sufficiency, and of the Armenian Caucus, Representatives massacres in 1920, essentially dispersed Ar- Democratic pluralism. We must also continue JOHN PORTER and FRANK PALLONE, for orga- menians and removed them from their historic to support section 907 of the Freedom Sup- nizing this special order which pays tribute to homeland. The persecution of the Armenian port Act, which is aimed at penalizing coun- the victims of one of history's most terrible people has left psychological scars among the tries like Azerbaijan that prevent the trans- tragedies. survivors and their families. No person should shipment of United States humanitarian relief I am proud to be a cosponsor of H.R. 398, have to endure the trauma and horrors that through their territory. the ``United States Training on and Com- they have. Finally, our government must speak with memoration of the Armenian Genocide Reso- On May 2, 1995, I had the honor of meeting one voice when it comes to the matter of the lution.'' This bill rightly calls upon the Presi- the former Armenian Ambassador to the Armenian Genocide. While Congress has dent of the United States to provide for appro- United States, Rouben Robert Shugarian, at a used the word genocide to describe the ac- priate training and materials to all U.S. Foreign Congressional reception commemorating the tions of the Ottoman Government against its Service officers, officials of the Department of 80th anniversary of the Armenian genocide. Armenian population, the United States Gov- State, and any other executive branch em- Ambassador Shugarian introduced me to sev- ernment has not been as forthcoming. It is ployee involved in responding to issues re- eral survivors of the 1915 genocide. This ex- time for the President to put diplomatic nice- lated to human rights, ethnic cleansing, and perience was a deeply moving and personal ties and Turkish sensitivities aside, and speak genocide by familiarizing them with the U.S. reminder of the 1.5 million Armenians who directly to the American people and to the record relating to the Armenian Genocide. Fur- perished during the systematic extermination world. Genocide is the only word that does ther, H.R. 398 calls on the President to issue by the Ottoman Empire. justice to the memory of 1.5 million Armenian an annual message commemorating the Ar- It is important that we not only commemo- men, women and children that were victimized menian Genocide on or about April 24, to rate the Armenian Genocide, but honor the by the implementation of a deliberate, pre- characterize in this statement the systematic memory of those who lost their lives during meditated plan to eliminate them as a people and deliberate annihilation of 1,500,000 Arme- this time. We must never forget this horrific from the face of the Earth. I stand here tonight nians as genocide, and also to recall the and shameful time in world history so that it to say that they have not been forgotten. proud history of U.S. intervention in opposition will never be repeated again. Mr. WEYGAND. Mr. Speaker, I come before to the Armenian Genocide. Mr. MARTINEZ. Mr. Speaker, I rise today to you today to recognize the Armenian Geno- Mr. Speaker, since my election to Congress join my colleagues in commemorating the 85th cide. Over a period of nine years, more than in 1966, I have worked to affirm the historical anniversary of the Armenian Genocide. one million Armenians were systematically record of the Armenian Genocide and have The spirits of 1.5 million Armenian men, persecuted, expelled, and displaced from their sought to respond directly to those who deny women and children who perished at the homeland in eastern Turkey. The horrific what was the first crime against humanity of hands of the Ottoman Turks cry out for justice. shadows of this prejudicial, killing campaign the 20th century. As the eminent historian Pro- The collective weight of their deaths hangs continues to haunt us. May this day of remem- fessor Vahakn Dadrian wrote in a brief pre- like the Sword of Damocles over Turkey's re- brance and the stories shared here rever- pared on the Armenian Genocide last year for fusal to recognize the sins of its past. berate through the Nation so that history is not the Canadian Parliament, ``When a crime of Mr. Speaker, eighty-five years after the bru- able to repeat itself. such magnitude continues to be denied, caus- tal decapitation of the political, religious and Unfortunately, too few Americans know ing doubt in many well-meaning and impartial economic leadership of Armenian society; much about the suffering of the Armenian peo- people, one must refute such denial by pro- eighty-five years after the forced marches of ple from 1915 to 1923. During these years, ducing evidence that is as compelling as pos- starvation; eighty-five years after its genocidal the Young Turk government of the Ottoman sible.'' I share this belief and for that reason campaign against its Armenian population, the Empire attempted to eradicate all traces of the I strongly support the goals laid out in H.R. Turkish Government continues to deny the un- Armenian people and their culture from Tur- 398. I look forward to working hard to secure deniable. key. To expedite their demise, the government this worthwhile bill's passage by the House Mr. Speaker, the Armenian Genocide is an ordered direct killings, instituted starvation ini- International Relations Committee and further, historical factÐa fact that has been indelibly tiatives, participated in torture tactics, and by working to ensure that it secures broad, bi- etched in the annals of history. It cannot be forced death marches. By all accounts, this partisan support when it is considered by the wiped away from our collective conscience. It persecution was purposeful and deliberative. full House of Representatives. cannot be denied. The systematic slaughter of Such outrageous behaviors and insurmount- Again, I thank Representatives PORTER and 1.5 million Armenians stands as one of the able prosecution can only be deemed appro- PALLONE for organizing this special order and darkest and bloodiest chapters of the twentieth priately by the term ``genocide'', for a genocide I urge all my colleagues to cosponsor H.R. century. From 1915 to 1923, the government implies complete annihilation and destruction. 398. of the Ottoman Empire carried out a cal- For political reasons, the United States gov- Mr. MCNULTY. Mr. Speaker, I join today culated policy of mass extermination against ernment has long refused to accept this exter- with many of my colleagues in remembering its Armenian citizens. mination and expulsion as such, fortunately the victims of the Armenian Genocide. The Turkish Government has a moral obli- that is rapidly changing. From 1915 to 1923, the world witnessed the gation to acknowledge the Armenian Geno- As we remember those whose lives were first genocide of the 20th century. This was cide. Just as Germany has come to grips and lost, let us also pay tribute to those whose clearly one of the world's greatest tragediesÐ atoned for the Jewish Holocaust, Turkey must lives continue to thrive in spite of this dark his- the deliberate and systematic Ottoman annihi- recognize and atone for the Armenian Geno- tory. The individuals that constitute the large lation of 1.5 million Armenian men, women, cide. To heal the open wounds of the past, Armenian-American population in our country and children. Turkey must come to terms with its past. Tur- continue to offer their communities valuable Furthermore, another 500,000 refugees fled key must also come to terms with its present services and significant contributions both lo- and escaped to various points around the April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2177 worldÐeffectively eliminating the Armenian community. Over the years, members of the ters the eleventh year of the blockade, the Ad- population of the Ottoman Empire. Armenian-American community throughout the ministration is again asking Congress to re- From these ashes arose hope and promise United States have contributed millions of dol- peal this one protection afforded the belea- in 1991Ðand I was blessed to see it. I was lars and countless hours of their time to var- guered nation. I stand in strong support of one of the four international observers from ious Armenian causes. Of particular note are Section 907, which sends a clear message the United States Congress to monitor Arme- Mrs. Vicki Hovanessian and her husband, Dr. that the United States Congress stands behind nia's independence referendum. I went to the Raffi Hovanessian, residents of Indiana's First the current peace process and encourages communities in the northern part of Armenia, Congressional District, who have continually Azerbaijan to work with the Organization for and I watched in awe as 95 percent of the worked to improve the quality of life in Arme- Security and Cooperation in Europe's Minsk people over the age of 18 went out and voted. nia, as well as in Northwest Indiana. Two Group toward a meaningful and lasting resolu- The Armenian people had been denied free- other Armenian-American families in my con- tion. In the end, I believe Section 907 will help dom for so many years and, clearly, they were gressional district, Heratch and Sonya conclude a conflict that threatens to desta- very excited about this new opportunity. Al- Doumanian and Ara and Rosy Yeretsian, have bilize the entire region and places the Arme- most no one stayed home. They were all out also contributed greatly toward charitable nian nation in distinct peril. in the streets going to the polling places. I works in the United States and Armenia. Their Mr. Speaker, I would like to thank my col- watched in amazement as people stood in line efforts, together with hundreds of other mem- leagues, Representatives JOHN PORTER and for hours to get into these small polling places bers of the Armenian-American community, FRANK PALLONE, for organizing this special and vote. have helped to finance several important order to commemorate the 58th Anniversary of Then, after they voted, the other interesting projects in Armenia, including the construction the Armenian genocide. Their efforts will not thing was that they did not go home. They had of new schools, a mammography clinic, and a only help bring needed attention to this tragic brought covered dishes with them, and all of crucial roadway connecting Armenia to period in world history, but also serve to re- these polling places had little banquets after- Nagorno Karabagh. mind us of our duty to protect basic human ward to celebrate what had just happened. In the House, I have tried to assist the ef- rights and freedoms around the world. What a great thrill it was to join them the forts of my Armenian-American constituency Mr. CAPUANO. Mr. Speaker, I rise today to next day in the streets of Yerevan when they by continually supporting foreign aid to Arme- commemorate the 85th anniversary of the Ar- were celebrating their great victory. Ninety- nia. This last year, with my support, Armenia menian Genocide. I am a proud cosponsor of eight percent of the people who voted cast received over $100 million of the $240 million H. Res. 398 which commemorates the victims their ballots in favor of independence. It was in U.S. aid earmarked for the Southern of the Armenian Genocide by calling on the a wonderful experience to be there with them Caucasus. I strongly oppose the Administra- President to honor the 1.5 million victims of when they danced and sang and shouted, tion's efforts to increase aid to other Southern the Armenian Genocide and to provide edu- `Ketze azat ankakh Hayastan'Ðlong live free Caucasus nations at the expense of Armenia. cational tools for our Foreign Diplomats re- and independent Armenia! That should be the The Armenian people have a long and sponsible for addressing issues of human cry of freedom-loving people everywhere. proud history. In the fourth century, they be- rights, ethnic cleansing, and genocide. Mr. VISCLOSKY. Mr. Speaker, I rise today came the first nation to embrace Christianity. Throughout three decades in the late nine- in solemn memorial to the estimated 1.5 mil- During World War I, the Ottoman Empire was teenth and early twentieth centuries, Arme- lion men, women, and children who lost their ruled by an organization known as the Young nians were systematically uprooted from their lives during the Armenian Genocide. As in the Turk Committee, which allied with Germany. homeland of three thousand years, and mil- past, I am pleased to join so many distin- Amid fighting in the Ottoman Empire's eastern lions were deported or massacred. From 1894 guished House colleagues on both sides of Anatolian provinces, the historic heartland of through 1896, three hundred thousand Arme- the aisle in ensuring that the horrors wrought the Christian Armenians, Ottoman authorities nians were ruthlessly murdered. Again in upon the Armenian people are never re- ordered the deportation and execution of all 1909, thirty thousand Armenians were mas- peated. Armenians in the region. By the end of 1923, sacred in Cilicia, and their villages were de- On April 24, 1915, over 200 religious, polit- virtually the entire Armenian population of stroyed. ical, and intellectual leaders of the Armenian Anatolia and western Armenia had either been On April 24, 1915, two hundred Armenian community were brutally executed by the killed or deported. religious, political, and intellectual leaders Turkish Government in Istanbul. Over the In order to help preserve the memory of were arbitrarily arrested, taken to Turkey and course of the next 8 years, this war of ethnic these dark years in Armenian history, I am a murdered. This incident marks a dark and sol- genocide against the Armenian community in proud supporter of efforts by Representatives emn period in the history of the Armenian peo- the Ottoman Empire took the lives of over half GEORGE RADANOVICH and DAVID BONIOR to ple. From 1915 to 1923, the Ottoman Empire the world's Armenian population. promote the use of the recorded history of launched a systematic campaign to extermi- Sadly, there are some people who still deny these events to demonstrate to America's For- nate Armenians. In eight short years, more the very existence of this period which saw eign Service officers and State Department of- than 1.5 million Armenians suffered through the institutionalized slaughter of the Armenian ficials the circumstances which can push a na- atrocities such as deportation, forced slavery, people and dismantling of Armenian culture. tion along the path to genocide. Their meas- and torture. Most were ultimately murdered. To those who would question these events, I ure, H. Res. 398, the United States Training The tragedy of the Armenian Genocide has point to the numerous reports contained in the on and Commemoration of the Armenian been acknowledged around the world, in United States National Archives detailing the Genocide Resolution, would also call upon the countries like Argentina, Belgium, Canada, Cy- process that systematically decimated the Ar- President to characterize this policy of depor- prus, France, Great Britain, Greece, Lebanon, menian population of the Ottoman Empire. tation and execution by the Ottomans as gen- Russia, the United States, and Uruguay, as However, old records are too easily forgot- ocidal, and to recognize the American opposi- well as international organizations such as the tenÐand dismissed. That is why we come to- tion and attempts at intervention during this Council of Europe, the European Parliament, gether every year at this time: to remember in period. and the United Nations. words what some may wish to file away in ar- While it is important to keep the lessons of Yet, despite irrefutable evidence, Turkey chives. This genocide did take place, and history in mind, we must also remain com- has refused, for over 85 years, to acknowl- these lives were taken. That memory must mitted to protecting Armenia from new and edge the Armenian Genocide. Even in present keep us forever vigilant in our efforts to pre- more hostile aggressors. In the last decade, day, Turkey continues to have inimicable rela- vent these atrocities from ever happening thousands of lives have been lost and more tions with Armenia. In addition to denying the again. than a million people displaced in the struggle crimes committed against the Armenian peo- I am proud to note that Armenian immi- between Armenia and Azerbaijan over ple, Turkey continues to block the flow of hu- grants found, in the United States, a country Nagorno-Karabagh. Even now, as we rise to manitarian aid and commerce to Armenia. where their culture could take root and thrive. commemorate the accomplishments of the Ar- I personally admire the dedication and per- In my district in Northwest Indiana, a vibrant menian people and mourn the tragedies they severance of the Armenian-American commu- Armenian-American community has developed have suffered, Azerbaijan, Turkey, and other nity, and their ever present vigil to educate the and strong ties to Armenia continue to flourish. countries continue to engage in a debilitating world of their painful history. In spite of their My predecessor in the House, the late Adam blockade of this free nation. historic struggles, children and grandchildren Benjamin, was of Armenian heritage, and his Section 907 of the Freedom Support Act re- of the survivors of the Armenian Genocide distinguished service in the House serves as stricts U.S. aid for Azerbaijan as a result of have gone on to make invaluable contributions an example to the entire Northwest Indiana this blockade. Unfortunately, as Armenia en- to society, while at the same time preserving H2178 CONGRESSIONAL RECORD — HOUSE April 12, 2000 their heritage and unique identity. Over 60,000 the history of mankind, and today we stand of their Turkish persecutors. We must educate Armenian-Americans live in the greater Boston with our Armenian brothers and sisters, to re- our children to tolerate each other's dif- area. Within Massachusetts, many of these member and commit ourselves to a better fu- ferences and embrace a healthy respect for Armenians have formed public outreach ture in their memory. humanity. Only by instilling future generations groups seeking to educate society about Ar- Mr. MOAKLEY. Mr. Speaker, I am glad to with an understanding of these terrible events menia's culture. join with my colleagues in this solemn remem- in the past may we prevent them from reoc- I made the observation last year about how brance of the Armenian genocide. It is vitally curring in the future. We must not fail to live sad and frustrating it was that at the beginning important that we never forget the Armenian up to our collective responsibilities; the victims of this century, Armenians were murdered en people who died in that tragedy, and all those of this terrible tragedy deserve nothing less. masse and now, at the end of the 20th cen- who were persecuted in those difficult years Mr. KENNEDY of Rhode Island. Mr. Speak- tury, the same type of brutal killing of innocent that followed. er, today, we commemorate the Armenian people continues. The human race has now As we know, on April 24, 1915, Turkish offi- Genocide of April 24th 1915, and in so doing entered a new millennium, and we must be cials arrested and exiled more than 200 Arme- honor the memories of those who survived more vigilant about holding governments ac- nian political, intellectual and religious leaders. and those who were killed on that tragic night. countable for their actions. Last September, in This symbolic cleansing of Armenian leaders It is hard to talk about that date and many East Timor, thousands of men, women, and began a reign of terror against the Armenian would prefer not to, but if we cannot recognize children were mercilessly slaughtered; in Si- people that lasted until 1923, and resulted in the tragedies of the past, how can we avoid erra Leone, thousands of children have been the death of more than 1.5 million Armenians. them in the future? Ethnic violence and geno- brutally maimed; and in Chechnya, hundreds Over that eight year period another 500,000 cide have marred our collective history from its of women and children have been forced to Armenians were displaced from their homes. earliest days, challenging generations through- flee their homes, the number of deaths remain Mr. Speaker, many of the survivors of the out time. Yet we cannot forget these events; unknown. By acknowledging and commemo- Armenian genocide came to the United States, we cannot cover up, ignore, or rewrite history so that these crimes against humanity dis- rating the Armenian Genocide, the U.S. and and have made countless contributions to our appear. many other countries are sending a message society. We know them well as our friends and neighbors. For years, these survivors and their Our Nation's connection to the Armenian that governments cannot operate with impunity people is great, as has been their contribution descendants have told the painful story of towards our fellow man. to the United States. In my home state of Let me end by saying, that as a member of their past, which often fell on deaf ears. I am Rhode Island, we have one of the largest pop- the Congressional Armenian Caucus, I will glad to lend my voice, along with so many ulations of Armenians in the country and the continue to work with my colleagues and with other of my colleagues today, to show the State is blessed with the gifts of the Armenian world how important the Armenians' story is to the Armenian-Americans in my district to pro- community. To truly honor those gifts, we our historyÐand our future. It is amazing how mote investment and prosperity in Armenia. must take time every year to understand what often history will repeat itself, and how often We must continue to be vigilant, we must pre- that community has been through, and the we don't listen to the past. The memory of the serve the rich identities of Armenians, and we part of their history that is the Armenian Geno- must work towards ending crimes against all Armenian Genocide, no matter how cruel and cide. That is why on this day we remember humanity. brutal, must serve as a lesson to us all to the unjustifiable, unprovoked, and undeniable Mr. LEVIN. Mr. Speaker, I am proud to join never ignore such actions again. massacre of Armenians by the Ottoman Em- Mr. FORBES. Mr. Speaker, I rise today with my colleagues in Congress to commemorate pire. What the Ottoman Empire began that solemn reflection to remember one of the the 85th anniversary of the Armenian Geno- night 85 years ago was a policy of ethnic cide. most inhumane episodes of the 20th Century, cleansing. It can be called nothing else. Between 1894 and 1923, approximately two the Armenian Genocide. From 1915 to 1922, Today, brave American men and women million Armenians were massacred, per- the Ottoman Empire, ruled by Muslim Turks serve in our Armed Forces across the globe. secuted, and exiled by the Turk government of carried out a policy to exterminate its Christian They do more than protect nations, they serve the Ottoman Empire. This campaign of murder Armenian minority. The genocide started with as reminders to the world and ourselves of and oppression, perpetrated by the Turk gov- a series of massacres in 1894±1896, and what our country stands for. The Armenian ernment attempted to systematically wipe out again in 1909. This was followed by another Genocide should also serve as a reminder, of the Armenian population of Anatolia, their his- series of massacres, which began in 1920. By what will happen if we do nothing in the face toric homeland. 1922 the Armenians had been eradicated from of potential tragedies. It serves as a reminder Even though the Turk government held war their historic homeland. that we must do better to protect peace and crime trials and condemned to death the chief There were three prevailing aspects of the stability and human rights around the world. perpetrators of this heinous crime against hu- Armenian Genocide: the deportations, the Mr. DINGELL. Mr. Speaker, the sick man of manity, the vast majority of the culpable were massacres, and the concentration camps. The Europe had been dying a slow death. It was set free. To this day, the Turk government de- deportations affected the majority of Arme- a particularly dark time in Europe when the nies the Armenian Genocide ever took place. nians in the Turkish Empire. From as far north sick man finally succumbed, and an empire Indeed, the government of Turkey goes as the Black Sea and as far west as European collapsed. During World War IÐa tumultuous, even further calling the Armenians ``traitors'' Turkey, Armenians were forcibly removed and revolutionary time of great societal trans- who collaborated with the enemies of the Otto- transported to the Syrian Desert. At many of formations and uncertain futures on the battle- man Empire during war. We cannot permit these relocation sites, large-scale massacres fields and at homeÐdesperate Ottoman lead- such blatant disregard and denial to continue. were carried out. The few survivors were dis- ers fell back on the one weapon that could Genocide is genocide, no matter how, when, persed across Syria, Iraq, and as far south as offer hope of personal survival. It is a weapon or where it happens. Palestine. that is still used today, fed by fear, despera- Mr. Speaker, there are many living survivors Winston Churchill once observed that ``In tion, and hatred. It transforms the average cit- in my district. The memory of their tragedy still 1915 the Turkish Government began and ruth- izen into a zealot, no longer willing to listen to haunts them. They participate each year in lessly carried out the infamous general mas- reason. This weapon is, of course, nation- commemoration ceremonies with the hope sacre and deportation of Armenians in Asia alism. Wrongly directed, nationalism can easily that the world will not forget their anguish. Minor. There can be no reasonable doubt that result in ethnic strife and senseless genocide, They hope that one day the Turkish govern- this crime was planned and executed for polit- committed in the name of false beliefs ment will show signs of remorse for a crime ical reasons.'' preached by immoral, irresponsible, reprehen- committed by their ancestors. Our former Ambassador to the Ottoman sible leaders. To me, Mr. Speaker, the Armenian Geno- Empire (1913±16) Henry Morgenthau stated Today I rise not to speak of the present, but cide is not just a footnote in history. It is that ``when the Turkish authorities gave the or- in memory of the victims of the past, who suf- something that people all over the world feel ders for those deportations, they were merely fered needlessly in the flames of vicious, de- very deeply about. It is an issue above politics giving the death warrant to a whole race; they structive nationalism. On April 24, 1915, the and partisanship. It is a question of morality. understood this well, and, in their conversa- leaders of the Ottoman government tragically Mr. Speaker, it is imperative that each of us tions with me, they made no particular attempt chose to systematically exterminate an entire works to ensure that our generation and future to conceal this fact.'' race of people. We gather in solemn remem- generations never again witness such inhu- We must keep in mind the historical per- brance of the result of that decision, remem- man behavior and suffering. The crime of spective of this terrible tragedy. Over 1.8 mil- bering the loss of one-and-a-half million Arme- genocide must never again be allowed to mar lion Armenian civilians perished at the hands nians. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2179 The story of the Armenian genocide is in has been diligent in keeping the history of the collection and records on the Armenian Geno- itself appalling. It is against everything our Armenian Genocide alive and contemporary. A cide with the House International Relations governmentÐand indeed all governments who series of lectures to study genocide issues Committee, the U.S. Holocaust Memorial Mu- strive for justiceÐstands for; it represents the and present them to the general public have seum, and the Armenian Genocide Museum in most wicked side of humanity. What makes been organized over the past year by the Armenia. the Armenian story even more unfortunate is Center for Holocaust Studies of Clark Univer- We must all share the information, share the history has repeated itself in all corners of the sity, the Center for Human Rights at Worces- history, and keep the memory of the Armenian world, and lessons that should have been ter State College, and the Armenian National Genocide alive. Central Massachusetts is learned long ago have been ignored. Committee of Central Massachusetts. It was doing its part. I call upon my President to en- We must not forget the Armenian genocide, my pleasure to participate in one of these fo- sure the U.S. government does all it can to the Holocaust, Rwanda, or Bosnia. Today, on rums looking at the tragedy of East Timor and honor and officially recognize the Armenian this grim anniversary, we must remember why its relation to past genocides. Genocide. our armed forces fought in the skies over Last month, the forum brought Dr. Israel Mrs. KELLY. Mr. Speaker, I rise today and Yugoslavia last year. Charny, executive director of the Institute on join with my colleagues in remembering the We must not sit idly by and be spectators to the Holocaust and Genocide, and professor of 85th anniversary of the Armenian Genocide. I the same kind of violence that killed so many psychology and family therapy at Hebrew Uni- would like to thank the other members of the Armenians; we must not watch as innocent versity in Israel, to speak at Worcester State Congressional Caucus on Armenian Issues, people are brutalized not for what they have College. and particularly the co-chairmen, Mr. PORTER done, but simply for who they are. Ethnic Dr. Charny is recognized as a leading Holo- and Mr. PALLONE, for their tireless efforts in or- cleansing is genocide and can not be ignored caust and genocide scholar. He is credited as ganizing this fitting tribute. by a just and compassionate country. We owe one of the primary figures in the development Eighty-five years ago Monday, April 24, it to the victims of past genocides to stamp out of the field of Comparative Genocide Studies, 1915, the nightmare in Armenia began. Hun- this form of inhumanity. which approaches particular genocides, includ- dreds of Armenian religious, political, and edu- It is an honor and privilege to represent a ing the Holocaust, as part of an ongoing his- cational leaders were arrested, exiled, or mur- large and active Armenian population, many tory of many genocides. This field strives to dered. These events marked the beginning of who have family members who were per- understand and prevent genocide as a human the systematic persecution of the Armenian secuted by their Ottoman Turkish rulers. rights problem and a social phenomenon that people by the Ottoman Empire, and also Michigan's Armenian-American community has concerns all people. launched the first genocide of the 20th cen- done much to further our state's commercial, In his lecture at Worcester State College, tury. Over the next eight years, 1.5 million Ar- political, and intellectual growth, just as it has Dr. Charny spoke of his growing concern menians were put to death and 500,000 more done in communities across the country. And about denials of known genocides. He de- were exiled from their homes. These atrocities so I also rise today to honor to the triumph of scribes denial as ``the last stage of genocide,'' are among the most cruel and inhumane acts the Armenian people, who have endured ad- ``political and psychological warfare,'' and ``a that have ever been recorded. versity and bettered our country. killing of the record of history.'' As we reflect today on the horrors that were But again, Mr. Speaker, it is also my hope Charny goes on to describe some of the initiated 85 years ago, I cannot help but be that in honoring the victims of the past, we methods of denial. For example, there is ``ma- disturbed by those who wish to deny that learn one fundamental lesson from their expe- levolent bigotry,'' or a sloppy out and out ex- these deeds occurred. Despite the over- rience: Never Again! pression of hateful denial. Another tactic is whelming evidence to the contraryÐeye- Mr. MCGOVERN. Mr. Speaker, I am grateful ``definitionalism,'' which insists on defining par- witness accounts, official archives, photo- for the opportunity to honor the memory of the ticular cases of mass murder as not genocide. graphic evidence, diplomatic reports, and testi- one and a half million Armenians who were And yet another is ``human shallowness,'' or a mony of survivorsÐthey reject the claim that massacred and the over 500,000 Armenian dulling of the genuine sense of tragedy and genocide, or any other crime for that matter, survivors who fled into exile during the 1915± moral outrage toward such acts. Sadly, we to±1923 genocide carried out by Ottoman Tur- have seen all of these, even on American col- was perpetrated against Armenians. Well, His- key. lege campuses, used to undermine the histor- tory tells a different story. Let me read a quote from Henry Morgen- As Henry Morgenthau, Sr., the U.S. Ambas- ical record of the Armenian Genocide. sador to the Ottoman Empire stated, ``I am We are blessed in Worcester to have the thau, Sr., U.S. Ambassador to the Ottoman confident that the whole history of the human united efforts of Clark University, Worcester Empire at the time: ``When the Turkish authori- race contains no such horrible episode as this. State College and the Arnenian National Com- ties gave the orders for these deportations, The great massacres and persecutions of the mittee of central Massachusetts to combat they were merely giving the death warrant to past seem almost insignificant when compared such attempts to deny history. a whole race; they understood this well, and, to the suffering of the Armenian race in 1915.'' Last Sunday, on April 9th, ANC of Central in their conversations with me, they made no The new century marks the 85th Anniver- Massachusetts sponsored a lecture in particular attempt to conceal the fact....'' sary of the Armenian Genocide. I would have Worcester by Dr. Hilmar Kaiser, who is a The world knows the truth about this tragic liked to proclaim that the United States and noted scholar on the Armenian Genocide. Dr. episode in human affairs. We will not allow the international community now recognize Hilmar also spent the weekend in Franklin, those who wish to rewrite History to absolve this tragic historic event with official com- Massachusetts, at Camp Haiastan to partici- themselves from responsibility for their ac- memorations. I would have liked to announce pate in the Genocide Educational Weekend for tions. This evening's event here in the House that the Government of Turkey officially ac- the Armenian Youth Federation. of Representatives is testament to that fact. knowledges the Genocide. Unfortunately, we I am also looking forward to attending the We can only hope that the recognition and enter the year 2000 with continuing acts of de- memorial service on April 24th, organized by condemnation of this, and other instances of nial that this Genocide took place, efforts to the Worcester Armenian churches, to com- genocide, will prevent a similar instance from re-write the historical record, and the refusal memorate the 85th Anniversary of the Arme- happening again in the 21st Century. by many governments, including the United nian Genocide. That service will be held at the In addition, I also encourage my colleagues States, to use officially the word ``genocide'' to Church of Our Savior on Salisbury Street in to join me and the 37 other members who describe the deliberate murder of hundreds of Worcester. have cosponsored H. Res. 398, offered by thousands of Armenians. Mr. Speaker, it is not just for our past, but Representative RANDANOVICH. This resolution Entire villages were destroyed. Entire fami- for our future, that we remember and com- will help affirm the record of the United States lies were exterminated. There can be no for- memorate the tragedy of the Armenian Geno- on the Armenian Genocide and will play a role giveness, no peace for the dead, no comfort cideÐand not just annually, but every day of in educating others about the atrocities that for the families of survivors, until Turkey and the year. I am proud to be a cosponsor of H. were committed against the Armenian people. the nations of the world officially acknowledge Res. 398, introduced by my colleagues Con- It is critical that we continue to acknowledge this Genocide. gressman RADANOVICH and Congressman this terrible tragedy to ensure that it is neither Surely as we enter the new millennium, the BONIOR, to ensure that U.S. diplomatic per- forgotten nor ignored. United States, Turkey and the international sonnel and other executive branch officials are I would like to once again thank the orga- community should make this simple, but pro- well-trained in issues related to human rights, nizers of this event and I would like to once found, statement of fact. ethnic cleansing and genocide. again reaffirm my sincere thanks for being I'm very proud to say that Central Massa- I am proud to be a cosponsor of H. Res. given the opportunity to participate in this sol- chusetts, and especially the City of Worcester, 155 to have the U.S. government share its emn remembrance. H2180 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Mr. WAXMAN. Mr. Speaker, I join my col- Muslim Turks, carried out a series of mas- bility for and apologized for it. Yet, the Turkish leagues in commemorating the 85th anniver- sacres in order to eliminate its Christian Arme- Government continues to deny that the Arme- sary of the Armenian Genocide. nian minority. By 1923, 1.5 million Armenians nian genocide ever took place. On April 24, 1915, the Ottoman government were brutally killed, while another 500,000 The past year has seen small steps of unleashed an eight-year assault against its Ar- were deported. Stateless and penniless. Ar- progress concerning Turkey's relationship with menian population. During this brutal cam- menians were forced to move to any country its neighbors. The devastating earthquakes of paign, one and a half million innocent men, that afforded refuge. Many found their way to last summer in Turkey and subsequently women, and children were murdered, Arme- the United States, while others escaped to Greece, allowed various nations in the region, nian communities were systematically de- countries such as Russia and France. including Armenia, to work together on hu- stroyed, and over one million people were Future generations must be made aware of manitarian grounds. Turkey's EU candidacy is forcibly deported. this historic event in our world history. It is un- forcing it to face its problems both with its The pain of these atrocities is only com- fortunate that the Republic of Turkey refuses neighbors Greece, and Cyprus as well as in- pounded by the Turkish government's revi- to acknowledges the genocide against the Ar- ternal problems such as its continuing human sionism and denial of the tragic events that menians. Innocent people were deprived of rights violations. took place. This is what Elie Wiesel has called their freedom and senselessly killed because Although I am encouraged by these small a ``double killing''Ðmurdering the dignity of the of their religious or political beliefs. steps, Turkey has yet to show the world that survivors and the remembrance of the crime. Armenia has made great strides to become it is serious about solving the human rights It is incumbent upon us to stand up against an independent state. In 1992 the newly inde- problems within its borders. Remaining in jail these efforts and make United States records pendent republic of Armenia, became a mem- are the Kurdish parliamentarians who were ar- documenting this period available to students, ber of the United Nations, and in 1995 held rested over six years ago as well as numerous historians, and the descendants of those who their first open legislative elections. human rights workers. At the end of 1999, survived. Since the genocide, various acts of human Turkey had the second highest number of This somber anniversary is a tribute to the rights violations have continued to take place journalists in jailÐeighteenÐthe only country memory of the victims of the Armenian Geno- around the world. If we ever hope to prevent in the world with more was China. I sincerely cide, and a painful reminder that the world's further genocides we must never forget the hope Turkey's desire to become part of the inaction left a tragic precedent for other acts of atrocities endured by the Armenian people. EU community will require Turkey to improve senseless bloodshed. The road from Armenia f its internal human rights problems as well as to Auschwitz is direct. If more attention had ARMENIAN GENOCIDE face its past and acknowledge its role in one been centered on the slaughter of these inno- of the 20th centuries greatest tragediesÐthe cent men, women, and children, perhaps the The SPEAKER pro tempore. Under a Armenian Genocide. events of the Holocaust might never have previous order of the House, the gen- Armenians will remain vigilant to ensure that taken place. tleman from Illinois (Mr. PORTER) is this tragic history is not repeated. The United Today, we vow once more that genocide will recognized for 5 minutes. States should do all that it can in this regard not go unnoticed and unmourned. We pledge Mr. PORTER. Mr. Speaker, today I come to as well, including a clear message about the to stand up against governments that per- the floor to commemorate the anniversary of historical fact of the Armenian Genocide. We secute their own people, and declare our com- one of the darkest stains on the history of do Turkey no favors by enabling her self-delu- mitment to fight all crimes against humanity Western CivilizationÐthe genocide of the Ar- sion, and we make ourselves hypocrites when and the efforts to hide them from the rest of menian people by the Ottoman Turkish Em- we fail to sound the alarm on what is hap- the world. pire. I greatly appreciate the strong support of pening today in Turkey. Ms. STABENOW. Mr. Speaker, today I join so many of our colleagues in this effort, espe- Armenia has made amazing progress in re- with my colleagues in what has become an cially the gentleman from New Jersey, Mr. building a society and a nationÐa triumph of annual event in which none of us take great PALLONE, my fellow co-chairman of the Arme- the human spirit in the face of dramatic obsta- joy in. Today, the Turkish government still de- nian Issues Caucus. cles. Armenia is committed to democracy, nies the Armenian genocide and it does so to I wish, as every Member does, that this market economics and the rule of law. Even in its own detriment. All of us would like to see Special Order did not have to take place. But the face of the tragedy which befell the Arme- the denial in Ankara end. The Armenian geno- every year, I return to the floor in April to nian Government last October, where eight cide happened. The historic fact, Mr. Speaker, speak out about the past. To fail to remember people were murdered in the parliament in- is that 1.5 million Armenians were killed and the past, not only dishonors the victims and cluding the Prime Minister Sarkisian, the Ar- over 500,000 deported from 1894 to 1921. survivorsÐit encourages future tyrants to be- menian Government and its people remain On April 24, 1915, 300 Armenian leaders, lieve that they can commit such heinous acts committed to freedom and democracy. I will writers and intellectuals were rounded up, de- with impunity. Unfortunately, we have seen continue to take a strong stand in Congress in ported and killed. 5000 other poor Armenians over and over the tragic results of hatred and support of these principles and respect for were killed in their homes. The Turkish gov- ignorance: the Holocaust, the Rwandan Geno- human rights, and I am proud to stand with ernment continues to deny the Armenian cide, the ethnic cleansing in the former Yugo- Armenia in so doing. We must never forget genocide and claims that Armenians were only slavia, the continued mass killing in the Sudan what happened to the Armenians 85 years removed from the eastern war zone. America and the massacres in East Timor last fall. And ago, just as we must never overlook the has been enriched in countless ways from the far too often the so-called civilized nations of human rights violations which are happening survivors of the Armenian genocide who have the world turned a blind eye. today in all corners of the world. On April 24, 1915, over 200 Armenian reli- come here. As a representative from Michi- f gan, I want to especially highlight that we gious, political and intellectual leaders were have been blessed by the contributions of the arrested in Istanbul and killed, marking the be- b 1730 Armenian communities. ginning of an 8-year campaign which resulted IN REMEMBRANCE OF THE Today I rise to call upon the Republic of in the destruction of the ethnic Armenian com- ARMENIAN HOLOCAUST Turkey, an ally of the United States, to admit munity which had previously lived in Anatolia what happened. Mr. Speaker, we want Turkey and Western Armenia. Between 1915 and The SPEAKER pro tempore (Mr. to see its history for what it is so it can see 1923, approximately 1.5 million men, women FOSSELLA). Under a previous order of its future for what it can be. Let us all rise and children were deported, forced into slave the House, the gentleman from Massa- today to commemorate the Armenian geno- labor camps, tortured and eventually chusetts (Mr. TIERNEY) is recognized cide and hope that events like it never happen exterminated. for 5 minutes. again. The Armenian Genocide was the first geno- Mr. TIERNEY. Mr. Speaker, today I Mrs. MCCARTHY of New York. Mr. Speak- cide of the modern age and has been recog- rise to commemorate one of the most er, I rise today with my colleagues to acknowl- nized as a precursor of subsequent attempts tragic events in the 20th century and edge the horrific events that occurred during to destroy a race through an official systematic that is, of course, the Armenian Geno- the Armenian Genocide from 1915 to 1923, effort. Congress has consistently demanded cide of 1915 to 1923. It ranks amongst the final days of the Ottoman Empire. recognition of the historical fact of the Arme- the most tragic episodes. It was the The horror of the Genocide is seared in the nian Genocide. The modern German Govern- first but unfortunately not the last of minds of Armenians around the world. Begin- ment, although not itself responsible for the the incidents of ethnic genocide that ning in 1915 the Ottoman Empire, ruled by horrors of the Holocaust, has taken responsi- the world experienced during the last April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2181 century. More than one and a half mil- this genocide; and we must overcome caust, and in doing so it has at least lion innocent Armenians had their that effort, and we must never forget. been respected by the peoples of the lives ended mercilessly. Let us look at the historical record. world for its honesty. Turkey should It is staggering to even contemplate The American ambassador to the Otto- follow that example rather than trying the idea of one and a half million peo- man Empire in 1919 was an eyewitness. to buy chairs at American universities ple having their lives ended so arbi- In his memoirs, he said, ‘‘When the to deny history. trarily, but we must remember the vic- Turkish authorities gave the order for Mr. Speaker, we must go beyond tims of this genocide as they were, not these deportations they were merely merely remembering the Armenian numbers but mothers and fathers and giving the death warrant to an entire Genocide and also insist that the sur- sons and daughters, brothers, sisters, race. They understood this well and in vivors of that genocide are treated aunts, uncles, cousins and, of course, their conversations with me made no justly, that the people of Armenia and friends. Each and every victim had particular attempt to conceal this Artsakh enjoy freedom and independ- hopes, dreams, and a life that deserved fact.’’ ence; and we must end the blockade of to be lived to the fullest. He went on to describe what he saw Armenia imposed by Turkey. It is our duty to remember them at the Euphrates River, and he said, as Mr. Speaker, when it comes to this today and every day. As we stand here our eyes and ears in the Ottoman Em- genocide, we must say, and say loudly, today at the beginning of a new cen- pire, because that is the role an ambas- never again and never forget. tury and a new millennium, we should sador plays, in the year 1919, ‘‘I have by f take a moment to speak about the need no means told the most terrible de- WHAT DO WE WANT CHINA TO BE that that tragic event serves as a con- tails, for a complete narration of the 20 YEARS FROM NOW OR EVEN 50 stant reminder for us to be on guard sadistic orgies of which they, the Ar- YEARS FROM NOW? against the repression of any people, menian men and women, are victims particularly any oppression based on can never be printed in an American The SPEAKER pro tempore. Under a their race or their religion. publication. Whatever crimes the most previous order of the House, the gen- Unfortunately, during the genocide, perverted instincts of the human mind tleman from California (Mr. the world turned a blind eye to the hor- can devise, whatever refinements of CUNNINGHAM) is recognized for 5 min- rors that were inflicted. Too often dur- persecution and injustice the most de- utes. ing the last century the world stood si- based imagination can conceive, be- Mr. CUNNINGHAM. Mr. Speaker, I lent while whole races and religions came the daily misfortune of the Arme- would like to associate myself with the were attacked and nearly annihilated. nian people.’’ remarks of my colleagues on both sides As the saying goes, those who forget As other speakers have pointed out, of the aisle, remembering the genocide history are doomed to repeat it. We this was the first genocide of the 20th of the Armenians, but I would like to must never forget the important les- century, and it laid the foundation for add this: that there are Armenian chil- sons of the Armenian Genocide. the Holocaust to follow. dren dying today in Armenia. While As a member, Mr. Speaker, of the We can never forget that 8 days be- other nations brutalize Armenia, the Congressional Armenian Caucus, I join fore he invaded Poland, Adolf Hitler White House and State Department cut many others in the House of Represent- turned to his inner circle and said, funds for Armenia. They are not the atives working hopefully to bring peace ‘‘Who today remembers the extermi- only White House and State Depart- and stability to Armenia and its neigh- nation of the Armenians?’’ The impu- ment to do so, but there is enough of boring countries. Division and hatred nity with which the Turkish govern- us, instead of making just a resolution, can only lead to more division and ha- ment acted in annihilating the Arme- to make a binding resolution for the tred, as has too often been proved. nian people emboldened Adolf Hitler White House to do something about it. Hopefully the work of the caucus and and his inner circle to carry out the Also, I should speak to another event of others committed to the same cause Holocaust of the Jewish people. Unfor- I had not planned on speaking to to- will help ensure that an atrocity such tunately, today there is an organized night, but I actually resent some of the as the genocide will never happen again effort to expunge from the memory of statements made earlier tonight. My in Armenia or elsewhere. the human race this genocide, and it wife and daughters attend Catholic While I might not be Armenian, Mr. focuses on our academic institutions. mass at Saint James Parish, and the Speaker, my wife is and many, many of Mr. Speaker, I am a proud graduate speaker of this House took the well and our friends, which causes me, of course, of UCLA; and a few years ago UCLA shamed those Democrats that would to say ‘‘yes odar empaytz seerdus high was offered a million dollars to create use religion for political gain. I heard e.’’ a special chair that would be under the this again tonight. I ask the minority I am not Armenian but my heart is, partial control of the Turkish govern- leader to ask to put an end to their and we all should have our heart with ment, a chair in history that would side of using religion for politics. It them on this particular occasion. have been used to cover up and to dis- does not belong in this Chamber. I have f claim and to deny the first genocide of attended events at synagogues, at par- the 20th century. ishes and churches, but what I would WE MUST REMEMBER THE ARME- Mr. Speaker, I am very proud of not attend is a fund-raiser at a Bud- NIAN GENOCIDE SO THAT IT UCLA for many things. I was there dhist temple. NEVER HAPPENS AGAIN when Bill Walton led us to the NCAA The real reason I came tonight, Mr. The SPEAKER pro tempore. Under a championship, but I was never prouder Speaker, was to talk about PNTR for previous order of the House, the gen- of my alma mater than when UCLA China. I would like to present some tleman from California (Mr. SHERMAN) said no to a million dollars; and it is thoughts. China is a rogue nation. The is recognized for 5 minutes. important that every American aca- issue generates strong-held opinions on Mr. SHERMAN. Mr. Speaker, like demic institution say no to genocide both sides and both Republicans and many of my colleagues, I rise to re- denial. Democrats are split on this particular member the Armenian Genocide which It is also important that the State issue. Even myself, I personally strug- took place over several years, but the Department go beyond shallow, hollow gled, knowing what a rogue nation that remembrance day is to remember an reminders and remembrances of this China is, the human rights violations, event 85 years ago, so this is a particu- day and step forward and use the word the national security threats, and what larly important anniversary of that genocide in describing the genocide of does it mean applying PNTR to China. genocide. the Armenian people at the hands of Communication is the shortest dis- We are asked why it is so important the Turks. tance between two points of view, and to come to this floor again and again It is time for Turkey to acknowledge I know that my mother, my children to remember. We must remember so this genocide, because only in that way and many Americans, if they never that it never happens again, and we can they rise above it. The German hear some of the positive points, they must remember because there is an or- government has been quite forth- are most likely not going to support ganized effort to hide and to disclaim coming in acknowledging the Holo- trade with China. H2182 CONGRESSIONAL RECORD — HOUSE April 12, 2000 I would like to present a couple of ARMENIAN GENOCIDE teaching the lessons of the Armenian those ideas. I recently traveled to Viet- The SPEAKER pro tempore. Under a genocide to future generations. We will nam with the gentleman from Ken- previous order of the House, the gentle- not forget. We will continue to bring tucky (Mr. ROGERS) and some of my woman from New York (Mrs. MALONEY) this to the floor every single year. We Democrat colleagues. We were there at is recognized for 5 minutes. will not forget. the request of Pete Peterson, a fellow Mrs. MALONEY of New York. Mr. f member that used to reside in this Speaker, as a proud member of the ARMENIAN GENOCIDE House, is now the ambassador to Viet- Congressional Caucus on Armenian nam. I was asked to help raise the flag Issues and the representative of a large The SPEAKER pro tempore (Mr. over North Vietnam for the first time and vibrant community of Armenian FOSSELLA). Under a previous order of in 25 years. It was very difficult; but Americans, some of whom lost their the House, the gentleman from Cali- while we were there, we stopped in loved ones in the genocide, I rise today fornia (Mr. ROYCE) is recognized for 5 Hanoi, and we had a chat with the to join my colleagues in the sad com- minutes. Communist minister, the head of Viet- memoration of the Armenian Genocide. Mr. ROYCE. Mr. Speaker, I would nam. I would like to thank my colleagues like to thank the leaders of the Arme- I asked a question. I said, Mr. Min- and cochairs of the Armenian Caucus, nian Caucus for bringing us together to ister, why will you not engage in trade the gentleman from New Jersey (Mr. honor the memory of a tragedy, not with Vietnam? And his answer was PALLONE) and the gentleman from Illi- just in Armenian history, but a trag- pretty forthcoming. He said, Congress- nois (Mr. PORTER), for their dedication edy in world history, a tragedy that man, trade to a Communist means that and their hard work on this issue and holds for us an important historical people will start privatizing and having other issues of human rights. lesson and one that should be acknowl- their own things; and if trade is fol- Today, we pause to remember the edged. lowed through in Vietnam, then we as tragedy of the Armenian Genocide. As discussed, it was 85 years ago that Communists will no longer have power. More than 1.5 million Armenians were the Ottoman Empire set out on a delib- At that moment I said, trade is good. systematically murdered at the hands erate campaign to exterminate the Ar- What do we want China to be 20 years of the young Turks and more than menian people. Over a period of years, from now or even 50 years from now, 500,000 more were deported from their between 1915 and 1923, as they went Mr. Speaker? I was in China some 20 homes. Monday, April 24, will mark the house to house, village to village, they years ago, and I want to say they have 85th anniversary of the beginning of massacred men, women, and children, a come a long way in 20 years, and it is the Armenian genocide. It was on that total of 1.5 million, and a half million not the same China as it was before. day in 1915 that more than 200 Arme- deported from their homelands to es- One sees democracy sprouting up. One nian religious, political, and intellec- cape their terror. sees things like Tianenmen Square and tual leaders were arrested in Con- At the end of these 8 years, the Ar- people fighting for democracy. Democ- stantinople, now Istanbul, and killed. menian population in certain areas in racy and freedom are viruses to the This was the beginning of a brutal, or- Turkey, in Anatolia, in Western Arme- Communist Chinese. The more that we ganized campaign to eliminate the Ar- nia, that population was virtually can inject that into China, the more menian presence from the Ottoman eliminated. that their leaders go along with a bet- Empire that lasted for more than 8 At the time, as we have heard from ter economy. years, but Armenians are strong peo- our colleagues, Henry Morgantheau, China is riding a tiger. There are still ple, and their dreams of freedom did the U.S. ambassador to the Ottoman those that want, by totalitarian rule, not die. Empire, depicted the Turkish order for to control with national defense and More than 70 years after the geno- deportations as a death warrant to a hold people under the state command; cide, the new Republic of Armenia was whole race. but also the dictatorship there today born as the Soviet Union crumbled. Our ambassador recognized that this understands that the economy is im- Today, we pay tribute to the courage was ethnic cleansing. It is unfortunate portant to China. Taiwan supports and strength of a people who would not that the Turkish government to this trade in PNTR. Why? Taiwan knows know defeat; yet independence has not day does not recognize that this was that it will bring China more toward meant an end to their struggle. There ethnic cleansing. Let me just say that the United States and more toward a are still those who question the reality willful ignorance of the lessons of his- democracy instead of more toward of the Armenian slaughter. There are tory doom people to repeat those same Communism. It is in their best inter- those who have failed to recognize its actions again and again. est, and Taiwan supports it. very existence; and my colleague, the We have also heard from our col- leagues tonight how Adolph Hitler We just attended a brief, many of us, gentleman from California (Mr. SHER- learned that same lesson, as he said, by Brent Scowcroft. He said there are MAN) spoke earlier about efforts at no downsides to PNTR; that this is UCLA to buy a chair that would really who remembers the Armenian geno- about U.S. products going to China. focus its time and attention to erasing cide? Well, it is important for us to re- China’s products already come to the the existence of this horrible occur- member these genocides. It is impor- United States, and there is a trade def- rence. tant that we learn the lesson from this 85-year-old tragedy. icit. b 1745 What do we want 20 years from now if In my home State of California, the we do not trade with China? It will be I join him in applauding UCLA and State Board of Education has incor- a negative, and we foster Communism other institutions that have turned porated the story of the Armenian instead of a good economy for both. down this request to put forward a lie. genocide in the social studies cur- As a strong supporter of human riculum, and this is the right thing to f rights, I am dismayed that the Turkish do. government continues to deny the sys- I am a cosponsor of House Resolution temic killing of 1.5 million Armenians 398, which calls upon the President of EXCHANGE OF SPECIAL ORDER in their country. the United States to provide for appro- TIME We must not allow the horror of the priate training and materials on the Mrs. MALONEY of New York. Mr. Armenian genocide to be either dimin- Armenian genocide to all foreign serv- Speaker, I ask unanimous consent to ished or denied, and we must continue ice officers and all State Department claim the special order time of the gen- to speak out and preserve the memory officials. tleman from Massachusetts (Mr. of the Armenian loss. Why is this important? Because we MCGOVERN). We can never let the truth of this want them to better understand geno- The SPEAKER pro tempore. Is there tragedy be denied. Nothing we can do cide wherever it threatens to erupt. We objection to the request of the gentle- or say will bring back those who per- want them to understand the nature woman from New York? ished. But we can hold high the memo- and origins of genocide. We want them There was no objection. ries with everlasting meaning by to help raise the world’s public opinion April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2183 against genocide, wherever it starts to REMEMBERING THE ARMENIAN the tragedies in Armenia’s history out foment. GENOCIDE of the shadows and into the light. By recognizing and learning about The SPEAKER pro tempore. Under a House Resolution 155, the U.S. the crime against humanity, specifi- previous order of the House, the gentle- Record on the Armenian Genocide Res- cally about the Armenian genocide, we woman from California (Ms. ESHOO) is olution, directs the President to pro- can begin to honor the courage of its recognized for 5 minutes. vide a complete collection of all United victims and commemorate the strides Ms. ESHOO. Mr. Speaker, I rise this States records related to the Armenian made by its survivors and hope that evening with all of my colleagues that genocide to document and affirm the others will not have to go down the have come to the floor, members of the United States record of protest in rec- track following the experiences that Armenian Caucus here in the House of ognition of this crime against human- were suffered by the people of Armenia, Representatives, on the occasion of the ity. only to be followed by the Jewish geno- anniversary of the 1915 Armenian geno- House Resolution 398, the U.S. Train- cide and other genocides that we have cide to remember the 11⁄2 million ing on and Commemoration of the Ar- seen, such as the one going on in human beings, the women, the chil- menian Genocide Resolution would af- Southern Sudan today. dren, the men who were killed, and the firm the U.S. record on the genocide So, again, let me commemorate and 500,000 Armenians forcibly deported by and would very importantly educate let me thank the Armenian Caucus for the Ottoman Empire during an 8-year others about the atrocities committed bringing this issue to us on this anni- reign of brutal repression. and the lessons we can learn from this versary of that genocide. Armenians were deprived of their tragedy against the people of Armenia. f homes, their humanity, and ultimately These are but two important steps we in the Congress can immediately take COMMEMORATION OF THE their lives. Yet, America, as the great- today. ARMENIAN GENOCIDE est democracy and the land of freedom, has not yet made an official statement I urge my colleagues to support these The SPEAKER pro tempore. Under a regarding the Armenian genocide. efforts to pass these bills. previous order of the House, the gentle- Today, there are some in Congress, In closing, I want to pay tribute to woman from California (Mrs. some in our country that ignore the all of my colleagues that come to the NAPOLITANO) is recognized for 5 min- lessons of the past by refusing to com- floor every year on this. For those of utes. ment on the events surrounding the my colleagues that are tuned into C- Mrs. NAPOLITANO. Mr. Speaker, I join my genocide. They are encouraging new SPAN, Republicans, Democrats of all colleagues today to remember one of the hardships for Armenia by moving to backgrounds from different States, worst atrocities of the twentieth centuryÐthe lift sanctions against Azerbaijan communities across our Nation who Armenian Genocide. April 24 will be the caused by their continuing blockade of recognize what took place, and come to eighty-fifth anniversary of the beginning of the Armenia. the floor in humble tribute to those Armenian Genocide. Since that date falls dur- I am very proud, Mr. Speaker, of my that gave their lives. ing the April recess and the House will be out heritage. I am part Armenian and part But it is up to us that really are en- of session, I have chosen to make my re- Assyrian. I believe the only Member of trusted with the life and the well-being marks today. Congress both in the House and the of our Nation. Yes, to acknowledge and From 1915 to 1923, one-and-a-half million Senate to claim these heritages. I came to pay tribute and to say how impor- Armenians died and countless others suffered to this understanding, not just when I tant this is. But as we do, understand as a result of the systematic and deliberate arrived in the Congress, as so many of that we do it for the enlightenment of campaign of genocide by the rulers of the us at the knees of our grandparents and our young people and to remind our- Ottoman Turkish Empire. Half a million Arme- the elders in our family, we were told selves that wherever anything like this nians who escaped death were deported from firsthand the stories of the hardship raises its head around the globe that their homelands, in modern-day Turkey, to the and the suffering. we, as Members of the United States harsh deserts of the Middle East. That is how I come to this under- Congress, and as citizens of this great We cannot let succeeding generations for- standing and this knowledge and why I Nation, that we will give voice to that. get these horrible atrocities, nor deny that they bring this story and this understanding So I pay tribute to all of my col- ever happened. Therefore it is important for to the floor of the House and, indeed, leagues. Those people who are resting the U.S. Government to recognize the Arme- to the House of Representatives. in peace, perhaps where they are look- nian Genocide and do what it can to ensure I am very proud of this heritage and ing from are smiling and saying thank that the genocide's historical records are pre- the contributions which my people you to Members of the Congress for served, just as the artifacts of the nazi holo- have made to this great Nation. They recognizing this. It is a sad time, but caust are preserved. By keeping memories have distinguished themselves in the the recognition is well deserved. alive through preserving history, we and our arts, in law, in academics, in every f children can learn about the chilling con- walk of life in our great Nation, and PROJECT EXILE sequences of mass hatred, bigotry and intoler- they keep making important contribu- ance. And hopefully, by teaching and remind- tions to the life of this Nation. The SPEAKER pro tempore. Under a ing ourselves of past atrocities, humanity will It is inconceivable to me that this previous order of the House, the gen- not be doomed to repeat them. Nation would choose in some quarters tleman from Florida (Mr. WELDON) is The Armenian-American communities to keep its head in the sand by not recognized for 5 minutes. throughout the United States, as well as all stating in the strongest terms our rec- Mr. WELDON of Florida. Mr. Speak- people of goodwill, stand firm in our resolve ognition of the genocide and our objec- er, I rise tonight to speak about a piece not to let the world forget the Armenian Geno- tion to what took place. of legislation passed on the floor of this cide. In solidarity with the victims of the Jew- Why do I say this? Because I think it House yesterday, Project Exile. Project ish Holocaust, the Cambodian massacres, the is very important to express very pub- Exile will send $100 million to quali- Tutsi Genocide in Rwanda, and ethnic cleans- licly, not only acknowledge what hap- fying States who require a minimum 5- ing in the Balkans, we must continually recog- pened, but also understand that when year sentence for criminals who use nize these crimes against humanity and stead- we acknowledge that we are then guns. This will send a clear message to fastly oppose the use of genocide anywhere in teaching present and future genera- criminals that, if they use a gun, they the world. tions of the events of yesteryear. As we will go to jail, and they will go to jail In closing, I hope that every American will move to educate today’s generation for 5 years. stand in solidarity with our Armenian sisters about these lessons, we also express to Project Exile will reverse the current and brothers to commemorate the eighty-fifth them what we have learned. situation and put criminals behind the anniversary of the Armenian Genocide. Let us To deny that a genocide occurred bars of justice rather than law-abiding honor all victims of torture and genocide by places a black mark on the values that citizens of America being behind bars paying tribute to their memory, showing them our great Nation stands and fights for. on the windows of their own homes. compassion, and never forgetting the suffering I am proud to be a cosponsor, of course, Today, the average gun felon is they have endured. of responsible legislation that brings locked up for about 18 months then H2184 CONGRESSIONAL RECORD — HOUSE April 12, 2000 they are free to ravage our neighbor- crimes out there and that Americans they believed they came down with hoods and our communities, our chil- are too ill tempered to be trusted with cancers, with beryllium disease, with dren’s playgrounds, and our schools. I guns. But as my colleagues might asbestosis, with a variety of other ill- say, if they are going to do the crime, guess, the facts tell a different picture. nesses. They were very heart-wrench- they need to do the time. Seventy-five percent of murderers have ing stories. Project Exile finally focuses prosecu- adult criminal records. And a large Today, I introduce a piece of legisla- tion on criminals rather than laying portion of the other 25 percent have ar- tion that will be comprehensive legis- the blame on firearms. Laws on guns rests and convictions as juveniles that lation. It will deal with all of these in- only affect law-abiding citizens. Crimi- are sealed under the cloak of youth of- juries that occurred and that were nals, by their very nature, do not obey fender protections, or they are actually talked about at Los Alamos. It is com- laws. We need common sense enforce- teenagers when they kill. prehensive in the sense that it will ment of existing law. Another interesting note is that 90 cover beryllium, it will cover radi- For decades, the anti-second amend- percent of adult murderers have adult ation, it will cover asbestos, and it will ment lobby has attacked gun manufac- criminal records. Why do we pretend, cover chemicals that these workers turers and law-abiding citizens, de- when we discover that criminals com- were exposed to. manding laws and restrictions that fur- mit crimes, why do we pretend to be The legislation provides that the ther impede the inalienable rights of shocked? Over 99 percent of the gun workers will be able to come forward, Americans to protect themselves, their owners in America responsibly use the very similar to the Workmen’s Com- loved ones, and their property. The guns that they have for hunting or pro- pensation program that is in place for anti-second amendment lobby has used tection. Why does the liberal anti-sec- the Federal Government. They will be a series of lies and half truths to spew ond amendment crowd want to con- able to demonstrate their exposure and a message and strike fear in the hearts tinue placing burden upon burden on what the illness was. of America. the 99 percent of gun owners who are My legislation will also provide that David Kopel recently wrote an excel- law-abiding citizens? during the 180-day period, while their lent piece in the April 17 issue of the With the passage of Project Exile: claim is pending, that they will be able National Review. He listed many of the The Safe Streets and Neighborhoods to get health care for free at the near- prominent lies of the anti-gun crowd. Act, we are trying to protect law-abid- est Veterans Hospital. I believe it is critical in any debate ing citizens from these hardened gun- And the burden is on the Govern- that we discuss the merits of any issue shooting criminals, criminals who have ment, because many of these individ- based on fact, not on myth. Today I no respect for life nor for any other in- uals came forward and talked about want to correct some of the misin- dividual. Americans for too long have how they had worked their whole life, formation that is out there so that we been held hostage by the thugs and and they knew there were exposures; can base our decisions on fact alone. drug dealers, the robbers and the gang but then, at the end of their period of The first myth is that, up to 17 chil- members, and the lawless and the out- time, they asked for their records and dren are killed every day in gun vio- law. We must reclaim our streets and there were no records. Their records lence. I agree that even one child killed reclaim our communities and reclaim were lost. So under those cir- by a gun is one too many. Parents who our American heritage. We need to cumstances, we clearly have to put the choose to have guns in their home need move forward with other important burden on the Government. to be cautious, conscientious, and legislation like this. So I would urge my colleagues today, aware of the gun, where it is, and abso- f while my bill is specifically directed to lutely certain that no child has access New Mexico, I know there are many WORKER COMPENSATION FOR NA- to it. other colleagues around the country TIONAL LABORATORY EMPLOY- However, this statistic that 17 chil- that have this same situation in their EES dren die of gun violence every day is district. There are Democrats and Re- not exactly a fact. For that to be true, The SPEAKER pro tempore (Mr. publicans. All areas of the United one has to include 18- and 19-year-olds FOSSELLA). Under a previous order of States are represented. So I think this as well as even some young adults. the House, the gentleman from New is a great issue for us to join together Nearly all of the deaths that are count- Mexico (Mr. UDALL) is recognized for 5 in a bipartisan way and craft a solution ed in this statistic are members of minutes. to this problem at the national level. gangs, those in the act of committing a Mr. UDALL of New Mexico. Mr. The reason I think it is so important crime, or, unfortunately, those com- Speaker, I rise today to talk about the is that these workers were true patri- mitting suicide. The actual gun death issue of worker compensation. Today, ots. They were people that loved their rate for children under the age of 14 is the administration, Secretary Richard- country and cared about their country less than the rate of children who son, President Clinton, and Vice Presi- and worked for it at a very crucial drown in swimming pool accidents. dent GORE announced a worker com- time for us, so we need now to do some- The second lie is the so-called gun- pensation program for workers at the thing for them. show loophole. If any individual is en- national laboratories all across this f gaged in the business of selling fire- country. COMMEMORATION OF THE LIFE OF arms, no matter where the sale takes This has been a very sad chapter in HERMAN B. WELLS place, whether it be in a store, his the history of the United States. Work- home, or a gun show, the seller must ers have worked at these nuclear estab- The SPEAKER pro tempore (Mrs. file a government registration form on lishments and plants for many years, WILSON). Under a previous order of the every buyer and clear the sale through and they have been injured as a result, House, the gentleman from Indiana the FBI’s National Instant Check Sys- many of them have been injured, the (Mr. PEASE) is recognized for 5 min- tem. Department now acknowledges, as a re- utes. sult of occupational exposures. The De- Mr. PEASE. Madam Speaker, I rise b 1800 partment has decided to turn over a today to commemorate the life of Her- To hear the President and Vice Presi- new leaf, and I applaud their position man B. Wells, the 12th president of In- dent say it, and other anti-second on that; and I rise today to put a piece diana University, and the only person amendment people, one would think of legislation in the hopper to deal to serve that institution on three dif- that 98 percent of crimes occur with with this situation. ferent occasions as its chief executive guns that were bought at gun shows. In In New Mexico, about 3 weeks ago, I officer. reality, according to the 1997 National attended a hearing in my district In 1937, he was appointed acting Institute of Justice study, only 2 per- where workers came forward. They president. From 1938 to 1962, he was cent of guns used in crimes were pur- talked about how patriotic they were; president; in 1968 he was interim presi- chased at gun shows. they talked about how they were serv- dent; and from 1968 to 2000 he served as The third lie is that the average cit- ing their country for many, many chancellor. He died in Bloomington on izen is committing many of these gun years and, as a result of their work, March 18 and was buried the next week April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2185 in Jamestown, Indiana, his ancestral to know him personally, were most as- getic and intense. Seth was home. suredly lucky; and our lives have been turbocharged.’’ Seth’s hockey coach re- Part of Monroe County, where Indi- enriched in ways we could never before called meeting him after he completed ana University is located, and all of have imagined as a consequence of our basic training and saying, ‘‘In that Boone County, where Chancellor Wells contact with him. short time he had gone from a teenager was laid to rest, are in my district, the From the nationally and internation- to an adult. He had grown up.’’ seventh, of Indiana. As the representa- ally recognized faculty in whose classes Madam Speaker, nothing is more tive of that district in Congress, it is I studied, to the fraternity system tragic than a life so full of promise cut my privilege, indeed my honor, to based on the finest traditions of ethical short before its time. And there is no mark with pride the life and contribu- behavior that he fostered and from worse grief than that suffered by par- tions of this amazing son of Indiana. As which I benefited, to an enduring ideal- ents who must bury their child, be- one whose personal life was also ism and assuredness in the future that cause it is not the way life’s journey is touched by this wonderful man, I am imbued the IU campus, even in the supposed to go. humbled by the realization that it was midst of the difficulties of the late Lance Corporal Jones answered his in part his influence on my life that 1960s and early 1970s, my life has been country’s call and he knew the mean- made it possible for me to be here in shaped in many ways by my experi- ing of the word duty. While he did not the well of the House to share these ences at Indiana University. And ev- die in a hail of gunfire, Seth gave his thoughts. eryone who experienced Indiana Uni- life for his country nonetheless. Train- Though he would undoubtedly object versity was touched by Herman Wells. ing for the day when he might be called to the personal characterization, ob- Chancellor Wells often said that it is upon to defend his native land, he glad- serving the work of so many others, not what you do that counts; it is what ly shouldered a responsibility few of us Herman B. Wells transformed Indiana you help others to do that makes can fully appreciate. In an age when University from a modest Midwestern progress. I know no finer example of most kids are worried about what they State institution of 11,000 students to a this maxim than the chancellor him- are going to wear on Saturday night, world-class institution of research, self. Indiana has lost one of its greatest Seth was jumping out of helicopters service, and teaching with more than sons. I have lost a mentor and friend. and practicing hostage rescue. 30,000 students in Bloomington, the And yet our grief at this inestimable Madam Speaker, surrounded by the luxury of our system of government main campus, and more than 80,000 stu- lost is assuaged by the realization that that is afforded us, we often forget that dents on eight campuses across the the university he helped build endures there are still people among us whose State. His insistence on academic ex- as one of the world’s great institutions, job it is to carry rifles into battle, who cellence from faculty and from stu- stamped with his principles and person- shoot at our enemies and are in turn dents, and his willingness to actively ality. And for those of us who knew shot at, so that we may continue to support the excellence he encouraged, him personally, there is the memory of live as a free people. There are men resulted in the development of one of the sparkle in the eye, the engagement like Lance Corporal Jones who are fa- the world’s finest schools of music, the of the intellect, and the smile in the miliar with the chill of a night spent in attraction of eminent scholars, includ- heart that was and remains Herman B. a foxhole and the exhaustion of a ing Nobel laureates, the development Wells. forced march who protect those of us of one of the finest collections of rare With apologies to the lyrics of our who are not. books in the world, and much more. He alma mater for this temporary emen- John Stuart Mill once wrote, ‘‘A man was a fierce defender of academic free- dation, ‘‘He’s the pride of Indiana.’’ We who has nothing he cares about more dom, as witnessed among other things loved him, we will miss him, we are deeply than his personal safety is a by his steadfast support of the Kinsey better because of him. miserable creature who has no chance Institute, at its time one of the most f of being free, unless made and kept so controversial research centers in the COMMEMORATING THE LIFE OF by the exertions of better men than Nation. himself.’’ Lance Corporal Jones, and He has served on more national and LANCE CORPORAL SETH G. JONES the Marines who lost their lives, were international cultural, educational, The SPEAKER pro tempore. Under a the very guardians of our liberty, and development commissions and previous order of the House, the gen- Madam Speaker, the men whose exer- agencies and been honored by more na- tleman from Oregon (Mr. WALDEN) is tions keep us free. To his family, to his tional governments, nongovernmental recognized for 5 minutes. country, and to his Corps, Lance Cor- organizations, and international enti- Mr. WALDEN of Oregon. Madam poral Jones, like his fellow fallen Ma- ties than I can list in the time allotted Speaker, I rise today with profound rines, was as the Marine Corps motto me today. Suffice it to say that he was sadness to honor the short, yet excep- tional life of Lance Corporal Seth G. reads: Always faithful. a man of incredible vision, equally in- While the cause of this tragic acci- Jones, who perished last Saturday, credible talent, and a commitment to dent is still unknown, this morning I along with 18 fellow Marines, in an air- humanity that transcended race, gen- met with Lieutenant General Fred craft crash near Marana, Arizona. der, religion, and national borders. McCorkle, deputy chief of staff for the Yet he never lost the personal touch, Madam Speaker, Lance Corporal Marine Corps Aviation, to underscore grounded in his intense interest in each Jones was only 18 years of age. A na- the need for a full investigation to be human being he met as simply a person tive of Bend, Oregon, and a graduate of undertaken to ensure that the equip- and, thereby, imbued with an innate Mountain View High School, he joined ment used by our men and women in dignity that warranted treatment with the Marine Corps in February of 1999. uniform does not subject them to un- respect. And that is, in the final anal- After graduating from the Marine necessary risks. ysis, what made this man a giant in Corps Recruit Depot in San Diego, American education and culture. California, Seth fulfilled his long-held b 1815 Chancellor Wells once listed what he dream of serving in the infantry. At In this time of grief, my deepest sym- calls his ‘‘Maxims for a Young College the time of his death, he served as an pathy goes out to the family of Lance President, or How to Succeed Without assaultman assigned to the 3rd Bat- Corporal Jones as it does to the entire Really Trying.’’ His autobiography, talion, 5th Marines, stationed at Camp Marine Corps family. ‘‘Being Lucky,’’ derived its title from Pendleton, California. f the list, where he said, ‘‘My first Remembered by friends and family maxim is, be lucky.’’ alike as a motivated young American COMMEMORATING ARMENIAN Perhaps he was, though I suspect with a steadfast sense of patriotism GENOCIDE that he made more of his luck than and duty, Lance Corporal Jones was, The SPEAKER pro tempore (Mrs. just happened to come his way. I know quite simply, what parents want their WILSON). Under a previous order of the this, though, that those of us who at- children to grow up to be. His high House, the gentleman from California tended his Indiana University, and es- school ROTC instructor remembered (Mr. RADANOVICH) is recognized for 5 pecially those of us who, like me, came him as ‘‘more than enthusiastic, ener- minutes. H2186 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Mr. RADANOVICH. Madam Speaker, I am War has long been of great concern to the recently released Republican plan thankful for the opportunity to speak on this me as an educator, a United States rep- that will do absolutely nothing to help most important occasion. resentative, and simply as a member of the people of this country, especially I am proud to be here this evening to honor the global community. our senior citizens, who are struggling my Armenian friendsÐparticularly on the eve Each year many colleagues take this with these high prescription drug of the 85th anniversary of the Armenian Geno- special opportunity to recognize the prices. cide. I want to associate my comments with fact that more than a million and a The Republicans have finally re- an article that I recently read in the Jerusalem half Armenians were killed. In addi- leased that the seniors in their dis- Post, which said . . . ``The 1915 wholesale tion, much of the Armenian population tricts and across this country are massacre of Armenians by the Ottoman Turks was forcibly deported. This day coming struggling with these high prescription remains a core experience of the Armenian up, April 24, is an opportunity to re- drug prices. So they came up with a nation . . . While there is virtually zero toler- mind all Americans to join with the plan, a phony plan, one that does not ance for Holocaust denial, there is tacit ac- Armenians at home and in the United guarantee our seniors affordable pre- ceptance of the denial of the Armenian geno- States in commemoration and memory scription drugs. It does provide a plan cide in part because `the Turks have managed of those who lost their lives because of to protect the profits of the prescrip- to structure this debate so that people ques- the tragic events that took place from tion drug manufacturers in this coun- tion whether this really happened . . .' '' Well 1915 to 1918 and again from 1920 to 1923. try. They say that the seniors will be we know that the death of 1.5 million Arme- As an educator, it is important to able to buy private prescription drug nians by execution or starvation really hap- emphasize the role education should plans. Do these private plans mean pened, and we know that we must not tolerate play nationally, as well as globally, in that seniors will be able to afford their this denial. ensuring that we do not continue to see medicines? In fact we have an obligation to educate and racial intolerance or religious persecu- Madam Speaker, there is nothing in familiarize Americans with the U.S. record on tion which has in so many cases led to their plan that does that. The GAO pro- the Armenian Genocide. As Members of Con- so-called ethnic cleansing by mur- posal creates a brand new bureaucracy, gress, we must ensure that the legacy of the derous and perverted butchers. What a very inefficient counterproductive genocide is remembered so that this human an outrage for humans to treat other system for providing and subsidizing a tragedy will not be repeated. Toward that end humans such human killers of small drug benefit. We know that we need to I have sponsored H. Res. 398, the ``United children. provide a drug benefit for our senior States Training on and Commemoration of the Genocide is not just a chapter in the citizens, particularly those on Medi- Armenian Genocide Resolution.'' history of humankind that has been care. This bipartisan resolution calls upon the sealed and closed forever. It continues A recently released White House re- President to provide for appropriate training to be a progressively alarming problem port shows that 43 percent of rural resi- and materials to all Foreign Service officers, today, as our world grows smaller and dents on Medicare have no prescription officials of the Department of State, and any our population doubles every few years. drug coverage. Those without coverage other Executive Branch employee involved in Events during the last two decades, pay nearly twice as much out of pocket responding to issues related to human rights, Cambodia, Rwanda, Kosovo attest to as anyone else. The report is just an- ethnic cleansing, and genocide. As we have this fact. We must, therefore, strive to other justification that seniors need a seen in recent years, genocide and ethnic teach our children tolerance. Our fu- good prescription drug benefit under cleansing continues to plague nations around ture generations must not forget those Medicare. They need access to lower- the world, and as a great nation, we must al- darker moments of history in the 21st priced prescription drugs, like all the ways be attentive and willing to stand against century. The million and a half Arme- rest of the world has. Americans with- such atrocities. nians, the 6 million Jews murdered by out a prescription drug benefit spend My resolution also calls upon the President Adolph Hitler’s orders, the 2 million more for their medicine than anyone in the President's annual message commemo- Cambodians murdered by Pol Pot’s else in the world. orders. rating the Armenian Genocide to characterize The prescription drug manufacturers As long as Turkey continues to deny the systematic and deliberate annihilation of are now running ads under the guise of that millions of Armenians were killed the 1.5 million Armenians as genocide, and to Citizens for Better Medicare. This is a simply because of their ethnic identi- recall the proud history of the United States front group for the manufacturers. fication, we will continue to stand here intervention in opposition to the Armenian This ad claims that if you allow a rea- and take this important opportunity to Genocide. sonably-priced prescription drug to be ensure that the memory of the Arme- I hope my colleagues will join me in sup- sold in this country at relatively the nian Genocide is not forgotten. porting this important legislation. same price that it sold in other coun- f Madam Speaker, educators around the country should use April 24, a day tries that you threaten the research The SPEAKER pro tempore. Under a that a group of Armenian religious, po- and development, the fact is, in coun- previous order of the House, the gentle- litical, and intellectual leaders were tries where they sell these products for woman from Ohio (Ms. KAPTUR) is rec- arrested in Constantinople and bru- half as much as they do in America, ognized for 5 minutes. tally murdered by Turkish killers. It is they are increasing their research and (Ms. KAPTUR addressed the House. essential to cultivate awareness in our development faster than they are in Her remarks will appear hereafter in children of the past tragedies that have the United States. This just simply the Extensions of Remarks.) occurred. does not make any sense. f If we do not see the future dangers They say that to allow Americans to that will exist, if we refuse to acknowl- purchase prescription drugs at reason- ARMENIAN GENOCIDE edge, understand and vigorously oppose able prices and at fair prices, like all The SPEAKER pro tempore. Under a racial and religious intolerance, wher- the rest of the world has, that it would previous order of the House, the gen- ever it arises, it would be shame on us create a situation where our health tleman from California (Mr. HORN) is and it shall not be. care system would be in danger and recognized for 5 minutes. f that we would end up with a bad sys- Mr. HORN. Madam Speaker, I stand tem. There is nothing to that. before my colleagues today, as I have HIGH COSTS OF PRESCRIPTION This is just an attempt to frighten in times past, to recognize and pay DRUGS the senior citizens to think that they tribute to those who perished during The SPEAKER pro tempore. Under a may not have access at all to good the Armenian Genocide that began al- previous order of the House, the gen- medication. The fact is what the fright most nine decades ago. tleman from Arkansas (Mr. BERRY) is should be, what the fright is, the man- Turkey’s continued refusal to ac- recognized for 5 minutes. ufacturers are fearful that they will knowledge the atrocities committed Mr. BERRY. Madam Speaker, I rise lose their exorbitant profits that they against the Armenian people of the once again to address the high costs of squeeze from the pockets of our senior Ottoman Empire during the first World prescription drugs in this country, and citizens in this country every day. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2187 Their new ad claims that their inten- One such person, Madam Speaker, is And then once we have all that have tion is to import Canada’s government a former Reagan Republican office- data, we will make a decision, we will controls. holder who served as Assistant Sec- make a decision based upon informa- The truth is, Canada is now utilizing retary of Defense by the name of Law- tion and facts, not rhetoric to allow the purchasing power of the U.S. gov- rence Korb. Mr. Korb wrote an op-ed in some columnist to score political ernment. One way the Canadian gov- The New York Times on April 11 that is points in the New York Times. ernment keeps brand name drug com- filled with misinformation factually Madam Speaker, for the RECORD, I in- panies from price gauging is to see at incorrect, is a disservice to the Marine sert the following news release of the what price drug companies sell their Corps, and to all brave Americans who Marine Corps dated April 9; the state- products in other countries. wear the colors of this Nation. ment of General Fred McCorkle, Dep- In Canada, the price cannot exceed He is the defense equivalent of an uty Chief of Staff for Aviation for the the median price charged in other de- ambulance chaser. Before the inves- Marine Corps, dated April 11; and an veloping countries. Starting this year, tigation has even begun, he is trashing updated information packet on the the U.S. price Canada will use in the what General Jones calls the number- mishap, dated April 11 so that the international comparisons is the U.S. one priority of the Marine Corps, a ca- American people can see the real facts Federal supply schedule price. We now pability to replace an aircraft, the CH– of what occurred here as opposed to lis- have Canadians benefitting from the 46 helicopter, that is 50 years old, was tening to incompetent people like Law- purchasing power of the United States built for the Vietnam War, and which rence Korb. Government. But Americans cannot is suffering severe problems because of [News Release, U.S. Marine Corps, April 9, benefit from that. This is an outrage its age and because of its extended use 2000] that Canadians can benefit from U.S. well beyond the original life expect- MV–22 MISHAP INVESTIGATION Government discount that we refuse to ancy of the program. HEADQUARTERS MARINE CORPS, WASH- give our own Medicare recipients. In his article, Mr. Korb makes some INGTON, DC.—The Marine Corps is sending an I have introduced legislation that gross statements that really are a dis- aircraft mishap investigation team, headed would give U.S. seniors access to lower service to the Corps and to all brave by Colonel Dennis Bartels of Headquarters, prescription drug prices that seniors in Marines serving this country. He says Marine Corps, to Marana, AZ to determine all other countries enjoy, the Inter- that this program was objected to by the cause of Saturday night’s crash of an national Prescription Drug Parity Act. all senior officials from the Reagan, MV–22 Osprey that took the lives of all 19 The senior citizens in the district that Bush, and Clinton administrations. Marines aboard. ‘‘The entire Marine Corps family grieves I am fortunate to represent and in That is absolutely incorrect. In fact, it for the Marines we’ve lost in this tragedy every district know that they are sim- was former Navy Secretary John Dal- and our thoughts and prayers go out to their ply being robbed. ton would led the fight to keep the V– families,’’ said Gen. James Jones, Com- Senior citizens across this country 22 Osprey program alive for the Marine mandant of the Marine Corps. ‘‘We have sent expect every Member of Congress to Corps and eventually all of our serv- an expert team to Arizona to quickly inves- address this situation. Addressing the ices. tigate the circumstances surrounding this issues of cost and affordability for pre- He says in an article that these air- mishap.’’ scription drugs as well as finding a rea- craft cost $80 million each. When, if he Secretary of the Navy Richard Danzig sonable approach to offering drug cov- would have checked his facts, he would today released the following statement, ‘‘Evaluating new equipment and training for erage to Medicare recipients is abso- have found that the cost is closer to $40 war, like war itself, puts life at risk. In peace lutely essential. million per copy and would be lower if and war, Marines accept that risk—it is a f we were buying an adequate buy of bond between us. In that spirit, we grieve these aircraft as opposed to having TRAGIC LOSS OF U.S. MARINES today for our nineteen lost Marines and em- them stretched out at a very low-rate brace their families.’’ The SPEAKER pro tempore. Under a buy. He assesses that Congress only The MV–22 was conducting a training mis- previous order of the House, the gen- supported the saving of this program sion in support of Operational Evaluation tleman from Pennsylvania (Mr. because of the jobs that would be re- (OPEVAL) when it went down near Marana, WELDON) is recognized for 5 minutes. AZ. During the mission, the crew and Ma- tained in America. rines conducted Non-combatant Evacuation Mr. WELDON of Pennsylvania. Well, I would say to Mr. Korb, either Madam Speaker, this past Saturday Operations (NEO) exercises as part of the get his facts straight or keep his Weapons and Tactics Instructor course, with evening, we suffered a tragic loss in mouth shut. In fact, it was General Al Marines embarking and disembarking the America when a Marine Corps V–22 Os- Gray, the Commandant of the Marine aircraft. The mission was conducted at night prey crashed in a test mode and killed Corps, who testified before Congress utilizing night vision goggles (NVGs) and all 19 Marines on board the aircraft, a that he would never subject his war- forward-looking infrared radar (FLIR) to en- tragic loss of life. riors to what the opponents of the V–22 hance night operational capability. All America has joined with the Com- called a dual-sling option. Operational Evaluation is a test phase to mandant of the Marine Corps, General They said we will bolt two heli- determine the operational suitability of the Jones; the leaders in the Pentagon; and aircraft for the Marine Corps. It began in Oc- copters together and we will ask Ma- tober 1999 and is scheduled to conclude in the President in mourning the loss of rines to fly in those two helicopters to June 2000. these brave Americans. achieve the medium range over the ris- To date, the four Ospreys involved in Oper- This tragic incident is now under full ing capability that the V–22 offers. ational Evaluation have completed more investigation. Today I arranged for a Madam Speaker, the kind of rhetoric than 800 flight hours. During March, the full briefing for our colleagues where coming from people like Lawrence OPEVAL aircraft flew nearly 140 flight the Marine Corps presented a full up- Korb is really a disgrace to the Amer- hours, an average of 35 hours per aircraft. to-date assessment as to what has ican service person and Mr. Korb ought The mishap aircraft was part of the Multi- service Operational Test Team, based at Pa- taken place, what facts we know about to be ashamed of himself. tuxent River, MD, but was temporarily at- the incident, and what initial thoughts What we now need is, first of all, to tached to Marine Aviation Weapons and Tac- are occurring in terms of what caused mourn these families of these brave tics Squadron–1 at Marine Corps Air Station the accident. Marines. We need to let them know Yuma, AZ. It is obviously too early to tell, but that we are going to do everything pos- The names of the deceased are being with- we expect that within a few weeks we sible to take care of them and their held pending notification of next of kin. will know the basis upon which a deci- loved ones and we are going to get to [News Release, U.S. Marine Corps, April 9, sion can be made about the cause of the bottom of what caused this inci- 2000] this terribly tragic accident. dent. We will overturn every stone and NAMES OF ACCIDENT VICTIMS RELEASED But, Madam Speaker, before we even we will use every bit of capability that HEADQUARTERS MARINE CORPS, WASH- removed all of the remains of these we have to find out the cause of this INGTON, DC.—Marine Corps officials are ex- brave Marines, we have political oppor- terribly tragic accident. And we will pressing condolences to the families of 19 tunists around the country taking relay this information to the families Marines killed approximately 8 p.m. last shots at the program and making wild first, to Members of Congress, and then night when an MV–22 Osprey crashed near and outlandish statements. to the American public. Marana, Ariz. H2188 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Killed in the accident were: Weapons and Tactics Instructor Course, with this year and had been flown over 135 hours Sgt. Jose Alvarez, 28, a machinegunner as- Marines embarking and disembarking the to date. The total amount of flight time ac- signed to 3d Battalion, 5th Marine Regiment, aircraft. The mission was conducted at night cumulated by MV–22s to date is over 3600 1st Marine Division, of Uvalde, Texas. utilizing night vision goggles and forward- hours. Maj. John A. Brow, 39, a pilot assigned to looking infrared radar to enhance night The two pilots flying the aircraft were Marine Helicopter Squadron-1, of California, operational capability. very experienced, veteran pilots from Marine Md. Operational Evaluation is a test phase to Helicopter Squadron One. One had nearly PFC Gabriel C. Clevenger, 21, a determine the operational suitability of the 3800 hours and the other had over 2100 hours. machinegunner assigned to 3d Battalion, 5th aircraft for the Marine Corps. It began in Oc- Both pilots were approaching 100 hours of Marine Regiment, 1st Marine Division, of tober 1999 and is scheduled to conclude in flight time in the MV–22 and had over 100 Picher, Okla. June 2000. MV–22 simulator hours. Additionally, the PFC Alfred Corona, 23, a machinegunner To date, the four Ospreys involved in Oper- aircraft was crewed by two of our very finest assigned to 3d Battalion, 5th Marine Regi- ational Evaluation have completed more enlisted Marines. ment, 1st Marine Division, of San Antonio, than 800 flight hours. During March, the The aircraft is equipped with a Crash Sur- Texas. OPEVAL aircraft flew nearly 140 flight vivable Memory Unit (CSMU) that records Lance Corporal Jason T. Duke, 28, a hours, an average of 35 hours per aircraft. 227 separate aircraft parameters that should machinegunner assigned to 3d Battalion, 5th The mishap aircraft was part of the Multi- provide invaluable insight into the cause of Marine Regiment, 1st Marine Division, of service Operational Test Team, based at Pa- this mishap. These parameters include air- Sacramento, Calif. tuxent River, Md., but was temporarily at- craft performance data (airspeed, altitude, Lance Corporal Jesus Gonzales Sanchez, 27, tached to Marine Aviation Weapons and Tac- heading, etc), engine performance data and an assaultman assigned to 3d Battalion, 5th tics Squadron-1 at Marine Corps Air Station information on any potential system mal- Marine Regiment, 1st Marine Division, of Yuma, Ariz. functions indicated. Efforts to retrieve this San Diego, Calif. component from the aircraft are ongoing. Maj. Brooks S. Gruber, 34, a pilot assigned PREPARED STATEMENT ON MV–22 MISHAP BY We are distributing a photo of the Marana to Marine Helicopter Squadron-1, of Jack- LTGEN FRED MCCORKLE, HEADQUARTERS Northwest Regional Airport that depicts the sonville, NC. MARINE CORPS (APRIL 11, 2000) intended point of landing for the flight of the Lance Corporal Seth G. Jones, 18, an First and foremost, I would like to say two aircraft involved. This package also con- assaultman assigned to 3d Battalion, 5th Ma- that our thoughts and prayers are with the tains a data sheet and information relating rine Regiment, 1st Marine Division, of Bend, families of our Marines who were tragically to the exercise being conducted. Ore. taken from us Saturday night. Obviously, Throughout this tragic and challenging 2nd Lieutenant Clayton J. Kennedy, 24, a time, we have been supported by a number of platoon commander assigned to 3d Battalion, there are no words that can express our sad- ness and sense of loss in this situation. Our local law enforcement agencies, fire depart- 5th Marine Regiment, 1st Marine Division, of ments and National Guard and reserve units Clifton Bosque, Texas. Marine Corps is a tight-knit family, and each of us feels the loss of these Marines. We are in Arizona. The American Red Cross con- Cpl. Kelly S. Keith, 22, aircraft crew chief tinues to provide support on the scene. We assigned to Marine Helicopter Squadron-1, of with the families now and we will continue to assist them in the difficult days ahead. truly appreciate their superb support in Florence, SC. these efforts to take care of our Marines. Cpl. Eric J. Martinez, 21, a field radio oper- Our number one concern at this time is their well-being. Our work as Marines comes with some dan- ator assigned to Marine Wing Communica- ger and risks, but we strive to do everything tions Squadron 38, Marine Air Control Group While the mishap is currently under inves- tigation, there are some things I would like we can to minimize those risks. As Secretary 38, of Coconino, Ariz. Danzig so aptly stated Sunday, ‘‘Evaluating Lance Corporal Jorge A. Morin, 21, an to relay to you and then I will answer what- ever questions I can. new equipment and training for war, like assaultman assigned to 3d Battalion, 5th Ma- war itself, puts life at risk. In peace and war, rine Regiment, 1st Marine Division, of The Commandant has sent Col Dennis Bartels from our staff to lead the expert in- Marines accept that risk—it is a bond be- McAllen, Texas. tween us. In that spirit we grieve today for Corporal Adam C. Neely, 22, a rifleman as- vestigation team. I spoke with Col Bartels our lost Marines.’’ signed to 3d Battalion, 5th Marine Regiment, last night and he has assured me that the in- Finally, I would like to conclude by again 1st Marine Division, of Winthrop, Wash. vestigation is well underway. There is, how- saying that our thoughts and prayers are Staff Sgt. William B. Nelson, 30, a satellite ever, no determination at this time as to the with the families of our fallen Marines. We communications specialist with Marine Air cause of the mishap. Let me emphatically are taking care of the families now and will Control Group-38, of Richmond, Va. state that we are committed to finding the continue to assist them in every way pos- PFC Kenneth O. Paddio, 23, a rifleman as- truth. One thing I want to clarify from my sible in the difficult days ahead. I will now signed to 3d Battalion, 5th Marine Regiment, comments yesterday, the incident was ob- answer what questions I can at this point. 1st Marine Division, of Houston, Texas. served on an F/A–18 FLIR but it was not PFC George P. Santos, 19, a rifleman as- videotaped. signed to 3d Battalion, 5th Marine Regiment, The aircraft was the second in a flight of MV–22 MISHAP INFORMATION 1st Marine Division, of Long Beach, Calif. two aircraft conducting a simulated evacu- The MV–22 mishap occurred approximately PFC Keoki P. Santos, 24, a rifleman as- ation operation. It was one of four MV–22s 8 p.m. Saturday night 8 April when a MV–22 signed to 3d Battalion, 5th Marine Regiment, participating in this exercise to support Osprey crashed near Tucson, Arizona. The 1st Marine Division, of Grand Ronde, Ore. Operational Evaluations (OpEval). OpEval is MV–22 was conducting a training mission in Corporal Can Soler, 21, a rifleman assigned a DOD requirement specifically designed to support of Operational Evaluation to 3d Battalion, 5th Marine Regiment, 1st validate an aircraft’s operational capability (OPEVAL). Aircraft was second aircraft in Marine Division, of Palm City, Fla. to support USMC missions. It requires two ship flight inbound Marana Northwest Pvt. Adam L. Tatro, 19, a rifleman as- flights in operational configurations to in- Regional Airport (encl 1) about 15 miles NW signed to 3d Battalion, 5th Marine Regiment, clude flights with embarked troops. of Tucson, Arizona. The landing site was a 1st Marine Division, of Brownwood, Texas. Our most precious asset is our Marines and hard surface concrete pad area, free of obsta- ‘‘The entire Marine Corps family grieves their welfare is the primary concern of all cles and parallel to a 6,900′ runway. Safety for the Marines we’ve lost in this tragedy Marines in leadership positions. Numerous personnel had conducted a safety site survey and our thoughts and prayers go out to their senior service members and members of Con- and a daytime landing there to ensure suit- families,’’ said Gen. James Jones, Com- gress have flown in the aircraft. I have flown ability. mandant of the Marine Corps. ‘‘We have sent the aircraft and believe it to be safe. It is im- This mishap aircraft was part of the Multi- an expert team to Arizona to quickly inves- portant to stress that the MV–22 is not an service Operational Test Team (MOTT), tigate the circumstances surrounding this experimental test aircraft. The MV–22 is a based at Patuxent River, Md., but was tem- mishap.’’ proven technology. The Osprey has already porarily attached to Marine Aviation Weap- Secretary of the Navy Richard Danzig completed extensive flight testing that in- ons and Tactics Squadron-1 (MAWTS–1) at today released the following statement, cluded: Marine Corps Air station Yuma, Ariz. ‘‘Evaluating new equipment and training for Almost 1200 flight hours of Full Scale De- OPEVAL commenced in November 1999 with war, like war itself, puts life at risk. In peace velopment (1–6), and planned completion data of June 2000. and war, Marines accept that risk—it is a 1600 flight hours of Engineering/Manufac- OPEVAL is being conducted by the MOTT bond between us. In that spirit, we grieve turing Development (7–10). under the auspices of Commanding Officer, today for our nineteen lost Marines and em- The mishap aircraft was one of five produc- HMX–1, the Marine Corps’ aviation OPEVAL brace their families.’’ tion aircraft delivered to the Marine Corps agency. In this capacity, CO, HMX–1 reports The MV–22 was conducting a training mis- for operational use. The four aircraft partici- to Commander Operational Test and Evalua- sion in support of Operational Evaluation pating in OpEval, all delivered in the past 11 tion Force. OPEVAL determines aircraft ef- (OPEVAL) when it went down near Marana, months, have accumulated over 840 flight fectiveness and suitability and must be con- Ariz. During the mission, the crew and Ma- hours conducting operational flights in sup- ducted to the maximum extent possible rines conducted Non-combatant Evacuation port of OpEval. This particular aircraft was under the most realistic conditions (DOD Operation (NEO) exercises as part of the delivered to the Marine Corps in January of 5000.2). April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2189 During the mission, the crew and Marines —Dover serves as the Port Mortuary for all where else in the FMF are NEOs practiced to conducted Non-combatant Evacuation Oper- Services. such an extent and magnitude—except dur- ations (NEO) exercises as part of the Weap- —At Dover, the remains will be met by Ma- ing a real contingency. ons and Tactics Instructor (WTI) Course, rines from the Marine Barracks Washington, CMC MISHAP UPDATE FOR 11 APR 2000 with Marines embarking and disembarking DC. the aircraft. The mission profile called for —After the remains have been identified, AVIATION the utilization of the latest version of Night they will be assigned an escort (either some- —Recovery of remains started 0800 this Vision Goggles, (ANVIS–9) and Forward- one from the Marines’ unit or someone des- morning Looking Infrared Radar to enhance night ignated by the family). —Ten bodies recovered as of 1500 11 April operational capability. Flight was under- —Memorial services will be held at NAS —Should get at least 4 more today taken in good weather conditions with 17 Patuxent River, MD next week and Camp —Crew chief identified by equipment and percent illumination. The flight also served Pendleton on Monday 17th. Exact times and uniform as a training vehicle for the MAWTS current dates are being coordinated. —Expect to be complete by 12 April WTI course designated as Assault Support —MCAS New River has tentatively sched- —Remains to be flown from Davis- Mission 3 (encl 2). Non-aircrew personnel uled a memorial for the four aircrew at 1400 Monthan AFB to Dover aboard were part of the Evacuation Control this Friday. —Autopsies and DNA sampling to com- Center for the simulated NEO. —If DNA analysis is required, a sample will mence upon return to East Coast The mishap aircraft was not an experi- be taken from the remains at Dover and test- —All Aircraft Mishap Board members and mental aircraft. The aircraft was the fourth ing will be done at Rockville, Maryland In- augmentees on site at Marana, AZ of five production aircraft delivered to the stitute of Pathology. —Armed Forces Institute of Pathology—12 —All Marines on board are entitled to be Marine Corps. Formal developmental testing personnel buried at Arlington National Cemetery if the of the MV–22 was conducted on the Full 2 Medical Examiners family so desires. Scale Development aircraft (aircraft 1–6) fly- 10 Mortuary Affairs personnel ing 1184 flt hrs and the Engineering and Man- —JAG Manual investigators (LtCol Mor- MAWTS–1—ASSAULT SUPPORT TACTICS ufacturing Development aircraft (aircraft 7– gan and LtCol (Sel) Radich) from Quantico THREE 10) flying 1600 flt hrs. The mishap aircraft on scene 11 April Assault Support Tactics Three (AST III) is was a Low Rate Initial Production aircraft —MOTT (85 Pax) to be transported by C–9 a long range (180 NM radius) multiple site (aircraft 11–15). The LRIP aircraft have flown from MCAS Yuma to Pax River Wednesday; Noncombatant Evacuation Operation (NEO) a total of 840 flt hrs conducting operational/ C–130 to return team from memorial service conducted at night (on NVGs) in the Phoenix mission training and evaluation. The MV–22 at New River to Yuman on Saturday, Pend- and Tucson Arizona areas. A ‘‘real world’’ fleet have flown a total of 3624 flt hrs. The ing aircraft status, original test plan called scenario forms the two day evolution which mishap aircraft had flown 135.5 flight hrs for OPEVAL to resume at China Lake on is the culmination of the AST Common since it was delivered to the Marine Corps on Sunday flight phase of the Weapons and Tactics In- 17 Jan 00. —Aircraft presently cleared for ground The two previous MV–22 testing mishaps structors (WTI Course) taught at Marine turns and taxiing as of 11 April Aviation Weapons and Tactics Squadron demonstrated the risks inherent in any LEGISLATIVE AFFAIRS One. Additionally, the NEO completes the flight test development program, but the —Briefing requested by Rep. Curt Weldon mishap causes were not unique to ‘‘tiltrotor WTI course’s Military Operations in an Urban Terrain (MOUT) package introduced (R, PA 7th Dist.) and others by LtGen. technology.’’ The last mishap was in July McCorkle set for 1000, 12 April 1992. The identified design deficiencies were earlier during the Common academics phase. This particular WTI mission requires a —Offer made by OLA to Senate side for corrected and incorporated in all production sizeable airborne package consisting of similar briefing in PM on 12 April if desired aircraft. The MV–22 fleet has flown over 2400 mostly helicopters. Specific numbers for PUBLIC AFFAIRS hours (2/3 of all hours) since the last mishap WTI 2–00 are; (7) CH–46Es, (5) CH–53Es, (2) in 1992. —Have received over 1000 media inquiries CH–53Ds, (5) AH–1Ws, 1 UH–1N, (3) FA–18Ds, A complete Aviation Mishap Board (AMB) since the mishap (4) MV–22s, (3) KC–130s for a total of 30 air- has been convened in Tucson under in ac- —LtGen. McCorkle’s preliminary press craft supporting the NEO. Besides the air- cordance with OPNAVINST 3750 under the conference 1630 on 10 April craft required to support the mission a For- direction of Col Dennis Bartels from Dept of —LtGen. McCorkle gave statement and an- ward Operating Base (FOB) is established at Avn, HQMC. Team is being supported by swered reporters questions at DOD nation- Gila Bend Air Force Auxiliary Airfield. The joint agencies and the entire Naval Aviation ally televised press conference at 1330 on 11 FOB is guarded by Stinger Teams, facilitates establishment. April a Marine Air Traffic Control Mobile Team Although MV–22s have not been grounded —Daily briefings at 1430 at the crash site (MMT), a MWCS Communications Detach- by Commander Naval Air Systems Com- with Maj. Dave Anderson ment using high power HF, VHF SINGARS, mand, operations have been suspended in —Once barriers erected at crash site, most and SATCOM. A Forward Arming and Re- order to evaluate the current situation and press departed fueling Point (FARP) is also established at determine the most appropriate course of ac- the FOB employing KC–130’s Rapid Ground tion and safe flight operations. V–22 ‘‘OSPREY’’ KEY FACTS Refueling (RGR) systems. The Tactical Bulk The V–22 OSPREY is a joint service, multi- REMAINS—8 REMAINS HAD BEEN RECOVERED BY Fuel Dispensing System (TBFDS) is also em- 1500, 11 APRIL 2000 mission, vertical/short take-off and landing ployed on a CH–53E at a separate austere site tiltrotor aircraft. It performs a wide range of —The recovery of remains will be done as to refuel the AH–1Ws and UH–1N. VTOL missions as effective as a conven- During the execution, three separate task quickly as possible given the circumstances tional helicopter while achieving the long- forces pull evacuees from three different and requirements to properly identify the range cruise efficiencies of a twin turboprop sites located in Phoenix and Tucson. The Marines and preserve evidence at the crash aircraft. The MV–22 will be the Marine American citizens once evacuated and repo- site. Corps’ medium lift aircraft, replacing the sitioned at the FOB where a complete Evacu- —15 Aviation Mishap Board personnel on aging fleet of CH–46 and CH–53D helicopters. ation Control Center (ECC) completes the scene. The Air Force variant, the CV–22, will re- —15 Naval Aviation Center Personnel on processing. Once processing is complete, the place the MH–53J and MH–60G and augment scene. KC–130s lift the evacuees back to Yuma, AZ. the MC–130 fleet in the USSOCOM Special —Human Resources Personnel from Davis- MAWTS–1 staff members make up the For- Operations mission. The V–22, which is joint- Monthan. ward Command Element (FCE). An infantry ly produced by Bell Helicopter Textron and —Counselors on site to assist. company that supports WTI make up the se- the Boeing Company, is the world’s first pro- —HMX–1 Flight Surgeon on site. curity elements and man the ECC at the duction tiltrotor aircraft. —Marine Reserve Unit providing security FOB’s consolidation site. Additional Marines (6th Eng Spt BN Det A Bulk Fuel). dressed in civilian attire make up the non- FEATURES AND BENEFITS —Locals have constructed a memorial with combatants—totaling up to eighty evacuees. ∑ Incorporates mature, but advanced tech- flowers. As the mission progresses, all information is nologies in composite materials, surviv- —There are two Armed Forces Medical Ex- relayed through the established command ability, airfoil design, fly-by-wire controls, aminers on site. and control system including a Direct Air digital cockpit and manufacturing. —10 Trained mortuary affairs personnel Support Center (DASC) and DASC(A), an As- ∑ Has two 38-foot diameter ‘‘prop-rotors.’’ from the U.S. Air Force and Armed Forces sault Support Coordinator Airborne (ASC(A)) Engine/transmission nacelles mounted on Institute of Pathology arrived from Wash- assists in control of the mission while ‘real the end of each wing rotate through 95 de- ington, DC, Monday. time’ information is fed back to the Tactical grees. Combines vertical takeoff and landing —Recovery efforts began 0800 this morning. Air Command Center (TACC). Situational of a helicopter with the long range, high —Once remains have been properly re- awareness is maintained in the TAC—nearly speed and efficiency of a turboprop airplane. moved, they will be transferred to Davis- two hundred miles from the further site! ∑ This unique aircraft transitions from the Monthan Air Force Base for shipment to The NEO training received at MAWTS–1, helicopter flying mode to a fixed wing flying Dover Air Force Base, Delaware. during the WTI course, is critical since no mode in less than 20 seconds. H2190 CONGRESSIONAL RECORD — HOUSE April 12, 2000 ∑ Speed, range, and payload expand capa- the Freedom Support Act that denies seniors who literally on a daily basis bilities beyond the limits of helicopter tech- assistance to Azerbaijan until they end are deciding do I buy my food today, do nology. their stranglehold on Nagorno- I get my medications, do I pay the elec- ∑ Self deployable worldwide, ferry range of Karabagh. Our message to Turkey and tric bill, how can I keep going and re- 2,100 NM with one aerial refueling. ∑ Can fly at speeds from hover to 300 Azerbaijan must be loud and clear. We main healthy and well by having access knots, cruises at 250 knots. will not stand by as you once again to my medications? Because Medicare ∑ Increased speed, maneuverability and re- seek to threaten the Armenian people. does not currently cover the costs of duced vulnerability make it much more sur- For my part, I will continue to sup- prescription drugs. vivable in combat than the helicopters it is port assistance to improve the lives of I rise today to urge my colleagues as replacing. all Armenians; I will continue to re- quickly as possible, we are long over- ∑ Carries up to 24 fully combat loaded Ma- member those who have lost their due, in correcting this problem. We rines internally or 10,000 pounds externally. have economic good times. There is no ∑ lives, and continue to commemorate Performs missions relevant to post Cold reason that we cannot at this time get War era: this somber occasion. Lastly, I will Amphibious landing continue to hold the Turkish and Azeri it right for Medicare, modernize Medi- Noncombatant evacuation governments responsible for their ac- care, to cover the way health care is Tactical recovery of aircraft and personnel tions past and present. For this reason, provided today; and that means cov- Humanitarian relief I have joined as a cosponsor of House ering the cost of prescription drugs. We Transporting troops into combat Resolution 398, commemorating the are in economic good times, and I be- Long-range special operations night/all genocide and calling on the President lieve in these times we have obliga- weather tions to pay our bills and pay our debts Provides all the above faster from further to characterize in his annual message distances with more survivability than a hel- commemorating the Armenian Geno- and to keep our commitments. icopter cide, the systematic and deliberate an- One of the most important commit- ments that we have made to older SCHEDULE nihilation of 1.5 million Armenians as Americans is Medicare, health care for ∑ genocide and to recall the proud his- Marine Medium Tiltrotor Training them. Social Security is another com- Squadron (VMMT–204) designated June 1999 tory of the United States intervention ∑ Initial operational capability for the Ma- in opposition to that genocide. mitment, health care for our veterans, rine Corps—2001 I am hopeful that we will see the day all important commitments that we ∑ First USMC fleet squadron scheduled de- when peace, stability, and prosperity have made. But because of the chal- ployment—2003 are realized for the people of Nagorno- lenge that I have heard from too many ∑ USAF Initial operational capability— Karabagh and for all Armenians. But of my constituents all across Michigan, 2004 until then, the United States Congress I began months ago putting together ∑ Service buys: Marine Corps 360 MV–22s, must continue to be on the side of what something called the Prescription Drug Air Force 50 CV–22s, Navy 48 HV–22s is right, what is just and continue to Fairness Campaign. I have asked sen- f assist to make sure that history does iors and families to share with me b 1830 not repeat itself. their stories, if they are having dif- ficulty paying for their medications to ARMENIAN GENOCIDE f call a hotline that I set up for them to COMMEMORATION PRESCRIPTION DRUGS share their stories with me, or for The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. Under them to send me letters and copies of WILSON). Under a previous order of the the Speaker’s announced policy of Jan- their high prescription drug bills so House, the gentleman from New Jersey uary 6, 1999, the gentlewoman from that we can put a real face and a name (Mr. MENENDEZ) is recognized for 5 Michigan (Ms. STABENOW) is recognized and a situation on this problem. minutes. for 60 minutes as the designee of the This is not an issue made up by peo- Mr. MENENDEZ. Madam Speaker, minority leader. ple on the floor of this House or by every year we come to the House floor Ms. STABENOW. Madam Speaker, I other politicians. This is an issue that to commemorate and pay tribute to come today to talk about what I be- is real for every senior and every fam- the 1.5 million victims of the Armenian lieve is one of the most challenging if ily in this country. One of the things Genocide. Sadly, 85 years after the not the most challenging issues affect- that disturbs me the most is the fact tragedy began, Turkey still refuses to ing our seniors and affecting many that we see such a disparity in pricing. recognize the Armenian Genocide and families across the country. This was As the gentleman from Arkansas men- apologize for the atrocious acts it com- spoken to a while ago by the gen- tioned earlier, we have a situation mitted. Since 1923, Turkey has denied tleman from Arkansas (Mr. BERRY), where if you go to another country, in the Armenian Genocide despite over- who spoke very eloquently about the my State we are right next to Canada whelming documentation, and since challenges of seniors related to the in Michigan, I included a bus trip, I in- 1923 there has been no justice for the cost of prescription drugs. vited a number of seniors to join me, to victims and the families of the victims What we have seen over the years is go across the Ambassador Bridge from of the Armenian Genocide. a system that started in 1965 under Detroit to Windsor; and we dropped To those who continue to resist the Medicare that has been a great Amer- their costs by 53 percent by crossing truth, I can only believe that they have ican success story. In 1965, half of our the bridge. chosen to ignore the hard evidence or seniors could not find insurance or There is something wrong when there to indulge their shame by ignoring the could not afford health care insurance. can be such a disparity. And when you facts. Like the Holocaust, denying the Now we have a system for health care add to that the fact that we are pre- Armenian Genocide cannot erase the for seniors. The challenge before us is cluded by American law from bringing tragedy, the lives that were lost, or that health care has changed, the way those drugs, mail order or bringing compensate for driving people from we provide health care has changed. In those medications routinely across the their homeland. For the people of Ar- 1965 we were predominantly providing border without seeing a Canadian phy- menia, the fight continues today, par- health care in hospitals with surgeries, sician first and going through the Ca- ticularly for the Armenians of and the use of drugs was limited to the nadian process, we cannot reimport Nagorno-Karabagh, who are impacted hospital. those drugs back into the United by modern day Turkey and Azer- Today, we know that care has States, American-made FDA approved, baijan’s aggression toward Armenia in changed; and we see home health care, because of protections that were put the form of the Azeri blockade against we see outpatient care, and a great re- into the law in 1987 to protect our own Nagorno-Karabagh. But their actions liance on new prescription drugs, won- pharmaceutical drug companies who are not without consequences. derful medications that we are very are making the drugs here and bene- I believe the Congress will continue pleased and proud to have developed in fiting from our research and develop- to provide assistance to the people re- the United States. But at the same ment and the institutions that we siding in Nagorno-Karabagh, and we time we are seeing a growing disparity have, the tax system we have that pro- will continue to uphold section 907 of and a horrible situation for too many vides tax incentives and tax write-offs, April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2191 which I support, I think it is important en years aren’t golden after all. Thank lost a patient because she was taking and good public policy for us to have you for what you’re trying to do. her medication every other day, in- an R&D tax credit, I think we need to Truly, Delores Graychek, Indian stead of when she needed it, every day. keep it; but they benefit from that, sell River, Michigan.’’ I have had stories of individuals talk- to other countries, and then people are I want to thank Delores. She is right. ing to me about cutting their pills in not even allowed to bring that back, to Her golden years should be golden. It is half so they will last longer. This does reimport it, without going through the up to us in the Congress to step up and not make sense. In our country, with process of seeing a Canadian physician to get it right. If we do not do this in the greatest innovations, the greatest and going through the Canadian health economic good times, we never will. health care innovations, the best re- system. Now is the time to step up and cover search, we need to make sure that our I have also done other studies in my prescription drugs under Medicare. seniors have access to these new med- district that have shown that if you Let me cover another letter that I ical options that are available, and are have insurance, if you have an HMO or want to thank Joseph and Ethyl Korn not picking between their food, paying other kinds of insurance, you are pay- from Marquette, Michigan, in the great their bills and their medicines, and ing half on average what an uninsured upper peninsula of Michigan for writ- that is what is happening with too senior or uninsured person is paying ing and sharing this with me. many people today. for their medical care, for their medi- Dear Congresswoman Stabenow: I want to share one more story, and cines. So we see seniors who use two- My husband and I have an enormous hard- that is Donald Booms from Lake City, thirds of the medications in this coun- ship with our prescription bills. Joe, who’s a Michigan. I very much appreciate Mr. try who do not have insurance and then World War II veteran, fought to save our Booms sharing his story with me as because others get discounts because country. He has Parkinson’s, mini-strokes, well. they are negotiating group discounts, diverticulosis and deep depression. I have Dear Congresswoman, recently I saw they do not get those discounts, so high blood pressure and I take my medicine, a story on TV about seniors not having when I can afford it, including Premarin for they not only do not have insurance my bones. Here is our prescription bill for insurance for prescription drugs. I am but they pay more on top of that, pay- what we can afford, and you can see I don’t one of those people. I take three pre- ing twice as much as somebody with get all of mine. Oh, yes, I also have glaucoma scriptions daily and they cost about insurance. It is crazy. and I need eye drops. This is Joseph and $200 a month. My wife is currently on We have done another comparison as Ethyl M. Korn at the Snowbury Heights Re- Blue Cross. She goes on Medicare in some others of my colleagues have that tirement Home in Marquette, Michigan. April of this year, which means she, have shown that there are medications Mr. COBURN. Madam Speaker, will too, will be without insurance for pre- that are provided for animals as well as the gentlewoman yield? scription drugs. She is a diabetic and for people where in those cases where Ms. STABENOW. I yield to the gen- takes seven prescriptions a day. Her there is arthritis medication, heart tleman from Oklahoma. costs will be about $260 a month. To- medication, high blood pressure medi- Mr. COBURN. I think it is important gether we will be paying nearly $500 a cation, we compared eight different for us to know, the lady you just de- month for our prescription drugs. To- medications to find that the same scribed is on Premarin which in this gether our Social Security checks are name, the same drug, the same quality country, a generic has been waiting to about $1,100, minus $300 for Medicare controls and it costs half if you go to be approved by the FDA for 5 years to and Medigap insurance payments, and get it for your pet than it does for you sell at 20 percent of the price of what we have $800 a month to live on. There to walk into the pharmacy, and we see she is paying right now, the exact same surely does need to be something done the same medication. There is some- drug. with prescription drugs for seniors. thing wrong with this picture. We need Ms. STABENOW. I would reclaim my Thank you, Mr. Booms. There is to make sure that Medicare covers time and thank my colleague for that something wrong when you are having costs of prescription drugs, we mod- information and would be happy to join to take $500 out of $800 a month in ernize it to cover the way health care with him in the issue of generic drugs, order to pay for your medications. is provided, and then we need to get as well, as we look at how we lower the Once again we are talking about a busy to make sure that we are lowering costs of prescriptions, because there story of a couple on a fixed income, the cost of prescription drugs for all of are a number of different strategies prior to retirement having access to our families. that need to happen today, that need to health care and coverage, going into I would like to share this evening address how we bring more competition Medicare and retiring, and then finding three different letters that I have re- with generics, how we allow the prices themselves in the situation where they ceived from people around Michigan to go down because we have Medicare are taking the majority of the money sharing their stories. I have made a negotiating a group discount. that comes in every month just to pay commitment to the seniors of Michi- Right now seniors do not have any- for their medications. gan that I will come to this floor, I will body. If they do not have private insur- I have hundreds of stories like this, share stories once a week every week ance, a senior citizen today does not hundreds of stories of people who are until we fix this. Let me share with my have anybody negotiating a group dis- struggling every day to pay for their colleagues this evening starting with count for them while others do have medications and to remain healthy. Delores Graychek from Indian River, people, whether it is insurance cov- When we took our trip to Canada, Michigan. Delores writes and sends me erage or their HMO. from Detroit to Windsor, there was a information as follows: Let me also share the information: I gentleman on the bus named George ‘‘I heard you talk on TV on January do have enclosures that I appreciate who is 79 years old, almost 80 years old. 26 and something does need to be done Joe and Ethyl sending me their expend- He continues to work in order to pay to help all of us out here that’s on itures from January 1, 1999, until No- for $20,000 a year in prescription and seven or eight medications like I am vember 6, 1999. Mr. Korn’s total pre- other health care costs for his wife. His and have no help to pay for them. I scription drug cost for this 10-month wife is on 16 different medications, and picked up six of my seven meds yester- period was $1,515.36. The total cost for he continues to work so that she can day. The total came to $274.78. That is Ethyl, who admits she cannot afford ‘‘live,’’ as he puts it, so that she can re- more than my Social Security check. everything she needs, was $324.02. main with him. As he was telling me, More than my Social Security check. there were tears in his eyes talking b Each month we get deeper in debt and 1845 about how he had to keep working so soon we will be like a lot of other older One of my concerns I hear from that he could make sure his wife would people. We won’t have anything left. friends of mine who are physicians are remain with him and would be alive. We also are paying on hospital bills for concerns that people are not pur- Another gentleman shared with me me. I had open heart surgery last No- chasing what they need, or that they the fact that he takes one pill a month, vember. So by the time all of our bills are taking it the wrong way. I had a and, because of our wonderful new in- come in, our Social Security checks physician in Michigan join me at an novations, which we are very appre- are gone. I think it’s a shame our gold- event and share the fact that he had ciative of, that one pill allows him not H2192 CONGRESSIONAL RECORD — HOUSE April 12, 2000 to have open heart surgery, but the one to spend $650 of that for prescription found they came to $300. Needless to pill costs $400. drugs alone. They have got rent, food, say, I didn’t have that kind of money. When a pharmaceutical drug com- heat, and utilities; and it does not I called his doctor. My doctor is very pany comes forward and says that in work. kind and gives me samples when he order to be able to cover the cost of I have had women write to me and can. Otherwise, I would not have them, prescription drugs and address these say I do not want my husband to know, as we just don’t have the financial in- high costs for seniors we would lose our but I am not taking my prescription come to cover everything.’’ research, that is just baloney. Twenty medication because he is sicker than I Another woman writes, ‘‘Since I am cents on every dollar that Mr. Booms am and we cannot both afford to take self-employed, I cannot afford the ex- or that the Korns are paying, 20 cents our medication. pensive health plans, and since I am a on every dollar is going to research. It should not be like that in this diabetic, I should have medication, but What we are seeing today is a whole country, and there is no reason why it I cannot afford medication because new effort of advertising so that, as my should, but the truth is that 37 percent that is too expensive. I can’t even af- colleague who talked about generic of all seniors have no coverage at all ford the doctor because they are also drugs said, the companies want to for prescription medication. Another 16 too expensive. You have to see a doctor make sure we ask for the brand name. percent are in these wonderful HMOs to get the medication. Hopefully there So we are paying more for advertising that were supposed to provide free pre- is an answer for me and people like me. than for research. scription drug coverage, and every year I have a question: How can Canada sell So the reality is there is a way to get the benefits go down, the cap goes the same medication for half the price? this right if we have the political will down, the premiums go up, and people They must be doing something right.’’ to do it. I believe, and I want to call on are left paying more and more of their One more story. ‘‘At age 64,’’ age 64, my colleague from Maine in a moment prescription coverage out of their own remember this, just before Medicare, who has been such a leader as well in pockets. ‘‘at age 64 my wife is severely disabled this issue, but I believe if we can solve About 8 percent of people have by rheumatoid arthritis and is heavily Y2K, because it was a serious issue and Medigap prescription drug coverage, reliant on at least 5 expensive prescrip- we could not afford to let the lights go but often the cap is about $1,000 a year. tion drugs. Over the past 3 years her out and could not afford to let the com- That does not do much good for a lot of total costs for those drugs has aver- puters go down, and brought all the seniors in this country, who have sev- aged just over $7,500, of which I have American ingenuity together to fix eral thousand dollars of prescription paid just over $2,000 out-of-pocket each what needed to be fixed, we did it. The drug expenses in any one year. year. I am fortunate to be able to cover lights were on January 1. Why can we Let me tell you about what we did in that cost without sacrifice, but I am not bring this same American inge- my district. I sent out a newsletter de- very concerned about what our situa- nuity to help our seniors? Why can we voted entirely to health care. It dealt tion will be when my wife turns 65, is not lower the cost of prescriptions and with veterans’ care; it dealt with small forced to give up the private major modernize Medicare to get it right? We businesses who were having trouble medical policy which I now buy for her, can. I am going to be down here every paying their premiums. It dealt with and has to rely on Medicare and week until we do it. the veterans’ health care, it dealt with Medigap.’’ I yield now to my good friend the seniors, it dealt with prescription When she is over 65, she is on Medi- gentleman from Maine (Mr. ALLEN). drugs. care and she no longer has outpatient Mr. ALLEN. Mr. Speaker, I thank We got back 5,269 respondents, actu- prescription drug coverage, and the the gentlewoman for yielding, and I ally somewhat more than that. But we Medigap policies that I mentioned ear- want to thank the gentlewoman for her had a question in a questionnaire at- lier typically have caps of $1,000, $1,200, leadership on this issue. This is some- tached to this newsletter, and the ques- or, at most, $1,500. thing that she and I have been working tion was, one of them, do you or your The truth is, the most profitable in- on now for, well, pretty close to 2 family member take a prescription dustry in the country is charging the years, pretty close to 2 years, trying to drug on a regular basis? 4,089 people highest prices in the world to people in bring the stories of these people, sen- said yes. Of those 4,089, 1,726 said yes to this country who do not have health in- iors all across this country and others the question do you have any difficulty surance that covers their prescription who do not have prescription drug in- paying for the drugs you or your fam- drugs. Twelve percent of the popu- surance, to the attention of this Con- ily need? The truth of the matter is, lation is seniors. They buy 33 percent gress. Although the issue is rising in people cannot do it. of prescription drugs. In my State of terms of its coverage around the coun- We got back comments in response to Maine, because there is no significant try, this Congress has yet to act. those questionnaires. Here is one. A amount of managed care, I can tell you I thought what I would do is talk woman writes, ‘‘Dear Mr. Allen, do I that just about 50 percent of the sen- about a few stories. A few of the stories need help. My Social Security check is iors in Maine have no coverage at all were the stories that basically I heard $736 a month. My medication is $335 to for their prescription medication, no when I first began, and they were sim- $350 a month. My Blue Cross, the sup- coverage at all, and we know that over ple stories, such as a retired firefighter plemental insurance, is $106 a month.’’ 80 percent of seniors take some pre- in Sanford, Maine, standing up and So she did the math. $736 minus $106 scription drugs, 83, 85 percent, some- telling me I spend $200 a month now on for Blue Cross, minus the $350 for medi- thing like that. So they are all taking my prescription medication. My doctor cation, left her $280 to live on. And she prescription drugs. just told me I need another prescrip- said ‘‘my husband passed away last In this context, what we have done tion. It costs $100 a month, and I am July.’’ on the Democratic side of the aisle is not going to take it, because he could Another woman wrote, ‘‘I am a site we have a plan, the President’s plan for not possibly afford it. manager here at an elderly housing a Medicare prescription drug benefit, a Or the woman who wrote to me in project. I have approximately 110 ten- start to help cover prescription medi- July of 1998, the first of many, with a ants. We are in low-income housing. It cations for seniors who do not have the long list of her prescription drugs. She is a crime to see how many people fore- money to afford it right now. said in her letter here is a list of the go their groceries to buy a prescription We also have a bill that I have of- medications that my husband and I are or forego the prescription so they can fered, and the gentlewoman has been a supposed to take. The bottom line was eat. Several of my folks here do not cosponsor from the beginning, which $650. She said here is a copy of our two have any supplemental insurance and would provide a discount. If there are Social Security checks, which is all the won’t go for Medicaid, as they think it people who think a Medicare prescrip- monthly income we have. The bottom is welfare. tion drug benefit is too expensive for us line was $1,350. ‘‘Last March, my husband had an an- now, we can do a discount, no new bu- That math does not work. You can- eurism and had to have surgery. He reaucracy, no significant Federal ex- not have people who are taking in survived it and was given 2 prescrip- pense, but a discount of up to 40 per- $1,300 a month total income, expected tions. When I got to the pharmacy I cent in the prices that seniors pay April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2193 today for their prescription medica- I was in my office doing some work me her prescription drugs. There is tions. and I heard the gentlewoman’s state- $54.39, $50.51, $15.53, $12.74. These are The Republicans in this House will ments, and statements the gentle- monthly. Add that up. not adopt either proposal, will not woman has received from around Here is another one from another bring either proposal to the floor. What Michigan. She has been a leader around lady from L’Anse. She says, ‘‘Dear sir, we hear this week is they are about to the Nation to try to get prices lower I am enclosing receipts for medicine I bring a proposal forward that is great for all our constituents in Michigan. had to take for pneumonia. My hus- for the pharmaceutical industry, but it Some have been from Marquette Michi- band died December 11, 1998, and I have is a disaster for seniors, because it re- gan, the area I represent. $634 to live on for the month. I pay lies on private insurance. I certainly share the gentlewoman’s $137.64 for Blue Cross insurance. I am I would ask my friends on the Repub- sentiments. In September of 1998, we 731⁄2 years old and I still work, so I can lican side of the aisle, why is it so dif- had the Committee on Government Re- continue with Blue Cross-Blue Shield ficult to strengthen Medicare? Why is form also do a study in my district, and prescriptions. But even with the it so difficult to update Medicare and which as the gentlewoman said is the allowance, I still have to pay about $20 add a prescription drug benefit? Upper Peninsula, Northern and lower for each prescription I take, and I do it b 1900 Michigan. for a month. So even though I have The private sector plans that are out We found that the most favored cus- Blue Cross-Blue Shield, I still have to there have prescription drug benefits: tomers and the big HMOs, those who pay another $80 in co-pay. I ask you, I Aetna, Signa, United. The major pri- have insurance coverage, pay about don’t have enough to go around. I sure vate health care plans around this half of what an uninsured senior would hope something can be done on the country have prescription drug bene- have to pay for prescription drug cov- price of prescription medicine.’’ Again, she made me copies from fits. Why not Medicare? Is it that hard? erage. Not only is there inherent dis- The answer is, it is not that hard. We crimination here, where we make those Primo Pharmacy of all of her could do it, and we could do it now. We who can least afford it pay the most parmaceuticals. could give relief to the seniors who because they do not have the pur- Here is another individual from Che- have been writing me, who have been chasing power behind them of a big boygan, Michigan. ‘‘In response to your writing the gentlewoman, who have HMO or a big insurance company. AARP article concerning drug prices been talking to Democrats all across What we have found also in further for seniors, I am 88 years old, a widow, this country. It is a national scandal follow-up studies, and I know the gen- living on a social security benefit of that we do not do something about it, tlewoman has mentioned it tonight, in $814 a month. I am enclosing receipts and we must before we adjourn this Mexico, Canada, the same drugs, the for my drugs for just 1 month, every fall. same companies, the same number of month. Some months it is more. The total is $446.36 a month. Seniors really I just want to say to the gentle- pills in that vial, and they pay 50 to 60 need help with drug prices.’’ She signs woman from Michigan (Ms. STABENOW) percent less. how much I appreciate the gentle- Our seniors go to Canada up in our her letter. The issue here is, seniors do need woman’s determination, her persist- neck of the woods, or if they are in the help with drug prices, with the costs of ence, her leadership on this issue. She South, they go to Mexico and get it for their drugs. There are three bills: the is really doing us all proud. I thank the half the price. Allen bill from the gentleman from gentlewoman very much. I saw an article recently in Congress Maine, which takes the purchasing Ms. STABENOW. I thank my col- Daily where they said, Well, those power of the Federal government to try league, who has been a terrific leader, countries do not allow us to put our to drive down the prices of prescription really a pioneer, in this effort. He has true cost out there, and therefore, drugs for seniors who do not have any been down here making the case. those countries have price controls As the gentleman says, there is more type of insurance coverage; the Stark over their prescription drugs. But in than one strategy. There is a discount bill, which actually says, make it part the United States, since we do not by allowing pharmacies to purchase di- of Medicare, have universal service. make any kind of controls or try to rectly from the Federal price sched- There is the President’s bill, which rein in these pharmaceutical compa- ules. There is opening up the borders to does a little bit of both. allow people to bring drugs back in, or nies, they charge basically whatever I know the Republican party will be to do mail order. they want. bringing forth a bill, and I look forward Fundamentally what I believe is the When we look at these studies, take to it, but I hope they understand one long-term solution that we have to the study from my district in 1998, they thing. We have to stop the price dis- come to is taking the health care sys- show the return on that investment on criminatory practices by the pharma- tem for our seniors in the country that prescription drug for those phar- ceutical companies and make it uni- today and modernizing it to cover the maceutical companies, a 26.7 percent versal coverage. In this country, there costs of medications. That is the way profit. is no reason why not. health care is provided today. We have When inflation is 3 percent, their In my district, about 40 percent of an opportunity, a once-in-a-generation profit margin for that year, 1997, the seniors do not have any prescription opportunity where we have choices we most recent statistics we had, was 26.7 drug coverage. Why should they pay can make with a good economy. percent. For total profit after all the twice, twice as much as someone who In the long run, this saves money by advertising, after all the research, it happens to have a prescription drug making sure that we keep people was $28 billion. coverage or is part of a large HMO? healthy and out of the hospital, and I do not mind them making a profit, As the gentlewoman knows, in the allow them to be able to continue to but I do not think in this time of low Upper Peninsula of Michigan there are live vigorous lives and be able to have inflation we should have 26.7 percent no HMOs. In lower Michigan there is their health care needs met. It makes profit or $28 billion in profits and not now one left. A very small part of my no sense not to do it right. I want to help out those seniors who really need district can take advantage of an HMO thank the gentleman for joining me. the help. to get prescription drug coverage. Mr. Speaker, I yield to the gentleman Take a look at it. I have a letter here Again, we do not mind them making from Michigan (Mr. STUPAK), who has from a lady from my district. I am a buck, but when their return is 26.7 been a terrific leader in Northern going to be doing town halls for the percent, that is better than the market Michigan, in the Upper Peninsula. He next two weeks, and the gentlewoman right now. Even after paying all the re- has been doing studies and meeting will be also, in Michigan. We are going search, all the advertising, and when- with people weekly to hear their con- to hear a lot more about this. ever we open up the magazine it is full cerns. I know the gentleman shares our She writes, ‘‘Dear sir, my only in- of advertising for this drug and that concern and determination. come is social security, a check of $685. drug, they are still making $28 billion a Mr. STUPAK. Mr. Speaker, I thank I live in a L’Anse housing apartment. I year. We do not mind a profit, but do the gentlewoman for her leadership on pay $147 a month. I had to sell my car. not gouge our uninsured seniors to this issue. I really do need the help.’’ She sends make a profit. H2194 CONGRESSIONAL RECORD — HOUSE April 12, 2000 The Democrat party would like to ability to solve this problem. Medicare taking on this great leadership chal- see universal coverage, and stop the was started in 1965 because half of our lenge for our Nation. predatory price discriminatory prac- seniors could not find insurance or This past weekend I visited one of my tices of the pharmaceutical companies. could not afford it. It has now become dear friends back home who was denied I must say, we have to thank the a great American success story of hav- coverage for prescription drugs, and pharmacists throughout the State who ing a promise that every senior has was told that if he were to try to save have brought this to our attention and some basic health care available to his life in a cancer treatment, he and have helped us in these studies to show them once they reach age 65 or if they his wife would have to cough up $1,500 us what they have to pay. It is not are disabled. a week. How would Members like to their fault. The local pharmacist is What we have today, though, is a have to face that decision as they are doing the best they can. They get the false promise, because we cannot pro- trying to save their lives, and their price. If the customer is with Blue vide the kind of health care or access family is surrounding them at one of Cross/Blue Shield, they pay one price, to the kind of health care that is prac- the most difficult times it has ever with Aetna they pay a different price, ticed today. That is predominantly faced? with the Federal system they pay a dif- through our prescription drug strate- So I am with the gentlewoman in her ferent price. That is passed on from the gies for providing health care. More efforts here to do what is right for our pharmaceutical companies. The mark- and more of health care is provided senior citizens as well as our families. up is very, very small, 1 or 2, 3 percent through medications, and if the health The people in the room in the hospital at most. These are the prices being set care plan does not cover medications, were from all ages, all the relatives. by the pharmaceutical companies. people are in very tough shape. Here they had to contend with these I think in this day and age there is Our goal is to modernize Medicare to insurance companies and all these pre- no reason why we cannot have pre- cover the way health care is provided scription drug problems when they scription drug coverage for our seniors, today. That is it. We are hoping that were trying to deal with a life and especially those who, like these widows our colleagues will want to do that. My death situation. that I have brought these letters from, greatest fear is that there will be pro- I thank the gentlewoman from Michi- they have written to me, they did not posals put forward to subsidize the gan. We admire the gentlewoman’s have insurance policies. They did not high cost, help seniors pay for the high work and she has our support. have insurance plans. Their husbands prices, but not do anything to get a Mr. Speaker, I rise tonight to advise are deceased. They live on social secu- handle on the prices or bring some ac- my colleagues about one more reason rity. That is it. countability to those prices. that this Congress should not approve No one would devise a Medicare plan We need to have somebody negoti- a blank check that will be before us in nowadays without prescription drugs. ating on behalf of seniors through about 5 weeks called ‘‘Approving Per- Prescription drugs are wonderful. They Medicare to get the same kind of group manent Normal Trade Status for the save lives. We should have it. We discounts that people do if they go People’s Republic of China.’’ should have it for everyone. through a private insurance company I want to thank the gentlewoman for I want Members to know, and I am or through an HMO. That is what can her leadership. I look forward to work- placing in the RECORD the story of an- happen. The purchasing power of Medi- ing with her over the Easter break. I other one of my constituents from near am sure we will be doing more town care can make that happen, if we act Toledo, Ohio, in the village of White hall meetings. I am sure we will see this year. We have the ability to act, House. I hope the message I give to- more and more discussion about pre- we have the resources to act, and we night will reach the White House here scription drug coverage. But I thank can do that on behalf of all of our sen- in Washington. the gentlewoman for having this spe- iors if we have the political will to b 1915 make it happen. We did it with Y2K cial order tonight. It is an issue very This is the story of Ciping Huang, a near to the seniors in my district and and we can do it with Medicare and prescription drugs for our seniors. Chinese American at the University of throughout this country. Toledo, married to a gentleman from We reach out to our Republican Mr. Speaker, I know the gentle- my community. She has been harassed, friends. Together we can solve this woman from Ohio (Ms. KAPTUR) has detained, interrogated, and expelled problem. I hope that we will be joined been from northern Ohio, bordering from China because of her association by our friends across the aisle to put right on Michigan, and we have a lot of as a member of the Independent Fed- forth a program to just use the pur- ways in which we work together fight- eration of Chinese Students and Schol- chasing power of the Federal govern- ing for our seniors, for our families. ment under the Federal supply service, She has also been a champion on this ars in our Nation. She has been refused pass that on to those uninsured sen- issue, as well. reentry into China to visit her ill fa- iors, and we can cut the price in half I will just say in conclusion that we ther who is suffering from cancer, and for those seniors. That is not asking are going to keep going every week, I can think of no better example of the too much. I think we could do that. I every week, every week, until this gets callous disregard for human rights ex- hope they will join us with that. fixed, because we can do no less for our hibited daily by the government of the Ms. STABENOW. I thank the gen- seniors. People’s Republic of China than her tleman very much for his efforts. I f story. I will read her letter to you, and know this adds another dimension in I hope to bring her to Washington as CONGRESS SHOULD NOT APPROVE this debate ensues. our rural parts of the country in Michi- PERMANENT NORMAL TRADE gan, up north in the UP, where it is She says, ‘‘Dear Congresswoman, my STATUS FOR THE PEOPLE’S RE- name is Ciping Huang and I am a coun- more difficult to get to a hospital or PUBLIC OF CHINA other facilities as well. We need to cil member of the Independent Federa- really be strengthening our home The SPEAKER pro tempore. Under a tion of Chinese Students and Scholars health care and medications so people previous order of the House, the gentle- in the United States.’’ can be living at home and living with woman from Ohio (Ms. KAPTUR) is rec- She has been an elected officer in family, and having the opportunity to ognized for 5 minutes. that organization, which was estab- be independent. They have longer dis- IN SUPPORT OF PRESCRIPTION DRUG COVERAGE lished in 1989, after the Tiananmen tances as well to drive, and it com- FOR SENIORS Square massacre. plicates health care provision, I know. Ms. KAPTUR. Mr. Speaker, I wanted ‘‘Unfortunately,’’ she writes, ‘‘our in- I want to thank the gentleman for all to thank my very able colleague, the volvement, our association’s involve- of his work. He is at the front end of gentlewoman from Michigan (Ms. ment, in democracy and freedom for what is happening, and I want to thank STABENOW), for taking out this special China has resulted in harsh treatment the gentleman from Michigan (Mr. order tonight on the important issue of by the Chinese Communist govern- STUPAK) for that. prescription drugs. I would like to lend ment, in particular on our student Mr. Speaker, let me just stress again my verbal support and moral support members as they try to return to their that we have within our means the to everything she is trying to do in homeland. Whether a Chinese citizen or April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2195 an American citizen, our members can you all know, without the attachment what I am going to explain to them be harassed, detained, threatened or of the human rights improvement, con- about Medicare, and the tack that I am kicked out of China because of our ac- ditions in China have deteriorated in going to take is not necessarily going tivities. And what are our activities? the last few years. to be appreciated by most of the Mem- Consistent delivery of overseas dona- Mr. Speaker, at this point I would bers of this body. tions to the June 4 massacre victims like to insert the remainder of this let- I also happen to be a term-limited and families from Tiananmen Square. ter in the RECORD, and I will come to Member of Congress. I am not running We support and have supported conditional the floor again to read the conclusion. for reelection, and I want to say that yearly renewal of the most favored nation The Chinese Communist government has in my heart, knowing how severe the trade status for China, and because we lobby not and will not learn democracy and respect problems are for my patients with pre- the United States Congress to provide pro- human dignity from the PNTR. They would scription drugs, the worst thing we can tection for Chinese students and scholars only take its passage as an advantage and do for seniors is to add a costly pre- from punishment by the Chinese Govern- signal that it is OK to continue their miser- scription benefit drug to the Medicare ment due to their roles in fighting for de- able, poor record on human rights and de- mocracy since 1989. mocracy. program. I am going to spend the next hour She says, ‘‘Take my story as an ex- But, if America could care less about peo- outlining why that is the case and why ample. In 1998, while I went home to ple far away (look at what they have done to it ignores what the real problems are visit my aging parents in China, I was FaLun Gong members and Taiwan recently), I hope you do realize that the PNTR would in the drug industry and the physician taken away by the secret police for in- do no more benefit for American workers, es- practices that now many of our seniors terrogation on many details related to pecially those in the trade Unions where peo- find themselves involved with. our student association and the activi- ple earn a living wage with health and retire- I also want everyone to know that ties of other Chinese Democratic ment benefits. In China, there are no real Medicare has been abused by the Mem- groups and organizations. workers unions; thus, it puts American workers in a much more disadvantaged posi- bers of this body, the other body and For several days, they tried to force me to previous Presidents, because most do things I did not want to do, including tion to compete with. signing a confession letter. On the fifth day Let me stress, I wish that America will workers in this country, as a matter of I was given 20 minutes to pack my luggage protect the human rights of its own people. fact all workers in this country except and say good-bye to my scared parents and Furthermore, America should help to protect if they are a Federal employee, are was forced into Hong Kong. Still, the secret the human rights of its own people by help- paying 1.45 cents out of every dollar police told me they had treated me leniently ing to protect the human rights of the people they earn, no matter how much money because I am married to an American. in the other countries. Only when these countries have human rights and democracy, they earn, into the Medicare part A He had contacted his congressional rep- trust fund. resentative, the gentlewoman from Ohio (Ms. shall the world be in peace. And I wish we As they pay that 1.45 cents, so does KAPTUR), in order to protect me. The govern- could hold morality above money, but not ment told me I must cooperate with them the other way around. And I wish none of us, their employer. So that is almost 3 afterwards and do what they wanted me to including our democratic government, would cents out of every dollar that is earned do if I ever wanted to return home to visit have to kneel in front of a dictatorial gov- by every employee is paid into the my parents again. ernment for money, or mercy, or the human Medicare part A trust fund. Last September, I learned my father had a rights we deserve to have. And finally, with The Congress, with the consent of the 102 degree fever for several days and was di- all of your conscience and help, I wish that Presidents over the last 20 years, have in the near future, I would be able to visit agnosed with cancer. I decided to take a trip stolen $166 billion of that money. What back home immediately. However, about 20 my ill father in my homeland. police stopped me at the Shanghai Inter- Thank you all. they have done is they have put an IOU national Airport. They searched my luggage Sincerely, in there and said we will pay this back and would not let me make phone calls or CIPING HUANG. some day in the future, but they took even go to the bathroom. f that money and spent it on other pro- In the airport I asked them to respect the grams. They did not say we need to WHAT CAN BE DONE TODAY TO United Nations Universal Declaration of raise taxes to do this good program. CHANGE THE CURRENT CLIMATE Human Rights, which the Chinese President They did not say we are going to take had just signed, and let me go visit my ill fa- AS FAR AS PRESCRIPTION the Medicare money and spend it on ther, but my plea was simply ignored. I was DRUGS FOR SENIORS IN THIS this program. They just very quietly put on the airplane back to Tokyo, even COUNTRY though they knew that the hospital had sent took $166 billion out of that trust fund us a critical condition notice which stated The SPEAKER pro tempore (Mr. for a hospital trust fund and spent it on that my father could die any minute. REYNOLDS). Under the Speaker’s an- other programs. In Tokyo, I repeatedly appealed to the Chi- nounced policy of January 6, 1999, the Now that is not a partisan statement. nese authorities to allow me into China for gentleman from Oklahoma (Mr. That is Republicans and Democrats basic humanitarian reasons but to no avail. COBURN) is recognized for 60 minutes as alike. Up until this day, I still have not been able the designee of the majority leader. to visit my poor father. So we now find that as of 2 weeks Mr. COBURN. Mr. Speaker, I wanted ago, that trust fund is going to be to- ‘‘For a long time,’’ she says, to address the American public and I have viewed America, its people and its tally bankrupt by the year 2015. government as the ones who hold the moral Members of the House tonight. I find Now we had some good news this last flags high who would be willing to help and myself in a minority in Washington, week. That has advanced to 2023; that sometimes sacrifice themselves for the peo- both among the Republicans and the is, if we do not do anything with Medi- ple in the rest of the world to gain their Democrats. I am a practicing physician care. basic human rights and dignity, and for hu- that normally practices and sees pa- We know that at least 17 cents out of manitarian reasons. tients on Mondays and Fridays when I every dollar that is paid out for Medi- Now for this permanent normal trade sta- am not in Washington, and I see before care is inappropriate. Where is the re- tus, as well as admission to the WTO, the World Trade Organization, I wish you could us a situation much like a patient who form for Medicare? Where is the fix to prove that again. I wish you could answer would come to me with a fever, chills the very program that is supposed to this question correctly: Is business more im- and night sweats, and the treatment we be supplying the needs of our seniors? portant than the principles we live by? Do are about to give to that patient is to I see every day that I am in practice we care about the human rights condition of tell them to take an aspirin and cover seniors who have a difficult time ac- more than 1.2 billion human lives up in a blanket and go home and they complishing what I want them to do as In the past, the annual congressional will get better, when the underlying far as their drugs. I see seniors, and we conditional renewal of most favored problem is that they have pneumonia. have had described tonight, that have nation to China was able to provide Without totally diagnosing their dis- to make a choice between whether they some leverage for Chinese human ease, what I have done is committed in- are going to eat a meal or take a medi- rights improvement, such as the re- appropriate care and have actually cine. That is not all because there is lease of some political prisoners and harmed the patient. not a prescription drug benefit because the relaxation of the political atmos- If one is a senior citizen tonight, I of Medicare, and what I want to outline phere within China. Unfortunately, as want them to listen very carefully to is some of the deeper problems that are H2196 CONGRESSIONAL RECORD — HOUSE April 12, 2000 associated with the pricing of drugs in 16, 2000, if anyone is interested in what the average wholesale price? Ex- this country, the overprescribing of knowing, clear evidence that there is actly the same as Prilosec. Why is drugs in this country, the lack of re- price fixing that is ongoing in the drug that? Because there is no competition view of drugs that seniors are taking in industry today; clear evidence that the in the drug industry. this country, and what we can do about Justice Department is not doing its job Now, the statements I am making on it to fix it before we ever start adding to make sure that there is competition the floor tonight will be met with hard- another program. among the drug industry. ball politics tomorrow by the drug in- The reason that that is important, The other thing that is important is dustry, my colleagues can bet it. But because if we add another benefit now 2 years ago, which I voted against and unless America wakes up and does not the people who are going to pay for very few of us did, this Congress and go to sleep saying the problem to solve that is our grandchildren. It is not this President passed FDA reform drugs for our seniors is to create a new going to be 3 cents out of every dollar. which allowed prescription drug com- program on a bankrupt program and It is going to be 9 cents out of every panies to advertise prescription-only charge it to our grandchildren, we will dollar, and what is really being said is medicines on television. This year they never solve the problems. The problems the grandchildren’s standard of living, will spend $1.9 billion on television ad- are severe. if we establish a Medicare drug benefit, vertising for medicines that can only There is another thing that could because that is who is going to pay for be gotten if a doctor writes a prescrip- happen tomorrow that would help al- it because it is going to start in the tion for someone. most every person that has been men- tioned in the hour before I started year 2023 and there is going to be a sig- b 1930 nificant price to pay, and that price is speaking. Almost every drug company going to be manifested in the fact that Who is paying for that? We are pay- in this country has an indigent drug their standard of living is going to be ing for it. It is not necessarily more ef- program. They will give drugs free to far less. They will not buy a new home fective for the patient. It does not nec- indigent seniors, but it takes a little because they are going to be paying 6 essarily make us healthier. It just cre- work. The doctor has to fill out some- percent additional out of their income ates a brand name under which that thing. It has to be mailed to the drug for a Medicare program. drug company can sell more of a par- company. They will mail them a 30-day What can we do today to change the ticular brand of drug without nec- supply. One has to keep doing it if one current climate as far as prescription essarily inuring any health benefit to wants them to keep getting it. drugs in this country? I say there is a us as a Nation. We ought to reverse The drug companies are willing to do lot we can do. The first thing we can do that. that, but the physicians in this coun- is we can ask the President to instruct There is no reason to advertise pre- try, because they are already over- worked because of the overburdened the FDA to get on the ball as far as ge- scription drugs on television. That is system of managed care, do not really neric drugs. The gentlewoman from $1.9 billion that would drop out of the have the time to take advantage of Michigan mentioned that she had price of drugs tomorrow. That is ex- pected to go to $5 billion next year. So that. somebody write in and say she was tak- So here we have a benefit that would ing Premarin. For 5 years there has we can take $5 billion next year out of the cost of drugs. lower the cost, would make available been an application pending for an drugs to many of our seniors, but it is identical drug to Premarin that the This year, the average wholesale price of existing drugs in this country not being utilized because of the man- vast majority of women over 50 years dated system and lack of competition of age in this country are taking that rose 12 percent. That is the year 1999. Not new drugs, drugs that were already and the lack of freedom associated will sell for one-sixth the cost that with the health care system that we Premarin presently sells for. out there. The costs associated to those drug companies for those was 1.8 have. Premarin sells for, a month, about There is still another thing that we percent. So they had a six-fold increase $30 average in this country. The same could do, and this one my physician in price for existing drugs with a 1.8 drug made in the same plant in Europe, friends are not going to like. But we percent increase in price. not Canada and Mexico because they heard comments that a senior was on That to me tells us that there is no have price controls, in Europe sells for 17 medicines. Well, I will tell my col- competition in the drug industry. $6.95. How is it that we are subsidizing leagues any person in this country on When the average cost of living was the drug consumption of the rest of the 17 medicines is not feeling well. One of less, the increases all across the board world? There is something wrong with the reasons they are not feeling well is the market. were 3 percent, and prescription drugs, the medicines are making them not So it is not a nonconservative posi- not new drugs, not new benefits, not feel well. tion to ask that competition be re- things that were breakthroughs, in- Most good doctors were trained to do stored. The first thing we do is we get creased four times the rate of inflation, a medicine review at least every couple the FDA to approve more generic we have to ask the question, what is of months on somebody taking 17 medi- drugs. going on in the drug industry? cines. One of the things that makes me I might also note that there was a re- Do not get me wrong. I believe in the happiest when I see seniors, they come cent release March 16 on four drug free enterprise system. I believe in to see me, and I look at the medicines companies where the FTC found that competition. I believe competition al- they are on, if they are a new patient, two drug companies had paid two other locates scarce resources very effec- the first thing I do is take them off drug companies to delay the release of tively. But we do not have competition three or four, and they think I am a their generics. In other words, they in the drug industry today. hero. I am not a great doctor. It is just fixed prices. What that says to us is the A third thing that can happen is we common sense that if one is on too Justice Department in this country ought to put a freeze, no additional many medicines, one is not going to ought to have an aggressive policy that mergers in the drug industry until feel good. is going to attack anticompetitive there is a blue ribbon panel that says The second thing is, if one is on 17 practices in the drug industry. If we do there is, in fact, competition to make medicines, one is not going to be tak- not fix that and we create a Medicare sure that there is true competition. ing them right. So they are not going drug benefit, what we are going to do is A drug was recently introduced that to be effective. waste money in Medicare, besides sup- competes with a drug that is on TV, ev- The third thing is doctors have to plying the need for our seniors which is erybody knows it as the purple pill. It pay attention to what medicines cost. very real. I do not deny that. is called Prilosec. A new drug, does the Guess what? Most physicians are not If we do not fix that underlying pneu- same thing slightly different, one doing that. They are writing a pre- monia in this program and in the drug would think they would want to get scription. Our goal ought to be, as phy- industry, all we are going to do is pay market share. One would think they sicians, is if we are going to help some- more money for it. would want to introduce that new drug body get well, we ought to make sure Those companies, and this can be at a price lower so that people might we can give them a prescription for a found on the FTC Web site as of March switch to that one to use it. Guess drug they can afford to take. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2197 Now, that may not always be the best part A money. So we can claim we have nally came to the acknowledgment drug. It may be one that works 95 per- a surplus, but we have to wink and nod that they could not compete with the cent as well. But if they are taking the at you and say, well, it really is part A United States, that a market economy one that costs $5 that works 95 percent trust fund money, but we are going to was much more efficient than a con- as well compared to the one that costs borrow it, because we cannot control trolled government-run economy. four or five times as much and worked the appetite of the Federal bureauc- He finally reached the point where he 99 percent instead of 95, which would racies. We cannot make them efficient realized that both militarily, economi- one rather have one’s mother and fa- to do what they need to do it, and we cally, and, perhaps, even socially and ther on. I would rather have them on cannot meet the needs of the commit- culturally, that the West had won, and the one they are going to take. ments that we have made to the rest of they had to do something else. I believe So I think there are a lot of common America by making sure government is in markets. sense things that ought to be ap- at least as efficient as the private sec- Mr. Speaker, I believe that the idea proached before we ever start talking tor, what we are going to do is we are of having a big government bureauc- about sacrificing the future of our going to steal the money. racy trying to control prices and make grandchildren by expanding a new Instead of $166 billion that we owe, certain that everybody gets the right Medicare program. we are going to go to $189 billion this drugs, I think that is ridiculous; and Now, let me give my colleagues a lit- year, and then we are going to go to frankly, if anything, here in Wash- tle history on Medicare. We talked $211 billion next year. And then pretty ington, we ought to be restricting the about all the things. The closest the soon, it is going to tail right back off, power of the Health Care Finance Federal Government, the best the Fed- because as we add a drug program, the Agency and of the FDA. eral Government has ever done in esti- numbers are going to be uncontrol- Let me just run through this. There mating the cost of a new Medicare ben- lable. is a group, I believe they are out of efit they missed by 700 percent. So So we have major problems ahead of Utah. I owe them a big debt of grati- when my colleagues hear a new drug us, and they are confused because the tude William Faloon has put out a bro- program is going to cost $40 billion, it only thing that the people in Wash- chure, and this is available to any is going to cost $280 billion at the least, ington want to talk about is answering Member or anyone else who wants to $280 billion. the easy political problem. A senior call my office, we will send them out a Instead of this program being bank- has problem buying drugs, so, there- copy of this. They have done an inter- rupt in 2023, it is going to be bankrupt fore, we create a Federal program that esting study on the differences between in 2007, 2008. Now, politically, if one is buys drugs. That is not the answer that prescription drug prices here and in running for office, it does not take our children deserve. That is not the Europe. much courage to say one will vote for answer that you deserve when you We have a tendency to still think of a Medicare benefit. But it takes a elect people to come up here. Europe as being sort of our adolescent whole lot of courage to say, I do not We need to make the hard choices, child. After World War II, the United think that is the best thing for all of us even if it means we do not get re- States basically made certain that the as a society as a whole. elected, we need to make the hard European economy was rebuilt, but Why do we not fix the real problems choices to fix the programs so they today the European Union has a bigger associated with the delivery of medi- work effectively. economy, in terms of gross domestic cine and drugs and competition within I notice a friend of mine has shown product, than we do. It is interesting in the health care industry. By ignoring up, the gentleman from Minnesota (Mr. respects, we continue to subsidize what it, that patient I talked about that had GUTKNECHT), and I would welcome him is happening in Europe, whether it is pneumonia is going to die, and that is and recognize him now and yield to militarily and even in drugs. what is going to happen to Medicare. him. Let me just run through a few of We will not let it die because the ca- Mr. GUTKNECHT. Mr. Speaker, I these drugs. And frankly the gen- reer politicians do not have the cour- thank the gentleman from Oklahoma tleman probably knows better than I age to challenge the system. It was last (Mr. COBURN) for yielding and for this do what these drugs are prescribed for, year that we finally got the Congress special order and I thank our col- but these are some of the most com- to stop touching Social Security leagues earlier for talking about this monly prescribed drugs in the world. money. But this year, if you will notice problem, because it is a major problem. One the gentleman mentioned earlier these charts, you can see how the And, unfortunately, for both the ad- is Premarin. The average price in the Medicare money comes in. Medicare ministration and some of the leader- United States, according to a study trust money comes in, it goes to the ship here in Congress, what we are done by the Life Extension Founda- Federal Government. They use it, the talking about is solving what some tion, Mr. Faloon’s organization, the av- excess money they put an IOU in there people say is the problem, and that is erage price in the United States last and the IOU is credited to the Medicare that seniors are not getting the pre- year was $14.98 for a 28-day supply. The trust fund. Here is what is going to scription drugs or a benefit that some average price in Europe is $4.25. happen for the next 2 years. people feel they should, when the real Mr. COBURN. For one third of the These are not my numbers. These are problem is runaway prices, and as the price? Congressional Budget numbers as of 2 gentleman indicated earlier, a tend- Mr. GUTKNECHT. Less than a third weeks ago. This year, the surplus in ency to overprescribe. of the price. the Medicare part A trust fund is $22 Mr. Speaker, I am not certain what Mr. COBURN. The same drug? billion. The surplus in the fiscal year we can do in terms of influencing the Mr. GUTKNECHT. The same drug 2000, right now, as estimated by the medical professionals as it relates to made by the same company in the CBO is $23 billion. So $22 billion of the overprescribing, but I think we need to same plant under the same FDA ap- $23 billion that the politicians in Wash- take an honest and sober look at how proval. ington are going to call surplus is actu- much Americans pay for prescription Mr. Speaker, let me run through a ally coming from Medicare trust fund. drugs relative to the rest of the world. few more. Synthroid, now that is a Mr. Speaker, how about us not touch- Now, I do not believe in price controls. drug that my wife takes. In the United ing that? How about us not spending I believe in markets. I believe at the States, the average price for a 50-tablet that on something else? How about us end of the day that markets are more supply of 100 milligrams, the average retiring outside debt, so that when it powerful than armies. price in the United States $13.84. In Eu- comes time for us to use that, we will Last Saturday night, I was privileged rope, it is $2.95. Cumadin, that is a drug have the money, that we will not have to attend a dinner and the last leader that my dad takes. He has a heart con- to go borrow it from our children and of the Soviet Union, Mikhail Gorba- dition. It is a blood thinner I under- grandchildren. chev, spoke to us; and it was inter- stand. Cumadin, 25 capsules, 10 milli- Year 2001, the same thing, $22 billion esting, because as he talked for an hour grams, the average price in the United of the surplus which is projected right and 12 minutes, he went through sort of States $30.25; the average price in Eu- now at $22 billion, it is all Medicare his metamorphosis and where he fi- rope $2.85. H2198 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Let us take Claritin, which is a com- consumers can only buy your drugs of the world for prescription drugs, and monly prescribed drug in America from the most expensive store. it seems to me that we have a moral today, and they advertise quite heav- Now, I asked a businessperson this obligation, particularly now that we ily, as the gentleman indicated earlier, morning. I said, Suppose you are in a are having this discussion about open- the average price in the United States business, and you find out that you are ing up, in effect, perhaps a new entitle- for a 20-tablet supply of 10 milligrams the largest customer of a particular ment, if we do that without dealing is $44. In Europe that same drug made supplier, and yet you also find out that with the real problem, which is run- in the same plant by the same com- they are selling exactly the same thing away prices, then I say, shame on us. pany, same dose everything is $8.75. to some of your friends that are in the I yield back to my colleague from Augmentin, and I do not know what business cheaper than they are selling Oklahoma. Augmentin is for perhaps the gen- to you, even though you are their big- Mr. COBURN. Well, I thank the gen- tleman does. gest customer. How long do my col- tleman for making the point on com- Mr. COBURN. Augmentin is a very leagues think that would last? But that petition, and I think that is the ques- effective antibiotic. is exactly what is happening in the tion I would ask of the seniors and Mr. GUTKNECHT. For Augmentin, a drug industry. those that are out there working today 12-tablet supply of 500 milligram here The FDA, and I believe really with- and those that are going to be working in the United States we pay an average out any legislative approval, has de- tomorrow. Would it not make sense to of $49.50. In Europe, for exactly the cided that they will unilaterally stop try to fix competition within the in- same drug, the price is $8.75. the importation of drugs into the dustry, improve the quality of our United States which are otherwise ap- b 1945 health care and increase the efficiency proved in the United States. And to me and accuracy of the system before we Glucophage. Perhaps the gentleman that is outrageous. We should not go solve the problem? can share with us what this is. stand idly by as a Congress and allow The question is can we make sure our Mr. COBURN. That is an anti-dia- our own FDA to stand between Amer- seniors have available to them the betic drug. ican consumers in general and Amer- drugs that they need, that will give Mr. GUTKNECHT. Apparently it is ican seniors in particular. We should them effective treatment, and can we commonly prescribed; 850 milligram not allow our own FDA to stand be- do that in a compassionate way so that capsules, quantity of 50. The average tween them and lower drug prices. they are not passing up supper to take price in the United States is $54.49. The And the one great thing about mar- a pill or they are not missing a pill to average price in Europe is $4.50. kets, whether we are talking about oil get supper? Can we do that without And this is a group in Minnesota that or we are talking cotton or we are creating a big government program? has done this study. Another com- talking about prescription drugs, I do I can tell my colleague that I believe monly prescribed drug, Prilosec, the not care what it is, the great thing we can. It will not be easy, because we average price here in the United States about markets is they have a way of will have to attack our friends. We are is around $100 for a 30-day supply. That leveling themselves. going to have to say there is not good same 30-day supply, if a person hap- In southeastern Oklahoma, I will bet competition. We are going to have to pened to be vacationing in Winnipeg, that if the gentleman goes to any of go back in and make sure that the Manitoba, and they take their prescrip- the elevators in his district, he will branches of government that are in- tion into a drugstore there, they will find that the elevator in Enid—well, volved in assuring competition in the pay $50.80 for the drug that sells in the Enid is not in the gentleman’s district. drug industry are there. United States for roughly a hundred I am trying to think of one of the That is not to say that the drug com- dollars. towns. I have been to virtually every panies do not do a wonderful job in But here is what is even more trou- town in the gentleman’s district. But if their research. And it is not to say that bling. I will use that term. What is the gentleman were to go to one town they are not going to be doing an even more troubling is that if we were to in southern Oklahoma, the wheat price better job as we have all these geneti- buy that same drug, same company, might be X amount today. And if the cally engineered drugs that will come same FDA approval, but we purchase it gentleman called over to another ele- about in the next 10 years. But we hear in Guadalajara, Mexico, that same drug vator, it might be a different price. The the drug companies say that they will sells for $17.50. chances are the prices would be dif- not be able to do this because all these Now, I do not believe in price con- ferent. prices are based on the fact that we trols. I do not believe we should have a But over time, what would happen? spend all this money on R&D. Well, the new agency to try to control drug Those prices would tend to self-regu- fact is the pharmaceutical industry prices. I believe that markets are more late. Because the farmers start figuring spends more money on advertising powerful than armies. But let me just out that if the elevator in Enid, Okla- than they do on research. They have a say this. A few years ago this Congress homa, is paying a higher price than the cogent argument as soon as that num- passed the North American Free Trade one in Muskogee, they will all start ber on advertising drops significantly Agreement; and we allow corn, we going to Muskogee. And what happens below the amount of money that they allow beans, we allow lumber, we allow is the prices start to level. That is the are spending on research. Until then, cars, we allow steel, and we allow all way markets work. The unfortunate they do not have an argument that kinds of goods to go back and forth thing is that our Federal Government holds any water. across the border between the United has been standing in the way of allow- So our seniors out there tonight that States and Canada and between the ing those markets to work. are having trouble getting prescription United States and Mexico. That is And so, again, I would say that Mem- drugs and affording it, the first thing what free trade is all about. But there bers who would like a copy of this bro- they need to do is to ask their doctor is one exception. We do not allow pre- chure, and I must say that I had noth- to make an application for them for scription drugs to go across those bor- ing to do with writing this, but this the indigent drug program that almost ders. brochure, put out by the Life Exten- every drug company has. That way And, really, to give an analogy, and sion Foundation, is a reprint of their they can at least have the drugs. it is the best analogy that I have come February Year 2000 brochure, which Number two, they should ask their up with, let us just say that there are tells the whole story. It gives an excel- doctor if in fact there is not a generic three drugstores. One is on the north lent chart of how much more American drug that could be used that will be al- side of town, one is on the south side of consumers are paying. most as effective and that will save a town, and one is downtown. Now, there Now, again, I do not want price con- significant amount of money each is over a 50 percent difference in the trols. But this is what I say to my sen- year. prices that those three stores charge, iors: we should not have ‘‘stupid’’ Number three, they should ask the but our own FDA, our own Federal tattooed across our foreheads. It is out- doctor if he or he is sure that every Government, the Food and Drug Ad- rageous that Americans are paying up- medicine they are taking they have to ministration, says, Oh, you American wards of 40 percent more than the rest be taking. That way we can make sure April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2199 that the patients are getting medicines Now, 56 is important, too, because And drugs are wonderful things. And that they need today; that the medi- over the last 4 years prescription drugs I certainly do not want to take any- cines that they are taking are as effec- in the United States have gone up 56 thing away from the pharmaceutical tive and cost effective as well, and that percent, 16 percent just in the last companies. But as I say, I do not think they truly need them. year. One of the biggest driving costs we should be required to pay more than That takes care of part of the de- in terms of the cost of insurance over our fair share of the cost of developing mand. The other thing they can do is the last several years has been the in- those drugs, of making those drugs, of insist that their representatives ask creasing cost of prescription drugs. getting those drugs approved, and then the Justice Department to look aggres- Now, again, that is important. We plowing more money back into the sively at collusion and anti-competi- need prescription drugs. We need to next generation. tive practices within the drug industry. make certain that we are doing what So I think we are on the same page. They should ask their elected rep- we can so that the next generation of I just want to finally say this. This is resentative to reverse the bill 2 years drugs can come online. I believe in re- a matter of basic fairness. As I said ago that allowed drug companies to ad- search, and I believe part of the reason earlier, I do not think we should allow vertise prescription drugs on tele- we enjoy the high standard of living our own FDA to stand between Amer- vision. Because we could save at least that we do in America today is because ican consumers and more reasonable $2 billion this year, $5 billion next year of the research that has been done in drug prices, because that is what is in terms of the cost of drugs. the past. So we do not want to cut happening today. Finally, they should ask that their that. We do not want to create a new Finally, not hearing most of the dis- representative not steal one penny bureaucracy. But we also do not want cussion from our friends that spoke be- from Medicare this year to run the to steal from our kids, and we do not fore us, this is not a debate between Government. And if in fact we do those want to ‘‘solve this problem’’ by cre- the right versus the left. It is not even things, we can meet the needs of our ating a whole new entitlement. a debate between Republicans versus seniors, we can preserve Medicare and Here is another fact. Last year, ac- Democrats. This is really a debate extend its life, and we can assure that cording to the Congressional Budget about right versus wrong. And it is our children and our grandchildren are Office, we, the American people, we the simply wrong for us to shovel billions not going to be burdened with another taxpayers, the Federal Government, of more dollars into an industry who program that is inefficient, underesti- spent over $15 billion on prescription right now is charging Americans bil- mated in cost, and really does not solve drugs. Now, that is through Medicare, lions of dollars more than they would the underlying problem associated with Medicaid, the VA, and other Federal normally pay in terms of a world mar- prescription drugs for our seniors. agencies. I yield to the gentleman from Min- ket price. Mr. COBURN. Let me clarify that for b nesota for any additional comments. a minute, because I want to be sure all 2000 Mr. GUTKNECHT. Well, I thank the our colleagues understand that. That is The answer is not to steal more from gentleman from Oklahoma (Mr. Federal payments for prescription our kids to give more money to the big COBURN). pharmaceutical companies. The answer I would only say that I think what drugs. Mr. GUTKNECHT. Just Federal pay- is coming up with a market-based sys- the gentleman is really saying is, and ments. Now, there is a match with tem that allows some kind of competi- this is really an interesting debate, tive forces to control the price of the that at the end of the day it is about Medicaid, there is a match with some drugs and therein creating the kinds of fundamental fairness. It is, from a of the other programs, and of course in savings which will make it much easier generational perspective, wrong for us some of those cases the individuals for us and for those seniors to get the to borrow from the next generation. themselves had some kind of a copay- But it is also wrong for the drug com- ment. But that is what the Federal drugs that they need. panies to require Americans to pay the Government spent for prescription And so, my colleague is absolutely lion’s share of all the research and de- drugs last year, according to the Con- right, this is not an unsolvable prob- velopment cost as well as footing most gressional Budget Office. lem. If we will work together, if we will of the cost for their profit. And the Now, virtually every study I have listen to each other, if we will be will- dirty little secret is that that is what seen, independent studies, say that ing to tackle some of those tough prob- is happening in the world today. We Americans are paying at least 40 per- lems, and if we are willing to take on have a world market, but the drug cent more than the world market price some of the entrenched bureaucracies, companies have realized that they can for those drugs. Now, I am not good at whether it is at the FDA or the large get most of their profit, most of their math, and I demonstrated that this pharmaceutical company, the Depart- research and development money, from morning; But let us say 30 percent. Let ment of Justice, and even some of our the American market. us say we are already getting some dis- friends in the medical practice, if we Now, I think Americans should pay counts. And I suspect we are. I do not are willing to ask the tough questions, their fair share of research cost. I think we are paying full retail at the force them to have to work with us to think that is important. I agree with Federal level for our prescription find those answers, this is a very solv- the gentleman that I am not certain drugs. So let us say we are getting able problem. Americans should have to pay adver- some discounts. But let us just say we I just hope we do not make the mis- tising costs. Ultimately, it really could bring our prices somewhere near take of creating a new expensive bu- should be the decision of the doctor the world average price for these same reaucracy, a new expensive entitle- more than being market driven and drugs. If we could save 30 percent times ment and, at the very time we ought to having almost a pulling effect through $15 billion, that is over $4 billion. be doing more to control the prices of the marketplace by advertising, by That would go a long ways to solving prescription drugs, have the net prac- broadcasting on television, radio, and our problem, to making certain that tical effects of driving them even high- so forth. I am sure that that is an issue people on Medicare all have the oppor- er. That would be a terrible mistake that we need to address. tunity to get the drugs that they need not just for this generation but for the But I want to come back to just how and, again, that they do not have to next, as well. much more we pay. It is not just us make the choice that the gentleman Mr. COBURN. Mr. Speaker, I thank saying this. This is a study done by the talked about earlier. They do not have the gentleman for his comments. Canadian Government. If people forget to choose between eating supper on In closing, the next time my col- everything that I have said tonight, re- Friday or taking the drugs they need, leagues hear a politician from Wash- member a couple of numbers. One of not only to preserve their health but to ington talk about prescription drugs, the most important numbers is 56. By preserve their quality of life. Because ask themselves why they are not treat- their own study, the Canadian govern- drugs are important in that regard. It ing the pneumonia that this industry ment says that Americans pay 56 per- is not just about extending our life, it has, ask themselves why they are not cent more for their prescription drugs is about improving the quality of our saying there needs to be competition in than Canadians do. life. drugs, ask themselves why they are not H2200 CONGRESSIONAL RECORD — HOUSE April 12, 2000 saying the FDA needs to be approving The second issue that I would like to eral, about how we came about to pre- more generics, ask themselves why talk about tonight is also a doctrine serve and to store our water through they are not speaking about the under- that has particular specifics in regards water storage projects. lying problems associated with deliv- to the West. It is called the Doctrine of But let us begin I think with an ap- ery of health care and medicines to our Multiple Use. propriate quote from a gentleman seniors instead of creating a new pro- The third subject I hope I get an op- named Thomas Hornsberry Ferrell. He gram which our children will pay for portunity this evening to talk about is said, speaking about Colorado, ‘‘Here is but, most importantly, will be twice as on the issue of education. a land where life is written in water. expensive as what it should be because Mr. Speaker, it seems, as my col- The West is where water was and is fa- we have not fixed the underlying prob- leagues know, last evening I spoke ther and son of an old mother and lems. about education. I spoke about dis- daughter following rivers up immen- I want to leave my colleagues with cipline in the classroom. I spoke about sities of range and desert, thirsting the one last story. I recently had one of my the fact that we need to assist our sundown, ever crossing the hill to senior patients who had a stroke. She teachers out there by having some con- climb still drier, naming tonight a city was very fortunate in that she had no sequences of misbehavior in the class- by some river a different name from residuals. But the studies of her ca- room. And apparently I hit a soft spot last night’s camping fire. Look to the rotid arteries proved that she had to be with some people because I heard from green within the mountain cup. Look on a medicine to keep her blood from some people overnight say, how dare to the prairie parched for water. Look clotting. you talk about discipline in the class- to the sun that pulls the oceans up. One of my consulting doctors wanted room. Look to the cloud that gives the oceans to put her on a medicine called Plavix. I could not believe it. Some of these back. Look to your heart, and may It is a great drug. It is a very effective people were very antagonistic. I am your wisdom grow to the power of drug. The only problem is it costs over pleased to say I did not get many let- lightning and the peace of snow.’’ Let us say a few basic facts so that $200 a month. The alternative drug that ters out of the West. I got them out of we understand really some funda- does just as well but has a few more the East. And I am sure I got them, in mental things about water. First of all, risks, which she had taken before in my opinion, from some pretty liberal I have got a chart and I know it is the past, is Coumadin. people that, for some reason, think somewhat small, but I hope that my Now, the difference in cost per month that we should follow political correct- colleagues are able to see it. Let me go is 15-fold. I could have very easily writ- ness when we talk about classroom dis- through it. It talks about water usage. ten her a prescription for Plavix. She cipline, that, for some reason, class- It is very interesting, very few people would have walked out of the hospital, room discipline really is not a problem realize how much water it takes for life not been able to afford the Plavix, and in today’s school system. So I hope I to exist, how much water it takes to had another stroke, or I could have have an opportunity to come back to feed a person three meals a day, how done the hard work and said, this is that subject because it is something I much water it takes to feed a city, for believe very firmly in. going to do 95 percent of it. It is going example, their drinking water or their to be beneficial. It has a few risks. Here Education is so fundamental for the survivability of this country. It is so cleaning water or their water for indus- is what this costs. What do you think? trial purposes. But this chart kind of She chose to take the Coumadin be- fundamental for our country to remain the superpower in this world that we gives us an idea. cause that gives her some ability to The chart is called ‘‘water usage.’’ I have to give it all of the attention that have some control of her life. would direct the attention of my col- we can give to it. But it also means So these are complex problems; and I leagues to my left to the chart. Ameri- that we have got to be ready to face do not mean to oversimplify them, and cans are fortunate, we can turn on the I do not mean to derange either the the music. And when we have problems faucet and get all the clean, fresh physicians, the patients, or the drug with discipline in our school system, water we need. Many of us take water companies, other than to say that our sometimes we cannot be politically for granted. whole economy is based on a competi- correct. Sometimes we have got to go Have my colleagues ever wondered tive model and, when there is no com- right directly to the problem. I hope we how much water we use every day? petition, there is price gouging. have an opportunity to talk about This is direct usage of water on a daily Today I honestly believe in the drug that. basis, our drinking and our cooking industry there is price gouging. We But let us talk and begin, first of all, water. Now, this is per person. Our need to fix it, and we need to fix that by talking about water. Water in the drinking and our cooking water, two before we design any Medicare benefit West is very critical. One of the con- gallons of water a day. Flushing of our to supply seniors with drugs, especially cerns I have is here in the East. In fact, toilets on a daily basis, five to seven since there are free programs out there when I came to the East for the first gallons per flush. That is on an aver- that are not being utilized that are of- time, I was amazed at the amount of age. We now have some toilets that fered by the drug companies. rain that we get in the East. In the have reduced that usage somewhat. f West, we are in a very arid region, and Washing machines, 20 gallons per load. we do not have that kind of rainfall. It Now, remember, this is daily. Twenty DIFFERENCES IN APPLICABILITY does not rain in the western United OF WATER USAGE IN WEST AS gallons per load. Dishwasher, 25 gallons States like it rains in the eastern every time we turn on that dishwasher. COMPARED TO EAST United States. As a result of that, we Taking a shower, 7.9 gallons per The SPEAKER pro tempore (Mr. have different problems that we deal minute. In essence, eight gallons every WALDEN of Oregon). with in regards to water. minute a person is in the shower. Eight Under the Speaker’s announced pol- My district is the Third Congres- gallons of water. icy of January 6, 1999, the gentleman sional District of Colorado, as my col- Now, growing foods takes the most from Colorado (Mr. MCINNIS) is recog- leagues know. It is a mountain district. consumption of water. As I said earlier, nized for 60 minutes. The district actually geographically is water is the only natural resource that Mr. MCINNIS. Mr. Speaker, this larger than the State of Florida. And if is renewable. But in our foods, growing evening in my night-side chat I would any of my colleagues here have ever foods, the actual agriculture out there like to take the opportunity really to skied in Colorado, if they have ever is the largest consumer of water in the talk about three subjects. gone into the 14,000-foot mountains, Nation. And here is why growing foods The first subject is the subject that with the exception of Pike’s Peak, they takes the most water. is very important to all of us, obvi- are in my district in Colorado. One loaf of bread takes 150 gallons of ously. It is the only way that we can Water is very critical, as it is every- water. From the time they till the survive. But in the West there is a lot where else. But we are going to talk field, to watering the field, to harvest of differences on the applicability of it about some of the different aspects of the wheat, to take care of the indus- as compared to the East. And that is water, about the spring runoff, about trial production of the bread, to actu- water. water storage, about water law in gen- ally have the bread mix made and have April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2201 it delivered, 150 gallons of water for Colorado is the highest congressional where all of our free-flowing water goes one loaf of bread. district in the Nation. So as a result of out of the State. Colorado is the only One egg. To produce one egg through that, we have a lot of variance over, State in the union that has no free- the agriculture market, it takes 120 say, a lower elevation. For example, flowing water coming into the State gallons of water. One quart of milk, 223 our evaporation. We have about an 85 that we are able to utilize. So as you gallons of water. One pound of toma- percent factor of evaporation at that can guess, as they say, water runs toes. One pound of tomatoes takes 125 kind of altitude; and we have a lot of thicker than blood in Colorado and gallons of water. One pound of oranges, water, as Members know. We have a lot that applies to the other mountain 47 gallons of water. One pound of pota- of snow that comes down, but we have States and the West in general. toes, 23 gallons of water. Those are to deal with evaporation at a very high Now, Colorado is called the mother of pretty startling statistics. percentage. rivers. Why? Because we have four We go down a little further. Did my When we talk about Colorado, what I major rivers that have their head- colleagues know it takes more than a am going to do instead of talking about waters in the State of Colorado. We thousand gallons of water a day to all of the States of the West, I thought have the Colorado River, and I will produce three balanced meals for one I would focus specifically, obviously, come back to the Colorado River in a person? So, in one day, for one person on the area I know the best, and that is moment. We have the South Platte to have three balanced meals, when we Colorado. Let us talk about the charac- River, and the South Platte River total up all the water necessary to pro- teristics of Colorado and the different drains the most populous section of the vide for that, it is a thousand gallons problems and issues that we deal with State and serves the area with the of water a day. water in Colorado. greatest concentration of irrigated ag- On average in Colorado, we get about What happens to 50 glasses of water? ricultural lands in Colorado. That is 16, 161⁄2 inches of water every year. We On the chart here on my left that I di- the South Platte. do not have much rainfall. If Members rect my colleagues to, we have 50 glass- We have the Arkansas River. That have been out to the mountains of Col- es of water. Forty-four glasses of water begins up near Ledville, Colorado. It orado, which as I said earlier is the dis- flows south and then east through are used for agriculture. Two glasses trict that I represent, they know that southern Colorado and then down to- are used by the cities for domestic in the springtime and throughout the wards the Kansas border. We also have water. And a half a glass is used for summer we have rains, but those rains the Rio Grande River. That Rio Grande rural housing. But we can see, out of are very brief. Our typical rainstorm drainage basin is located in south cen- the 50, 44 glasses of water are used just comes in, lasts 20 minutes, and it goes tral Colorado. It is comparatively for agriculture. away, comes back the next day and small compared to the other rivers and Now, there is some very interesting generally in the mountains. things about water in the world. Keep Out in the plains we may not see it has less than 10 percent of the State’s in mind these statistics. Ninety-seven for a long time. We do not have heavy land area in it. percent of the water supply in this rains as you do here in the East. But Let us talk about the Colorado River. world is salt water. And today’s tech- we have a lot of variances. For exam- That is a very important river for the nology, although we have a very expen- ple, in my particular district, in the re- entire Nation. Twenty-five million peo- sive process for desalinization of gion of the mountains, we have 80 per- ple get their drinking water out of the plants, essentially, we really do not cent of the water. Eighty percent of Colorado River. The Colorado River have an economical process to take the population in Colorado lives out- drains over one-third of the State’s salt water and convert it to drinking side those mountains, in cities like area. And although only about 20 per- water. Ninety-seven percent of the Denver and Colorado Springs and Fort cent of the Colorado River basin exists water in the world today is salt water. Collins and Pueblo. Now, in Colorado in the State of Colorado, the State of Of the remaining three percent, we because we do not have much rainfall, Colorado puts about 75 percent of the have three percent left, 75 percent of we depend very heavily on the snows water into that basin. that remaining three percent is water during the wintertime and for a period The Colorado River provides a lot of tied up in the ice caps. Of all the water of about 60 to 90 days called the spring things besides water. It provides clean we have, only .05 percent of that water runoff when the snow melts off our hydropower, for example. Just out of is in our streams and in our lakes. So highest peaks and comes down, for that the Colorado River alone, we irrigate it gives us an idea of the challenge that period of time we have all the water we over 2 million acres of agricultural we face. can handle. But after that period of land throughout that river basin. Now, Now, in the United States, when we time in Colorado, if we do not have the the river is very unique. As Members take a look at what is the lay of the capability to store our water, to dam know as I described earlier in the West, water, we find that 73 percent of the our water, we lose the opportunity to everybody is trying to grab for water. stream flow in the United States is utilize that water. And so as a result of that, there are a claimed by States east of the line Now, the rivers and streams through- lot of what we call ‘‘compacts.’’ They drawn north to southeast of Kansas. out this Nation have a lot of history to are in essence treaties, how do we agree how the water is going to be b 2015 them. When we take a look at the fron- tiersmen that went out into the West, shared. So 73 percent of the water in the for example, to settle the West, re- And, of course, we also have to re- United States lies in this part of the member the old saying, go West, young member there are some basic things Nation. Now, when we take a look at man, go West. When we take a look at about water. Remember I said earlier the Pacific Northwest, in the Pacific it through these wilderness areas, and that water is the only natural resource Northwest there is about 12 percent of everything was wilderness in the West, that renews itself. In other words, what the water. Over here we have 73 percent really your path, your highway logically follows is one person’s water of the water essentially in the East. Up through the wilderness were the rivers waste could be another person’s water. in the Pacific Northwest, we have and the streams. It is where life really For example, some people have said in about 12, 13 percent of the water. The centered around, the communities were Colorado, why don’t you go and line balance of the water which is about 14 built around it, the trappers. The trap- your ditches, let’s put concrete on the percent, is water that is shared by 14 pers trapped by the rivers and the bottom of your ditches and therefore States in the West. This is the arid re- streams. Even the miners and the min- you avoid seepage; the water doesn’t gion of the United States, those 14 erals when they discovered minerals in seep out of the ditch. Well, you have to States. They include States like Colo- the Rocky Mountains of Colorado, for be careful about that because that rado, Wyoming, New Mexico, Utah, Ar- example, it centered around streams. water seepage may be the very water izona, Colorado, Nevada. Those are the That is why when you go through Colo- that provides water for the spring or dry States in our country. rado, most of your communities are the well or the aquifer many, many Now, Colorado is the highest State in built there near the streams. miles away. the Nation. In fact, the Third Congres- But what is unique about Colorado is Someday technologically, I hope in sional District which I represent in we are the only State in the union our lifetime, we will be able to pull up H2202 CONGRESSIONAL RECORD — HOUSE April 12, 2000 on a computer screen the map, the dition to having the doctrine of prior leagues from the East, colleagues from water map as, for example, in the State appropriation, also recognizes uses in across the Nation that recognized that of Colorado where all of those little priority. The highest priority or the out in the West we had to have water fingers of water, where they all begin, preference of water use with the high- storage. where they all move, how they move, est priority in Colorado is domestic use I hope that many of my colleagues, at what speed they move, and what for your home, the second use is agri- while tonight you may not be particu- kind of cleansing process they go cultural use in priority, and the third larly interested in Western water prob- through. It is very interesting if you use is industrial use. lems, I hope that tonight’s comments really want to get into it. In Colorado, we also have a unique give you an opportunity that when But water on its face is a pretty situation. We are pretty proud of this some questions arise, for example, tough product to sell an interest in. because we are very conscious of the about Lake Powell or water storage Why? I do not mean property interest. environment out there. Obviously, if projects, you remember the reason that I mean, people do not worry much you have been out to the district, you these were put up. In the West, we did about water as long as they turn on the have been out to Colorado, you have a not just go out willy-nilly and say, faucet and the water is there, number deep appreciation of why we are proud let’s put a dam here and let’s put a one, and, number two, the water is of our environment out there, what we dam there. That did not happen. There clean. Therefore, it is an obligation of have to protect out there. One of the are reasons that those dams are there. the leaders of our country, leaders such things that we have discovered There are reasons that we have to store as you and myself, it is our obligation throughout the years is there is a lot of that water. And so I urge my col- to assure that we have quantity of damage to an environment if you run leagues, as the issues of water and stor- water and that we have clean water for the creek dry. So what we have done in age of water in the West come in front the future. Colorado is we have appropriated in- of you, take a deep look at why those Let us go back to the Colorado River stream rights, minimum stream flows projects were built in the first place, basin for a moment. The Colorado over thousands of miles of stream beds why those projects are important for River basin really has compacts on it, so that we guarantee that a minimum the West. and because the Colorado River goes amount of water will remain in those down throughout and actually ends up streams so that we can mitigate and b 2030 in the Gulf of Mexico, the Colorado minimize the environmental impact. River really goes to Mexico, ends up in Now, clearly we are always going to We have a project we are going to the Gulf of Mexico, we have several have some impact. If you are going to talk about this year, the Animas La- compacts. The major compact, the Col- take water out and drink it, you are Plata project, a very interesting orado River compact, is between the going to have less water in the stream project. I am going to spend a couple upper basin States and the lower basin or in the creek. So you are going to minutes with you right now talking States. The upper basin States, for ex- have an impact. We have to have a bal- about that. ample, would be Colorado, Utah, New ance there. We think in Colorado we Years ago, when the population in Mexico. Lower basin States would be reach a pretty good balance. Now, the East and our leaders back here in like Arizona, California, Nevada. And clearly we have some people that ob- the East wanted to settle the West, we have an agreement on the Colorado ject to that. We have some people, es- they ran into a number of different River on this Colorado River compact pecially located in the East, things problems. One of the problems were the which says that the upper basin States like Ancient Forests and some of the Indians. My gosh, there are people on and the lower basin States are each en- Earth First and some of those type of this land that we want. titled to 71⁄2 million acre/feet per year. people, the National Sierra Club, those Well, the response to it was, we will An acre/foot is enough to feed a family people that want all of our dams taken push them off it. What do we do with of four. It would be about a foot of down. them? Essentially what they did when water over a football field, enough In fact, the National Sierra Club, they got to Colorado is they took the water that should feed a family of four their number one priority is to take Indians and said, look, we are going to for a year. 71⁄2 million acre/feet per year down Lake Powell. Lake Powell has shove you into the mountains. We want is how that is divided. more shoreline than the entire Pacific the plains. We want the large herds of I am going to get into a little more West Coast. Lake Powell is a major buffalo. We want the agricultural lands about that, but first of all let us talk a power producer, hydropower, clean out there. So sorry, Indians, there is little about Colorado water law. I am power. Lake Powell is the major flood not room for you. We are going to just going to summarize and give some control dam we have in the West. Lake shove you into the mountains. So they very basics to it, Mr. Speaker, because Powell is the main family recreational shoved them into the mountains. the law here in the East is really based area for many States around it. Now, Then what happened was they began on the riparian doctrine. Our doctrine the only people that would want to to discover minerals in the mountains. is based on what is called the Colorado take down Lake Powell are people that The white men found there were gold doctrine in the State of Colorado. The do not have, in my opinion, a lot of, in the streams, in the creeks. There history of the doctrine came about in one, appreciation for the uniqueness of were massive mineral deposits in those the California gold rush days, when all the West and the needs of the West; mountains. Those mountains all of a of a sudden we had a lot of settlers two, do not have a lot of appreciation sudden became valuable. going out to the mountains about 1849. for human needs; and, three, frankly So, what did they do? Time for the And because the water in Colorado, be- maybe they do not care about the Indians to move again. They took the cause of the aridness of the Colorado, needs of the West. Indians and they moved them down to we came up with the doctrine that no But let us go back to our subject here the southwestern part of Colorado, matter how far away you are from the at hand. We have given a brief outline down into the desert. And, mercifully, river, our doctrine is first in use, first of the prior appropriation. Now, let us somebody in the administration or in in rights. So the first one to go to the talk about water storage. As I men- the leadership back then said, look, river and use the water, no matter how tioned to you earlier, we just talked a there is no water down there. There is far away they live from the river, if little about Lake Powell, but water not water for those people in those they are first to use it, they get first storage is critical for us in the West. desert lands. We need to provide some right. If they are second to use it, they We have to have these dams. The Fed- water for them. fall in priority to second place; if they eral Government recognized this many So that is exactly what they did. The are third to use it, they fall in priority years ago. Great governmental leaders government provided water rights, and to third place. That is basically known like Wayne Aspinall, a Congressman promised the Native Americans, the In- as the doctrine of prior appropriation. from the State of Colorado, helped au- dians, as they were called back then, Now, as I said, the eastern States pri- thorize these projects. And we had sup- promised water rights for their lands. marily follow the riparian doctrine. port frankly from Congresspeople, col- Well, years ago when the water Now, the Colorado constitution, in ad- leagues of ours that preceded us, col- projects for the West were authorized, April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2203 the government agreed with the Native important to understand about the Here is what happened. In the West, Americans to go ahead and help de- West, and that is the concept of use. If when they were settling the rest of the velop those water rights. Those were you were ever in Colorado, and there country, and I say the West, really water rights owned by the Native are still a few signs, or actually out in anything West of, you get out here of Americans pursuant to treaty. the mountains, out in the West, you New York, of South Carolina, Ken- So as a part of the development of still see some of these signs on na- tucky, out into this country, they de- those water rights so the Native Amer- tional lands, and the sign might say, cided in those days ownership of land icans could utilize the water they had for example, ‘‘Welcome, you are enter- was not simply just a deed. The fact been promised, that they had con- ing the White River National Forest.’’ you owned a deed to the land did not tracted for, in order to help them de- But underneath that sign is another mean a lot out here in the wilderness, velop it, they promised certain water little sign, and it says ‘‘The land of out in the wild areas of the country. In storage projects, one of them being the many uses.’’ ‘‘The land of many uses.’’ fact, back then possession really was Animas La-Plata. Let us talk a little history. What nine-tenths of the law. You have heard Then what happened was the govern- does multiple use mean? Multiple use that quote many time. ‘‘Well, posses- ment began to stall, so the Native means exactly what it says, that the sion is nine-tenths of the law.’’ That is Americans decided to sue the Federal lands out there are not intended for where it came from. Government in the courts, because, as one singular use, that the survivability In the early days of the settlement they said, rightfully so, wait a minute, of many different things, of humans, of by the white man out here in the West, United States Government, we made a animal species, of the environment, it possession was nine-tenths of the law. deal in Washington. We made a deal. depends on a balanced approach on how So the leaders in the East decided hey, You gave us these water rights in ex- to use those lands, and the balanced we have got to provide some kind of in- change for our lands. You signed a con- approach is what is called multiple use. centive, we have got to give an incen- tract. You made a treaty with us to Now, how did multiple use come tive for people to move into the West, build our water storage project, yet about and how is it that the Federal to settle this land. We have got to get you continue to delay and delay and land ownership is so massive out in the our citizens in possession of that land, delay. West and almost minimal, and ‘‘mini- the land they had purchased, for exam- So the best government lawyers mal’’ would be a pretty generous de- ple, through the Louisiana purchase. came in and advised the government scription, in the East? We have got to get people on the land. leaders at the time, you are going to In order to have an accurate reflec- How do we do it? Because, frankly, life lose this case. You need to do what you tion of what I am talking about, I have in the city is fairly comfortable. Life said you were going to do with the Na- got a map for you here which shows the in the West is pretty rough. They have tive Americans. You need to build that United States, obviously. You will see, to go on horseback, a wagon. It is pret- project. I ask my colleagues to divert their at- ty rough. So the government went to the Na- tention over to the map for a moment, Somebody came up with the idea, tive Americans and said let’s settle the if you really go down this line, which is well, let us do this. Let us tell these case. So they settled it. The Native down the Colorado border, down the settlers that if they go out there, we Americans accepted less than they Wyoming border, down to Montana, will give them land. And the American were entitled to, but they were willing you go down that line, through eastern dream has always been to own your to live with that compromise, because Colorado, clear down and go along the own piece of land. Today, for our con- they wanted the wet water. They did border there over to New Mexico and stituents, the young people, the old not want cash, they did not want trin- around the border of Texas, you will people, the middle age people, we all kets, they wanted wet water, water see that practically from this point to dream of owning our own little piece of they could put their hands in and feel the east, from that point to the Atlan- land. Ownership of land is American. the wetness. So what they said was hey, what tic Ocean, Federal Government owner- Well, lo and behold, pretty soon some stronger incentive can we give to these ship of land is minimal. environmental organizations started people to encourage them to become Now, you have got some blocks of suing, and pretty soon there is an ef- settlers and move to the West than to land out here in the Appalachians, the fort to stop the building of the Animas offer to give them land? La-Plata water project down in South- Catskill Mountains, some down in the So they said all right, what kind of western Colorado. Everglades and some up here in the land should we give? Let us call it, Once again, who loses? The Native northeastern section. But take a look they said, the Homestead Act or any Americans. So the Native Americans at the eastern United States and land number of other acts, and let us give come back again, and once again they ownership there by the government, them 160 or 320 acres. And if they go make an agreement to get even less and compare it with land ownership in out and they possess that land and than what they got the first time they the West. In the West, as you can see, they work that land for a period of made the agreement and the second most of the land is owned by the Fed- time, say 3 years or 5 years, depending time they made the agreement. eral Government. In fact, in 11 states on the act, we will let them have the Now what do we see in the last cou- here in the West, in 11 states, 47 per- land free. It is their land. It is their ple of years? Once again the United cent of that land is owned by the Fed- land forever. States is continuing to stall and delay. eral Government. Well, that worked okay, until you hit In fact, there have been proposals by Now, remember, that is not all the the mountains, until you hit the arid some organizations out there, do not government owns, because you have areas of the West. When you got into give them any water at all. Let us just state government lands, you have mu- the states like Kansas and Nebraska pay them with some cash. Give them nicipal land, you have special district and Ohio and the Dakotas, you know, some trinkets. Give them cash. lands. So there is a lot besides that 47 you could take 160 acres in that rich They do not want cash, they want percent. But because of the fact that farmland of Ohio or Nebraska and you their water. Fortunately, I think we you have such massive ownership of could raise a family on it. That is very have come to agreement with the ad- public lands, or they call it public fertile ground. ministration this year to move the lands, such massive ownership by the But what was happening was the set- Animas La-Plata project into reality. Federal Government, it creates by its tlers were coming out here, and all of a It has taken a lot of effort, and I must own consequence a lot of differences sudden they stopped. They were not compliment my colleague, Senator between the West land uses and land going into the mountains. Maybe some NIGHTHORSE CAMPBELL. This is a big uses in the East. would go around the mountains and try issue out in the West. A lot of effort Now, how did this come about? Why to find gold in the California area, out has been put into it, and hopefully we did our leaders not many many years here where you do not see much gov- can get this storage project in the west ago who preceded us many, many gen- ernment land ownership in California. put together. erations ago, why did they not spread They were going around it. Now, when we speak about water it this land ownership out throughout the So the problem came back to Wash- leads us to another issue that I think is country more evenly? ington. Hey, we are doing okay, again H2204 CONGRESSIONAL RECORD — HOUSE April 12, 2000 referring to this map, doing okay in are the ones who dictate, they are the people; of the resources that they use, the eastern United States, everything ones who dictate our planning and zon- of the transportation that they use. east, let us say of Denver, Colorado. ing in the West. That is a big dif- So multiple use is a very, very impor- People are settling, were possessing the ference. That is why we have sensitivi- tant concept for us, and I hope that my land. But where the Colorado Rockies ties out there in the West. That is why comments tonight have given Members start, from north to south, west, the it is important that we protect the a little idea about this. There are a lots people are not going in there. What do concept of multiple use. of exciting things that go on in the we do? Let me read just a couple of things. West in regard to our land use. The problem came up, well, you The Federal government owns, as I said Over the last 25 or 30 years, we have know, to raise a family in Nebraska, earlier, 47 percent of the land in the 11 recognized the technology that allows for example, on the rich fertile land public lands States all located in the us to utilize our lands in such a way out there, it is 160 acres. To do the western United States. In four States, that they can become more environ- equivalent in the Colorado Rockies, for the Federal government owns more mentally friendly. We have figured out example, and I keep referring to Colo- than half of the land: In Idaho, in Ne- how to use water in a more environ- rado, obviously other states share the vada, in Oregon, and Utah. In Colorado, mentally sensitive form. There is a lot Rockies, so I am really referring to the more than one-third of the land is of progressive movement in the West mountain West, but to do the equiva- owned by the Federal government. on these lands to help preserve our en- lent in the mountains, instead of 160 Are we dependent on these lands? We vironment, because many of those com- acres, you may need 1,600 acres, or 2,000 are absolutely dependent on these munities out there are almost totally acres, or 3,000 acres. The leaders in lands. Humans could not live out in the dependent on a clean, healthy environ- Washington said wow, we cannot give West without the permission of the ment. away that kind of land. We cannot go Federal government to use those lands. If Aspen, Colorado, for example, or out there and tell people we are going Some would say, well, is that not Beaver Creek or Telluride or Vail or to give thousand and thousands of kind of an exaggerated statement? The Glenwood Springs or Durango, if they acres to one person if they go out and fact is that it is not exaggerated at all. had a dirty environment, would Mem- live on and work that land. What do we Think about it. Take any community bers go out to visit it? Of course not. do? in my district. Glenwood Springs, Colo- We have lots to lose out there. We have That is where the birth of the con- rado. If you have not been there, go a lot at risk with our environment out cept of multiple use came about. The visit; a beautiful community, my there. That is why we take no shame in Federal Government decided the an- hometown. In Glenwood Springs, or a the positions that we advocate for the swer to this, to encourage settlers to town more that my colleagues might protection of our lands out there, for go out, is, look, the Federal Govern- be acquainted with, Aspen, Colorado, the protection of the water out there. ment will retain ownership. The Fed- take Aspen, Colorado, every road into I hope my colleagues here recognize eral Government will continue to own Aspen, Colorado, comes across govern- that. I hope as the different issues these lands out here, but you are going ment lands. Every drop of water in come up, whether they relate to Alaska to be allowed to go out there and use Aspen, Colorado, either comes across, or whether they relate to the western them. You can go out there and use originates, or is stored on Federal United States, remember, especially if them for ranching, you can go out lands unless it is a spring, and then it Members are from the East, that the there and use them for minerals. As still originates somewhere on Federal issues are different. The issues will re- time went on, you can go out there and lands. All of their cable, all of their quire that we look into the history. use them to build your communities power lines, all of their transportation They will require that we study the dif- and your towns and later on your cit- needs, their airport, their air corridors, ferences of a State without much Fed- ies. Now, today we can use these lands all of that comes across Federal lands. eral land and a State with Federal to help protect our environment, to If we begin to shut down the access land, that we study how dependent we help preserve a lot of these lands. across Federal lands, we lock out these are on the resources of those Federal Multiple use means a lot of things. communities. Many, many of the com- lands, and why the doctrine of multiple To give you an idea of what the mul- munities, not only in my district but use is a well-thought-out and now a tiple use concept is and why Federal throughout the U.S., throughout the well-practiced historical use of those ownership differs here in the West than West, are locked in by Federal lands. lands. Multiple use should be pro- in the East, in the East, for example, Now, ‘‘locked in’’ is not too harsh a tected. let us think about it. If you wanted to word if we are allowed access to utilize There are some areas where we have build something in your local commu- these lands. We take a lot of pride in set aside what we call wilderness areas. nity here in, let us say Kentucky or those lands. That is our birthplace. A I am a sponsor of a wilderness called out here in Illinois or some of these lot of us have many, many generations the Spanish Peaks Wilderness. That is states more towards the East, you of family history out there. We care my bill passed out of this House. We wanted to build something, what do about that land. We have worked that expect to put a wilderness out there. you do? You have to get a permit. And land. We know that land. We have other wilderness. Senator if you get a permit, where do you go? There are some sensitivities when we Armstrong, Hank Brown from years You go to your local planning and zon- deal with people, for example, out of ago, they put in the Flat Tops Wilder- ing. You go down to the city hall, or Washington, D.C., some think tank, ness bill. maybe the county offices, and you go that thinks they ought to be able to or In some of these areas we take away to your local planning and zoning. that they know a little more about the multiple use, but it is a focused, well- Well, here in the West, where the dictates of living in the West, about thought-out move. It is a move that al- Federal Government owns so much the issues of these lands. lows some lands to be set aside as if hu- land, if we want to build, for example, Multiple use is a very, very impor- mans had never touched them. So in a water canal, we do not go to our local tant concept for us. That is why we are some areas we have actually surren- planning and zoning. We have to have so ardent in our protection of the right dered the doctrine of multiple use for our planning and zoning done in Wash- to use these lands. I think this map is protection, for the maximum possible, ington, D.C., 1,500 miles away, in an a good reflection. Again, I would direct with little flexibility, protection. area where it rains. It does not rain my colleagues to take a look at it. But before, and I say this to my col- very much in the West. One thing they will notice down here, leagues, before Members jump on the it is not in proportion, obviously, is the bandwagon and take a paintbrush and b 2045 State of Alaska. I think the State of paint in all of this wilderness designa- It does not rain much in the West. In Alaska is somewhere around 96 percent tion, please understand the impact an area where they have very little owned by the government. Ninety-six that it has to the local people, to the Federal ownership of lands, in an area percent of that land is owned by the people who live off those lands, to the where a lot of people do not even know government. Think of the impact that people who depend on those lands. what the term ‘‘use’’ means, yet they that has on the everyday lifestyles of Frankly, anybody that lives in the April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2205 West is dependent upon those Federal lions and billions of dollars spent in and she is now a counselor. Several lands. this country every year to try and fig- years ago when I was in the State leg- EDUCATION ure out how we have a better edu- islature, and in Colorado most of the Enough for issues about water and cational product. money provided for schools is provided lands. Now I want to move to an issue But one of the areas I like to talk at the State level, back then about 63 that is very important to me. It is im- about in education is personal respon- cents out of every dollar of the general portant to my colleagues here. I want sibility, consequences for behavior that fund of the State of Colorado’s budget to talk for a few minutes about some is classified as misbehavior. I think was provided for education, but we con- areas of education. throughout the years, and this is where sistently heard complaints about, we I do not know anyone who is anti- I got some negative calls, and I would need more money for education. education. I find with interest in a po- love to have some of those people to de- We hear it from every department, by litical season how political layouts are bate, Mr. Speaker, who in my opinion the way. The military says it needs made saying one person is anti-edu- seem to think that the discipline, the more money. In fact, I have never cation. Granted, in this room of 435 direction we are going in discipline is found a department yet throughout my Congress people, we have 435 different the right direction to take. years of public service that says, whoa, ideas, and many of them are uniform, I do not think it is. I think one of the we have enough money. We can do the but we have 435 different ideas about problems that we have today in turn- job for what you have given us. We education: How do we improve edu- ing out a better educational product is have enough money. So that is a pretty cation? How do we get the biggest bang responsibility in the classroom. We common complaint. for our buck out of education? How do find responsibility in the classroom not Anyway, back to my sister, Kathy. I we get the best teachers, the most only through accountability of meas- asked her one day, I said, Kathy, if I qualified teachers we can into the field urement, and whether a student is could do one thing politically as a lead- of education? How do we make the pro- learning, and the responsibility of a er, if I could do just one thing to help fession of teaching one of the highest student if they want to participate in improve the education product for you professions in our country? the class, they have to do their assign- as a schoolteacher, what would it be? I There is lots of debate about that, ments. But I am talking about class- expected her to say, we need more but I have not found anybody on the room discipline. money. Democratic side and I certainly have It is interesting, if we take a look at She did not say that. She said, if you not found anybody on the Republican the discipline problems, and I think could do just one thing, allow me to side that is anti-education. there is a book out there called It All have discipline back in my classroom. So I urge my colleagues, as this elec- Happened in Kindergarten or some- Allow me to have discipline back in my tion year gets into a very heated proc- thing like that. I will actually have it classroom. ess very rapidly, that they not buy into next week. But in that particular book, That is where I really begin. That an- that argument that their opponent or as my memory serves me, if it is cor- swer caught me a little off guard. That somebody else out there is anti-edu- rect, they did some comparisons about is where I began to really focus on dis- cation. I do not know one person, I discipline problems 40 years ago in our cipline in the classroom and tolerance have never met a person in my polit- classrooms and the discipline problems in our schools. Clearly, when we speak ical career, I have never met one per- today in our classrooms. of tolerance, there are many different son that is anti-education. In fact, I Part of the difference in those dis- applications that that term can have. have met very few people, I could prob- cipline problems, back then, for exam- There are a lot of things that we have ably count them on one hand, the peo- ple, chewing gum was a discipline prob- taught, good behavior through more ple, if I were to ask them the five or lem, or talking out of turn, inter- tolerance of certain behaviors. ten most important things in our soci- rupting your teacher, being tardy. However, we also need to take a look ety, that they would not list education Today it is drugs, violence. We go down at misbehavior that we are ignoring be- among the very top. the list and there is a dramatic dif- cause it is not politically correct, per- We all recognize that education is ference. haps, to stand up to it, or you are going fundamental for the strength of this Part of it is the shift in society. Part to get criticism for drawing a line in country. Now that we all can come to of it, and we can track it to a lot of dif- the sand and saying, if your behavior the agreement that we all agree that ferent things, the lack of two-parent crosses that line, you are out of school. education is important, let us talk families, a number of different things. At some point we have to go back about different subjects. But one of those elements that I think and cater to the majority of students, There are lots of areas we could talk we need to look at is we have got to the students that are behaving. I am about. We could talk about the budget give our teachers the ability and the not talking about ethnic issues and so on education, about how much more tools to have discipline in their class- on, I am talking about the majority of money is needed, how do we have ac- room. students that behave. We have to meet countability for the money, how do we Not too many years ago I think it their needs. Those needs, in my opin- test, what kind of testing, and should was 60 Minutes went in and did a secret ion, take a higher priority than a stu- we track scores and the money spent, filming I think in one of the major cit- dent who on a consistent basis, not a whether the money should be local ies of a classroom and the discipline, one- or two-time basis where we have money, whether the money should be and the frustrated teacher who could correctable attitudes, but on a con- State money, whether the money not control those students. sistent basis continues to defy the should be Federal money; and if it is Can most teachers control most stu- teacher and continues to defy the rules Federal or State money for a local dents? The answer is yes. Are most stu- of the classroom. school, what kind of flexibility should dents responsible young people, young For example, not too many months be given to the Federal government or adults? The answer is yes. In the past, ago I saw some film footage, and some the State government to determine were teachers able to have much more of my colleagues may have seen it, what programs are offered in the local control for those few students who be- where there was a fight in the school school? came discipline problems? The answer and the students were disciplined. We can talk about the issues of sex was yes. This school board, I wanted to pat education in schools: What level do we Has that authority had handcuffs each one of them on the back. It is offer sex education, should we have it placed on it? Has that authority been about time somebody stood up to these in the schools? We can talk about the kind of cornered or reduced in today’s students and kicked them out of school facilities. We can talk about classroom? The answer is yes. We need school; good for you. Teach them a les- bonding issues. There are lots of things to take a serious look at allowing dis- son. Of course there was a lot of argu- in education that many in this room cipline back into the classroom. ment and debate about whether this have much more expertise than I do. Think about it. I have a sister who is was too harsh a punishment for kick- We could have lengthy discussions a counsellor. Her name is Kathleen. ing these students out of school. Then about it. There is a lot of money, bil- She has spent her career in teaching they begin to look into the background H2206 CONGRESSIONAL RECORD — HOUSE April 12, 2000 of the students, and it was the first There are other pillars that help hold setting forth appropriate budgetary time I had ever heard the term ‘‘third this building up but education is one levels for each of fiscal years 2002 year freshman.’’ So I asked my sister that gets a lot of attention, deserves a through 2005, which was referred to the Kathy, what is a third year freshman? lot of attention and it is going to get a House Calendar and ordered to be Oh, a third year freshman, she says, lot more attention. printed. that is somebody who has been in high Now teachers, I think, themselves CONFERENCE REPORT (H. REPT. 106–577) school for 3 years and has yet to get want accountability. I read an article The committee of conference on the dis- enough credits to get out of the fresh- in USA Today, December 1999, and it agreeing votes of the two Houses on the man class. was issued by the Albert Shanker Insti- amendment of the Senate to the concurrent In this particular case that I was re- tute. They found that teachers support resolution (H. Con. Res. 290), establishing the ferring to, they had some students standards. Teachers support account- congressional budget for the United States there who did not have any credits and ability. Even in low income neighbor- Government for fiscal year 2001, revising the had been in school for 2 or 3 years; no congressional budget for the United States hoods, teachers believe that standards Government for fiscal year 2000, and setting credits. Then they went and they took and accountability are important. a look and investigated and revealed forth appropriate budgetary levels for each I think most teachers believe in per- of fiscal years 2002 through 2005, having met, how many days they had been absent sonal responsibilities. I think most after full and free conference, have agreed to from school, and the fundamental ques- teachers want us to give them the tools recommend and do recommend to their re- tion that came to me was not whether that create consequences for mis- spective Houses as follows: or not they still are in school; the fun- behavior in the classroom, that allow That the House recede from its disagree- damental question came to me is why the teachers to reward good behavior ment to the amendment of the Senate and agree to the same with an amendment as fol- did you not kick them out earlier? How because there are two ways to take much time and how much effort and lows: care of misbehavior. One is punish the In lieu of the matter proposed to be in- how many resources have you spent misbehavior and have consequences for serted by the Senate amendment, insert the taking care of these students who are the misbehavior and two is to reward following: not willing to accept responsibility, the good behavior, take the positive SECTION 1. CONCURRENT RESOLUTION ON THE who have behavioral problems that are drive. BUDGET FOR FISCAL YEAR 2001. not able to be corrected on a short- The study shows that the longer (a) DECLARATION.—Congress declares that the term basis and you have kowtowed to teachers work with standards the concurrent resolution on the budget for fiscal year 2000 is hereby revised and replaced and them, so to speak, been politically cor- happier they are to have them. Ac- rect to them, at the expense of the stu- that this is the concurrent resolution on the countability measures can include re- budget for fiscal year 2001 and that the appro- dents who are following the rules, at peating a grade or having to pass a test priate budgetary levels for fiscal years 2002 the expense of the students, and it is to graduate. Accountability measures through 2005 are hereby set forth. clearly, clearly the strong majority of can include discipline in the classroom. (b) TABLE OF CONTENTS.— students who want to learn, who want For school officials, accountability Sec. 1. Concurrent resolution on the budget for to get something out of their edu- could come in the form of removing fiscal year 2001. cation, what is wrong out there? teachers and principals from schools TITLE I—LEVELS AND AMOUNTS Well, I can say this, that I think as that do not meet those standards. Sec. 101. Recommended levels and amounts. government officials we need to pledge Seventy-three percent of the teachers Sec. 102. Major functional categories. to our local teachers, to our school ad- and 92 percent of the principals favor Sec. 103. Reconciliation in the House of Rep- ministrators that, look, within the the standards movement. resentatives. bounds, within legitimate bounds, and Sec. 104. Reconciliation of revenue reductions Mr. Speaker, let me just conclude by in the Senate. I can say I think the legitimate bounds saying that we all want better edu- have a historical basis, I think we can TITLE II—BUDGET ENFORCEMENT AND cation. Let us bring discipline back to RULEMAKING find them, that within those bounds the classroom. you are going to receive support from Subtitle A—Budget Enforcement f us. It may be that you are having to Sec. 201. Lock-box for social security surpluses. discipline the most popular kid in the RECESS Sec. 202. Debt reduction lock-box. town. We have to promise support to Sec. 203. Enhanced enforcement of budgetary The SPEAKER pro tempore. Pursu- limits. these people. These teachers have ant to clause 12 of rule I, the Chair de- Sec. 204. Mechanisms for strengthening budg- tough jobs. These administrators have clares the House in recess subject to etary integrity. tough jobs. But we cannot really ex- the call of the Chair. Sec. 205. Emergency designation point of order pect them to stand up to this discipline Accordingly (at 9 o’clock and 5 min- in the Senate. problem if we, starting on this House Sec. 206. Mechanism for implementing increase utes p.m.), the House stood in recess of fiscal year 2001 discretionary Floor, do not back them up. There are subject to the call of the Chair. times where discipline cannot be politi- spending limits. f Sec. 207. Senate firewall for defense and non- cally correct. There are times where defense spending. discipline can be absolutely correct. In b 2148 Subtitle B—Reserve Funds my opinion, if we can get discipline AFTER RECESS back to the classroom, Mr. Speaker, if Sec. 211. Mechanism for additional debt reduc- The recess having expired, the House tion. we can do something to help our local Sec. 212. Reserve fund for additional tax relief districts, give them the support and to was called to order by the Speaker pro and debt reduction. watch very carefully any legislation we tempore (Mr. DREIER) at 9 o’clock and Sec. 213. Reserve fund for additional surpluses. pass out of the U.S. House of Rep- 48 minutes p.m. Sec. 214. Reserve fund for medicare in the resentatives to make sure that we are f House. not infringing on the right for a school- Sec. 215. Reserve fund for medicare in the Sen- teacher to have discipline in their CONFERENCE REPORT ON HOUSE ate. CONCURRENT RESOLUTION 290, Sec. 216. Reserve fund for agriculture. classroom, it is worth it. That is how Sec. 217. Reserve fund to foster the health of we can get a better product. That is CONCURRENT RESOLUTION ON THE BUDGET, FISCAL YEAR 2001 children with disabilities and the how we can give more opportunities to employment and independence of our students. Mr. KASICH, from the Committee on their families. As I said earlier, in my opinion edu- Rules, submitted a privileged report Sec. 218. Reserve fund for military retiree cation is the most fundamental pillar (Rept. No. 106–577) on the concurrent health care. that we can have that holds this great resolution (H. Con. Res. 290) estab- Sec. 219. Reserve fund for cancer screening and country together. Now, there are other lishing the congressional budget for enrollment in SCHIP. Sec. 220. Reserve fund for stabilization of pay- strong pillars. We have to have a the United States Government for fis- ments to counties in support of strong military. We have to have a cal year 2001, revising the congres- education. strong economy. We have to have a sional budget for the United States Sec. 221. Tax reduction reserve fund in the Sen- strong health care delivery system. Government for fiscal year 2000, and ate. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2207 Sec. 222. Application and effect of changes in Sec. 342. Sense of the Senate regarding military Fiscal year 2001: $1,446,000,000. allocations and aggregates. readiness. Fiscal year 2002: $1,466,400,000. Subtitle C—Miscellaneous Rulemaking Sec. 343. Sense of the Senate supporting fund- Fiscal year 2003: $1,583,300,000. Provisions ing of digital opportunity initia- Fiscal year 2004: $1,637,100,000. Sec. 231. Compliance with section 13301 of the tives. Fiscal year 2005: $1,700,500,000. Sec. 344. Sense of the Senate on funding for Budget Enforcement Act of 1990. (4) SURPLUSES.—For purposes of the enforce- Sec. 232. Prohibition on use of Federal reserve criminal justice. ment of this resolution, the amounts of the sur- surpluses. Sec. 345. Sense of the Senate regarding com- pluses are as follows: Sec. 233. Reaffirming the prohibition on the use prehensive public education re- Fiscal year 2000: $24,400,000,000. of tax increases for discretionary form. Fiscal year 2001: $57,200,000,000. spending. Sec. 346. Sense of the Senate on providing ade- Fiscal year 2002: $81,600,000,000. Sec. 234. Exercise of rulemaking powers. quate funding for United States Fiscal year 2003: $15,300,000,000. international leadership. Fiscal year 2004: $15,700,000,000. TITLE III—SENSE OF CONGRESS, HOUSE, Sec. 347. Sense of the Senate concerning the Fiscal year 2005: $19,300,000,000. AND SENATE PROVISIONS HIV/AIDS crisis. (5) PUBLIC DEBT.—The appropriate levels of Subtitle A—Sense of Congress Provisions Sec. 348. Sense of the Senate regarding tribal the public debt are as follows: Sec. 301. Sense of Congress on graduate medical colleges. Fiscal year 2000: $5,628,300,000,000. education. Sec. 349. Sense of the Senate to provide relief Fiscal year 2001: $5,663,500,000,000. Sec. 302. Sense of Congress on providing addi- from the marriage penalty. Fiscal year 2002: $5,678,700,000,000. tional dollars to the classroom. Sec. 350. Sense of the Senate on the continued Fiscal year 2003: $5,770,200,000,000. Subtitle B—Sense of House Provisions use of Federal fuel taxes for the Fiscal year 2004: $5,856,300,000,000. Sec. 311. Sense of the House on waste, fraud, construction and rehabilitation of Fiscal year 2005: $5,936,900,000,000. and abuse. our Nation’s highways, bridges, (6) DEBT HELD BY THE PUBLIC.—The appro- Sec. 312. Sense of the House regarding emer- and transit systems. priate levels of the debt held by the public are gency spending. Sec. 351. Sense of the Senate concerning the as follows: Sec. 313. Sense of the House on estimates of the price of prescription drugs in the Fiscal year 2000: $3,458,300,000,000. impact of regulations on the pri- United States. Fiscal year 2001: $3,253,000,000,000. vate sector. Sec. 352. Sense of the Senate against Federal Fiscal year 2002: $2,999,100,000,000. Sec. 314. Sense of the House on biennial budg- funding of smoke shops. Fiscal year 2003: $2,804,100,000,000. eting. Sec. 353. Sense of the Senate concerning invest- Fiscal year 2004: $2,594,500,000,000. Sec. 315. Sense of the House on access to health ment of social security trust Fiscal year 2005: $2,363,000,000,000. insurance and preserving home funds. (7) SOCIAL SECURITY.— health services for all medicare Sec. 354. Sense of the Senate on medicare pre- (A) SOCIAL SECURITY REVENUES.—For purposes beneficiaries. scription drugs. of Senate enforcement under section 311 of the Sec. 316. Sense of the House regarding Sec. 355. Sense of the Senate concerning fund- Congressional Budget Act of 1974, the amounts Medicare+Choice programs/reim- ing for new education programs. of revenues of the Federal Old-Age and Sur- bursement rates. Sec. 356. Sense of the Senate regarding enforce- vivors Insurance Trust Fund and the Federal Sec. 317. Sense of the House on directing the In- ment of Federal firearms laws. Disability Insurance Trust Fund are as follows: ternal Revenue Service to accept Sec. 357. Sense of the Senate that any increase Fiscal year 2000: $479,600,000,000. negative numbers in farm income in the minimum wage should be Fiscal year 2001: $501,500,000,000. averaging. accompanied by tax relief for Fiscal year 2002: $524,900,000,000. Sec. 318. Sense of the House on the importance small businesses. Fiscal year 2003: $547,200,000,000. of the National Science Founda- Sec. 358. Sense of Congress regarding funding Fiscal year 2004: $569,900,000,000. tion. for the participation of members Fiscal year 2005: $597,300,000,000. Sec. 319. Sense of the House regarding skilled of the uniformed services in the (B) SOCIAL SECURITY OUTLAYS.—For purposes nursing facilities. Thrift Savings Plan. of Senate enforcement under section 311 of the Sec. 320. Sense of the House on special edu- Sec. 359. Sense of the Senate concerning unin- Congressional Budget Act of 1974, the amounts cation. sured and low-income individuals of outlays of the Federal Old-Age and Survivors Sec. 321. Sense of the House regarding HCFA in medically underserved commu- Insurance Trust Fund and the Federal Dis- draft guidelines. nities. ability Insurance Trust Fund are as follows: Sec. 322. Sense of the House on asset-building TITLE I—LEVELS AND AMOUNTS Fiscal year 2000: $326,500,000,000. for the working poor. SEC. 101. RECOMMENDED LEVELS AND AMOUNTS. Fiscal year 2001: $336,500,000,000. Sec. 323. Sense of the House on the importance The following budgetary levels are appro- Fiscal year 2002: $343,300,000,000. of supporting the Nation’s emer- priate for each of fiscal years 2000 through 2005: Fiscal year 2003: $351,700,000,000. gency first-responders. (1) FEDERAL REVENUES.—For purposes of the Fiscal year 2004: $361,400,000,000. Sec. 324. Sense of the House on additional enforcement of this resolution: Fiscal year 2005: $372,100,000,000. health-related tax relief. (A) The recommended levels of Federal reve- (C) SOCIAL SECURITY ADMINISTRATIVE EX- Subtitle C—Sense of Senate Provisions nues are as follows: PENSES.—In the Senate, the amounts of new TITLE III—SENSE OF THE SENATE Fiscal year 2000: $1,465,500,000,000. budget authority and budget outlays of the Fed- PROVISIONS Fiscal year 2001: $1,503,200,000,000. eral Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Sec. 331. Sense of the Senate supporting fund- Fiscal year 2002: $1,548,000,000,000. Trust Fund for administrative expenses are as ing levels in Educational Oppor- Fiscal year 2003: $1,598,600,000,000. follows: tunities Act. Fiscal year 2004: $1,652,800,000,000. Fiscal year 2000: Sec. 332. Sense of the Senate on additional Fiscal year 2005: $1,719,800,000,000. (A) New budget authority, $3,200,000,000. budgetary resources. (B) The amounts by which the aggregate lev- (B) Outlays, $3,200,000,000. Sec. 333. Sense of the Senate on regarding the els of Federal revenues should be reduced are as Fiscal year 2001: inadequacy of the payments for follows: (A) New budget authority, $3,400,000,000. skilled nursing care. Fiscal year 2000: $0. Sec. 334. Sense of the Senate on veterans’ med- Fiscal year 2001: $11,600,000,000. (B) Outlays, $3,300,000,000. ical care. Fiscal year 2002: $23,400,000,000. Fiscal year 2002: Sec. 335. Sense of the Senate on impact aid. Fiscal year 2003: $30,900,000,000. (A) New budget authority, $3,400,000,000. Sec. 336. Sense of the Senate on tax simplifica- Fiscal year 2004: $39,800,000,000. (B) Outlays, $3,400,000,000. tion. Fiscal year 2005: $44,300,000,000. Fiscal year 2003: Sec. 337. Sense of the Senate on antitrust en- (2) NEW BUDGET AUTHORITY.—For purposes of (A) New budget authority, $3,500,000,000. forcement by the Department of the enforcement of this resolution, the appro- (B) Outlays, $3,400,000,000. Justice and Federal Trade Com- priate levels of total new budget authority are Fiscal year 2004: mission regarding agriculture as follows: (A) New budget authority, $3,600,000,000. mergers and anticompetitive activ- Fiscal year 2000: $1,467,300,000. (B) Outlays, $3,500,000,000. ity. Fiscal year 2001: $1,467,200,000. Fiscal year 2005: Sec. 338. Sense of the Senate regarding fair Fiscal year 2002: $1,499,000,000. (A) New budget authority, $3,600,000,000. markets for American farmers. Fiscal year 2003: $1,606,600,000. (B) Outlays, $3,600,000,000. Sec. 339. Sense of the Senate on women and so- Fiscal year 2004: $1,661,700,000. SEC. 102. MAJOR FUNCTIONAL CATEGORIES. cial security reform. Fiscal year 2005: $1,724,400,000. The Congress determines and declares that the Sec. 340. Use of False Claims Act in combatting (3) BUDGET OUTLAYS.—For purposes of the en- appropriate levels of new budget authority and medicare fraud. forcement of this resolution, the appropriate lev- budget outlays for fiscal years 2000 through 2005 Sec. 341. Sense of the Senate regarding the Na- els of total budget outlays are as follows: for each major functional category are: tional Guard. Fiscal year 2000: $1,441,100,000. (1) National Defense (050): H2208 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Fiscal year 2000: (B) Outlays, $25,300,000,000. (B) Outlays, $61,900,000,000. (A) New budget authority, $291,600,000,000. Fiscal year 2004: Fiscal year 2001: (B) Outlays, $288,100,000,000. (A) New budget authority, $25,300,000,000. (A) New budget authority, $72,600,000,000. Fiscal year 2001: (B) Outlays, $25,200,000,000. (B) Outlays, $68,700,000,000. (A) New budget authority, $309,900,000,000. Fiscal year 2005: Fiscal year 2002: (B) Outlays, $296,700,000,000. (A) New budget authority, $25,300,000,000. (A) New budget authority, $74,700,000,000. Fiscal year 2002: (B) Outlays, $25,100,000,000. (B) Outlays, $72,200,000,000. (A) New budget authority, $309,200,000,000. (6) Agriculture (350): Fiscal year 2003: (B) Outlays, $303,200,000,000. Fiscal year 2000: (A) New budget authority, $75,700,000,000. Fiscal year 2003: (A) New budget authority, $35,300,000,000. (B) Outlays, $74,200,000,000. (A) New budget authority, $315,600,000,000. (B) Outlays, $33,900,000,000. Fiscal year 2004: (B) Outlays, $309,800,000,000. Fiscal year 2001: (A) New budget authority, $76,700,000,000. Fiscal year 2004: (A) New budget authority, $20,800,000,000. (B) Outlays, $74,900,000,000. (A) New budget authority, $323,400,000,000. (B) Outlays, $18,700,000,000. Fiscal year 2005: (B) Outlays, $317,900,000,000. Fiscal year 2002: (A) New budget authority, $78,300,000,000. Fiscal year 2005: (A) New budget authority, $18,500,000,000. (B) Outlays, $75,900,000,000. (A) New budget authority, $331,700,000,000. (B) Outlays, $16,800,000,000. (11) Health (550): (B) Outlays, $328,300,000,000. Fiscal year 2003: Fiscal year 2000: (2) International Affairs (150): (A) New budget authority, $17,600,000,000. (A) New budget authority, $159,200,000,000. Fiscal year 2000: (B) Outlays, $16,000,000,000. (B) Outlays, $153,500,000,000. (A) New budget authority, $22,000,000,000. Fiscal year 2004: Fiscal year 2001: (B) Outlays, $16,000,000,000. (A) New budget authority, $17,000,000,000. (A) New budget authority, $169,600,000,000. Fiscal year 2001: (B) Outlays, $15,500,000,000. (B) Outlays, $165,900,000,000. (A) New budget authority, $19,800,000,000. Fiscal year 2005: Fiscal year 2002: (B) Outlays, $18,300,000,000. (A) New budget authority, $15,800,000,000. (A) New budget authority, $179,300,000,000. Fiscal year 2002: (B) Outlays, $14,200,000,000. (B) Outlays, $177,800,000,000. (A) New budget authority, $20,100,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2003: (B) Outlays, $17,800,000,000. Fiscal year 2000: (A) New budget authority, $191,200,000,000. Fiscal year 2003: (A) New budget authority, $7,600,000,000. (B) Outlays, $190,400,000,000. (A) New budget authority, $20,100,000,000. (B) Outlays, $3,100,000,000. Fiscal year 2004: (B) Outlays, $16,900,000,000. Fiscal year 2001: (A) New budget authority, $205,400,000,000. Fiscal year 2004: (A) New budget authority, $6,200,000,000. (B) Outlays, $204,900,000,000. (A) New budget authority, $20,100,000,000. (B) Outlays, $2,200,000,000. Fiscal year 2005: (B) Outlays, $16,500,000,000. Fiscal year 2002: (A) New budget authority, $221,600,000,000. Fiscal year 2005: (A) New budget authority, $8,700,000,000. (B) Outlays, $220,300,000,000. (A) New budget authority, $20,600,000,000. (B) Outlays, $4,900,000,000. (12) Medicare (570): (B) Outlays, $16,400,000,000. Fiscal year 2003: Fiscal year 2000: (3) General Science, Space, and Technology (A) New budget authority, $9,400,000,000. (A) New budget authority, $199,600,000,000. (250): Outlays, $4,700,000,000. (B) Outlays, $199,500,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2001: (A) New budget authority, $19,300,000,000. (A) New budget authority, $13,500,000,000. (A) New budget authority, $217,700,000,000. (B) Outlays, $18,400,000,000. (B) Outlays, $8,500,000,000. (B) Outlays, $218,000,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2002: (A) New budget authority, $20,300,000,000. (A) New budget authority, $13,400,000,000. (A) New budget authority, $226,600,000,000. (B) Outlays, $19,400,000,000. (B) Outlays, $9,500,000,000. (B) Outlays, $226,600,000,000. Fiscal year 2002: (8) Transportation (400): Fiscal year 2003: (A) New budget authority, $20,400,000,000. Fiscal year 2000: (A) New budget authority, $247,800,000,000. (B) Outlays, $20,000,000,000. (A) New budget authority, $54,400,000,000. (B) Outlays, $247,500,000,000. Fiscal year 2003: (B) Outlays, $46,700,000,000. Fiscal year 2004: (A) New budget authority, $20,600,000,000. Fiscal year 2001: (A) New budget authority, $266,300,000,000. (B) Outlays, $20,000,000,000. (A) New budget authority, $59,300,000,000. (B) Outlays, $266,500,000,000. Fiscal year 2004: (B) Outlays, $50,500,000,000. Fiscal year 2005: (A) New budget authority, $20,800,000,000. Fiscal year 2002: (A) New budget authority, $292,700,000,000. (B) Outlays, $20,200,000,000. (A) New budget authority, $57,400,000,000. (B) Outlays, $292,700,000,000. Fiscal year 2005: (B) Outlays, $53,000,000,000. (13) Income Security (600): (A) New budget authority, $21,000,000,000. Fiscal year 2003: Fiscal year 2000: (B) Outlays, $20,500,000,000. (A) New budget authority, $58,900,000,000. (A) New budget authority, $238,900,000,000. (4) Energy (270): (B) Outlays, $55,200,000,000. (B) Outlays, $248,100,000,000. Fiscal year 2000: Fiscal year 2004: Fiscal year 2001: (A) New budget authority, $1,100,000,000. (A) New budget authority, $59,000,000,000. (A) New budget authority, $252,300,000,000. (B) Outlays, ¥$600,000,000. (B) Outlays, $55,600,000,000. (B) Outlays, $255,000,000,000. Fiscal year 2001: Fiscal year 2005: Fiscal year 2002: (A) New budget authority, $1,300,000,000. (A) New budget authority, $59,000,000,000. (A) New budget authority, $264,200,000,000. (B) Outlays, $0. (B) Outlays, $55,700,000,000. (B) Outlays, $266,000,000,000. Fiscal year 2002: (9) Community and Regional Development Fiscal year 2003: (A) New budget authority, $200,000,000. (450): (A) New budget authority, $273,700,000,000. (B) Outlays, ¥$900,000,000. Fiscal year 2000: (B) Outlays, $276,100,000,000. Fiscal year 2003: (A) New budget authority, $11,300,000,000. Fiscal year 2004: (A) New budget authority, $900,000,000. (B) Outlays, $10,700,000,000. (A) New budget authority, $283,500,000,000. (B) Outlays, ¥$400,000,000. Fiscal year 2001: (B) Outlays, $286,000,000,000. Fiscal year 2004: (A) New budget authority, $9,300,000,000. Fiscal year 2005: (A) New budget authority, $800,000,000. (B) Outlays, $10,700,000,000. (A) New budget authority, $296,100,000,000. (B) Outlays, ¥$500,000,000. Fiscal year 2002: (B) Outlays, $298,800,000,000. Fiscal year 2005: (A) New budget authority, $8,600,000,000. (14) Social Security (650): (A) New budget authority, $800,000,000. (B) Outlays, $9,700,000,000. Fiscal year 2000: (B) Outlays, ¥$500,000,000. Fiscal year 2003: (A) New budget authority, $11,500,000,000. (5) Natural Resources and Environment (300): (A) New budget authority, $8,600,000,000. (B) Outlays, $11,500,000,000. Fiscal year 2000: (B) Outlays, $8,600,000,000. Fiscal year 2001: (A) New budget authority, $24,500,000,000. Fiscal year 2004: (A) New budget authority, $9,700,000,000. (B) Outlays, $24,200,000,000. (A) New budget authority, $8,500,000,000. (B) Outlays, $9,700,000,000. Fiscal year 2001: (B) Outlays, $8,100,000,000. Fiscal year 2002: (A) New budget authority, $25,100,000,000. Fiscal year 2005: (A) New budget authority, $11,600,000,000. (B) Outlays, $25,000,000,000. (A) New budget authority, $8,600,000,000. (B) Outlays, $11,600,000,000. Fiscal year 2002: (B) Outlays, $7,600,000,000. Fiscal year 2003: (A) New budget authority, $25,200,000,000. (10) Education, Training, Employment, and (A) New budget authority, $12,300,000,000. (B) Outlays, $25,200,000,000. Social Services (500): (B) Outlays, $12,300,000,000. Fiscal year 2003: Fiscal year 2000: Fiscal year 2004: (A) New budget authority, $25,200,000,000. (A) New budget authority, $57,700,000,000. (A) New budget authority, $13,000,000,000. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2209 (B) Outlays, $13,000,000,000. (A) New budget authority, ¥$60,000,000,000. to balance the budget exclusive of such sur- Fiscal year 2005: (B) Outlays, ¥$72,300,000,000. pluses; and (A) New budget authority, $13,800,000,000. Fiscal year 2003: (7) Congress and the President should take (B) Outlays, $13,800,000,000. (A) New budget authority, ¥$2,000,000,000. such steps as are necessary to ensure that fu- (15) Veterans Benefits and Services (700): (B) Outlays, ¥$4,200,000,000. ture budgets are balanced excluding the sur- Fiscal year 2000: Fiscal year 2004: pluses generated by the social security trust (A) New budget authority, $46,000,000,000. (A) New budget authority, ¥$2,700,000,000. funds. (B) Outlays, $45,100,000,000. (B) Outlays, ¥$5,900,000,000. (b) SENSE OF CONGRESS.—It is the sense of Fiscal year 2001: Fiscal year 2005: Congress that legislation should be enacted in (A) New budget authority, $47,800,000,000. (A) New budget authority, ¥$3,300,000,000. this session of Congress that would enforce the (B) Outlays, $47,400,000,000. (B) Outlays, ¥$6,200,000,000. reduction in debt held by the public assumed in Fiscal year 2002: (20) Undistributed Offsetting Receipts (950): this resolution by the imposition of a statutory (A) New budget authority, $49,000,000,000. Fiscal year 2000: limit on such debt or other appropriate means. (B) Outlays, $48,900,000,000. (A) New budget authority, ¥$34,300,000,000. (c) POINT OF ORDER.— Fiscal year 2003: (B) Outlays, ¥$34,300,000,000. (1) IN GENERAL.—It shall not be in order in the (A) New budget authority, $50,800,000,000. Fiscal year 2001: House of Representatives or the Senate to con- (B) Outlays, $50,500,000,000. (A) New budget authority, ¥$38,300,000,000. sider any revision to this resolution or a concur- Fiscal year 2004: (B) Outlays, ¥$38,300,000,000. rent resolution on the budget for fiscal year (A) New budget authority, $52,100,000,000. Fiscal year 2002: 2002, or any amendment thereto or conference (B) Outlays, $51,800,000,000. (A) New budget authority, ¥$41,300,000,000. report thereon, that sets forth a deficit for any Fiscal year 2005: (B) Outlays, ¥$41,300,000,000. fiscal year. (A) New budget authority, $55,400,000,000. Fiscal year 2003: (2) DEFICIT LEVELS.—For purposes of this sub- (B) Outlays, $55,100,000,000. (A) New budget authority, ¥$40,700,000,000. section, a deficit shall be the level (if any) set (16) Administration of Justice (750): (B) Outlays, ¥$40,700,000,000. forth in the most recently agreed to concurrent Fiscal year 2000: Fiscal year 2004: resolution on the budget for that fiscal year (A) New budget authority, $27,400,000,000. (A) New budget authority, ¥$38,100,000,000. pursuant to section 301(a)(3) of the Congres- (B) Outlays, $28,000,000,000. (B) Outlays, ¥$38,100,000,000. sional Budget Act of 1974. Fiscal year 2001: Fiscal year 2005: (d) EXCEPTION.—Subsection (c)(1) shall not (A) New budget authority, $28,000,000,000. (A) New budget authority, ¥$39,200,000,000. apply if— (B) Outlays, $28,100,000,000. (B) Outlays, ¥$39,200,000,000. (1) the most recent of the Department of Com- Fiscal year 2002: SEC. 103. RECONCILIATION IN THE HOUSE OF merce’s advance, preliminary, or final reports of (A) New budget authority, $28,100,000,000. REPRESENTATIVES. actual real economic growth indicate that the (B) Outlays, $28,400,000,000. (a) SUBMISSIONS PROVIDING TAX RELIEF.—The rate of real economic growth for each of the Fiscal year 2003: House Committee on Ways and Means shall re- most recently reported quarter and the imme- (A) New budget authority, $28,500,000,000. port to the House a reconciliation bill— diately preceding quarter is less than 1 percent; (B) Outlays, $28,500,000,000. (1) not later than July 14, 2000; and or Fiscal year 2004: (2) not later than September 13, 2000, (2) a declaration of war is in effect. (A) New budget authority, $29,000,000,000. that consists of changes in laws within its juris- (e) SOCIAL SECURITY LOOK-BACK.—If in fiscal (B) Outlays, $28,700,000,000. diction sufficient to reduce the total level of rev- year 2001 the social security surplus is used to Fiscal year 2005: enues by not more than: $11,600,000,000 for fiscal finance general operations of the Federal Gov- (A) New budget authority, $29,500,000,000. year 2001, and $150,000,000,000 for the period of ernment, an amount equal to the amount used (B) Outlays, $29,200,000,000. fiscal years 2001 through 2005. shall be deducted from the available amount of (17) General Government (800): (b) SUBMISSIONS REGARDING DEBT HELD BY discretionary spending for fiscal year 2002 for Fiscal year 2000: THE PUBLIC.—The House Committee on Ways purposes of any concurrent resolution on the (A) New budget authority, $13,700,000,000. and Means shall report to the House a reconcili- budget. (B) Outlays, $14,700,000,000. ation bill— (f) WAIVER AND APPEAL.—Subsection (c)(1) Fiscal year 2001: (1) not later than July 14, 2000, that consists may be waived or suspended in the Senate only (A) New budget authority, $14,000,000,000. of changes in laws within its jurisdiction suffi- by an affirmative vote of three-fifths of the (B) Outlays, $14,300,000,000. cient to reduce the debt held by the public by Members, duly chosen and sworn. An affirma- Fiscal year 2002: $7,500,000,000 for fiscal year 2001; and tive vote of three-fifths of the Members of the (A) New budget authority, $13,600,000,000. (2) not later than September 13, 2000, that Senate, duly chosen and sworn, shall be re- (B) Outlays, $13,900,000,000. consists of changes in laws within its jurisdic- quired in the Senate to sustain an appeal of the Fiscal year 2003: tion sufficient to reduce the debt held by the ruling of the Chair on a point of order raised (A) New budget authority, $13,600,000,000. public by not more than $19,100,000,000 for fiscal under this section. (B) Outlays, $13,800,000,000. year 2001. SEC. 202. DEBT REDUCTION LOCK-BOX. Fiscal year 2004: SEC. 104. RECONCILIATION OF REVENUE REDUC- (a) POINT OF ORDER.—It shall not be in order (A) New budget authority, $13,600,000,000. TIONS IN THE SENATE. in the House of Representatives to consider any (B) Outlays, $13,800,000,000. The Senate Committee on Finance shall report reported bill or joint resolution, or any amend- Fiscal year 2005: to the Senate a reconciliation bill— ment thereto or conference report thereon, that (A) New budget authority, $13,600,000,000. (1) not later than July 14, 2000; and would cause a surplus for fiscal year 2001 to be (B) Outlays, $13,600,000,000. (2) not later than September 13, 2000, less than the level (as adjusted) set forth in sec- (18) Net Interest (900): that consists of changes in laws within its juris- tion 101(4) for that fiscal year. Fiscal year 2000: diction sufficient to reduce the total level of rev- (b) SPECIAL RULE.—The level of the surplus (A) New budget authority, $284,300,000,000. enues by not more than: $11,600,000,000 for fiscal for purposes of subsection (a) shall take into ac- (B) Outlays, $284,300,000,000. year 2001, and $150,000,000,000 for the period of count amounts adjusted under section Fiscal year 2001: fiscal years 2001 through 2005. 314(a)(2)(B) or (C) of the Congressional Budget (A) New budget authority, $286,500,000,000. Act of 1974. (B) Outlays, $286,500,000,000. TITLE II—BUDGET ENFORCEMENT AND RULEMAKING SEC. 203. ENHANCED ENFORCEMENT OF BUDG- Fiscal year 2002: ETARY LIMITS. (A) New budget authority, $284,900,000,000. Subtitle A—Budget Enforcement (a) PROHIBITION ON USE OF DIRECTED (B) Outlays, $284,900,000,000. SEC. 201. LOCK-BOX FOR SOCIAL SECURITY SUR- SCOREKEEPING.—(1) It shall not be in order in Fiscal year 2003: PLUSES. the House to consider any reported bill or joint (A) New budget authority, $278,800,000,000. (a) FINDINGS.—Congress finds that— resolution, or amendment thereto or conference (B) Outlays, $278,800,000,000. (1) under the Budget Enforcement Act of 1990, report thereon, that contains a directed Fiscal year 2004: the social security trust funds are off-budget for scorekeeping provision. (A) New budget authority, $274,500,000,000. purposes of the President’s budget submission (2) As used in this subsection, the term ‘‘di- (B) Outlays, $274,500,000,000. and the concurrent resolution on the budget; rected scorekeeping’’ means directing the Con- Fiscal year 2005: (2) the social security trust funds have been gressional Budget Office or the Office of Man- (A) New budget authority, $269,700,000,000. running surpluses for 17 years; agement and Budget how to estimate any provi- (B) Outlays, $269,700,000,000. (3) these surpluses have been used to implic- sion providing discretionary new budget author- (19) Allowances (920): itly finance the general operations of the Fed- ity in a bill or joint resolution making general Fiscal year 2000: eral Government; appropriations for a fiscal year for budgetary (A) New budget authority, ¥$3,800,000,000. (4) in fiscal year 2001, the social security sur- enforcement purposes. (B) Outlays, ¥$11,700,000,000. plus will be $166 billion; (b) PROHIBITION ON USE OF ADVANCE APPRO- Fiscal year 2001: (5) this resolution balances the Federal budget PRIATIONS.—(1) It shall not be in order in the (A) New budget authority, ¥$64,700,000,000. without counting the social security surpluses; House to consider any reported bill or joint reso- (B) Outlays, ¥$50,800,000,000. (6) the only way to ensure that social security lution, or amendment thereto or conference re- Fiscal year 2002: surpluses are not diverted for other purposes is port thereon, that would cause the total level of H2210 CONGRESSIONAL RECORD — HOUSE April 12, 2000 discretionary advance appropriations provided trol Act of 1985, the committee report and any consider legislation which increases the discre- for fiscal years after 2001 to exceed statement of managers accompanying that legis- tionary spending limit for fiscal year 2001 as $23,500,000,000 (which represents the total level lation shall analyze whether a proposed emer- soon as possible. of advance appropriations for fiscal year 2001). gency requirement meets all the criteria in para- (b) ADJUSTMENT TO ALLOCATIONS AND OTHER (2) As used in this subsection, the term ‘‘ad- graph (2). BUDGETARY AGGREGATES AND LEVELS.—When- vance appropriation’’ means any discretionary (2) CRITERIA.— ever a bill or joint resolution becomes law that new budget authority in a bill or joint resolu- (A) IN GENERAL.—The criteria to be considered increases the discretionary spending limit for tion making general appropriations for fiscal in determining whether a proposed expenditure fiscal year 2001 set out in section 251(c) of the year 2001 that first becomes available for any or tax change is an emergency requirement are— Balanced Budget and Emergency Deficit Con- fiscal year after 2001. (i) necessary, essential, or vital (not merely trol Act of 1985, the chairman of the Committee (c) EFFECTIVE DATE.—This section shall cease useful or beneficial); on the Budget of the House or Senate, as appli- to have any force or effect on January 1, 2001. (ii) sudden, quickly coming into being, and cable, shall increase the allocation called for in SEC. 204. MECHANISMS FOR STRENGTHENING not building up over time; section 302(a) of the Congressional Budget Act BUDGETARY INTEGRITY. (iii) an urgent, pressing, and compelling need of 1974 to the appropriate Committee on Appro- (a) DEFINITION.—For purposes of this section, requiring immediate action; priations and shall also appropriately adjust all the term ‘‘budget year’’ means with respect to a (iv) subject to subparagraph (B), unforeseen, other budgetary aggregates and levels contained session of Congress, the fiscal year of the Gov- unpredictable, and unanticipated; and in this resolution. ernment that starts on October 1 of the calendar (v) not permanent, temporary in nature. (c) LIMITATION ON ADJUSTMENT.—An adjust- year in which that session begins. (B) UNFORESEEN.—An emergency that is part ment made pursuant to subsection (b) shall not of an aggregate level of anticipated emergencies, (b) POINT OF ORDER WITH RESPECT TO AD- result in an allocation under section 302(a) of particularly when normally estimated in ad- VANCE APPROPRIATIONS.— the Congressional Budget Act of 1974 that ex- vance, is not unforeseen. (1) IN GENERAL.—It shall not be in order in the ceeds the total budget authority and outlays set (3) JUSTIFICATION FOR FAILURE TO MEET CRI- Senate to consider any bill, resolution, amend- forth in subsection (a)(2). TERIA.—If the proposed emergency requirement ment, motion or conference report that— SEC. 207. SENATE FIREWALL FOR DEFENSE AND does not meet all the criteria set forth in para- (A) provides an appropriation of new budget NONDEFENSE SPENDING. graph (2), the committee report or the statement authority for any fiscal year after the budget (a) DEFINITION.—In this section, for purposes of managers, as the case may be, shall provide year that is in excess of the amounts provided in of enforcement in the Senate for fiscal year 2001, a written justification of why the requirement paragraph (2); and the term ‘‘discretionary spending limit’’ means— should be accorded emergency status. (B) provides an appropriation of new budget (1) for the defense category, $310,819,000,000 in (b) POINT OF ORDER.—When the Senate is authority for any fiscal year subsequent to the new budget authority and $297,650,000,000 in considering a bill, resolution, amendment, mo- year after the budget year. outlays; and tion, or conference report, a point of order may (2) LIMITATION ON AMOUNTS.—The total (2) for the nondefense category, be made by a Senator against an emergency des- amount, provided in appropriations legislation $289,477,000,000 in new budget authority and ignation in that measure and if the Presiding for the budget year, of appropriations for the $327,430,000,000 in outlays. Officer sustains that point of order, that provi- subsequent fiscal year shall not exceed (b) POINT OF ORDER IN THE SENATE.— sion making such a designation shall be stricken $23,500,000,000. (1) IN GENERAL.—After the adjustment to the from the measure and may not be offered as an (c) POINT OF ORDER WITH RESPECT TO DE- section 302(a) allocation to the Committee on amendment from the floor. LAYED OBLIGATIONS.— Appropriations is made pursuant to section 213 (c) WAIVER AND APPEAL.—This section may be (1) IN GENERAL.—Except as provided in para- and except as provided in paragraph (2), it shall waived or suspended in the Senate only by an graph (2), it shall not be in order in the Senate not be in order in the Senate to consider any affirmative vote of three-fifths of the Members, to consider any bill, resolution, amendment, mo- bill, joint resolution, amendment, motion, or duly chosen and sworn. An affirmative vote of tion, or conference report that contains an ap- conference report that exceeds any discretionary three-fifths of the Members of the Senate, duly propriation of new budget authority for any fis- spending limit set forth in this section. chosen and sworn, shall be required in the Sen- cal year which does not become available upon (2) EXCEPTION.—This subsection shall not ate to sustain an appeal of the ruling of the enactment of such legislation or on the first day apply if a declaration of war by Congress is in Chair on a point of order raised under this sec- of that fiscal year (whichever is later). effect. tion. (2) EXCEPTION.—Paragraph (1) shall not (c) WAIVER AND APPEAL.—This section may be (d) DEFINITION OF AN EMERGENCY REQUIRE- apply with respect to appropriations in the de- waived or suspended in the Senate only by an MENT.—A provision shall be considered an emer- fense category; nor shall it apply to appropria- affirmative vote of three-fifths of the Members, gency designation if it designates any item an duly chosen and sworn. An affirmative vote of tions reoccurring or customary. emergency requirement pursuant to section (d) WAIVER AND APPEAL.—Subsections (b) and three-fifths of the Members of the Senate, duly 251(b)(2)(A) or 252(e) of the Balanced Budget chosen and sworn, shall be required in the Sen- (c) may be waived or suspended in the Senate and Emergency Deficit Control Act of 1985. only by an affirmative vote of three-fifths of the ate to sustain an appeal of the ruling of the (e) FORM OF THE POINT OF ORDER.—A point Members, duly chosen and sworn. An affirma- Chair on a point of order raised under this sec- of order under this section may be raised by a tion. tive vote of three-fifths of the Members of the Senator as provided in section 313(e) of the Con- Senate, duly chosen and sworn, shall be re- gressional Budget Act of 1974. Subtitle B—Reserve Funds quired in the Senate to sustain an appeal of the (f) CONFERENCE REPORTS.—If a point of order SEC. 211. MECHANISM FOR ADDITIONAL DEBT RE- ruling of the Chair on a point of order raised is sustained under this section against a con- DUCTION. under this section. ference report, the report shall be disposed of as (a) IN GENERAL.—If any of the legislation de- (e) FORM OF THE POINT OF ORDER.—A point provided in section 313(d) of the Congressional scribed in subsection (b) is vetoed (or does not of order under this section may be raised by a Budget Act of 1974. become law) or any legislation described in sub- Senator as provided in section 313(e) of the Con- (g) EXCEPTION FOR DEFENSE SPENDING.—Sub- section (b)(1) or (b)(2) does not become law on or gressional Budget Act of 1974. section (b) shall not apply against an emergency before October 1, 2000, then the chairman of the (f) CONFERENCE REPORTS.—If a point of order designation for a provision making discretionary Committee on the Budget of the House or Sen- is sustained under this section against a con- appropriations in the defense category. ate, as applicable, may adjust the levels in this ference report, the report shall be disposed of as SEC. 206. MECHANISM FOR IMPLEMENTING IN- concurrent resolution as provided in subsection provided in section 313(d) of the Congressional CREASE OF FISCAL YEAR 2001 DIS- (c). Budget Act of 1974. CRETIONARY SPENDING LIMITS. (b) LEGISLATION.—Any adjustment pursuant (g) PRECATORY AMENDMENTS.—For purposes (a) FINDINGS.—The Senate finds the following: to subsection (a) shall be made with respect to— of interpreting section 305(b)(2) of the Congres- (1) Unless and until the discretionary spend- (1) the reconciliation legislation required by sional Budget Act of 1974, an amendment is not ing limit for fiscal year 2001 is increased, aggre- section 103(a) or section 104; germane if it contains predominately precatory gate appropriations which exceed the current (2) the medicare legislation provided for in language. law limits would still be out of order in the Sen- section 214 or 215; or (h) ADDITIONAL INSTRUCTION.—The Chairman ate and subject to a supermajority vote. (3) any legislation which reduces revenues of the Committee on the Budget in the Senate (2) The functional totals contained in this and is vetoed. may instruct the Senate Committee on Finance concurrent resolution envision a level of discre- (c) ADJUSTMENTS TO BE MADE.—The adjust- to report legislation to reduce debt held by the tionary spending for fiscal year 2001 as follows: ment pursuant to subsection (a) shall be— public in an amount consistent with section 103. (A) For the discretionary category: (1) with respect to the legislation required by (i) SUNSET.—Except for subsection (g), this $600,296,000,000 in new budget authority and section 103(a) or section 104, to decrease the bal- section shall expire effective October 1, 2002. $592,773,000,000 in outlays. ance displayed on the Senate’s pay-as-you-go SEC. 205. EMERGENCY DESIGNATION POINT OF (B) For the highway category: $26,920,000,000 scorecard and increase the revenue aggregate by ORDER IN THE SENATE. in outlays. the amount set forth in section 103(a) or section (a) DESIGNATIONS.— (C) For the mass transit category: 104 (as adjusted, if adjusted, pursuant to section (1) GUIDANCE.—In making a designation of a $4,639,000,000 in outlays. 213) less the amount of any reduction in the cur- provision of legislation as an emergency require- (3) To facilitate the Senate completing its leg- rent level of revenues which has occurred since ment under section 251(b)(2)(A) or 252(e) of the islative responsibilities for the 106th Congress in the adoption of this concurrent resolution and Balanced Budget and Emergency Deficit Con- a timely fashion, it is imperative that the Senate to decrease the level of debt held by the public April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2211 as set forth in section 101(6) by that same (2) direct the Committee on Ways and Means Committee on the Budget of the House or Sen- amount; to report by a date certain an additional rec- ate, as applicable, may increase the allocation (2) with respect to the legislation provided for onciliation bill that reduces debt held by the of new budget authority and outlays to that in section 214 or section 215, to decrease the bal- public by such amount. committee by the amount of new budget author- ance displayed on the Senate’s pay-as-you-go SEC. 214. RESERVE FUND FOR MEDICARE IN THE ity (and the outlays resulting therefrom) pro- scorecard by the amount set forth in section 214 HOUSE. vided by that measure for that purpose not to or section 215 (less the amount of any change in Whenever the Committee on Ways and Means exceed $25,000,000 in new budget authority and the current level of spending or revenues attrib- or Committee on Commerce of the House reports outlays for fiscal year 2001 and $150,000,000 in utable to section 215) and to decrease the level a bill or joint resolution, or an amendment new budget authority and outlays for the period of debt held by the public as set forth in section thereto is offered (in the House), or a conference of fiscal years 2001 through 2005. 101(6) by that same amount and make the cor- report thereon is submitted that reforms the responding adjustments to the revenue and medicare program and provides coverage for pre- SEC. 218. RESERVE FUND FOR MILITARY RETIREE spending aggregates and allocations set forth in scription drugs, the chairman of the Committee HEALTH CARE. this resolution; or on the Budget of the House may increase the If the Committee on Armed Services of the (3) with respect to the legislation described by aggregates and allocations of new budget au- House or the Senate reports the Department of subsection (b)(3), decrease the balance on the thority (and outlays resulting therefrom) by the Senate’s pay-as-you-go scorecard and increase Defense authorization legislation to fund im- amount provided by that measure for that pur- the revenue aggregate for the cost of such legis- provements to health care programs for military pose, but not to exceed $2,000,000,000 in new lation and decrease the level of debt held by the retirees and their dependents in order to fulfill budget authority and outlays for fiscal year public as set forth in section 101(6) by that same the promises made to them, or an amendment 2001 and $40,000,000,000 in new budget authority amount. thereto is offered or a conference report thereon and outlays for the period of fiscal years 2001 SEC. 212. RESERVE FUND FOR ADDITIONAL TAX is submitted, the chairman of the Committee on RELIEF AND DEBT REDUCTION. through 2005 (and make all other appropriate the Budget of the House or Senate, as applica- Whenever the Committee on Ways and Means conforming adjustments). ble, may increase the allocation of new budget or the Committee on Finance reports any bill, or SEC. 215. RESERVE FUND FOR MEDICARE IN THE authority and outlays to that committee by the an amendment thereto is offered or a conference SENATE. amount of new budget authority (and the out- report thereon is submitted, that would cause (a) PRESCRIPTION DRUGS.—Whenever the lays resulting therefrom) provided by that meas- the level by which Federal revenues should be Committee on Finance of the Senate reports a ure for that purpose not to exceed $50,000,000 in reduced, as set forth in section 101(1)(B) for bill or joint resolution or a conference report new budget authority and outlays for fiscal such fiscal year or for such period, as adjusted, thereon is submitted, which improves access to year 2001 and $400,000,000 in new budget au- to be exceeded, the chairman of the Committee prescription drugs for medicare beneficiaries, thority and outlays for the period of fiscal years on the Budget of the House or Senate, as appli- the chairman of the Committee on the Budget of 2001 through 2005 if the enactment of such meas- cable, may increase the levels by which Federal the Senate may revise committee allocations and ure will not cause an on-budget deficit for fiscal revenues should be reduced by the amount ex- other appropriate budgetary levels and limits to year 2001 and the period of fiscal years 2001 ceeding such level resulting from such measure, accommodate such legislation, provided that through 2005. but not to exceed $1,000,000,000 for fiscal year such legislation will not reduce the on-budget 2001 and $25,000,000,000 for the period of fiscal surplus or increase spending, by more than SEC. 219. RESERVE FUND FOR CANCER SCREEN- years 2001 through 2005 and make all other ap- $20,000,000,000 over the period of fiscal years ING AND ENROLLMENT IN SCHIP. propriate conforming adjustments (after taking 2001 through 2005 and will not cause an on- If the Committee on Commerce of the House or into account any other bill or joint resolution budget deficit in any fiscal year. the Committee on Finance of the Senate reports enacted during this session of the One Hundred (b) MEDICARE REFORM.—Whenever the Com- a bill, or an amendment thereto is offered or a Sixth Congress that would cause a reduction in mittee on Finance of the Senate reports a bill or conference report thereon is submitted, that ac- revenues for fiscal year 2001 or the period of fis- joint resolution, or a conference report thereon celerates enrollment of uninsured children in cal years 2001 through 2005). is submitted, which improves the solvency of the medicaid or the State Children’s Health Insur- SEC. 213. RESERVE FUND FOR ADDITIONAL SUR- medicare program without the use of new sub- ance Program or provides medicaid coverage for PLUSES. sidies from the general fund and improves access women diagnosed with cervical and breast can- (a) REPORTING ADDITIONAL SURPLUSES.—If to prescription drugs (or continues access pro- cer through the screening program of the Cen- the report provided pursuant to section 202(e)(2) vided pursuant to subsection (a)) for medicare ters for Disease Control, the chairman of the of the Congressional Budget Act of 1974, the beneficiaries, the chairman of the Committee on Committee on the Budget of the House or Sen- budget and economic outlook: update (for fiscal the Budget of the Senate may change committee ate, as applicable, may increase the allocation years 2001 through 2010) estimates an on-budget allocations and other appropriate budgetary of new budget authority and outlays to that surplus for any of fiscal years 2001 through 2005 levels and limits to accommodate such legisla- committee by the amount of new budget author- that exceeds the on-budget surplus set forth in tion, provided that such legislation will not re- ity (and the outlays resulting therefrom) pro- the Congressional Budget Office’s March 2000 duce the on-budget surplus or increase spending vided by that measure for that purpose not to budget and economic outlook (for fiscal years by more than $40,000,000,000 (less any amount exceed $50,000,000 in new budget authority and 2001 through 2010), the chairman of the Com- already provided by the chairman pursuant to outlays for fiscal year 2001 and $250,000,000 in mittee on the Budget of the House or Senate, as subsection (a)) over the period of fiscal years new budget authority and outlays for the period applicable, may make the adjustments as pro- 2001 to 2005 and will not cause an on-budget of fiscal years 2001 through 2005. vided in subsection (b). deficit in any fiscal year. (b) ADJUSTMENTS.—The chairman of the Com- SEC. 216. RESERVE FUND FOR AGRICULTURE. SEC. 220. RESERVE FUND FOR STABILIZATION OF mittee on the Budget of the House or Senate, as If the Committee on Agriculture of the House PAYMENTS TO COUNTIES IN SUP- applicable, may make the following adjustments or the Committee on Agriculture, Nutrition, and PORT OF EDUCATION. in an amount not to exceed the difference be- Forestry of the Senate reports a bill on or before (a) ADJUSTMENT.—If the Committee on Agri- tween the on-budget surpluses in the reports re- June 29, 2000, or an amendment thereto is of- culture and the Committee on Resources of the ferred to in subsection (a): fered or a conference report thereon is sub- (1) Reduce the on-budget revenue aggregate House or the Committee on Energy and Natural mitted, that provides assistance for producers of by that amount for such fiscal year. Resources of the Senate reports a bill, or an (2) Adjust the instruction in section 103 or 104 program crops and specialty crops, the chair- amendment thereto is offered or a conference re- to— man of the Committee on the Budget of the port thereon is submitted, that provides addi- (A) increase the reduction in revenues by that House or Senate, as applicable, may increase the tional resources for counties and complies with amount for fiscal year 2001; allocation of new budget authority and outlays paragraph (2), the chairman of the Committee (B) increase the reduction in revenues by the to that committee for fiscal year 2000 by the on the Budget of the House or Senate, as appli- sum of the amounts for the period of fiscal years amount of new budget authority (and the out- cable, may increase the allocation of new budget 2001 through 2005; and lays resulting therefrom) provided by that meas- authority and outlays to that committee by the (C) in the House only, increase the amount of ure for that purpose not to exceed $5,500,000,000 amount of new budget authority (and the out- debt reduction by that amount for fiscal year in new budget authority and outlays for fiscal lays resulting therefrom) provided by that meas- 2001. year 2000 and $1,640,000,000 in new budget au- ure for that purpose not to exceed $200,000,000 in (3) Adjust such other levels in this resolution, thority and outlays for fiscal year 2001. new budget authority and outlays for fiscal as appropriate and the Senate pay-as-you-go SEC. 217. RESERVE FUND TO FOSTER THE year 2001 and $1,100,000,000 in new budget au- scorecard. HEALTH OF CHILDREN WITH DIS- thority and outlays for the period of fiscal years (c) ADDITIONAL DEBT REDUCTION IN THE ABILITIES AND THE EMPLOYMENT 2001 through 2005. HOUSE.—If the Congressional Budget Office es- AND INDEPENDENCE OF THEIR FAM- timates an on-budget surplus for fiscal year 2000 ILIES. (b) CONDITION.—Legislation complies with this in excess of the level set forth in this resolution, If the Committee on Commerce of the House or section if it provides for the stabilization of re- then the chairman of the Committee on the the Committee on Finance of the Senate reports ceipt-based payments to counties that support Budget of the House may— a bill, or an amendment thereto is offered or a school and road systems and also provides that (1) reduce the levels of the public debt and conference report thereon is submitted, that fa- a portion of those payments would be dedicated debt held by the public by the amount of such cilitates children with disabilities receiving toward local investments in Federal lands with- increased on-budget surplus; and needed health care at home, the chairman of the in the counties. H2212 CONGRESSIONAL RECORD — HOUSE April 12, 2000 SEC. 221. TAX REDUCTION RESERVE FUND IN THE tionary spending limits should be adhered to (4) the GAO now lists a record number of 25 SENATE. and not circumvented by allowing increased Federal programs that are at ‘‘high risk’’ of In the Senate, the chairman of the Committee taxes to offset discretionary spending. waste, fraud, and abuse. on the Budget may reduce the spending and rev- (b) RESTATEMENT OF BUDGETARY RULE.—For (b) SENSE OF THE HOUSE.—It is the sense of enue aggregates and may revise committee allo- purposes of points of order under this resolution the House that the Committee on the Budget has cations for legislation that reduces revenues if and the Congressional Budget Act of 1974, pro- created task forces to address this issue and that such legislation will not increase the deficit or visions contained in an appropriations bill (or the President should take immediate steps to re- decrease the surplus for— an amendment thereto or a conference report duce waste, fraud, and abuse within the Federal (1) fiscal year 2001; or thereon) resulting in increased revenues shall Government and report on such actions to Con- (2) the period of fiscal years 2001 through continue to not be scored with respect to the gress and that any resulting savings should be 2005. level of budget authority or outlays contained in dedicated to debt reduction and tax relief. SEC. 222. APPLICATION AND EFFECT OF CHANGES such legislation. SEC. 312. SENSE OF THE HOUSE REGARDING IN ALLOCATIONS AND AGGREGATES. SEC. 234. EXERCISE OF RULEMAKING POWERS. EMERGENCY SPENDING. (a) APPLICATION.—Any adjustments of alloca- Congress adopts the provisions of this title— It is the sense of the House that, as part of a tions and aggregates made pursuant to this res- (1) as an exercise of the rulemaking power of comprehensive reform of the budget process, the olution shall— the Senate and the House of Representatives, re- Committees on the Budget should develop a defi- (1) apply while that measure is under consid- spectively, and as such they shall be considered nition of, and a process for, funding emer- eration; as part of the rules of each House, or of that gencies consistent with the applicable provisions (2) take effect upon the enactment of that House to which they specifically apply, and of H.R. 853, the Comprehensive Budget Process measure; and such rules shall supersede other rules only to Reform Act of 1999, that could be incorporated (3) be published in the Congressional Record the extent that they are inconsistent therewith; into the Rules of the House of Representatives as soon as practicable. and and the Standing Rules of the Senate. (b) EFFECT OF CHANGED ALLOCATIONS AND AG- (2) with full recognition of the constitutional SEC. 313. SENSE OF THE HOUSE ON ESTIMATES GREGATES.—Revised allocations and aggregates right of either House to change those rules (so OF THE IMPACT OF REGULATIONS resulting from these adjustments shall be consid- far as they relate to that House) at any time, in ON THE PRIVATE SECTOR. ered for the purposes of the Congressional the same manner, and to the same extent as in (a) FINDINGS.—The House finds that— Budget Act of 1974 as allocations and aggregates the case of any other rule of that House. (1) the Federal regulatory system sometimes contained in this resolution. TITLE III—SENSE OF CONGRESS, HOUSE, adversely affects many Americans and busi- (c) BUDGET COMMITTEE DETERMINATIONS.— AND SENATE PROVISIONS nesses by imposing financial burdens with little For purposes of this resolution— corresponding public benefit; (1) the levels of new budget authority, out- Subtitle A—Sense of Congress Provisions (2) currently, Congress has no general mecha- lays, direct spending, new entitlement author- SEC. 301. SENSE OF CONGRESS ON GRADUATE nism for assessing the financial impact of regu- ity, revenues, deficits, and surpluses for a fiscal MEDICAL EDUCATION. latory activities on the private sector; year or period of fiscal years shall be determined It is the sense of Congress that funding for (3) Congress is ultimately responsible for mak- on the basis of estimates made by the Committee graduate medical education for children’s hos- ing sure agencies act in accordance with con- on the Budget of the House of Representatives pitals is a high priority in this resolution. gressional intent and, while the executive or the Senate, as applicable; and SEC. 302. SENSE OF CONGRESS ON PROVIDING branch is responsible for promulgating regula- (2) such chairman, as applicable, may make ADDITIONAL DOLLARS TO THE tions, Congress should curb ineffective regula- any other necessary adjustments to such levels CLASSROOM. tions by using its oversight and regulatory pow- to carry out this resolution. (a) FINDINGS.—Congress finds that— ers; and (1) strengthening America’s public schools (4) a variety of reforms have been suggested to Subtitle C—Miscellaneous Rulemaking while respecting State and local control is criti- Provisions increase congressional oversight over regulatory cally important to the future of our children activity, including directing the President to SEC. 231. COMPLIANCE WITH SECTION 13301 OF and our Nation; prepare an annual accounting statement con- THE BUDGET ENFORCEMENT ACT OF (2) education is a local responsibility, a State taining several cost/benefit analyses, rec- 1990. priority, and a national concern; ommendations to reform inefficient regulatory (a) In the House, notwithstanding section (3) a partnership with the Nation’s governors, programs, and an identification and analysis of 302(a)(1) of the Congressional Budget Act of parents, teachers, and principals must take duplications and inconsistencies among such 1974, the joint explanatory statement accom- place in order to strengthen public schools and programs. panying the conference report on any concur- foster educational excellence; (b) SENSE OF THE HOUSE.—It is the sense of rent resolution on the budget shall include in its (4) the consolidation of various Federal edu- the House that the House should reclaim its role allocation under section 302(a) of such Act to cation programs will benefit our Nation’s chil- as reformer and take the first step toward curb- the Committee on Appropriations amounts for dren, parents, and teachers by sending more ing inefficient regulatory activity by passing the discretionary administrative expenses of the dollars directly to the classroom; and legislation authorizing the Congressional Budg- Social Security Administration that are off- (5) our Nation’s children deserve an edu- et Office to prepare regular estimates on the im- budget pursuant to section 13301 of the Budget cational system that will provide opportunities pact of proposed Federal regulations on the pri- Enforcement Act of 1990 (even though such to excel. vate sector. amounts are not included in the conference re- (b) SENSE OF CONGRESS.—It is the sense of port on any concurrent resolution on the budget Congress that— SEC. 314. SENSE OF THE HOUSE ON BIENNIAL BUDGETING. pursuant to such section 13301). (1) Congress should enact legislation that It is the sense of the House that there is a (b) In the House, for purposes of applying sec- would consolidate 31 Federal K–12 education wide range of views on the advisability of bien- tion 302(f) of the Congressional Budget Act of programs; and nial budgeting and this issue should be consid- 1974, estimates of the level of total new budget (2) the Department of Education, the States, ered only within the context of comprehensive authority and total outlays provided by a meas- and local educational agencies should work to- budget process reform. ure shall include any discretionary amounts gether to ensure that not less than 95 percent of provided for the Social Security Administration. all funds appropriated for the purpose of car- SEC. 315. SENSE OF THE HOUSE ON ACCESS TO HEALTH INSURANCE AND PRE- SEC. 232. PROHIBITION ON USE OF FEDERAL RE- rying out elementary and secondary education programs administered by the Department of SERVING HOME HEALTH SERVICES SERVE SURPLUSES. FOR ALL MEDICARE BENEFICIARIES. Education are spent for our children in their (a) PURPOSE.—The purpose of this section is (a) ACCESS TO HEALTH INSURANCE.— classrooms. to ensure that transfers from nonbudgetary gov- (1) FINDINGS.—The House finds that— ernmental entities, such as the Federal reserve Subtitle B—Sense of House Provisions (A) 44.4 million Americans are currently with- banks, shall not be used to offset increased on- SEC. 311. SENSE OF THE HOUSE ON WASTE, out health insurance, and that this number is budget spending when such transfers produce FRAUD, AND ABUSE. expected to rise to nearly 60 million people in no real budgetary or economic effects. (a) FINDINGS.—The House finds that— the next 10 years; (b) BUDGETARY RULE.—In the Senate, for pur- (1) while the budget may be in balance, it con- (B) the cost of health insurance continues to poses of points of order under this resolution tinues to be ridden with waste, fraud, and rise, a key factor in increasing the number of and the Congressional Budget Act of 1974, pro- abuse; uninsured; and visions contained in any bill, resolution, amend- (2) just last month, auditors documented more (C) there is a consensus that working Ameri- ment, motion, or conference report that affects than $19,000,000,000 in improper payments each cans and their families will suffer from reduced any surplus funds of the Federal reserve banks year by such agencies as the Agency of Inter- access to health insurance. shall not be scored with respect to the level of national Development, the Internal Revenue (2) SENSE OF THE HOUSE ON IMPROVING ACCESS budget authority, outlays, or revenues con- Service, the Social Security Administration, and TO HEALTH CARE INSURANCE.—It is the sense of tained in such legislation. the Department of Defense; the House that access to affordable health care SEC. 233. REAFFIRMING THE PROHIBITION ON (3) the General Accounting Office (GAO) re- coverage for all Americans is a priority of the THE USE OF TAX INCREASES FOR cently reported that the financial management 106th Congress. DISCRETIONARY SPENDING. practices of some Federal agencies are so poor (b) PRESERVING HOME HEALTH SERVICE FOR (a) PURPOSE.—The purpose of this section is that it is unable to determine the full extent of ALL MEDICARE BENEFICIARIES.— to reaffirm Congress’ belief that the discre- improper Government payments; and (1) FINDINGS.—The House finds that— April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2213 (A) the Balanced Budget Act of 1997 reformed (5) grants made by the National Science Foun- Education Act the highest priority among Fed- medicare home health care spending by instruct- dation have been a crucial factor in the develop- eral elementary and secondary education pro- ing the Health Care Financing Administration ment of important technologies that Americans grams by meeting the commitment to fund the to implement a prospective payment system and take for granted, such as lasers, Magnetic Reso- maximum State grant allocation for educating instituted an interim payment system to achieve nance Imaging, Doppler Radar, and the Inter- children with disabilities under such Act prior savings; net; to authorizing or appropriating funds for any (B) the medicare, medicaid, and SCHIP Bal- (6) because basic research funded by the Na- new education initiative; anced Budget Refinement Act, 1999, reformed tional Science Foundation is high-risk, cutting (4) Congress and the President may consider, the interim payment system to increase reim- edge, fundamental, and may not produce tan- if new or increased funding is authorized or ap- bursements to low-cost providers and delayed gible benefits for over a decade, the Federal propriated for any elementary and secondary the automatic 15 percent payment reduction Government is uniquely suited to support such education initiative that directs funds to local until after the first year of the implementation research; and educational agencies, providing the flexibility in of the prospective payment system; and (7) the National Science Foundation’s focus such authorization or appropriation necessary (C) patients whose care is more extensive and on peer-reviewed merit based grants represents a to allow local educational agencies the author- expensive than the typical medicare patient do model for research agencies across the Federal ity to use such funds for programs under the In- not receive supplemental payments in the in- Government. dividuals with Disabilities Education Act; and terim payment system but will receive special (b) SENSE OF THE HOUSE.—It is the sense of (5) if a local educational agency chooses to protection in the home health care prospective the House that the function 250 (Basic Science) utilize the authority under section payment system. levels assume an amount of funding which en- 613(a)(2)(C)(i) of the Individuals with Disabil- (2) SENSE OF THE HOUSE ON ACCESS TO HOME sures that the National Science Foundation is a ities Education Act to treat as local funds up to HEALTH CARE.—It is the sense of the House priority in the resolution; and that the National 20 percent of the amount of funds the agency re- that— Science Foundation’s critical role in funding ceives under part B of such Act that exceeds the (A) Congress recognizes the importance of basic research, which leads to the innovations amount it received under that part for the pre- home health care for seniors and disabled citi- that assure the Nation’s economic future, and vious fiscal year, then the agency should use zens; cultivate America’s intellectual infrastructure, those local funds to provide additional funding (B) Congress and the Administration should should be recognized. for any Federal, State, or local education pro- work together to maintain quality care for pa- SEC. 319. SENSE OF THE HOUSE REGARDING gram. tients whose care is more extensive and expen- SKILLED NURSING FACILITIES. SEC. 321. SENSE OF THE HOUSE REGARDING sive than the typical medicare patient, including It is the sense of the House that the Medicare HCFA DRAFT GUIDELINES. the most ill and infirmed medicare beneficiaries, Payment Advisory Commission should continue (a) FINDINGS.—The House finds that— while home health care agencies operate in the to carefully monitor the medicare skilled nurs- (1) on February 15, 2000, the Health Care Fi- interim payment system; and ing benefit to determine if payment rates are nancing Administration within the Department (C) Congress and the Administration should sufficient to provide quality care, and that if re- of Health and Human Services issued a draft work together to avoid the implementation of form is recommended, Congress should pass leg- Medicaid School-Based Administrative Claiming the 15 percent reduction in the prospective pay- islation as quickly as possible to assure quality (MAC) Guide; and ment system and ensure timely implementation skilled nursing care. (2) in its introduction, the stated purpose of the draft MAC guide is to provide information of that system. SEC. 320. SENSE OF THE HOUSE ON SPECIAL EDU- for schools, State medicaid agencies, HCFA SEC. 316. SENSE OF THE HOUSE REGARDING CATION. staff, and other interested parties on the exist- MEDICARE+CHOICE PROGRAMS/RE- (a) FINDINGS.—The House finds that— IMBURSEMENT RATES. (1) all children deserve a quality education, ing requirements for claiming Federal funds It is the sense of the House that the including children with disabilities; under the medicaid program for the costs of ad- Medicare+Choice regional disparity among reim- (2) the Individuals with Disabilities Education ministrative activities, such as medicaid out- bursement rates is unfair, and that full funding Act provides that the Federal, State, and local reach, that are performed in the school setting of the Medicare+Choice program is a priority as governments are to share in the expense of edu- associated with school-based health services Congress considers any medicare reform legisla- cating children with disabilities and commits the programs. tion. Federal Government to pay up to 40 percent of (b) SENSE OF THE HOUSE.—It is the sense of the national average per pupil expenditure for the House that— SEC. 317. SENSE OF THE HOUSE ON DIRECTING (1) many school-based health programs pro- THE INTERNAL REVENUE SERVICE children with disabilities; TO ACCEPT NEGATIVE NUMBERS IN (3) the high cost of educating children with vide a broad range of services that are covered FARM INCOME AVERAGING. disabilities and the Federal Government’s fail- by medicaid, affording access to care for chil- (a) FINDINGS.—The House finds that— ure to fully meet its obligation under the Indi- dren who otherwise might well go without need- (1) farmers’ and ranchers’ incomes vary wide- viduals with Disabilities Education Act stretches ed services; (2) such programs also can play a powerful ly from year-to-year due to uncontrollable mar- limited State and local education funds, cre- role in identifying and enrolling children who kets and unpredictable weather; ating difficulty in providing a quality education are eligible for medicaid, as well as the State (2) in the Taxpayer Relief Act of 1997, Con- to all students, including children with disabil- gress enacted 3-year farm income averaging to Children’s Health Insurance programs; ities; (3) undue administrative burdens may be protect agricultural producers from excessive tax (4) the current level of Federal funding to placed on school districts and States and deter rates in profitable years; States and localities under the Individuals with (3) last year, the Internal Revenue Service timely application approval; Disabilities Education Act is contrary to the (4) the Health Care Financing Administration (IRS) proposed final regulations for averaging goal of ensuring that children with disabilities should substantially revise the current draft farm income, which failed to make clear that receive a quality education; MAC guide because it appears to promulgate taxable income in a given year may be a nega- (5) the Federal Government has failed to ap- new rules that place excessive administrative tive number; and propriate 40 percent of the national average per burdens on participating school districts; (4) this IRS interpretation can result in farm- pupil expenditure per child with a disability as (5) the goal of the revised guide should be to ers paying additional taxes during years in required under the Individuals with Disabilities encourage the appropriate use of medicaid which they experience a loss in income. Education Act to assist States and localities to school-based services without undue administra- (b) SENSE OF THE HOUSE.—It is the sense of educate children with disabilities; and tive burdens; and the House that legislation should be considered (6) the levels in function 500 (Education) for (6) the best way to ensure the continued via- during this session of the 106th Congress to di- fiscal year 2001 assume sufficient discretionary bility of medicaid school-based services is to rect the Internal Revenue Service to count any budget authority to accommodate fiscal year guarantee that the guidelines are fair and re- net loss of income in determining the proper rate 2001 appropriations for IDEA, at least sponsible. of taxation. $2,000,000,000 above such funding levels appro- SEC. 322. SENSE OF THE HOUSE ON ASSET-BUILD- SEC. 318. SENSE OF THE HOUSE ON THE IMPOR- priated in fiscal year 2000. ING FOR THE WORKING POOR. TANCE OF THE NATIONAL SCIENCE (b) SENSE OF THE HOUSE.—It is the sense of (a) FINDINGS.—The House finds that— FOUNDATION. the House that— (1) 33 percent of all American households and (a) FINDINGS.—The House finds that— (1) function 500 (Education) levels assume at 60 percent of African American households have (1) the year 2000 will mark the 50th Anniver- least a $2,000,000,000 increase in fiscal year 2001 either no financial assets or negative financial sary of the National Science Foundation; over the current fiscal year to reflect the com- assets; (2) the National Science Foundation is the mitment of Congress to appropriate 40 percent of (2) 46.9 percent of children in America live in largest supporter of basic research in the Fed- the national per pupil expenditure for children households with no financial assets, including eral Government; with disabilities by a date certain; 40 percent of Caucasian children and 75 percent (3) the National Science Foundation is the (2) Congress and the President should in- of African American children; second largest supporter of university-based re- crease fiscal year 2001 funding for programs (3) incentives, including individual develop- search; under the Individuals with Disabilities Edu- ment accounts, are tools demonstrating success (4) research conducted by the grantees of the cation Act by at least $2,000,000,000 above fiscal at empowering low-income workers; National Science Foundation has led to innova- year 2000 appropriated levels; (5) middle and upper income Americans cur- tions that have dramatically improved the qual- (3) Congress and the President should give rently benefit from tax incentives for building ity of life of all Americans; programs under the Individuals with Disabilities assets; and H2214 CONGRESSIONAL RECORD — HOUSE April 12, 2000 (6) the Federal Government should utilize the ing the labor component of the skilled nursing that widows and other poor elderly women re- Federal tax code to provide low-income Ameri- facility market basket update factor; and ceive more adequate benefits that reduce their cans with incentives to work and build assets in (2) while Congress deliberates funding struc- poverty rates and that women, under whatever order to permanently escape poverty. tural medicare reform and the addition of a pre- approach is taken to reform social security, (b) SENSE OF THE HOUSE.—It is the sense of scription drug benefit, it must maintain the con- should receive no lesser a share of overall feder- the House that the provisions of this resolution tinued viability of the current skilled nursing ally funded retirement benefits than they re- assume that Congress should modify the Federal benefit. Therefore, the committees of jurisdiction ceive today; and tax law to include Individual Development Ac- should ensure that medicare beneficiaries re- (4) the sacrifice that women make to care for count provisions in order to encourage low-in- quiring skilled nursing care have access to that their family should be recognized during reform come workers and their families to save for buy- care and that those providers have the resources of social security and that women should not be ing a first home, starting a business, obtaining to meet the expectation for high quality care. penalized by taking an average of 11.5 years out an education, or taking other measures to pre- SEC. 334. SENSE OF THE SENATE ON VETERANS’ of their careers to care for their family. pare for the future. MEDICAL CARE. SEC. 340. USE OF FALSE CLAIMS ACT IN COMBAT- SEC. 323. SENSE OF THE HOUSE ON THE IMPOR- It is the sense of the Senate that the levels in TING MEDICARE FRAUD. TANCE OF SUPPORTING THE NA- this resolution assume an increase of It is the sense of the Senate that the levels in TION’S EMERGENCY FIRST-RE- $1,400,000,000 in veterans’ medical care appro- this resolution assume that chapter 37 of title 31, SPONDERS. priations in fiscal year 2001. United States Code (commonly referred to as the (a) FINDINGS.—The House finds that— SEC. 335. SENSE OF THE SENATE ON IMPACT AID. False Claims Act) and the qui tam provisions of (1) over 1.2 million men and women work as that chapter are essential tools in combatting fire and emergency services personnel in 32,000 It is the sense of the Senate that the levels in this resolution assume that the Impact Aid Pro- medicare fraud and should not be weakened in fire and emergency medical services departments any way. across the Nation; gram strive to reach the goal that all local edu- SEC. 341. SENSE OF THE SENATE REGARDING THE (2) over 80 percent of those who serve do so as cational agencies eligible for Impact Aid receive at a minimum, 40 percent of their maximum pay- NATIONAL GUARD. volunteers; It is the sense of the Senate that the levels in (3) the Nation’s firefighters responded to more ment under sections 8002 and 8003. the resolution assume that the Department of than 18 million calls in 1998, including over 1.7 SEC. 336. SENSE OF THE SENATE ON TAX SIM- Defense will give priority to funding the Active million fires; PLIFICATION. Guard/Reserves and Military Technicians at lev- (4) an average of 100 firefighters per year lose It is the sense of the Senate that the levels in els authorized by Congress in the fiscal year their lives in the course of their duties; and this resolution assume that the Joint Committee 2000 Department of Defense authorization bill. (5) the Federal Government has a role in pro- on Taxation shall develop a report and alter- tecting the health and safety of the Nation’s fire native proposals on tax simplification by the SEC. 342. SENSE OF THE SENATE REGARDING MILITARY READINESS. fighting personnel. end of the year, and the Department of the It is the sense of the Senate that the func- (b) SENSE OF THE HOUSE.—It is the sense of Treasury is requested to develop a report and al- the House that— ternative proposals on tax simplification by the tional totals in the budget resolution assume (1) the Nation’s firefighters and emergency end of the year. that Congress will protect the Department of services crucial role in preserving and protecting SEC. 337. SENSE OF THE SENATE ON ANTITRUST Defense’s readiness accounts, including spares life and property should be recognized, and ENFORCEMENT BY THE DEPART- and repair parts, and operations and mainte- such Federal assistance as low-interest loan MENT OF JUSTICE AND FEDERAL nance, and use the requested levels as the min- programs, community development block grant TRADE COMMISSION REGARDING AG- imum baseline for fiscal year 2001 authorization RICULTURE MERGERS AND ANTI- and appropriations. reforms, emergency radio spectrum realloca- COMPETITIVE ACTIVITY. tions, and volunteer fire assistance programs, SEC. 343. SENSE OF THE SENATE SUPPORTING It is the sense of the Senate that the levels in should be considered; and FUNDING OF DIGITAL OPPORTUNITY this resolution assume that— (2) additional resources should be set aside for INITIATIVES. (1) the Antitrust Division and the Bureau of such assistance. It is the sense of the Senate that the levels in Competition will have adequate resources to en- this resolution assume that the Committees on SEC. 324. SENSE OF THE HOUSE ON ADDITIONAL able them to meet their statutory requirements, Appropriations and Finance should support ef- HEALTH-RELATED TAX RELIEF. including those related to reviewing increas- forts that address the digital divide, including It is the sense of the House that the reserve ingly numerous and complex mergers and inves- tax incentives and funding to— fund set forth in section 213 assumes $446,000,000 tigating and prosecuting anticompetitive busi- (1) broaden access to information tech- in fiscal year 2001 and $4,352,000,000 for the pe- ness activity; and nologies; riod of fiscal years 2001 through 2005 for health- (2) these departments will— (2) provide workers and teachers with infor- related tax provisions comparable to those con- (A) dedicate considerable resources to matters mation technology training; tained in H.R. 2990 (as passed by the House). and transactions dealing with agri-business (3) promote innovative online content and Subtitle C—Sense of Senate Provisions antitrust and competition; and software applications that will improve com- TITLE III—SENSE OF THE SENATE (B) ensure that all vertical and horizontal merce, education, and quality of life; and PROVISIONS mergers implicating agriculture and all com- (4) help provide information and communica- SEC. 331. SENSE OF THE SENATE SUPPORTING plaints regarding possible anticompetitive busi- tions technology to underserved communities. FUNDING LEVELS IN EDUCATIONAL ness practices in the agriculture industry will SEC. 344. SENSE OF THE SENATE ON FUNDING OPPORTUNITIES ACT. receive extraordinary scrutiny. FOR CRIMINAL JUSTICE. It is the sense of the Senate that the levels in SEC. 338. SENSE OF THE SENATE REGARDING It is the sense of the Senate that the levels in this resolution assume that of the amounts pro- FAIR MARKETS FOR AMERICAN this resolution assume that funds to improve the vided for elementary and secondary education FARMERS. justice system will be available as follows: within the Budget Function 500 of this resolu- It is the sense of the Senate that the levels in (1) $665,000,000 for the expanded support of di- tion for fiscal years 2001 through 2005, such this resolution assume that— rect Federal enforcement, adjudicative, and cor- funds shall be appropriated in proportion to and (1) the United States should take steps to in- rectional-detention activities. in accordance with the levels authorized in the crease support for American farmers in order to (2) $50,000,000 in additional funds to combat Educational Opportunities Act, S. 2. level the playing field for United States agricul- terrorism, including cyber crime. SEC. 332. SENSE OF THE SENATE ON ADDITIONAL tural producers and increase the leverage of the (3) $41,000,000 in additional funds for con- BUDGETARY RESOURCES. United States in World Trade Organization ne- struction costs for the Federal Bureau of Pris- It is the sense of the Senate that the levels gotiations on agriculture as long as such sup- ons and the Federal Law Enforcement Training contained in this resolution assume that— port is not trade distorting, and does not other- Center. (1) there are billions of dollars in wasted ex- wise exceed or impair existing Uruguay Round (4) $200,000,000 in support of Customs and Im- penditures in the Federal Government that obligations; and migration and Nationalization Service port of should be eliminated; and (2) such actions should improve United States entry officers for the development and imple- (2) higher projected budget surpluses arising farm income and restore the prosperity of rural mentation of the ACE computer system designed from reductions in government waste and communities. to meet critical trade and border security needs. stronger revenue inflows could be used in the SEC. 339. SENSE OF THE SENATE ON WOMEN AND (5) Funding is available for the continuation future for additional tax relief or debt reduc- SOCIAL SECURITY REFORM. of such programs as: the Byrne Grant Program, tion. It is the sense of the Senate that the levels in Violence Against Women, Juvenile Account- SEC. 333. SENSE OF THE SENATE ON REGARDING this resolution assume that— ability Block Grants, First Responder Training, THE INADEQUACY OF THE PAY- (1) women face unique obstacles in ensuring Local Law Enforcement Block Grants, Weed MENTS FOR SKILLED NURSING retirement security and survivor and disability and Seed, Violent Offender Incarceration and CARE. stability; Truth in Sentencing, State Criminal Alien As- It is the sense of the Senate that the levels in (2) social security plays an essential role in sistance Program, Drug Courts, Residential Sub- this resolution assume that— guaranteeing inflation-protected financial sta- stance Abuse Treatment, Crime Identification (1) the Administration should identify areas bility for women throughout their old age; Technologies, Bulletproof Vests, where they have the authority to make changes (3) Congress and the Administration should Counterterrorism, Interagency Law Enforcement to improve quality, including analyzing and fix- act, as part of social security reform, to ensure Coordination. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2215 SEC. 345. SENSE OF THE SENATE REGARDING SEC. 352. SENSE OF THE SENATE AGAINST FED- be increased as provided for in amendment num- COMPREHENSIVE PUBLIC EDU- ERAL FUNDING OF SMOKE SHOPS. ber 2547, the Domenici and others amendment to CATION REFORM. It is the sense of the Senate that the budget S. 625, the Bankruptcy Reform legislation. It is the sense of the Senate that the levels in levels in this resolution assume that no Federal SEC. 358. SENSE OF CONGRESS REGARDING this resolution assume that the Federal Govern- funds may be used by the Department of Hous- FUNDING FOR THE PARTICIPATION ment should support State and local educational ing and Urban Development to provide any OF MEMBERS OF THE UNIFORMED agencies engaged in comprehensive reform of grant or other assistance to construct, operate, SERVICES IN THE THRIFT SAVINGS their public education system and that any pub- or otherwise benefit a smoke shop or other to- PLAN. lic education reform should include at least the bacco outlet. It is the sense of Congress that the levels of following principles: SEC. 353. SENSE OF THE SENATE CONCERNING funding for the defense category in this (1) Every child should begin school ready to INVESTMENT OF SOCIAL SECURITY resolution— learn. TRUST FUNDS. (1) assume that members of the Armed Forces (2) Training and development for principals It is the sense of the Senate that the assump- are to be authorized to participate in the Thrift and teachers should be a priority. tions underlying the functional totals in this Savings Plan; and SEC. 346. SENSE OF THE SENATE ON PROVIDING resolution assume that the Federal Government (2) provide the $980,000,000 necessary to offset ADEQUATE FUNDING FOR UNITED should not directly invest contributions made to the reduced tax revenue resulting from that par- STATES INTERNATIONAL LEADER- the Federal Old-Age and Survivors Insurance ticipation through fiscal year 2009. SHIP. Trust Fund and the Federal Disability Insur- SEC. 359. SENSE OF THE SENATE CONCERNING It is the sense of the Senate that the levels in ance Trust Fund established under section 201 UNINSURED AND LOW-INCOME INDI- this resolution assume that additional budg- of the Social Security Act (42 U.S.C. 401), or any VIDUALS IN MEDICALLY UNDER- etary resources should be identified for function interest derived from those contributions, in pri- SERVED COMMUNITIES. 150 to enable successful United States inter- vate financial markets. It is the sense of the Senate that the func- national leadership. SEC. 354. SENSE OF THE SENATE ON MEDICARE tional totals underlying this resolution on the SEC. 347. SENSE OF THE SENATE CONCERNING PRESCRIPTION DRUGS. budget assume that— THE HIV/AIDS CRISIS. It is the sense of the Senate that the levels in (1) appropriations for consolidated health cen- It is the sense of the Senate that— this budget resolution assume that among its re- ters under section 330 of the Public Health Serv- (1) the functional totals underlying this reso- form options, Congress should explore a medi- ice Act (42 U.S.C. 254b) should be increased by lution on the budget assume that Congress has care prescription drug proposal that— 100 percent over the next 5 fiscal years in order recognized the catastrophic effects of the HIV/ (1) is voluntary; to double the number of individuals who receive AIDS epidemic, particularly in sub-Saharan Af- (2) increases access for all medicare bene- health care services at community, migrant, rica, and seeks to maximize the effectiveness of ficiaries; homeless, and public housing health centers; the United States’ efforts to combat the disease (3) is designed to provide meaningful protec- and through any necessary authorization or appro- tion and bargaining power for medicare bene- (2) appropriations for consolidated health cen- priations; ficiaries in obtaining prescription drugs; ters should be increased by $150,000,000 in fiscal (2) Congress should strengthen ongoing pro- (4) is affordable for all medicare beneficiaries year 2001 over the amount appropriated for such grams which address education and prevention, and for the medicare program; centers in fiscal year 2000. testing, the care of AIDS orphans, and improv- (5) is administered using private sector entities And the Senate agree to the same. ing home and community-based care options for and competitive purchasing techniques; JOHN R. KASICH, those living with AIDS; and (6) is consistent with broader medicare reform; (3) Congress should seek additional or new (7) preserves and protects the financial integ- SAXBY CHAMBLISS, tools to combat the epidemic, including initia- rity of the medicare trust funds; CHRISTOPHER SHAYS, tives to encourage vaccine development and pro- (8) does not increase medicare beneficiary pre- Managers on the Part of the House. grams aimed at preventing mother-to-child miums; and PETE DOMENICI, transmission of the disease. (9) provides a prescription drug benefit as CHUCK GRASSLEY, SEC. 348. SENSE OF THE SENATE REGARDING soon as possible. C.S. BOND, TRIBAL COLLEGES. SEC. 355. SENSE OF THE SENATE CONCERNING SLADE GORTON, It is the sense of the Senate that the levels in FUNDING FOR NEW EDUCATION PRO- Managers on the Part of the Senate. GRAMS. this resolution assume that— JOINT EXPLANATORY STATEMENT OF It is the sense of the Senate that the budg- (1) the Senate recognizes the funding difficul- THE COMMITTEE OF CONFERENCE ties faced by tribal colleges and assumes that etary levels in this resolution assume that Con- The managers on the part of the House and priority consideration will be provided to them gress’ first priority should be to fully fund the the Senate at the conference on the dis- through funding for the Tribally Controlled Col- programs described under part B of the Individ- agreeing votes of the two Houses on the lege and University Act, the 1994 Land Grant uals with Disabilities Education Act (20 U.S.C. amendment of the Senate to the concurrent Institutions, and title III of the Higher Edu- 1411 et seq.) at the originally promised level of resolution (H. Con. Res. 290), establishing the cation Act; and 40 percent before Federal funds are appro- congressional budget for the United States (2) such priority consideration reflects Con- priated for new education programs. Government for fiscal year 2001, revising the gress’ intent to continue work toward current SEC. 356. SENSE OF THE SENATE REGARDING EN- congressional budget for the United States statutory Federal funding goals for the tribal FORCEMENT OF FEDERAL FIREARMS Government for fiscal year 2000, and setting colleges. LAWS. It is the sense of the Senate that the assump- forth appropriate budgetary levels for each SEC. 349. SENSE OF THE SENATE TO PROVIDE RE- of fiscal years 2002 through 2005, submit the LIEF FROM THE MARRIAGE PEN- tions underlying the functional totals in this ALTY. concurrent resolution on the budget assume that following joint statement to the House and It is the sense of the Senate that the level in Federal funds will be used for an effective law the Senate in explanation of the effect of the this budget resolution assume that Congress enforcement strategy requiring a commitment to action agreed upon by the managers and rec- shall— enforcing existing Federal firearms laws by— ommended in the accompanying conference (1) pass marriage penalty tax relief legislation (1) designating not less than 1 Assistant report: that begins a phase down of this penalty in United States Attorney in each district to pros- The Senate amendment struck all of the 2001; and ecute Federal firearms violations and thereby House bill after the enacting clause and in- (2) consider such legislation prior to April 15, expand Project Exile nationally; serted a substitute text. 2000. (2) upgrading the national instant criminal The House recedes from its disagreement background system established under section to the amendment of the Senate with an SEC. 350. SENSE OF THE SENATE ON THE CONTIN- amendment that is a substitute for the UED USE OF FEDERAL FUEL TAXES 103(b) of the Brady Handgun Violence Preven- FOR THE CONSTRUCTION AND REHA- tion Act (18 U.S.C. 922 note) by encouraging House bill and the Senate amendment. The BILITATION OF OUR NATION’S HIGH- States to place mental health adjudications on differences between the House bill, the Sen- WAYS, BRIDGES, AND TRANSIT SYS- that system and by improving the overall speed ate amendment, and the substitute agreed to TEMS. and efficiency of that system; and in conference are noted below, except for It is the sense of the Senate that the func- (3) providing incentive grants to States to en- clerical corrections, conforming changes tional totals in this budget resolution do not as- courage States to impose mandatory minimum made necessary by agreements reached by sume the reduction of any Federal gasoline sentences for firearm offenses based on section the conferees, and minor drafting and cler- taxes on either a temporary or permanent basis. 924(c) of title 18, United States Code, and to ical changes. SEC. 351. SENSE OF THE SENATE CONCERNING prosecute those offenses in State court. The conferees intend that to the extent THE PRICE OF PRESCRIPTION SEC. 357. SENSE OF THE SENATE THAT ANY IN- that the legislative text in the conference re- DRUGS IN THE UNITED STATES. CREASE IN THE MINIMUM WAGE port is the same as in the House or Senate- It is the sense of the Senate that the budg- SHOULD BE ACCOMPANIED BY TAX passed resolutions, the corresponding sec- etary levels in this resolution assume that the RELIEF FOR SMALL BUSINESSES. tions in the House Report 106–530 and Senate cost disparity between identical prescription It is the sense of the Senate that the func- Report 106–251 remain a source of legislative drugs sold in the United States, Canada, and tional totals underlying this resolution on the history of the drafters’ intent on the concur- Mexico should be reduced or eliminated. budget assume that the minimum wage should rent resolution. H2216 CONGRESSIONAL RECORD — HOUSE April 12, 2000

DECLARATION supersede those established and adjusted Section 101(c) shows (for informational House resolution pursuant to H. Con. Res. 68 for all purposes purposes only) the level of budget authority The House resolution revises the budgetary under the Budget Act, including to enforce and outlays for Social Security administra- levels for fiscal year 2000 and establishes the sections 302(f) and 311(a) of the Budget Act tive expenses. These expenses, as is the case appropriate levels for fiscal year 2001, and for with respect to fiscal year 2000. with all expenditures from the Social Secu- fiscal years 2002, 2003, 2004, and 2005. DISPLAY OF LEVELS AND AMOUNTS rity trust funds, are off-budget; however for Senate amendment RECOMMENDED LEVELS AND AMOUNTS scoring purposes they are counted against the discretionary spending limits because The Senate resolution revises the budg- The required contents of the concurrent they are provided annually in appropriations etary levels for fiscal year 2000 and estab- resolution on the budget are set forth in sec- acts. lishes the appropriate levels for fiscal year tion 301(a) of the Budget Act. 2001, and for fiscal years 2002, 2003, 2004, and House resolution Conference agreement 2005. The House resolution includes amounts for Conference agreement Title I of the Conference Agreement in- the following budgetary totals required pur- cludes the amounts required for both the The Conference Agreement revises and re- suant to section 301(a) of the Budget Act: to- House and Senate by section 301(a) of the places the budgetary levels for the current tals of new budget authority, outlays, rev- Budget Act. year, fiscal year 2000, as established by the enue, the levels by which revenues should be report accompanying H. Con. Res. 68, the reduced, surpluses, and public debt. For purposes of enforcement in the Senate Concurrent Resolution on the Budget for Senate amendment of section 311(a)(3) of the Budget Act, the Fiscal Year 2000 (H. Rept. 106–91); establishes Conference Agreement also includes the uni- Title I of the Senate amendment contains the levels for the budget year, fiscal year fied totals for revenue and outlays for the a provision to focus attention on levels of 2001; establishes levels and for each of the 4 Federal Old-Age and Survivors Insurance and debt held by the public. Section 101(6) pro- out-years, fiscal years 2002, 2003, 2004, and Disability Insurance Trust Funds. 2005. vides advisory debt held by the public levels. The authority to revise the current year These debt held by the public levels reflect The Conference Agreement includes appro- levels is set forth in section 304 of the Con- the fact that the resolution devotes the en- priate levels for debt held by the public as gressional Budget and Impoundment Control tire Social Security surplus to the reduction were included in the Senate amendment with Act of 1974 [Budget Act]. These revised levels of debt held by the public. an amendment modifying the amounts. HOUSE-PASSED BUDGET RESOLUTION MANDATORY SPENDING [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

SUMMARY Total Mandatory Spending: BA ...... 1223.6 1260.1 1289.9 1336.9 1387.6 1446.8 6721.3 O ...... 1168.8 1201.1 1237.1 1282.4 1333.9 1392.7 6447.2 On-budget: BA ...... 900.1 927.6 950.6 988.4 1029.8 1077.8 4974.2 O ...... 845.3 868.6 897.7 933.8 976.2 1023.7 4700 Off-budget: BA ...... 323.5 332.5 339.4 348.5 357.7 369 1747.1 O ...... 323.5 332.5 339.4 348.5 357.7 369 1747.1 BY FUNCTION National Defense (050): BA ...... ¥1 ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.8 ¥4.4 O ...... ¥1 ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.8 ¥4.4 International Affairs (150): BA ...... ¥2.2 ¥0.20000.20 O ...... ¥4.6 ¥4 ¥3.8 ¥3.7 ¥3.5 ¥3.4 ¥18.4 General Science, Space, and Technology (250): BA ...... 0.10.100000.1 O ...... 0.10.10.10000.2 Energy (270): BA ...... ¥1.5 ¥1.6 ¥1.9 ¥1.9 ¥1.8 ¥1.9 ¥9.1 O ...... ¥3.6 ¥2.9 ¥3.1 ¥3.2 ¥3.2 ¥3.2 ¥15.6 Natural Resources and Environment (300): BA ...... 0.3 0.7 0.7 0.7 0.7 0.7 3.5 O ...... 0.5 0.7 0.7 0.7 0.7 0.6 3.4 Agriculture (350): BA ...... 31.2 14.6 14 13.1 12.5 11.3 65.5 O ...... 29.8 12.5 12.3 11.5 11.1 9.8 57.2 Commerce and Housing Credit (370): BA ...... 1.6 4.2 5.9 7.2 10.5 10.5 38.3 O ...... ¥3.2 ¥0.3 2.3 2.5 5.6 6.6 16.7 On-budget: BA ...... 0.6 3.6 5.6 6.4 10.5 10.5 36.6 O ...... ¥4.2 ¥0.9 2 1.7 5.6 6.6 15 Off-budget: BA ...... 1 0.6 0.3 0.8 0 0 1.7 O ...... 1 0.6 0.3 0.8 0 0 1.7 Transportation (400): BA ...... 39.9 43.5 41.1 42 42 42 210.6 O ...... 2.3 2.1 1.7 1.9 1.9 1.8 9.4 Community and Regional Development (450): BA ...... ¥0.200¥0.1 ¥0.1 0 ¥0.2 O ...... ¥0.7 ¥0.6 ¥0.6 ¥0.7 ¥0.7 ¥0.7 ¥3.3 Education, Training, Employment and Social Services (500): BA ...... 13.2 15.8 16.3 16.3 16.4 17.1 81.9 O ...... 12.3 16.3 16.3 16 16 16.5 81.1 Health (550): BA ...... 125.6 134.8 144.1 155.5 169.1 184.7 788.2 O ...... 123.4 133.2 144.1 155.9 169.8 184.6 787.6 Medicare (570): BA ...... 196.5 212.6 218.5 236.6 252.2 275.6 1195.5 O ...... 196.4 212.9 218.5 236.4 252.4 275.6 1195.8 Income Security (600): BA ...... 208.5 217 224.7 233.6 243.1 255.2 1173.6 O ...... 205.6 213 222.1 231.2 240.9 253.4 1160.6 Social Security (650): BA ...... 401.8 419.4 439.6 460.3 482.4 506.6 2308.3 O ...... 401.8 419.4 439.6 460.3 482.4 506.6 2308.3 On-budget: BA ...... 11.5 9.7 11.5 12.2 13 13.8 60.2 O ...... 11.5 9.7 11.5 12.2 13 13.8 60.2 Off-budget: BA ...... 390.3 409.7 428.1 448 469.5 492.7 2248 O ...... 390.3 409.7 428.1 448 469.5 492.7 2248 Veterans Benefits and Services (700): BA ...... 25.1 25.6 26.4 27.8 28.6 31.5 139.9 O ...... 24.8 25.4 26.3 27.7 28.5 31.3 139.2 Administration of Justice (750): BA ...... 0.7 1.1 0.7 0.6 0.6 0.5 3.5 O ...... 0.8 0.9 0.8 0.7 0.5 0.4 3.3 General Government (800): April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2217 HOUSE-PASSED BUDGET RESOLUTION MANDATORY SPENDING—Continued [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

BA ...... 1.3 1.2 1.2 1.1 1.1 1.2 5.8 O ...... 1.6 1.2 1.2 1.1 1.3 1.1 5.9 Net Interest (900): BA ...... 224.5 218.9 210 194.9 179.3 162.5 965.6 O ...... 224.5 218.9 210 194.9 179.3 162.5 965.6 On-budget: BA ...... 284.6 288.5 290 285.7 280.9 275.4 1420.5 O ...... 284.6 288.5 290 285.7 280.9 275.4 1420.5 Off-budget: BA ...... ¥60 ¥69.5 ¥80.1 ¥90.8 ¥101.6 ¥112.9 ¥454.9 O ...... ¥60 ¥69.5 ¥80.1 ¥90.8 ¥101.6 ¥112.9 ¥454.9 Allowances (920): BA ...... 0000000 O ...... 0000000 Undistributed Offsetting Receipts (950): BA ...... ¥41.8 ¥46.7 ¥50.3 ¥50.2 ¥48.2 ¥50.1 ¥245.5 O ...... ¥41.8 ¥46.7 ¥50.3 ¥50.2 ¥48.2 ¥50.1 ¥245.5 On-budget: BA ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 O ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 Off-budget: BA ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 O ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7

FUNCTION SUMMARY—SENATE-PASSED RESOLUTION [In billions of dollars]

Function 2000 2001 2002 2003 2004 2005 2001–05

50: BA ...... 291.6 309.8 309.1 315.5 323.2 331.5 1589.2 OT ...... 288.1 296.7 303.1 309.6 317.7 328.1 1555.1 Discretionary: BA ...... 292.6 310.8 310 316.4 324 332.3 1593.6 OT ...... 289.1 297.7 304 310.5 318.5 328.9 1559.5 Mandatory: BA ...... ¥1 ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.8 ¥4.4 OT ...... ¥1 ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.8 ¥4.4 150: BA ...... 22 20.1 20.9 21.4 21.9 22.6 107 OT ...... 16 18.6 17.9 17.6 17.7 17.9 89.8 Discretionary: BA ...... 24.2 20.4 20.9 21.4 21.9 22.5 107 OT ...... 20.6 22.6 21.7 21.2 21.2 21.3 108 Mandatory: BA ...... ¥2.2 ¥0.20000.20 OT ...... ¥4.6 ¥4 ¥3.8 ¥3.7 ¥3.5 ¥3.4 ¥18.3 250: BA ...... 19.3 19.7 19.9 19.8 20.1 20.3 99.8 OT ...... 18.4 19.2 19.6 19.5 19.7 19.9 97.9 Discretionary: BA ...... 19.2 19.6 19.8 19.8 20 20.3 99.6 OT ...... 18.4 19.2 19.5 19.5 19.6 19.9 97.7 Mandatory: BA ...... 0.10.100000.2 OT ...... 0.1 0.1 0.1 0 0 0 0.3 270: BA ...... 1.1 1.5 ¥0.3 1.2 1.2 1.2 4.9 OT ...... ¥0.6 0.2 ¥1.4 0 ¥0.1 ¥0.1 ¥1.4 Discretionary: BA ...... 2.6 3.1 1.7 3.1 3.1 3.1 14 OT ...... 3 3.1 1.8 3.1 3.1 3.1 14.3 Mandatory: BA ...... ¥1.5 ¥1.6 ¥1.9 ¥1.9 ¥1.8 ¥1.9 ¥9.2 OT ...... ¥3.6 ¥2.9 ¥3.1 ¥3.2 ¥3.2 ¥3.2 ¥15.7 300: BA ...... 24.5 24.9 25 25 25.1 25.1 125.1 OT ...... 24.2 24.9 25 25.2 25.1 24.9 125.1 Discretionary: BA ...... 24.2 24.1 24.1 24.1 24.1 24.1 120.3 OT ...... 23.8 24 24.2 24.2 24.1 24 120.6 Mandatory: BA ...... 0.30.911114.8 OT ...... 0.5 0.9 0.8 1 1 0.9 4.5 350: BA ...... 35.3 20.9 19 18 17.4 16.1 91.3 OT ...... 33.9 18.8 17.2 16.4 15.9 14.6 82.9 Discretionary: BA ...... 4.5 4.5 4.6 4.6 4.7 4.7 23.1 OT ...... 4.6 4.5 4.5 4.5 4.6 4.6 22.8 Mandatory: BA ...... 30.7 16.4 14.4 13.4 12.7 11.4 68.2 OT ...... 29.3 14.3 12.8 11.8 11.3 10 60.1 370: BA ...... 8.6 6.7 8.9 10.2 13.4 13.4 52.6 OT ...... 4.1 2.6 5.2 5.5 8.4 9.3 30.9 Discretionary: BA ...... 7 2.5 3 3 2.9 2.9 14.3 OT ...... 7.3 2.8 2.9 2.9 2.8 2.7 14.2 Mandatory: BA ...... 1.6 4.2 5.9 7.2 10.5 10.5 38.2 OT ...... ¥3.2 ¥0.3 2.3 2.5 5.6 6.6 16.8 370 on-budget: BA ...... 7.6 6.1 8.6 9.4 13.4 13.4 50.9 OT ...... 3.1 2 4.9 4.7 8.4 9.3 29.2 Discretionary: BA ...... 7 2.5 3 3 2.9 2.9 14.3 OT ...... 7.3 2.8 2.9 2.9 2.8 2.7 14.2 Mandatory: BA ...... 0.6 3.6 5.6 6.4 10.5 10.5 36.5 OT ...... ¥4.2 ¥0.9 2 1.7 5.6 6.6 15.1 400: BA ...... 54.4 59.5 57.5 59.1 59.1 59.2 294.5 OT ...... 46.7 51.1 53.5 55.5 56.1 56.4 272.7 Discretionary: BA ...... 14.5 16.1 16.5 17.1 17.1 17.1 84 OT ...... 44.4 49.1 51.8 53.6 54.3 54.7 263.4 Mandatory: H2218 CONGRESSIONAL RECORD — HOUSE April 12, 2000 FUNCTION SUMMARY—SENATE-PASSED RESOLUTION—Continued [In billions of dollars]

Function 2000 2001 2002 2003 2004 2005 2001–05

BA ...... 39.9 43.5 41.1 42 42 42 210.5 OT ...... 2.3 2.1 1.7 1.9 1.9 1.8 9.3 450: BA ...... 11.3 9.3 8.8 8.7 8.7 8.7 44.2 OT ...... 10.7 10.4 9.9 8.8 8.3 7.9 45.3 Discretionary: BA ...... 11.5 9.2 8.8 8.7 8.8 8.8 44.3 OT ...... 11.5 11.1 10.7 9.8 9.3 9 49.9 Mandatory: BA ...... ¥0.200¥0.1 ¥0.1 0 ¥0.2 OT ...... ¥0.7 ¥0.7 ¥0.8 ¥1 ¥1 ¥1.1 ¥4.6 500: BA ...... 57.7 75.6 76.4 77.3 78.4 79.8 387.5 OT ...... 61.9 68.8 73.2 76.1 77.4 78.7 374.1 Discretionary: BA ...... 44.5 57.4 59.8 60.2 60.9 61.6 300 OT ...... 49.6 52.3 56.5 59.3 60.3 61 289.5 Mandatory: BA ...... 13.2 18.2 16.6 17 17.5 18.2 87.5 OT ...... 12.3 16.5 16.6 16.7 17.1 17.7 84.6 550: BA ...... 159.2 170.8 178.9 191 205.2 221.5 967.3 OT ...... 153.5 167.4 177.8 190.3 204.8 220.3 960.7 Discretionary: BA ...... 33.6 36 34.8 35.5 36.1 36.8 179.2 OT ...... 30.1 34.3 33.8 34.5 35.1 35.7 173.4 Mandatory: BA ...... 125.6 134.8 144.1 155.5 169.1 184.7 788.1 OT ...... 123.4 133.1 144 155.8 169.7 184.6 787.3 570: BA ...... 199.6 218.8 228.6 249.8 265.3 288.7 1251.2 OT ...... 199.5 219 228.6 249.5 265.5 288.7 1251.4 Discretionary: BA ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.6 OT ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.5 Mandatory: BA ...... 196.5 215.6 225.5 246.6 262.2 285.6 1235.6 OT ...... 196.4 215.9 225.5 246.4 262.4 285.6 1235.8 600: BA ...... 238.9 253.2 264.8 274.8 284.9 297.7 1375.5 OT ...... 248.1 255.4 267.3 278.5 288.4 301.2 1390.7 Discretionary: BA ...... 30.4 35.4 38 39.1 39.7 40.3 192.5 OT ...... 42.5 42.1 43 45 45.4 45.7 221.1 Mandatory: BA ...... 208.5 217.8 226.8 235.7 245.2 257.4 1182.9 OT ...... 205.6 213.4 224.2 233.5 243 255.5 1169.5 650: BA ...... 405 422.8 443.1 463.8 486 510.2 2325.9 OT ...... 405 422.8 443.1 463.8 486 510.1 2325.7 Discretionary: BA ...... 3.2 3.5 3.5 3.5 3.6 3.6 17.6 OT ...... 3.2 3.4 3.5 3.5 3.5 3.6 17.5 Mandatory: BA ...... 401.8 419.4 439.6 460.3 482.4 506.6 2308.3 OT ...... 401.8 419.4 439.6 460.3 482.4 506.6 2308.3 650 on-budget: BA ...... 11.5 9.7 11.6 12.3 13 13.8 60.4 OT ...... 11.5 9.7 11.6 12.3 13 13.8 60.4 Discretionary: BA ...... 0 0 0 0 0 0 0.1 OT ...... 0000000.1 Mandatory: BA ...... 11.5 9.7 11.5 12.2 13 13.8 60.3 OT ...... 11.5 9.7 11.5 12.2 13 13.8 60.3 700: BA ...... 46 48.6 49.3 51.3 52.6 56 257.9 OT ...... 45.1 48.1 49.2 51 52.3 55.7 256.3 Discretionary: BA ...... 20.9 22.9 22.9 23.8 24.3 24.9 118.9 OT ...... 20.4 22.7 22.9 23.6 24.2 24.7 118 Mandatory: BA ...... 25.1 25.6 26.4 27.5 28.3 31.1 138.9 OT ...... 24.8 25.4 26.3 27.4 28.2 31 138.3 750: BA ...... 27.4 28.2 28.5 29.2 31.3 32.1 149.3 OT ...... 28 28.3 28.8 29.2 31 31.9 149.2 Discretionary: BA ...... 26.6 27.1 27.8 28.5 29.2 29.9 142.6 OT ...... 27.2 27.5 27.9 28.5 29.1 29.8 142.7 Mandatory: BA ...... 0.7 1.1 0.7 0.6 2.1 2.2 6.7 OT ...... 0.8 0.9 0.8 0.7 2 2.1 6.5 800: BA ...... 13.7 14.4 13.6 13.6 13.6 13.6 68.8 OT ...... 14.7 14.3 13.9 13.8 13.9 13.6 69.4 Discretionary: BA ...... 12.4 13.2 12.4 12.4 12.4 12.4 62.9 OT ...... 13.2 13.1 12.7 12.6 12.6 12.5 63.5 Mandatory: BA ...... 1.3 1.2 1.2 1.1 1.1 1.2 5.9 OT ...... 1.6 1.2 1.2 1.1 1.3 1.1 6 900: BA ...... 224.7 219.5 211 197 182.4 166.9 976.8 OT ...... 224.7 219.5 211 197 182.4 166.9 976.8 Discretionary: BA ...... 0000000 OT ...... 0000000 Mandatory: BA ...... 224.7 219.5 211 197 182.4 166.9 976.8 OT ...... 224.7 219.5 211 197 182.4 166.9 976.8 900 on-budget: BA ...... 284.7 289 291.1 287.8 284 279.8 1431.7 OT ...... 284.7 289 291.1 287.8 284 279.8 1431.7 Discretionary: BA ...... 0000000 OT ...... 0000000 Mandatory: BA ...... 284.7 289 291.1 287.8 284 279.8 1431.7 OT ...... 284.7 289 291.1 287.8 284 279.8 1431.7 April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2219 FUNCTION SUMMARY—SENATE-PASSED RESOLUTION—Continued [In billions of dollars]

Function 2000 2001 2002 2003 2004 2005 2001–05

920: BA ...... 0 ¥6 ¥0.5 ¥0.5 ¥0.5 ¥0.5 ¥8 OT ...... 0 ¥5.6 ¥1.8 ¥5.4 ¥7.3 ¥6.6 ¥26.6 Discretionary: BA ...... 0 ¥6 ¥0.5 ¥0.5 ¥0.5 ¥0.5 ¥8 OT ...... 0 ¥5.6 ¥1.8 ¥5.4 ¥7.3 ¥6.6 ¥26.6 Mandatory: BA ...... 0000000 OT ...... 0000000 950: BA ...... ¥42 ¥46.6 ¥50.9 ¥50.8 ¥48.5 ¥51.6 ¥248.3 OT ...... ¥42 ¥46.6 ¥50.9 ¥50.8 ¥48.5 ¥51.6 ¥248.3 Discretionary: BA ...... ¥0.2 0.1 ¥0.6 ¥0.6 ¥0.3 ¥1.5 ¥2.9 OT ...... ¥0.2 0.1 ¥0.6 ¥0.6 ¥0.3 ¥1.5 ¥2.9 Mandatory: BA ...... ¥41.8 ¥46.7 ¥50.3 ¥50.2 ¥48.2 ¥50.1 ¥245.5 OT ...... ¥41.8 ¥46.7 ¥50.3 ¥50.2 ¥48.2 ¥50.1 ¥245.5 950 on-budget: BA ...... ¥34.3 ¥38.4 ¥41.9 ¥41.3 ¥38.4 ¥40.7 ¥200.6 OT ...... ¥34.3 ¥38.4 ¥41.9 ¥41.3 ¥38.4 ¥40.7 ¥200.6 Discretionary: BA ...... ¥0.2 0.1 ¥0.6 ¥0.6 ¥0.3 ¥1.5 ¥2.9 OT ...... ¥0.2 0.1 ¥0.6 ¥0.6 ¥0.3 ¥1.5 ¥2.9 Mandatory: BA ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.8 OT ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.8 Total: BA ...... 1798 1871.8 1911.8 1975.2 2040.8 2112.6 9912.1 OT ...... 1780.1 1833.9 1890.1 1951 2014.8 2087.8 9777.7 Discretionary 1: BA ...... 574.8 603.1 610.7 623.2 635.2 646.5 3118.7 OT ...... 611.7 627 642.1 653.7 663.1 676.1 3262.1 Mandatory: BA ...... 1223.2 1268.7 1301.1 1352 1405.5 1466.1 6793.4 OT ...... 1168.5 1206.9 1248 1297.4 1351.6 1411.7 6515.6 Total on-budget: BA ...... 1471.3 1535.9 1569 1623.2 1679.5 1740 8147.5 OT ...... 1453.4 1498.1 1547.3 1599 1653.5 1715.3 8013.2 Discretionary: BA ...... 571.6 599.6 607.2 619.7 631.7 642.9 3101.2 OT ...... 608.5 623.6 638.7 650.2 659.6 672.6 3244.7 Mandatory: BA ...... 899.7 936.2 961.7 1003.5 1047.8 1097.1 5046.4 OT ...... 844.9 874.4 908.6 948.8 993.9 1042.7 4768.5 Revenues ...... 1944.3 2003.3 2072 2146.6 2225.6 2318.6 10766.2 Revenues on-budget ...... 1464.6 1501.8 1547.1 1599.4 1655.7 1721.3 8025.4 Surplus ...... 164.1 169.4 181.9 195.5 210.9 230.8 988.5 On-budget ...... 11.2 3.7 ¥0.2 0.4 2.2 6 12.1 Off-budget ...... 152.9 165.7 182 195.2 208.7 224.8 976.4 1 Discretionary spending in this summary reflects the levels that will apply once new discretionary limits are enacted.

CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION TOTAL SPENDING AND REVENUES [In billions of dollars]

2001– 2000 2001 2002 2003 2004 2005 2005

SUMMARY Total Spending: BA ...... 1802 1869 1910.1 1970.7 2035 2108.7 9893.5 O ...... 1783.8 1834.7 1889.4 1947.4 2010.3 2084.8 9766.6 On-Budget: BA ...... 1471.4 1528.5 1563 1614.7 1670 1733.1 8109.3 O ...... 1453.1 1494.3 1542.3 1591.4 1645.4 1709.2 7982.6 Off-Budget: BA ...... 330.6 340.5 347.1 356 365 375.6 1784.2 O ...... 330.7 340.4 347.1 356 364.9 375.6 1784 Revenues: Total ...... 1945.1 2004.7 2072.9 2145.8 2222.7 2317.1 10763.2 On-Budget ...... 1465.5 1503.2 1548 1598.6 1652.8 1719.8 8022.4 Off-Budget ...... 479.6 501.5 524.9 547.2 569.9 597.3 2740.8 Surplus/Deficit (¥): Total ...... 161.3 170 183.5 198.4 212.4 232.3 996.6 On-Budget ...... 12.4 8.9 5.7 7.2 7.4 10.6 39.8 Off-Budget ...... 148.9 161.1 177.8 191.2 205 221.7 956.8 Debt Held by the Public (end of year) ...... 3470.2 3313.2 3135.1 2948.3 2747 2524.2 NA Debt Subject to Limit (end of year) ...... 5640.2 5723.7 5814.7 5914.4 6008.8 6098 NA BY FUNCTION National Defense (050): BA ...... 291.6 309.9 309.2 315.6 323.4 331.7 1589.8 O ...... 288.1 296.7 303.2 309.8 317.9 328.3 1555.9 International Affairs (150): BA ...... 22 19.8 20.1 20.1 20.1 20.6 100.7 O ...... 16 18.3 17.8 16.9 16.5 16.4 85.9 General Science, Space, and Technology (250): BA ...... 19.3 20.3 20.4 20.6 20.8 21 103.1 O ...... 18.4 19.4 20 20 20.2 20.5 100.1 Energy (270): BA ...... 1.1 1.3 0.2 0.9 0.8 0.8 4 O ...... ¥0.6 0 ¥0.9 ¥0.4 ¥0.5 ¥0.5 ¥2.3 Natural Resources and Environment (300): BA ...... 24.5 25.1 25.2 25.2 25.3 25.3 126.1 O ...... 24.2 25 25.2 25.3 25.2 25.1 125.8 Agriculture (350): BA ...... 35.3 20.8 18.5 17.6 17 15.8 89.7 O ...... 33.9 18.7 16.8 16 15.5 14.2 81.2 Commerce and Housing Credit (370): BA ...... 8.6 6.8 9 10.2 13.5 13.4 52.9 O ...... 4.1 2.8 5.2 5.5 8.5 9.5 31.5 On-budget: BA ...... 7.6 6.2 8.7 9.4 13.5 13.4 51.2 O ...... 3.1 2.2 4.9 4.7 8.5 9.5 29.8 Off-budget: BA ...... 1 0.6 0.3 0.8 0 0 1.7 O ...... 1 0.6 0.3 0.8 0 0 1.7 Transportation (400): H2220 CONGRESSIONAL RECORD — HOUSE April 12, 2000 CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION TOTAL SPENDING AND REVENUES—Continued [In billions of dollars]

2001– 2000 2001 2002 2003 2004 2005 2005

BA ...... 54.4 59.3 57.4 58.9 59 59 293.6 O ...... 46.7 50.5 53 55.2 55.6 55.7 270 Community and Regional Development (450): BA ...... 11.3 9.3 8.6 8.6 8.5 8.6 43.6 O ...... 10.7 10.7 9.7 8.6 8.1 7.6 44.7 Education, Training, Employment and Social Services (500): BA ...... 57.7 72.6 74.7 75.7 76.7 78.3 378 O ...... 61.9 68.7 72.2 74.2 74.9 75.9 365.9 Health (550): BA ...... 159.2 169.6 179.3 191.2 205.4 221.6 967.1 O ...... 153.5 165.9 177.8 190.4 204.9 220.3 959.3 Medicare (570): BA ...... 199.6 217.7 226.6 247.8 266.3 292.7 1251.1 O ...... 199.5 218 226.6 247.5 266.5 292.7 1251.3 Income Security (600): BA ...... 238.9 252.3 264.2 273.7 283.5 296.1 1369.8 O ...... 248.1 255 266 276.1 286 298.8 1381.9 Social Security (650): BA ...... 408.8 427.1 446.7 466.9 488.6 512 2341.3 O ...... 408.9 427 446.7 466.9 488.5 512 2341.1 On-budget: BA ...... 11.5 9.7 11.6 12.3 13 13.8 60.4 O ...... 11.5 9.7 11.6 12.3 13 13.8 60.4 Off-budget: BA ...... 397.3 417.4 435.1 454.6 475.6 498.2 2280.9 O ...... 397.4 417.3 435.1 454.6 475.5 498.2 2280.7 Veterans Benefits and Services (700): BA ...... 46 47.8 49 50.8 52.1 55.4 255.1 O ...... 45.1 47.4 48.9 50.5 51.8 55.1 253.7 Administration of Justice (750): BA ...... 27.4 28 28.1 28.5 29 29.5 143.1 O ...... 28 28.1 28.4 28.5 28.7 29.2 142.9 General Government (800): BA ...... 13.7 14 13.6 13.6 13.6 13.6 68.4 O ...... 14.7 14.3 13.9 13.8 13.8 13.6 69.4 Net Interest (900): BA ...... 224.6 219.4 211.2 197 182.3 166.7 976.6 O ...... 224.6 219.4 211.2 197 182.3 166.7 976.6 On-budget: BA ...... 284.6 288.6 290.6 286.9 282.8 278.4 1427.3 O ...... 284.6 288.6 290.6 286.9 282.8 278.4 1427.3 Off-budget: BA ...... ¥60 ¥69.2 ¥79.4 ¥89.9 ¥100.5 ¥111.7 ¥450.7 O ...... ¥60 ¥69.2 ¥79.4 ¥89.9 ¥100.5 ¥111.7 ¥450.7 Allowances (920): BA ...... 0 ¥5.5 ¥1.7 ¥2 ¥2.7 ¥3.3 ¥15.2 O ...... 0 ¥4.6 ¥2.1 ¥4.2 ¥5.9 ¥6.2 ¥23 Undistributed Offsetting Receipts (950): BA ...... ¥42 ¥46.6 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.3 O ...... ¥42 ¥46.6 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.3 On-budget: BA ...... ¥34.3 ¥38.3 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.6 O ...... ¥34.3 ¥38.3 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.6 Off-budget: BA ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 O ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 Note.—Figures assume discretionary levels that will apply once new spending limits are enacted.

CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION DISCRETIONARY SPENDING [In billions of dollars]

2001– 2000 2001 2002 2003 2004 2005 2005

SUMMARY Total Discretionary Spending: BA ...... 574.8 600.2 608.6 619.1 629 640.2 3097.1 O ...... 611.8 625.2 640.8 650.5 658.4 670.3 3245.2 Defense: BA ...... 292.6 310.8 310.1 316.4 324.1 332.4 1593.8 O ...... 289.1 297.7 304.1 310.6 318.6 328.9 1559.9 Nondefense: BA ...... 282.2 289.4 298.5 302.7 304.9 307.8 1503.3 O ...... 322.7 327.5 336.7 339.9 339.8 341.4 1685.3 BY FUNCTION National Defense (050): BA ...... 292.6 310.8 310.1 316.4 324.1 332.4 1593.8 O ...... 289.1 297.7 304.1 310.6 318.6 328.9 1559.9 International Affairs (150): BA ...... 24.2 20 20.1 20.1 20.1 20.4 100.7 O ...... 20.6 22.3 21.6 20.6 20 19.7 104.2 General Science, Space, and Technology (250): BA ...... 19.2 20.2 20.4 20.6 20.8 21 103 O ...... 18.4 19.4 19.9 20 20.2 20.4 99.9 Energy (270): BA ...... 2.6 3 2.1 2.7 2.6 2.7 13.1 O ...... 3 3 2.2 2.8 2.7 2.7 13.4 Natural Resources and Environment (300): BA ...... 24.2 24.2 24.2 24.3 24.3 24.4 121.4 O ...... 23.8 24.1 24.3 24.4 24.3 24.2 121.3 Agriculture (350): BA ...... 4.5 4.5 4.5 4.6 4.6 4.6 22.8 O ...... 4.6 4.5 4.4 4.5 4.5 4.5 22.4 Commerce and Housing and Credit (370): BA ...... 7 2.6 3.1 3.1 3 3 14.8 O ...... 7.33332.92.914.8 On-budget: BA ...... 7 2.6 3.1 3.1 3 3 14.8 O ...... 7.33332.92.914.8 Off-budget: BA ...... 0 0 0 0 0 0 0 O ...... 0000000 Transportation (400): BA ...... 14.5 15.8 16.4 17 17 17 83.2 O ...... 44.4 48.5 51.3 53.2 53.7 54 260.7 Community and Regional Development (450): BA ...... 11.5 9.2 8.7 8.6 8.6 8.6 43.7 April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2221 CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION DISCRETIONARY SPENDING—Continued [In billions of dollars]

2001– 2000 2001 2002 2003 2004 2005 2005

O ...... 11.5 11.4 10.5 9.6 9.1 8.7 49.3 Education, Training, Employment and Social Services (500): BA ...... 44.5 56.8 58.4 59.1 60 60.8 295.1 O ...... 49.6 52.3 55.9 57.9 58.6 59 283.7 Health (550): BA ...... 33.6 34.8 35.2 35.7 36.3 36.9 178.9 O ...... 30.1 32.8 33.8 34.6 35.2 35.7 172.1 Medicare (570): BA ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.5 O ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.5 Income Security (600): BA ...... 30.4 35.3 38.2 38.8 39.2 39.6 191.1 O ...... 42.5 42.1 42.7 43.6 43.8 44.1 216.3 Social Security (650): BA ...... 3.2 3.4 3.4 3.5 3.6 3.6 17.5 O ...... 3.2 3.3 3.4 3.4 3.5 3.6 17.2 On-budget: BA ...... 0 0 0 0 0 0 0 O ...... 0000000 Off-budget: BA ...... 3.2 3.4 3.4 3.5 3.6 3.6 17.5 O ...... 3.2 3.3 3.4 3.4 3.5 3.6 17.2 Veterans Benefits and Services (700): BA ...... 20.9 22.1 22.5 23.2 23.6 24.1 115.5 O ...... 20.4 21.9 22.5 23 23.4 23.9 114.7 Administration of Justice (750): BA ...... 26.6 26.9 27.5 27.9 28.4 28.9 139.6 O ...... 27.2 27.2 27.5 27.8 28.2 28.7 139.4 General Government (800): BA ...... 12.4 12.8 12.4 12.4 12.4 12.4 62.4 O ...... 13.2 13 12.7 12.6 12.5 12.4 63.2 Allowances (920): BA ...... 0 ¥5.5 ¥1.7 ¥2 ¥2.7 ¥3.3 ¥15.2 O ...... 0 ¥4.6 ¥2.1 ¥4.2 ¥5.9 ¥6.2 ¥23 Undistributed Offsetting Receipts (950): BA ...... ¥0.20.200000.2 O ...... ¥0.20.200000.2 On-budget: BA ...... ¥0.20.200000.2 O ...... ¥0.20.200000.2 Off-budget: BA ...... 0 0 0 0 0 0 0 O ...... 0000000 Note.—Figures assume discretionary levels that will apply once new spending limits are enacted.

HOUSE-PASSED BUDGET RESOLUTION TOTAL SPENDING AND REVENUES [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

SUMMARY Total Spending: BA ...... 1,801.8 1,856.6 1,897.2 1,952.4 2,011.1 2,081.2 9,798.5 O ...... 1,784 1,823.2 1,876.3 1,930.3 1,988.2 2,058.2 9,676.2 On-Budget: BA ...... 1,478.3 1,524.1 1,557.8 1,603.9 1,653.4 1,712.2 8,051.4 O ...... 1,460.5 1,490.7 1,536.9 1,581.8 1,630.5 1,689.2 7,929.1 Off-Budget: BA ...... 323.5 332.5 339.4 348.5 357.7 369 1,747.1 O ...... 323.5 332.5 339.4 348.5 357.7 369 1,747.1 Revenues: Total ...... 1,945.1 2,006.3 2,074.3 2,145.7 2,220.5 2,316.4 10,763.2 On-Budget ...... 1,465.5 1,504.8 1,549.4 1,598.5 1,650.6 1,719.1 8,022.4 Off-Budget ...... 479.6 501.5 524.9 547.2 569.9 597.3 2,740.8 Surplus/Deficit (-): Total ...... 161.1 183.1 198 215.4 232.3 258.2 1,087 On-Budget ...... 5 14.1 12.5 16.7 20.1 29.9 93.3 Off-Budget ...... 156.1 169 185.5 198.7 212.2 228.3 993.7 Debt Held by the Public (end of year) ...... 3,470.3 3,300 3,107.7 2,903.9 2,682.5 2,433.9 NA Debt Subject to Limit (end of year) ...... 5,640.3 5,710.6 5,787.3 5,869.9 5,944.3 6,007.8 NA BY FUNCTION National Defense (050): BA ...... 288.9 306.3 309.3 315.6 323.4 331.7 1,586.3 O ...... 282.5 297.6 302 309.4 317.6 328.1 1,554.7 International Affairs (150): BA ...... 20.1 19.5 19.3 18.8 18.3 18.5 94.4 O ...... 15.5 17.3 17.2 16.1 15.2 14.8 80.6 General Science, Space, and Technology (250): BA ...... 19.3 20.3 20.4 20.6 20.8 21 103.1 O ...... 18.5 19.4 20 20 20.2 20.5 100.1 Energy (270): BA ...... 1.1 1.2 0.7 0.5 0.4 0.3 3.1 O ...... ¥0.6 ¥0.1 ¥0.4 ¥0.7 ¥0.9 ¥0.9 ¥3 Natural Resources and Environment (300): BA ...... 24.3 25 25.1 25.2 25.3 25.4 126 O ...... 24.2 24.8 25.1 25.2 25.2 25.1 125.4 Agriculture (350): BA ...... 35.7 19.1 18.5 17.6 17 15.8 88 O ...... 34.3 16.9 16.7 15.9 15.5 14.2 79.2 Commerce and Housing Credit (370): BA ...... 8.5 6.9 9 10.3 13.6 13.5 53.3 O ...... 4.1 2.9 5.3 5.5 8.7 9.6 32 On-budget: BA ...... 7.5 6.3 8.7 9.5 13.6 13.5 51.6 O ...... 3.1 2.3 5 4.7 8.7 9.6 30.3 Off-budget: BA ...... 1 0.6 0.3 0.8 0 0 1.7 O ...... 1 0.6 0.3 0.8 0 0 1.7 Transportation (400): BA ...... 54.3 59.2 57.4 58.8 58.8 58.8 293 O ...... 46.6 50.3 52.5 54.8 55.1 55.1 267.8 Community and Regional Development (450): BA ...... 11.2 9.1 8.5 8.4 8.4 8.5 42.9 O ...... 10.8 11.1 9.7 8.8 8.3 7.8 45.7 Education, Training, Employment and Social Services (500): BA ...... 57.7 72.6 74 75 76.1 77.8 375.5 O ...... 61.4 69.2 72.1 73.2 73.5 74.2 362.2 H2222 CONGRESSIONAL RECORD — HOUSE April 12, 2000 HOUSE-PASSED BUDGET RESOLUTION TOTAL SPENDING AND REVENUES—Continued [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

Health (550): BA ...... 159.3 169.7 179.6 191.5 205.6 221.7 968.1 O ...... 152.3 167.1 177.9 190.6 205 220.3 960.9 Medicare (570): BA ...... 199.6 215.7 221.6 239.7 255.3 278.7 1,211 O ...... 199.5 216 221.6 239.5 255.5 278.7 1,211.3 Income Security (600): BA ...... 238.4 252.2 263 272.1 281.7 294 1,363 O ...... 248 254.9 264.3 273.4 283.2 295.9 1,371.7 Social Security (650): BA ...... 405 422.8 443 463.7 486.1 510.1 2,325.7 O ...... 405 422.7 443 463.6 486 510.1 2,325.4 On-budget: BA ...... 14.7 13.1 14.9 15.7 16.6 17.4 77.7 O ...... 14.7 13 14.9 15.6 16.5 17.4 77.4 Off-budget: BA ...... 390.3 409.7 428.1 448 469.5 492.7 2,248 O ...... 390.3 409.7 428.1 448 469.5 492.7 2,248 Veterans Benefits and Services (700): BA ...... 46 47.8 49 50.8 52 55.3 254.9 O ...... 45.2 47.4 48.9 50.6 51.7 54.9 253.5 Administration of Justice (750): BA ...... 27.3 28 27.8 27.9 28.2 28.4 140.3 O ...... 28 28 28 27.9 27.9 28.1 139.9 General Government (800): BA ...... 13.9 13.6 13.6 13.5 13.5 13.6 67.8 O ...... 14.7 14.2 13.9 13.7 13.7 13.5 69 Net Interest (900): BA ...... 224.6 219 209.9 194.9 179.3 162.5 965.6 O ...... 224.6 219 209.9 194.9 179.3 162.5 965.6 On-budget: BA ...... 284.6 288.5 290 285.7 280.9 275.4 1,420.5 O ...... 284.6 288.5 290 285.7 280.9 275.4 1,420.5 Off-budget: BA ...... ¥60 ¥69.5 ¥80.1 ¥90.8 ¥101.6 ¥112.9 ¥454.9 O ...... ¥60 ¥69.5 ¥80.1 ¥90.8 ¥101.6 ¥112.9 ¥454.9 Allowances (920): BA ...... 8.5 ¥4.7 ¥2.1 ¥2.6 ¥4.3 ¥4.4 ¥18.1 O ...... 11.5 ¥8.7 ¥1 ¥2.2 ¥4 ¥4.3 ¥20.2 Undistributed Offsetting Receipts (950): BA ...... ¥41.8 ¥46.7 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.4 O ...... ¥41.8 ¥46.7 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.4 On-budget: BA ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 O ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 Off-budget: BA ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 O ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7

HOUSE PASSED BUDGET RESOLUTION DISCRETIONARY SPENDING [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

SUMMARY Total Discretionary Spending: BA ...... 578.2 596.5 607.3 615.6 623.6 634.4 3077.4 O ...... 615.2 622.1 639.2 648 654.3 665.5 3229.1 Defense: BA ...... 289.9 307.3 310.2 316.5 324.2 332.5 1,590.7 O ...... 283.5 298.6 302.9 310.3 318.4 328.9 1,559.1 Nondefense: BA ...... 288.3 289.2 297.1 299.1 299.4 301.9 1486.7 O ...... 331.7 323.5 336.3 337.7 335.9 336.6 1670 BY FUNCTION National Defense (050): BA ...... 289.9 307.3 310.2 316.5 324.2 332.5 1590.7 O ...... 283.5 298.6 302.9 310.3 318.4 328.9 1559.1 International Affairs (150): BA ...... 22.3 19.7 19.3 18.8 18.3 18.3 94.4 O ...... 20.1 21.3 21 19.8 18.7 18.2 99 General Science, Space, and Technology (250): BA ...... 19.2 20.2 20.4 20.6 20.8 21 103 O ...... 18.4 19.4 19.9 20 20.2 20.4 99.8 Energy (270): BA ...... 2.6 2.8 2.6 2.4 2.2 2.2 12.2 O ...... 3 2.8 2.7 2.5 2.3 2.3 12.6 Natural Resources and Environment (300): BA ...... 24 24.3 24.4 24.5 24.6 24.7 122.5 O ...... 23.7 24.1 24.4 24.5 24.5 24.5 122 Agriculture (350): BA ...... 4.5 4.5 4.5 4.5 4.5 4.5 22.5 O ...... 4.5 4.4 4.4 4.4 4.4 4.4 22 Commerce and Housing Credit (370): BA ...... 6.9 2.7 3.1 3.1 3.1 3 15 O ...... 7.3 3.2 3 3 3.1 3 15.3 On-budget: BA ...... 6.9 2.7 3.1 3.1 3.1 3 15 O ...... 7.3 3.2 3 3 3.1 3 15.3 Off-budget BA ...... 0000000 O ...... 0000000 Transportation (400): BA ...... 14.4 15.7 16.3 16.8 16.8 16.8 82.4 O ...... 44.3 48.2 50.8 52.9 53.2 53.3 258.4 Community and Regional Development (450): BA ...... 11.4 9.1 8.5 8.5 8.5 8.5 43.1 O ...... 11.5 11.7 10.3 9.5 9 8.5 49 Education, Training, Employment and Social Services (500): BA ...... 44.5 56.8 57.7 58.7 59.7 60.7 293.6 O ...... 49.1 52.9 55.8 57.2 57.5 57.7 281.1 Health (550): BA ...... 33.7 34.9 35.5 36 36.5 37 179.9 O ...... 28.9 33.9 33.8 34.7 35.2 35.7 173.3 Medicare (570): BA ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.5 O ...... 3.1 3.1 3.1 3.1 3.1 3.1 15.5 April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2223 HOUSE PASSED BUDGET RESOLUTION DISCRETIONARY SPENDING—Continued [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

Income Security (600): BA ...... 29.9 35.2 38.3 38.5 38.6 38.8 189.4 O ...... 42.4 41.9 42.2 42.2 42.3 42.5 211.1 Social Security (650): BA ...... 3.2 3.4 3.4 3.5 3.6 3.6 17.5 O ...... 3.2 3.3 3.4 3.4 3.5 3.6 17.2 On-budget: BA ...... 3.2 3.4 3.4 3.5 3.6 3.6 17.5 O ...... 3.2 3.3 3.4 3.4 3.5 3.6 17.2 Off-budget: BA ...... 0000000 O ...... 0000000 Veterans Benefits and Services (700): BA ...... 20.9 22.2 22.6 23 23.4 23.8 115 O ...... 20.4 22 22.6 22.9 23.2 23.6 114.3 Administration of Justice (750): BA ...... 26.6 26.9 27.1 27.3 27.6 27.9 136.8 O ...... 27.2 27.1 27.2 27.2 27.4 27.7 136.6 General Government (800): BA ...... 12.6 12.4 12.4 12.4 12.4 12.4 62 O ...... 13.1 13 12.7 12.6 12.4 12.4 63.1 Allowances (920) 1: BA ...... 8.5 ¥4.7 ¥2.1 ¥2.6 ¥4.3 ¥4.4 ¥18.1 O ...... 11.5 ¥8.7 ¥1 ¥2.2 ¥4 ¥4.3 ¥20.3 1 Includes the Administration’s supplemental request.

CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION MANDATORY SPENDING [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

SUMMARY Total Mandatory Spending: BA ...... 1,227.1 1,269 1,301.6 1,351.4 1,406.1 1,468.5 6,796.6 O ...... 1,172.5 1,210 1,248.7 1,296.7 1,352 1,414.1 6,521.5 On-budget: BA ...... 899.6 931.9 957.9 998.9 1,044.6 1,096.5 5,029.8 O ...... 845 872.9 905 944.2 990.5 1,042.1 4,754.7 Off-budget: BA ...... 327.5 337.1 343.7 352.5 361.5 372 1,766.8 O ...... 327.5 337.1 343.7 352.5 361.5 372 1,766.8 BY FUNCTION National Defense (050): BA ...... ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.7 ¥0.7 ¥4 O ...... ¥1 ¥0.9 ¥0.9 ¥0.8 ¥0.7 ¥0.7 ¥4 International Affairs (150): BA ...... ¥2.2 ¥0.20000.20 O ...... ¥4.6 ¥4 ¥3.8 ¥3.7 ¥3.5 ¥3.4 ¥18.4 General Science, Space, and Technology (250): BA ...... 0.10.100000.1 O ...... 0.10.10.10000.2 Energy (270): BA ...... ¥1.5 ¥1.6 ¥1.9 ¥1.9 ¥1.8 ¥1.9 ¥9.1 O ...... ¥3.6 ¥2.9 ¥3.1 ¥3.2 ¥3.2 ¥3.2 ¥15.6 Natural Resources and Environment (300): BA ...... 0.3 0.9 0.9 0.9 1 1 4.7 O ...... 0.5 0.9 0.9 1 0.9 0.9 4.6 Agriculture (350): BA ...... 30.7 16.3 14 13.1 12.4 11.2 67 O ...... 29.3 14.2 12.4 11.5 11 9.7 58.8 Commerce and Housing Credit (370): BA ...... 1.6 4.2 5.9 7.2 10.5 10.5 38.3 O ...... ¥3.2 ¥0.3 2.3 2.5 5.6 6.6 16.7 On-budget: BA ...... 0.6 3.6 5.6 6.4 10.5 10.5 36.6 O ...... ¥4.2 ¥0.9 2 1.7 5.6 6.6 15 Off-budget: BA ...... 1 0.6 0.3 0.8 0 0 1.7 O ...... 1 0.6 0.3 0.8 0 0 1.7 Transportation (400): BA ...... 39.9 43.5 41.1 42 42 42 210.6 O ...... 2.3 2.1 1.7 1.9 1.9 1.8 9.4 Community and Regional Development (450): BA ...... ¥0.200¥0.1 ¥0.1 0 ¥0.2 O ...... ¥0.7 ¥0.7 ¥0.8 ¥1 ¥1 ¥1.1 ¥4.6 Education, Training, Employment and Social Services (500): BA ...... 13.2 15.8 16.3 16.5 16.7 17.4 82.7 O ...... 12.3 16.4 16.4 16.2 16.4 16.9 82.3 Health (550): BA ...... 125.6 134.8 144.1 155.5 169.1 184.7 788.2 O ...... 123.4 133.2 144 155.9 169.7 184.6 787.4 Medicare (570): BA ...... 196.5 214.6 223.5 244.6 263.2 289.6 1235.5 O ...... 196.4 214.9 223.5 244.4 263.4 289.6 1235.8 Income Security (600): BA ...... 208.5 217 226 234.9 244.4 256.5 1178.8 O ...... 205.6 213 223.4 232.5 242.2 254.7 1,165.8 Social Security (650): BA ...... 405.7 423.7 443.2 463.3 485.1 508.4 2,323.7 O ...... 405.7 423.7 443.2 463.3 485.1 508.4 2,323.7 On-budget: BA ...... 11.5 9.7 11.5 12.2 13 13.8 60.2 O ...... 11.5 9.7 11.5 12.2 13 13.8 60.2 Off-budget BA ...... 394.2 414 431.7 451.1 472.1 494.6 2,263.5 O ...... 394.2 414 431.7 451.1 472.1 494.6 2,263.5 Veterans Benefits and Services (700): BA ...... 25.1 25.8 26.5 27.7 28.5 31.3 139.8 O ...... 24.8 25.5 26.4 27.6 28.3 31.2 139 Administration of Justice (750): BA ...... 0.7 1.1 0.7 0.6 0.6 0.5 3.5 O ...... 0.8 0.9 0.8 0.7 0.5 0.4 3.3 General Government (800): BA ...... 1.3 1.2 1.2 1.1 1.1 1.2 5.8 O ...... 1.6 1.2 1.2 1.1 1.3 1.1 5.9 Net Interest (900): BA ...... 224.6 219.4 211.2 197 182.3 166.7 976.6 H2224 CONGRESSIONAL RECORD — HOUSE April 12, 2000 CONFERENCE REPORT FISCAL YEAR 2001 BUDGET RESOLUTION MANDATORY SPENDING—Continued [In billions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

O ...... 224.6 219.4 211.2 197 182.3 166.7 976.6 On-budget: BA ...... 284.6 288.6 290.6 286.9 282.8 278.4 1,427.3 O ...... 284.6 288.6 290.6 286.9 282.8 278.4 1,427.3 Off-budget: BA ...... ¥60 ¥69.2 ¥79.4 ¥89.9 ¥100.5 ¥111.7 ¥450.7 O ...... ¥60 ¥69.2 ¥79.4 ¥89.9 ¥100.5 ¥111.7 ¥450.7 Allowances (920): BA ...... 0000000 O ...... 0000000 Undistributed Offsetting: BA ...... ¥41.8 ¥46.7 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.4 Receipts (950): O ...... ¥41.8 ¥46.7 ¥50.2 ¥50.2 ¥48.2 ¥50.1 ¥245.4 On-budget: BA ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 O ...... ¥34.1 ¥38.4 ¥41.3 ¥40.7 ¥38.1 ¥39.2 ¥197.7 Off-budget: BA ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 O ...... ¥7.7 ¥8.3 ¥8.9 ¥9.5 ¥10.1 ¥10.9 ¥47.7 Note.—Figures assume discretionary levels that will apply once new spending limits are enacted.

BUDGET FUNCTION LEVELS Senate amendment assumption regarding en- BA and $19.2 billion in outlays. Over 5 years, Pursuant to section 301(a)(3) of the Budget listed military personnel on food stamps. it provides $99.8 billion in BA and $97.9 bil- Act, the budget resolution must set appro- FUNCTION 150: INTERNATIONAL AFFAIRS lion in outlays. Conference Agreement—The Conference priate levels for each major functional cat- Major Programs in Function—Funds distrib- Agreement revises the fiscal year 2000 levels egory based on the 302(a) allocations and the uted through the International Affairs func- to $19.3 billion in BA and $18.4 billion in out- budgetary totals. tion provide for international development lays. For fiscal year 2001, it sets forth $20.3 The respective levels of the House resolu- and humanitarian assistance; international billion in BA and $19.4 billion in outlays. tion, the Senate amendment, and the con- security assistance; the conduct of foreign Over 5 years, it provides $103.1 billion in BA ference report for each major budget func- affairs; foreign information and exchange ac- and $100.1 billion in outlays. tion are as follows: tivities; and international financial pro- FUNCTION 050: NATIONAL DEFENSE grams. The major departments and agencies FUNCTION 270: ENERGY Major Programs in Function—The National in this function include the Department of Major Programs in Function—The Energy Defense function includes funds to develop, State, the Department of the Treasury, and function reflects the civilian activities in maintain, and equip the military forces of the Agency for International Development. the Department of Energy. Through this the United States. Roughly 95 percent of the House Resolution—The House resolution re- function, spending is provided for energy funding in this function goes to Department vises the fiscal year 2000 levels to $20.1 bil- supply and fossil energy R&D programs; of Defense—Military activities, including lion in budget authority [BA] and $15.5 bil- rural electricity and telecommunications funds for ballistic missile defense. That com- lion in outlays. For fiscal year 2001, it sets loans administered through the Department ponent also includes pay and benefits for forth $19.5 billion in BA and $17.3 billion in of Agriculture; and electric power generation military and civilian personnel; research, de- outlays. Over 5 years, it provides $94.4 billion and transmission programs for the three velopment, testing, and evaluation; procure- in BA and $80.6 billion in outlays. Power Marketing Administrations. The func- ment of weapons systems; military construc- Senate Amendment—The Senate amendment tion also includes the Strategic Petroleum tion and family housing; and operations and revises the fiscal year 2000 levels to $22.0 bil- Reserve; energy conservation programs, in- maintenance of the defense establishment. lion in BA and $16.0 billion in outlays. For cluding the Partnership for the Next Genera- The remaining funding in the function goes fiscal year 2001, it sets forth $20.1 billion in tion of Vehicles; Clean Coal Technology; Nu- toward atomic energy defense activities of BA and $18.6 billion in outlays. Over 5 years, clear Waste Disposal; and the operations of the Department of Energy, and other de- it provides $107.0 billion in BA and $89.8 bil- the Federal Energy Regulatory Commission fense-related activities. lion in outlays. and the Nuclear Regulatory Commission. House Resolution—The House resolution re- Conference Agreement—The Conference House Resolution—The House resolution re- vises the fiscal year 2000 levels to $288.9 bil- Agreement revises the fiscal year 2000 levels vises the fiscal year 2000 levels to $1.1 billion ¥ lion in budget authority [BA] and $282.5 bil- to $22.0 billion in BA and $16.0 billion in out- in budget authority [BA] and $0.6 billion in lion in outlays. For fiscal year 2001, it sets lays. For fiscal year 2001, it sets forth $19.8 outlays. For fiscal year 2001, the resolution ¥ forth $306.3 billion in BA and $297.6 billion in billion in BA and $18.3 billion in outlays. sets forth $1.2 billion in BA and $0.1 billion outlays. Over 5 years, it provides $1,586.3 bil- Over 5 years, it provides $100.7 billion in BA in outlays. Over 5 years, it provides $3.1 bil- ¥ lion in BA and $1,554.7 billion in outlays. and $85.9 billion in outlays. lion in BA and $3.0 billion in outlays. Senate Amendment—The Senate amendment FUNCTION 250: GENERAL SCIENCE, SPACE, AND Senate Amendment—The Senate amendment revises the fiscal year 2000 levels to $291.6 bil- TECHNOLOGY revises the fiscal year 2000 levels to $1.1 bil- ¥ lion in BA and $288.1 billion in outlays. For Major Programs in Function—The General lion in BA and $0.6 billion in outlays. For fiscal year 2001, it sets forth $309.8 billion in Science, Space, and Technology function fiscal year 2001, it sets forth $1.5 billion in BA and $296.7 billion in outlays. Over 5 years, consists of funds in two major categories: BA and $0.2 billion in outlays. Over 5 years, ¥ it provides $1,589.2 billion in BA and $1,555.1 general science and basic research, and space it provides $4.9 billion in BA and $1.4 bil- billion in outlays. These amounts reflect $4.0 flight, research, and supporting activities. lion in outlays. Conference Agreement—The Conference billion in additional resources added to 2001 The general science component includes the Agreement revises the fiscal year 2000 levels during the Senate’s consideration of S. Con. budgets for the National Science Foundation to $1.1 billion in BA and ¥$0.6 billion in out- Res. 101. This addition assumes that no such [NSF], and the fundamental science pro- lays. For fiscal year 2001, it sets forth $1.3 amount is added to 2000. The total amount grams of the Department of Energy [DOE]. billion in BA and $0 in outlays. Over 5 years, also includes $10 million in BA and outlays But the largest component of the function— it provides $4.0 billion in BA and ¥$2.3 bil- in 2001 and $27.5 million in BA and outlays about two-thirds of its total—is for space lion in outlays. over 2000–2005. This latter amount was adopt- flight, research, and supporting activities of ed by a vote of 99–0 and was explicitly as- the National Aeronautics and Space Admin- FUNCTION 300: NATURAL RESOURCES AND sumed to supplement the compensation of istration [NASA] (except for NASA’s air ENVIRONMENT enlisted personnel in the military who cur- transportation programs, which are included Major Programs in Function—Funds distrib- rently receive food stamps. in Function 400). uted through the Natural Resources and En- Conference Agreement—The Conference House Resolution—The House resolution re- vironment function are intended to develop, Agreement revises the fiscal year 2000 levels vises the fiscal year 2000 levels to $19.3 bil- manage, and maintain the Nation’s natural to $291.6 billion in BA and $288.1 billion in lion in budget authority [BA] and $18.5 bil- resources, and to promote a clean environ- outlays. For fiscal year 2001, it sets forth lion in outlays. For fiscal year 2001, it sets ment. Funding is provided for water re- $309.9 billion in BA and $296.7 billion in out- forth $20.3 billion in BA and $19.4 billion in sources, conservation and land management, lays. Over 5 years, it provides $1,589.8 billion outlays. Over 5 years, it provides $103.1 bil- recreational resources, pollution control and in BA and $1,555.9 billion in outlays. lion in BA and $100.1 billion in outlays. abatement, and other natural resources. The Conference Agreement adopts the as- Senate Amendment—The Senate amendment Major departments and agencies in this func- sumptions of the Senate amendment with re- revises the fiscal year 2000 levels to $19.3 bil- tion are the Department of the Interior, in- spect to the addition of $4.0 billion in BA and lion in BA and $18.4 billion in outlays. For cluding the National Park Service, the Bu- commensurate outlays. It also adopts the fiscal year 2001, it sets forth $19.7 billion in reau of Land Management, the Bureau of April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2225 Reclamation, and the Fish and Wildlife Serv- $51.6 billion in BA and $30.3 billion in out- to $11.3 billion in BA and $10.7 billion in out- ice; certain agencies in the Department of lays. lays. For fiscal year 2001, it sets forth $9.3 Agriculture, including principally the Forest Senate Amendment—The Senate amendment billion in BA and $10.7 billion in outlays. Service; the National Oceanic and Atmos- revises the fiscal year 2000 on-budget levels Over 5 years, it provides $43.6 billion in BA pheric Administration, in the Department of to $7.6 billion in BA and $3.1 billion in out- and $44.7 billion in outlays. Commerce; the Army Corps of Engineers; lays. For fiscal year 2001, it sets forth on- FUNCTION 500: EDUCATION, TRAINING, and the Environmental Protection Agency. budget levels of $6.1 billion in BA and $2.0 EMPLOYMENT, AND SOCIAL SERVICES House Resolution—The House resolution re- billion in outlays. Over 5 years, it provides Major Programs in Function.—Forty-five vises the fiscal year 2000 levels to $24.3 bil- on-budget amounts of $50.9 billion in BA and percent of the funding in the Education, $29.2 billion in outlays. lion in budget authority [BA] and $24.2 bil- Training, Employment, and Social Services Conference Agreement—The Conference lion in outlays. For fiscal year 2001, it sets function is for Federal programs in elemen- Agreement revises the fiscal year 2000 on- forth $25.0 billion in BA and $24.8 billion in tary, secondary, and vocational education. outlays. Over 5 years, it provides $126.0 bil- budget levels to $7.6 billion in BA and $3.1 billion in outlays. For fiscal year 2001, it sets Also shown here are funds for higher edu- lion in BA and $125.4 billion in outlays. cation programs, accounting for about 23 Senate Amendment—The Senate amendment forth on-budget levels of $6.2 billion in BA and $2.2 billion in outlays. Over 5 years, it percent of the function’s spending; research revises the fiscal year 2000 levels to $24.5 bil- and general education aids, including the Na- lion in BA and $24.2 billion in outlays. For provides on-budget amounts of $51.2 billion in BA and $29.8 billion in outlays. tional Endowment for the Arts and the Na- fiscal year 2001, it sets forth $24.9 billion in tional Endowment for the Humanities; train- FUNCTION 400: TRANSPORTATION BA and outlays. Over 5 years, it provides ing and employment services; other labor $125.1 billion in BA and outlays. Major Programs in Function—This function services; and grants to States for general so- Conference Agreement—The Conference supports all major Federal transportation cial services and rehabilitation services, Agreement revises the fiscal year 2000 levels programs. About two-thirds of the funding such as the Social Services Block Grant and to $24.5 billion in BA and $24.2 billion in out- provided here is for ground transportation vocational rehabilitation. lays. For fiscal year 2001, it sets forth $25.1 programs. This includes the Federal-aid House Resolution.—The House resolution re- billion in BA and $25.0 billion in outlays. highway program, mass transit operating vises the fiscal year 2000 levels to $57.7 bil- Over 5 years, it provides $126.1 billion in BA and capital assistance, motor carrier safety, lion in budget authority [BA] and $61.4 bil- and $125.8 billion in outlays. rail transportation through the National lion in outlays. For fiscal year 2001, it sets FUNCTION 350: AGRICULTURE Railroad Passenger Corporation [Amtrak], forth $72.6 billion in BA and $69.2 billion in Major Programs in Function—The Agri- and high-speed rail and rail safety programs. outlays. Over 5 years, it provides $375.5 bil- culture function includes funds for direct as- Additional components of this function are lion in BA and $362.2 billion in outlays. sistance and loans to food and fiber pro- air transportation, including the Federal Senate Amendment.—The Senate amend- ducers, crop insurance, export assistance, Aviation Administration airport improve- ment revises the fiscal year 2000 levels to market information and inspection services, ment program, the facilities and equipment $57.7 billion in BA and $61.9 billion in out- and agricultural research and services. program, and operations and research; water lays. For fiscal year 2001, it sets forth $75.6 House Resolution—The House resolution re- transportation through the Coast Guard and billion in BA and $68.8 billion in outlays. vises the fiscal year 2000 levels to $35.7 bil- the Maritime Administration; and other Over 5 years, it provides $387.5 billion in BA lion in budget authority [BA] and $34.3 bil- transportation support activities. Funds for and $374.1 billion in outlays. lion in outlays. For fiscal year 2001, the reso- air transportation programs under the aus- Conference Agreement.—The Conference lution sets forth $19.1 billion in BA and $16.9 pices of NASA are distributed through this Agreement revises the fiscal year 2000 levels billion in outlays. Over 5 years, it provides function as well. to $57.7 billion in BA and $61.9 billion in out- House Resolution—The House resolution re- $88.0 billion in BA and $79.2 billion in out- lays. For fiscal year 2001, it sets forth $72.6 vises the fiscal year 2000 levels to $54.3 bil- lays. billion in BA and $68.7 billion in outlays. lion in budget authority [BA] and $46.6 bil- Senate Amendment—The Senate amendment Over 5 years, it provides $378.0 billion in BA lion in outlays. For fiscal year 2001, it sets revises the fiscal year 2000 levels to $35.3 bil- and $365.9 billion in outlays. forth $59.2 billion in BA and $50.3 billion in lion in BA and $33.9 billion in outlays. For outlays. Over 5 years, it provides $293.0 bil- FUNCTION 550: HEALTH fiscal year 2001, it sets forth $20.9 billion in lion in BA and $267.8 billion in outlays. Major Programs in Function.—The Health BA and $18.8 billion in outlays. Over 5 years, Senate Amendment—The Senate amendment function consists of health care services, in- it provides $91.3 billion in BA and $82.9 bil- revises the fiscal year 2000 levels to $54.4 bil- cluding Medicaid, the Nation’s major pro- lion in outlays. lion in BA and $46.7 billion in outlays. For gram covering medical and long-term care Conference Agreement—The Conference fiscal year 2001, it sets forth $59.5 billion in costs for low-income persons; health re- Agreement revises the fiscal year 2000 levels BA and $51.1 billion in outlays. Over 5 years, search and training; and consumer and occu- to $35.3 billion in BA and $33.9 billion in out- it provides $294.5 billion in BA and $272.7 bil- pational health and safety. Medicaid rep- lays. For fiscal year 2001, it sets forth $20.8 lion in outlays. resents about 73 percent of the spending in billion in BA and $18.7 billion in outlays. Conference Agreement—The Conference this function. Over 5 years, it provides $89.7 billion in BA Agreement revises the fiscal year 2000 levels House Resolution.—The House resolution re- and $81.2 billion in outlays. to $54.4 billion in BA and $46.7 billion in out- vises the fiscal year 2000 levels to $159.3 bil- FUNCTION 370: COMMERCE AND HOUSING CREDIT lays. For fiscal year 2001, it sets forth $59.3 lion in budget authority [BA] and $152.3 bil- Major Programs in Function—The mortgage billion in BA and $50.5 billion in outlays. lion in outlays. For fiscal year 2001, the reso- credit component of this function includes Over 5 years, it provides $293.5 billion in BA lution sets forth $169.7 billion in BA and housing assistance through the Federal and $270.0 billion in outlays. $167.1 billion in outlays. Over 5 years, it pro- Housing Administration [FHA], and rural FUNCTION 450: COMMUNITY AND REGIONAL vides $968.1 billion in BA and $960.9 billion in housing programs of the Department of Agri- DEVELOPMENT outlays. Senate Amendment.—The Senate amend- culture. The function includes spending for Major Programs in Function.—The Commu- ment revises the fiscal year 2000 levels to deposit insurance activities related to banks, nity and Regional Development function re- $159.2 billion in BA and $153.5 billion in out- thrifts, and credit unions. Also included is flects programs that provide Federal funding lays. For fiscal year 2001, it sets forth $170.8 the Commerce Department’s National Insti- for economic and community development in billion in BA and $167.4 billion in outlays. tute of Standards and Technology, including both urban and rural areas. Funding for dis- Over 5 years, it provides $967.3 billion in BA the Advanced Technology Program; the aster relief and insurance—including activi- and $960.7 billion in outlays. International Trade Administration; the Na- ties of the Federal Emergency Management tional Telecommunications and Information Conference Agreement.—The Conference Agency—also is provided in this function. Agreement revises the fiscal year 2000 levels Administration; the Bureau of the Census; House Resolution.—The House resolution re- to $159.2 billion in BA and $153.5 billion in and the Patent and Trademark Office. Also vises the fiscal year 2000 levels to $11.2 bil- outlays. For fiscal year 2001, it sets forth appearing in this function are independent lion in budget authority [BA] and $10.8 bil- $169.6 billion in BA and $165.9 billion in out- agencies such as the Securities and Ex- lion in outlays. For fiscal year 2001, the reso- lays. Over 5 years, it provides $967.0 billion in change Commission, the Commodity Futures lution sets forth $9.1 billion in BA and $11.1 BA and $959.3 billion in outlays. Trading Commission, and the Federal Com- billion in outlays. Over 5 years, it provides munications Commission. The function also $42.9 billion in BA and $45.7 billion in out- FUNCTION 570: MEDICARE includes net spending for the postal service, lays. Major Programs in Function.—This function but these totals are off budget, and therefore Senate Amendment.—The Senate amend- reflects the Medicare Part A Hospital Insur- are not reflected in the figures below. ment revises the fiscal year 2000 levels to ance [HI] Program, Part B Supplementary House Resolution—The House resolution re- $11.3 billion in BA and $10.7 billion in out- Medical Insurance [SMI] Program, and pre- vises the fiscal year 2000 on-budget levels to lays. For fiscal year 2001, it sets forth $9.3 miums paid by qualified aged and disabled $7.5 billion in budget authority [BA] and $3.1 billion in BA and $10.4 billion in outlays. beneficiaries. It includes the billion in outlays. For fiscal year 2001, the Over 5 years, it provides $44.2 billion in BA ‘‘Medicare+Choice’’ Program, which covers resolution sets forth on-budget levels of $6.3 and $45.3 billion in outlays. Part A and Part B benefits and allows bene- billion in BA and $2.3 billion in outlays. Over Conference Agreement.—The Conference ficiaries to choose certain private health in- 5 years, it provides on-budget amounts of Agreement revises the fiscal year 2000 levels surance plans. Medicare+Choice plans may H2226 CONGRESSIONAL RECORD — HOUSE April 12, 2000 include health maintenance organizations, Act, Social Security trust funds are off budg- Over 5 years, it provides $149.3 billion in BA preferred provider organizations, provider- et. However, the administrative expenses of and $149.2 billion in outlays. sponsored organizations, medical savings ac- the Social Security Administration [SSA], Conference Agreement.—The Conference counts, and private fee-for-service plans. which manages the program, and the income Agreement revises the fiscal year 2000 levels These plans may add benefits such as out- taxes collected on Social Security benefits to $27.4 billion in BA and $28.0 billion in out- patient prescription drug coverage, and may are reflected in the figures below. lays. For fiscal year 2001, it sets forth $28.0 cover premiums, copayments, and House Resolution.—The House resolution re- billion in BA and $28.1 billion in outlays. deductibles required by the traditional Medi- vises the fiscal year 2000 on-budget levels to Over 5 years, it provides $143.1 billion in BA care Program. $14.7 billion in budget authority [BA] and and $142.9 billion in outlays. House Resolution.—The House resolution re- outlays. For fiscal year 2001, the resolution FUNCTION 800: GENERAL GOVERNMENT vises the fiscal year 2000 levels to $199.6 bil- sets forth on-budget totals of $13.1 billion in Major Programs in Function.—The General lion in budget authority [BA] and $199.5 bil- BA and $13.0 billion in outlays. Over 5 years, Government function consists of the activi- lion in outlays. For fiscal year 2001, the reso- it provides on-budget amounts of $77.7 billion ties of the Legislative Branch; the Executive lution sets forth $215.7 billion in BA and in BA and $77.4 billion in outlays. Office of the President; general tax collec- $216.0 billion in outlays. Over 5 years, it pro- Senate Amendment.—The Senate amend- tion and fiscal operations of the Department vides $1,211.0 billion in BA and $1,211.3 billion ment revises the fiscal year 2000 on-budget of Treasury (including the Internal Revenue in outlays. levels to $11.5 billion in BA and outlays. For Service, which accounts for almost two- Senate Amendment.—The Senate amend- fiscal year 2001, it sets forth on-budget totals thirds of the spending in this function); the ment revises the fiscal year 2000 levels to of $9.7 billion in BA and outlays. Over 5 property and personnel costs of the General $199.6 billion in BA and $199.5 billion in out- years, it provides on-budget amounts of $60.4 Services Administration and the Office of lays. For fiscal year 2001, it sets forth $218.8 billion in BA and outlays. billion in BA and $219.0 billion in outlays. Conference Agreement.—The Conference Personnel Management; general purpose fis- Over 5 years, it provides $1,251.2 billion in BA Agreement revises the fiscal year 2000 on- cal assistance to States, localities, the Dis- and $1,251.4 billion in outlays. budget levels to $11.5 billion in BA and out- trict of Columbia, and territories of the Conference Agreement.—The Conference lays. For fiscal year 2001, it sets forth on- United States; and other general activities of Agreement revises the fiscal year 2000 levels budget totals of $9.7 billion in BA and out- the Federal Government. to $199.6 billion in BA and $199.5 billion in lays. Over 5 years, it provides on-budget House Resolution.—The House resolution re- outlays. For fiscal year 2001, it sets forth amounts of $60.4 billion in BA and outlays. vises the fiscal year 2000 levels to $13.9 bil- $217.7 billion in BA and $218.0 billion in out- lion in budget authority [BA] and $14.7 bil- FUNCTION 700: VETERANS BENEFITS AND lion in outlays. For fiscal year 2001, the reso- lays. Over 5 years, it provides $1,251.1 billion SERVICES in BA and $1,251.3 billion in outlays. lution sets forth $13.6 billion in BA and $14.2 Major Programs in Function.—The Veterans billion in outlays. Over 5 years, it provides FUNCTION 600: INCOME SECURITY Benefits and Services function reflects fund- $67.8 billion in BA and $69.0 billion in out- Major Programs in Function.—The Income ing for the Department of Veterans Affairs lays. Security function covers most of the Federal [VA], which provides benefits to veterans Senate Amendment.—The Senate amend- Government’s income support programs. The who meet various eligibility rules. Benefits ment revises the fiscal year 2000 levels to function includes general retirement and dis- range from income security for veterans; $13.7 billion in BA and $14.7 billion in out- ability insurance (excluding Social Secu- veterans education, training, and rehabilita- lays. For fiscal year 2001, it sets forth $14.4 rity)—mainly through the Pension Benefit tion services; and veterans’ hospital and billion in BA and $14.3 billion in outlays. Guaranty Corporation—and benefits to rail- medical care. As of 1 July 1999, there were Over 5 years, it provides $68.8 billion in BA road retirees. Other components are Federal about 25 million veterans, and about 45 mil- and $69.4 billion in outlays. employee retirement and disability benefits lion family members of living veterans and Conference Agreement.—The Conference (including military retirees); unemployment survivors of deceased veterans. Agreement revises the fiscal year 2000 levels compensation; low-income housing assist- House Resolution.—The House resolution re- to $13.7 billion in BA and $14.7 billion in out- ance; food and nutrition assistance; and vises the fiscal year 2000 levels to $46.0 bil- lays. For fiscal year 2001, it sets forth $14.0 other income security programs. This last lion in budget authority [BA] and $45.2 bil- billion in BA and $14.3 billion in outlays. category includes Temporary Assistance to lion in outlays. For fiscal year 2001, it sets Over 5 years, it provides $68.4 billion in BA Needy Families [TANF], the Government’s forth $47.8 billion in BA and $47.4 billion in and $69.4 billion in outlays. principal welfare program; Supplemental Se- outlays. Over 5 years, it provides $254.9 bil- FUNCTION 900: NET INTEREST curity Income [SSI]; and spending for the re- lion in BA and $253.5 billion in outlays. fundable portion of the Earned Income Cred- Senate Amendment.—The Senate amend- Major Programs in Function.—Net Interest it [EIC]. Agencies involved in these programs ment revises the fiscal year 2000 levels to is the interest paid for the Federal Govern- include the Departments of Agriculture, $46.0 billion in BA and $45.1 billion in out- ment’s borrowing minus the interest income Health and Human Services, Housing and lays. For fiscal year 2001, it sets forth $48.6 received by the Federal Government. Inter- Urban Development, and Education; the So- billion in BA and $48.1 billion in outlays. est is a mandatory payment, with no discre- cial Security Administration (for SSI); and Over 5 years, it provides $257.9 billion in BA tionary components. the Office of Personnel Management (for and $256.3 billion in outlays. House Resolution.—The House resolution re- Federal retirement benefits). Conference Agreement.—The Conference vises the fiscal year 2000 on-budget levels to House Resolution.—The House resolution re- Agreement revises the fiscal year 2000 levels $284.6 billion in budget authority [BA] and vises the fiscal year 2000 levels to $238.4 bil- to $46.0 billion in BA and $45.1 billion in out- outlays. For fiscal year 2001, it sets forth on- lion in budget authority [BA] and $248.0 bil- lays. For fiscal year 2001, it sets forth $47.8 budget levels of $288.5 billion in BA and out- lion in outlays. For fiscal year 2001, the reso- billion in BA and $47.4 billion in outlays. lays. Over 5 years, it provides on-budget lution sets forth $252.2 billion in BA and Over 5 years, it provides $255.1 billion in BA amounts of $1,420.5 billion in BA and outlays. $254.9 billion in outlays. Over 5 years, it pro- and $253.7 billion in outlays. Senate Amendment.—The Senate amend- ment revises the fiscal year 2000 on-budget vides $1,363.0 billion in BA and $1,371.7 billion FUNCTION 750: ADMINISTRATION OF JUSTICE in outlays. levels to $284.7 billion in BA and outlays. For Major Programs in Function.—This function fiscal year 2001, it sets forth on-budget levels Senate Amendment.—The Senate amend- provides funding for Federal law enforce- ment revises the fiscal year 2000 levels to of $289.0 billion in BA and outlays. Over 5 ment activities. This includes criminal in- years, it provides on-budget amounts of $238.9 billion in BA and $248.1 billion in out- vestigations by the Federal Bureau of Inves- lays. For fiscal year 2001, it sets forth $253.2 $1,431.7 billion in BA and outlays. tigation and the Drug Enforcement Adminis- Conference Agreement.—The Conference billion in BA and $255.4 billion in outlays. tration, and border enforcement and the con- Over 5 years, it provides $1,375.5 billion in BA Agreement revises the fiscal year 2000 on- trol of illegal immigration by the Customs budget levels to $284.6 billion in BA and out- and $1,390.7 billion in outlays. Service and Immigration and Naturalization Conference Agreement.—The Conference lays. For fiscal year 2001, it sets forth on- Service. Also funded through this function Agreement revises the fiscal year 2000 levels budget levels of $288.6 billion in BA and out- are the Federal courts, Federal prison con- to $238.9 billion in BA and $248.1 billion in lays. Over 5 years, it provides on-budget struction, and criminal justice assistance. amounts of $1,427.3 billion in BA and outlays. outlays. For fiscal year 2001, it sets forth House Resolution.—The House resolution re- $252.3 billion in BA and $255.0 billion in out- vises the fiscal year 2000 levels to $27.3 bil- FUNCTION 920: ALLOWANCES lays. Over 5 years, it provides $1,369.8 billion lion in budget authority [BA] and $28.0 bil- Major Programs in Function.—The Allow- in BA and $1,381.9 billion in outlays. lion in outlays. For fiscal year 2001, the reso- ances function is used for planning purposes FUNCTION 650: SOCIAL SECURITY lution sets forth $28.0 billion in BA and out- to address the budgetary effects of proposals Major Programs in Function.—Function 650 lays. Over 5 years, it provides $140.3 billion in or assumptions that cross various other consists of the Social Security Program, or BA and $139.9 billion in outlays. budget functions. Once such changes are en- Old Age, Survivors, and Disability Insurance Senate Amendment.—The Senate amend- acted, the budgetary effects are distributed [OASDI]. It is the largest budget function in ment revises the fiscal year 2000 levels to to the appropriate budget functions. terms of outlays, and provides funds for the $27.4 billion in BA and $28.0 billion in out- House Resolution.—The House resolution re- Government’s largest entitlement program. lays. For fiscal year 2001, it sets forth $28.2 vises the fiscal year 2000 levels to $8.5 billion Under provisions of the Budget Enforcement billion in BA and $28.3 billion in outlays. in budget authority [BA] and $11.5 billion in April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2227 outlays. For fiscal year 2001, the resolution to move in the current session of the 106th reduction any part of the amounts assumed sets forth ¥$4.7 billion in BA and ¥$8.7 bil- Congress. In addition, the revenue levels in for tax relief if the tax bills do not become lion in outlays. Over 5 years, it provides the Conference Agreement would accommo- law. These bills are to be reported by July 14 ¥$18.1 billion in BA and ¥$20.2 billion in date the revenue effects from legislation and September 13, respectively. While the re- outlays. that would permit members of the Armed porting dates for these two bills coincide Senate Amendment.—The Senate amend- Forces to participate in the Thrift Savings with the deadlines for the two tax bills, they ment has no effect on fiscal year 2000 levels. Plan. are to be reported as separate freestanding ¥ For fiscal year 2001, it sets forth $6.0 bil- RECONCILIATION INSTRUCTIONS bills. lion in BA and ¥$5.6 billion in outlays; and Under section 310(a) of the Budget Act, the Section 104 of the Conference Agreement over 5 years, ¥$8.0 billion in BA and ¥$26.6 budget resolution may include directives to provides for two reconciliation bills in the billion in outlays. the committees of jurisdiction to make revi- Senate (the first, reported from the Senate Conference Agreement.—The Conference sions in law necessary to accomplish a speci- Finance Committee by July 14, 2000, and the Agreement has no effect on the fiscal year fied change in new budget authority or rev- second reported from the Senate Finance 2000 levels. For fiscal year 2001, it sets forth enue. If the resolution includes directives to Committee by September 13, 2000). The sum ¥$5.5 billion in BA and ¥$4.6 billion in out- only one committee of the House or Senate, of the bills (if both were to be enacted) may lays. Over 5 years, it provides ¥$15.0 billion then that committee is required to directly not exceed $11.6 billion for 2001 and $150 bil- in BA and ¥$23.0 billion in outlays. report to its House legislative language of its lion for fiscal years 2001 through 2005. FUNCTION 950: UNDISTRIBUTED OFFSETTING design that would implement the spending or 302(a) ALLOCATIONS RECEIPTS revenue changes provided for in the resolu- As required in section 302(a) of the Budget Major Programs in Function.—Receipts re- tion. Any bill considered pursuant to a rec- Act, the joint statement of managers in- corded in this function are either onciliation instruction is subject to special cludes an allocation, based on the Con- intrabudgetary (a payment from one Federal procedures set forth in section 310(b), (c), (d), ference Agreement, of total budget authority agency to another, such as agency payments and (e) and section 313 of the Budget Act. and total outlays for each House and Senate to the retirement trust funds) or proprietary House resolution committee. (a payment from the public for some kind of Section 4 contains two sets of instructions business transaction with the Government). Conference Agreement to the Committee on Ways and Means: one The main types of receipts recorded in this for tax relief, and the other for debt reduc- The joint statement of managers estab- function are: the payments Federal employ- tion. The reporting schedule for the tax bills lishes allocations that are consistent with ees and agencies make to employee retire- the budgetary totals and functional levels in ment trust funds; payments made by compa- is as follows: first bill, May 26; second bill, June 23; third bill, July 28; and fourth bill, Title I. The joint statement establishes allo- nies for the right to explore and produce oil cations for the budget year, fiscal year 2001, and gas on the Outer Continental Shelf; and September 22. The bills providing for a re- duction in debt held by the public coincide and each of the out-years covered by the payments by those who bid for the right to budget resolution, fiscal years 2001 through buy or use public property or resources, such with the first and last tax bills on May 26 and September 22. The Committee assumes it 2005. In addition, the joint statement pro- as the electromagnetic spectrum. These re- vides a revised allocation for fiscal year 2000. ceipts are treated as negative spending. will be unnecessary to consider the second In the House, the 302(a) allocation to the House Resolution.—The House resolution re- debt reduction bill if the President agrees to Appropriations Committee is also divided vises the fiscal year 2000 on-budget levels to the earlier reconciliation bills. into separate categories for general purpose -$34.1 billion in budget authority [BA] and Subsection (a) directs the Committee on discretionary, mass transit and highways. outlays. For fiscal year 2001, it sets forth on- Ways and Means to report legislation that The allocations to the authorizing commit- budget levels of -$38.4 billion in BA and out- will achieve a reduction in revenue of $10 bil- tees in the House are also divided into cur- lays. Over 5 years, it provides on-budget lion in fiscal year 2001 and $150 billion over 5 rent law, assumed discretionary action lev- amounts of -$197.7 billion in BA and outlays. years. Although the budget resolution as- els, and reauthorizations. Senate Amendment.—The Senate amend- sumes a year-to-year distribution of the rev- As required under section 302(a), the allo- ment revises the fiscal year 2000 on-budget enue reduction for the tax bills, the Ways cations for the House and the Senate are also levels to -$34.3 billion in BA and outlays. For and Means Committee bill may be higher or displayed in three separate discretionary fiscal year 2001, it sets forth on-budget levels lower than these year-to-year levels as long categories that are consistent with the lim- of -$38.4 billion in BA and outlays. Over 5 as the net revenue loss does not exceed the its set forth in section 250(c)(4) of the Bal- years, it provides on-budget amounts of first-year and five-year totals. anced Budget and Emergency Deficit Control -$200.6 billion in BA and outlays. Subsection (b) directs the Committee on Act of 1985 [Deficit Control Act]: general pur- Conference Agreement.—The Conference Ways and Means to report two bills that pose discretionary, mass transit, and high- Agreement revises the fiscal year 2000 on- would reduce the level of debt held by the ways. budget levels to -$34.3 billion in BA and out- public: the first bill must reduce debt by $10 lays. For fiscal year 2001, it sets forth on- billion in fiscal year 2001 and the second bill Although this resolution revises the levels budget levels of -$38.3 billion in BA and out- must reduce debt by no more than $20 billion for fiscal year 2000, new allocations to Sen- lays. Over 5 years, it provides on-budget in fiscal year 2001. ate Committees are not displayed herein be- amounts of -$197.6 billion in BA and outlays. Senate amendment cause there is no further change from cur- rent law assumed for 2000 in this resolution REVENUES The Senate amendment contains a rec- that needs to be allocated. onciliation instruction to reduce revenues by Section 301(a)(2) of the Budget Act requires The 302(a) allocations are as follows: the budget resolution to include the total not more than $13.033 billion for fiscal year Federal revenues and the amount, if any, by 2001 and by not more than $147.087 billion for ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE the sum of the fiscal years 2001 through 2005. which the aggregate levels of Federal reve- COMMITTEES The Senate Finance Committee would be nues should be increased or decreased. Appropriations Committee House Resolution.—The House resolution re- required to report reconciliation legislation [In millions of dollars] vises the fiscal year 2000 on-budget revenue by September 22, 2000. level to $1,465.5 billion. It sets forth on-budg- Conference agreement 2000 2001 et revenues of $1,504.8 billion in fiscal year Section 103 of the Conference Agreement 2001 and $8,022.4 billion over 5 years. General Purpose: 1 includes instructions to the Committee on BA ...... 570,315 599,040 Senate Amendment.—The Senate amend- Ways and Means to report two bills that re- OT ...... 575,688 592,771 ment revises the fiscal year 2000 on-budget duce revenue by a total of $11.6 billion for Highways: 1 revenue level to $1,464.6 billion. It sets forth fiscal year 2001 and $150 billion for the period BA ...... 0 0 OT ...... 24,393 27,314 on-budget revenues of $1,501.8 billion for fis- of fiscal year 2001 through 2005. The Com- Mass Transit: 1 cal year 2001 and $8,025.4 billion over 5 years. mittee on Ways and Means is required to re- BA ...... 0 1,255 Conference Agreement.—The Conference port the first bill to the House on July 14 and OT ...... 4,570 4,994 Violent Crime: 1 Agreement revises the fiscal year 2000 on- the second bill on September 13. BA ...... 4,486 na budget revenue level to $1,465.5 billion. It In addition, the Conference Agreement di- OT ...... 6,999 na sets forth on-budget revenues of $1,503.2 bil- rects the Committee on Ways and Means to Total Discretionary Action: BA ...... 574,801 600,295 lion in fiscal year 2001 and $8,022.4 billion report two separate bills that reduce debt OT ...... 611,650 625,079 over 5 years. held by the public. The first bill must reduce Current Law Mandatory: The revenue levels in the Conference debt held by the public by $7.5 billion and the BA ...... 307,642 325,936 Agreement can accommodate tax relief and second by up to $19.1 billion. The conferees OT ...... 293,762 309,098 fairness legislation that has already begun intend for the second bill to lock in for debt 1 Shown for display purposes only. H2228 CONGRESSIONAL RECORD — HOUSE April 12, 2000 ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE COMMITTEES [Committees other than appropriations] [In millions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

Agriculture Committee Current Law: BA ...... $25,763 14,463 13,647 3,338 3,185 3,189 37,822 OT ...... 21,623 10,748 10,241 ¥237 ¥248 ¥90 20,214 Discretionary Action: BA ...... 0 1,422 1,525 1,657 1,745 1,848 8,197 OT ...... 0 655 1,459 1,583 1,696 1,791 7,184 Reauthorizations: BA ...... 0 0 0 29,866 29,968 29,294 89,128 OT ...... 0 0 0 28,914 29,922 29,254 88,090 Total: BA ...... 25,763 15,885 15,172 34,861 34,898 34,331 135,147 OT ...... 21,623 11,403 11,700 30,260 31,370 30,755 115,488 Armed Services Committee Current Law: BA ...... 48,603 50,142 51,686 53,321 55,120 57,044 267,313 OT ...... 48,786 50,126 51,629 53,234 55,034 56,954 266,977 Banking and Financial Services Committee Current Law: BA ...... 2538 4050 4925 4479 3992 3938 21384 OT ...... ¥3,800 ¥2,142 ¥1,019 ¥1,294 ¥2,425 ¥2,361 ¥9,241 Discretionary Action: BA ...... 0 0 0 0 0 0 0 OT ...... 0 ¥107 ¥225 ¥304 ¥332 ¥361 ¥1,329 Total: BA ...... 2,538 4,050 4,925 4,479 3,992 3,938 21,384 OT ...... ¥3,800 ¥2,249 ¥1,244 ¥1,598 ¥2,757 ¥2,722 ¥10,570 Committee on Education and the Workforce Current Law: BA ...... 2,746 5,673 5,731 5,310 4,842 5,050 26,606 OT ...... 1,638 4,928 5,177 4,962 4,551 4,559 24,177 Reauthorizations: BA ...... 0 0 305 305 791 814 2,215 OT ...... 0 0 58 244 699 810 1,811 Total: BA ...... 2,746 5,673 6,036 5,615 5,633 5,864 28,821 OT ...... 1,638 4,928 5,235 5,206 5,250 5,369 25,988 Commerce Committee Current Law: BA ...... 7,810 8,265 8,799 10,374 15,153 16,240 58,831 OT ...... 5,267 6,516 9,024 9,902 15,311 16,329 57,082 International Relations Committee Current Law: BA ...... 9,908 11,385 11,715 11,799 11,813 12,098 58,810 OT ...... 10,057 10,129 10,426 10,580 10,818 11,019 52,972 Government Reform Committee Current Law: BA ...... 58,939 60,323 62,581 64,886 67,334 69,857 324,981 OT ...... 57,462 58,905 61,212 63,575 66,128 68,719 318,539 Committee on House Administration Current Law: BA ...... 120 113 87 898687462 OT ...... 291 68 32 58 252 41 451 Resources Committee Current Law: BA ...... 2,465 2,546 2,307 2,314 2,362 2,451 11,980 OT ...... 2,446 2,493 2,339 2,431 2,378 2,400 12,041 Discretionary Action: BA ...... 0 0 41 40 40 41 162 OT ...... 0 0 ¥18 1 23 38 44 Total: BA ...... 2,465 2,546 2,348 2,354 2,402 2,492 12,142 OT ...... 2,446 2,493 2,321 2,432 2,401 2,438 12,085 Judiciary Committee Current Law: BA ...... 3,688 5,590 5,177 5,261 5,333 5,332 26,693 OT ...... 3,546 5,076 5,149 5,115 5,115 5,249 25,704 Transportation and Infrastructure Committee Current Law: BA ...... 47,668 51,193 49,090 49,765 12,224 12,271 17,4543 OT ...... 9,923 9,747 9,700 9,701 9,508 9,213 47,869 Reauthorizations: BA ...... 0 0 0 0 37,578 37,578 75,156 OT ...... 0 0 0 0 104 306 410 Total: BA ...... 47,668 51,193 49,090 49,765 49,802 49,849 249,699 OT ...... 9,923 9,747 9,700 9,701 9,612 9,519 48,279 Science Committee Current Law: BA ...... 90 81 60 61 62 62 326 OT ...... 70 79 86 73 64 62 364 Small Business Committee Current Law: BA ...... ¥29500000 0 OT ...... ¥460 ¥195 ¥160 ¥150 ¥140 ¥100 ¥745 Veterans’ Affairs Committee Current Law: BA ...... 1,657 1,367 1,365 1,368 1,379 1,358 6,837 OT ...... 1,417 1,273 1,392 1,355 1,372 1,359 6,751 Discretionary Action: BA ...... 0 510 1,044 1,271 1,841 2,614 7,280 OT ...... 0 479 998 1,224 1,791 2,545 7,037 Total: BA ...... 1,657 1,877 2,409 2,639 3,220 3,972 14,117 OT ...... 1,417 1,752 2,390 2,579 3,163 3,904 13,788 Ways and Means Committee Current Law: BA ...... 671,727 697,871 712,893 716,096 736,022 763,480 3,626,362 OT ...... 669,844 696,956 712,378 714,907 734,695 761,823 3,620,759 April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2229 ALLOCATIONS OF SPENDING AUTHORITY TO HOUSE COMMITTEES—Continued [Committees other than appropriations] [In millions of dollars]

2000 2001 2002 2003 2004 2005 2001–05

Reauthorizations: BA ...... 0 0 215 19,718 19,919 19,925 59,777 OT ...... 0 0 155 19,875 20,787 21,095 61,912 Discretionary Action: BA ...... ¥50 55 1,356 1,484 167 ¥27 3,035 OT ...... 0 25 1,375 1,502 162 ¥26 3,038 Total: BA ...... 671,677 697,926 714,464 737,298 756,108 783,378 3,689,174 OT ...... 669,844 696,981 713,908 736,284 755,644 782,892 3,685,709

SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 302 OF THE CONGRESSIONAL BUDGET ACT BUDGET YEAR TOTAL 2001 [In millions of dollars]

Direct spending jurisdiction Entitlements funded in annual appropriations acts Committee Budget authority Outlays Budget authority Outlays

Appropriations: General Purpose Discretionary ...... 541,095 547,279 0 0 Memo: on-budget ...... 537,688 543,948 ...... Off-budget ...... 3,407 3,331 ...... Highways ...... 0 26,920 0 0 Mass Transit ...... 0 4,639 0 0 Mandatory ...... 327,879 310,226 0 0 Total ...... 868,974 889,064 0 0 Agriculture, Nutrition, and Forestry ...... 14,254 10,542 29,517 11,943 Armed Services ...... 50,139 50,129 0 0 Banking, Housing and Urban Affairs ...... 4,050 ¥2,339 0 0 Commerce, Science, and Transportation ...... 7,341 3,433 739 737 Energy and Natural Resources ...... 2,429 2,373 40 51 Environment and Public Works ...... 39,643 2,029 0 0 Finance ...... 708,475 705,890 165,436 165,915 Foreign Relations ...... 11,364 10,107 0 0 Governmental Affairs ...... 60,323 58,905 0 0 Judiciary ...... 5,590 5,076 253 253 Health, Education, Labor, and Pensions ...... 9,959 9,181 1,382 1,381 Rules and Administration ...... 113 68 0 0 Veterans’ Affairs ...... 1,497 1,493 24,527 24,444 Indian Affairs ...... 192 189 0 0 Small Business ...... 0 ¥195 0 0 Unassigned to Committee ...... ¥313,951 ¥296,951 0 0 Total ...... 1,470,392 1,448,994 221,894 204,724

IMPLEMENTATION AND ENFORCEMENT OF ing on Social Security to finance the general Section 31 establishes two new restrictions LEVELS operations of the Federal Government. Para- designed to prevent the House from consid- Section 301(b)(4) of the Budget Act permits graph (2) clarifies that, for purposes of that ering legislation that circumvents the allo- the resolution to ‘‘. . . require such other section, deficit levels are those set forth in cations and aggregates set forth in the budg- procedures, relating to the budget, as may be the resolution pursuant to section 301 of the et resolution. Both restrictions are enforce- appropriate to carry out the purposes of this Budget Act. able through points of order that preclude Act.’’ Authority for Congress to determine Section 6 prohibits the House from consid- consideration of an offending measure. The its own rules is set forth in Section 5 of Arti- ering legislation that would reduce the sur- points of order may be raised against any re- cle I of the United States Constitution. plus below the levels set forth in section 2(4) ported bill, joint resolution, amendment to Under these authorities, budget resolutions of the resolution (as adjusted for the reserve such a measure or any resulting Conference have formulated congressional procedures to funds). The reason for this new rule is to en- Agreement. They are applicable in both the enforce budgetary limitations, accommo- sure that the portion of the surplus reserved House and the Senate. These two restrictions dated legislation with costs not reflected in for tax cuts is used to pay down the debt if are outlined below. Subsection (a) prohibits the consideration the resolution, and implemented the levels the tax reductions do not become law. Under of legislation that would direct the Congres- and assumptions set forth by the resolution. current law, committees can circumvent the sional Budget Office [CBO] or the Office of ENFORCEMENT PROCEDURES allocations, aggregates and discretionary Management and Budget [OMB] to estimate The Budget Act establishes procedures to limits by simply designating legislation an the costs of a measure in a specified manner. enforce the levels set forth in the budget res- emergency. This designation results in a dol- This subsection assumes that any type of di- olution. The budget resolution also can es- lar-for-dollar increase in the allocations, ag- rected scoring is intended to circumvent a tablish additional rules to enforce the budg- gregates, and discretionary spending limits. committee’s allocation, the budget resolu- etary levels it sets forth. Most budget-re- As one committee recently observed in a re- tion’s aggregate levels of budget authority lated rules so established are enforced port accompanying a bill, the only real con- and outlays, or the discretionary spending through points of order that can be raised by straint on such committees is the adverse limits set forth in the Deficit Control Act. In any Member of the appropriate House imme- publicity that would result if the emergency- the absence of such directed scoring, CBO diately prior to the consideration of legisla- designated appropriations resulted in an on- and OMB are required to adhere to scoring tion. Usually such points of order may be budget deficit. conventions set forth in sections 257 of the raised against any bill or joint resolution, This restriction is enforced by a point of Deficit Control Act and the joint statement amendments thereto or a Conference Agree- order which, if sustained, would preclude fur- of managers accompanying the Balanced ment thereon. In some cases, the points of ther consideration of an offending measure. Budget Act of 1997 (H. Rept. 105–217). order apply to certain motions. The point of order would apply to both tax Subsection (b)(1) prohibits the consider- House resolution and spending bills. With respect to spending ation of legislation that would provide an Section 5 extends an existing point of order bills, the point of order would apply to both amount of advance discretionary spending established to prevent Social Security sur- direct spending bills reported by authorizing exceeding $23 billion. Subsection (b)(2) de- pluses from being reduced. Subsection (a) committees and appropriations bills reported fines an advance appropriation as any gen- provides various findings relating to the by the Appropriations Committee. For the eral appropriation for fiscal year 2001 that budgetary status of Social Security. purpose of the point of order, the surplus is would provide budget authority first made Subsection (b) establishes a freestanding the amount established in section 2(4). These available in fiscal year 2002 or later. A sig- rule prohibiting the consideration in the levels are adjusted for the revenue legisla- nificant level of advanced appropriations is House or the Senate of any budget resolution tion set forth in the reconciliation instruc- permitted because in some programmatic that sets forth an on-budget deficit. It recog- tions in section 4 and are subject to the ad- areas, such as education, the planning cycle nizes that if the budget resolution provides justments and reserve funds provided for in of State or local government recipients does for an on-budget deficit, it is implicitly rely- the resolution. not coincide with the Federal budget cycle. H2230 CONGRESSIONAL RECORD — HOUSE April 12, 2000 These governments need to know in advance priations is also in compliance with the cur- to what is commonly referred to as ‘‘sense of how much they will receive from the Federal rent limits. This is achieved by assuming a the Senate’’ amendments. Note that it is not Government in order to accurately develop reserve amount within function 920 (allow- meant to preclude the inclusion of ‘‘purpose’’ their budgets. ances). or ‘‘findings’’ language that is part of an oth- The Committee assumes that in order to The Senate amendment contains language erwise substantive amendment. advise the presiding officer on a point of which provides the chairman of the Com- Conference agreement order, the chairman will monitor the current mittee on the Budget in the Senate with the Section 201 of the Conference Agreement level of enacted advanced appropriations in authority to adjust the section 302(a) alloca- extends section 201 of H. Con. Res. 68, which conjunction with the Current Level reports tion to the Committee on Appropriations up prohibits the consideration in both the required by sections 302(f), 311(a), and Rule 26 to the level of discretionary spending envi- House and the Senate of any budget resolu- of the Rules of Procedure for the House sioned by the resolution, only after legisla- tion that sets forth an on-budget deficit. Budget Committee. tion has been enacted that increases the Subsection (a) makes various findings re- Senate amendment statutory discretionary spending limits. For the purposes of this section, the Senate garding the relationship between the Social Section 201: Congressional Lockbox for So- amendment assumes that only the fiscal Security surplus and the Federal budget. cial Security Surpluses. The Senate amend- year 2001 limits will be increased. No as- This section is enforceable by a point of ment contains language which is very simi- sumption is made with respect to the appro- order that may be waived by a majority vote lar to section 201 of the Conference Agree- priate level for fiscal year 2002. The Senate in the House and a three-fifths vote in the ment on the fiscal year 2000 budget resolu- amendment also intends that in order to Senate. The rule applies to any budget reso- tion. This ‘‘Social Security lockbox,’’ as it is maintain mathematical consistency and ac- lution establishing levels for fiscal year 2002 known, provides a point of order in both the curate enforcement of the budget resolution, or revising the levels set forth in this resolu- House of Representatives and the Senate the chairman will also be authorized to ad- tion for fiscal year 2001. It also applies to against a budget resolution that sets forth just the aggregates contained in the resolu- amendments or Conference Agreements on an on-budget deficit for any fiscal year. This tion. Therefore it will be necessary to amend such resolutions. As with other budget-re- ensures that Social Security surpluses can the language of section 208 to provide the lated points of order, determinations of the not be used to finance deficit spending. chairman with this additional authority. appropriate levels are made by the Budget The point of order will now be permanent Section 209: Congressional Firewall for De- Committee of the appropriate House. The and in the Senate will require 60 votes for a fense and Non-Defense Spending. The Senate Conference Agreement includes the excep- waiver or to sustain an appeal. In addition, a amendment contains language that, upon tion contained in the Senate amendment for ‘‘double lock’’ is now attached to this the enactment of legislation which increases periods of war or low economic growth. lockbox point of order by adding a the discretionary spending limits for fiscal Section 202 of the Conference Agreement ‘‘lookback’’. The ‘‘lookback’’ requires that year 2001, establishes a ‘‘firewall’’ between establishes a procedure for preserving the after the end of the fiscal year, in its next defense and nondefense discretionary spend- surpluses set forth in the resolution. This budget resolution, Congress must look back ing in the Senate. This firewall consists of procedure applies only to the House. Section to see if any deficit spending has occurred limits on the overall level of both defense 202 specifically prohibits the consideration of and make the Social Security trust fund and nondefense spending. The nondefense any measure in the House that would reduce whole in the subsequent year by reducing fu- portion includes the outlays for both high- the surplus below the level set forth in sec- ture discretionary spending by an equivalent ways and mass transit. These limits will be tion 101(4) (as appropriately adjusted). It is amount. enforced by a 60-vote point of order against enforced by a point of order which, if sus- Section 207: Emergency Designation Point a measure that exceeds the limits. tained, would preclude consideration of the of Order in the Senate. The Senate amend- Section 210: Mechanisms for Strengthening measure. The House conferees intend for de- ment contains language which provides a 60– Budgetary Integrity. The Senate amendment terminations of whether a measure would vote point of order in the Senate against any contains language establishing two new cause the surplus to be less than the levels in legislation (including Conference Agree- points of order in the Senate, one with re- the budget resolution in the same manner as ments) that contains an emergency designa- spect to advanced appropriations and the such determinations are made under Section tion with respect to any spending or reve- other with respect to delayed obligations. 311(a) of the Budget Act. nues. Subsection (g) contains an exception Both points of order require 60–votes for a In order to enforce this provision, the for all discretionary defense spending. This waiver or to sustain an appeal of the ruling House Budget Committee will monitor the section is very similar to section 206 of the of the Chair. Similar to the emergency des- current level of the surplus, which is a func- Conference Agreement on the fiscal year 2000 ignation point of order in section 207 of the tion of enacted spending and tax legislation, budget resolution with one exception: the Senate amendment, these points of order and the surplus levels set forth in the budget point of order is now permanent. As was the also operate like the Byrd Rule: if the point resolution. case last year, the point of order would oper- of order is sustained, the offending language This point of order will not preclude the ate similar to the Senate’s Byrd Rule (sec- will be excised from the measure—including consideration of legislation assumed in the tion 313 of the Budget Act ) in that if the the Conference Agreement. Both points of appropriate surplus levels for which adjust- point of order is sustained, the offending lan- order expire at the end of fiscal year 2002 in ments are made pursuant to sections 214 guage (in this case the emergency designa- keeping with the lifetime of the current dis- through 220. tion) can be excised from the bill, amend- cretionary spending limits. The House conferees intend this mecha- ment or Conference Agreement, leaving the Section 210(b) of the Senate amendment nism to ensure that the surpluses reserved remainder intact. This is likely to result in provides a point of order against any appro- for either tax relief or debt reduction are not the remaining language then being subject priation that results in the sum of all ad- used to finance higher spending. Under cur- to some other Budget Act point of order be- vances from fiscal year 2001 into fiscal year rent law and the terms of recent budget reso- cause the additional spending would then be 2002 (or into any subsequent fiscal year) in lutions, there is nothing to prevent spending scored against either the discretionary excess of the amounts that were advanced and tax legislation from eroding the surplus spending limits, the section 311 aggregates, from fiscal year 2000 into fiscal year 2001 for set forth in the resolution. A measure may or a committee’s allocation. education programs ($23 billion). implicitly tap into this surplus by providing Section 208: Reserve Fund Pending the In- Section 210(c) of the Senate amendment an appropriation for any program or purpose crease of fiscal year 2001 Discretionary provides a point of order against the use of enumerated in section 314 of the Budget Act. Spending Limits. Section 312(b) of the Budg- any delayed obligations in an appropriations Doing so automatically increases the levels et Act provides a 60–vote point of order in bill with specific exceptions for any delays in in the budget resolution above their original the Senate against any legislation that ex- the defense category and any reoccurring or amounts, thereby reducing the current level ceeds the discretionary spending limits set customary delays (including a date and a of the surplus. This mechanism is designed forth in section 251 of the Deficit Control dollar limitation) that are listed in this sec- to prevent this from happening. Act. This point of order applies to a concur- tion. These specified delays total approxi- Section 203 of the Conference Agreement rent resolution on the budget as well as sub- mately $11.2 billion. provides for the enhanced enforcement of stantive legislation. Sustaining the current Section 210(g) of the Senate amendment budgetary limits. It applies only to the discretionary spending limits is not feasible provides guidance for interpreting the ger- House. Subsection (a) prohibits consider- based on recent budget submissions by Presi- maneness requirement found in section ation in the House of appropriation bills con- dent Clinton and congressional action. 305(b)(2) of the Budget Act . Section 305 re- taining directed scoring language. A directed The Senate amendment envisions a level of quires that all amendments offered on the scoring provision is defined as legislative discretionary spending which exceeds the floor to a budget resolution or a reconcili- language that directs CBO or OMB how to es- current statutory limits. However, because ation bill must be germane to the underlying timate the discretionary new budget author- of the restrictions of section 312(b), the func- legislation and is enforced by a 60-vote point ity of a provision for budget enforcement tional totals and spending aggregates con- of order in the Senate. The Senate amend- purposes. The House conferees intend for ap- tained in this resolution technically indicate ment states that an amendment will be con- propriate scoring conventions to be used to a level of discretionary spending that ad- sidered not germane if it contains only prec- enforce the budget resolution under the heres to the current-law limits. The section atory (non-binding) language. This is de- Budget Act, and the appropriations caps and 302(a) allocation to the Committee on Appro- signed to place a 60–vote hurdle with respect pay-as-you-go [PAYGO] requirements set April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2231 forth in the Deficit Control Act. The con- nism in the Senate for implementing an in- preted for purposes of the Balanced Budget ferees recognize it may be necessary to occa- crease in fiscal year 2001 discretionary spend- and Emergency Deficit Control Act of 1985. sionally waive this provision in order to as- ing limits. This provision permits the chair- (4) EXCLUSION.—For purposes of this sub- sure that costs are scored to the appropriate man of the Senate Committee on the Budget section the terms ‘‘direct-spending committee in omnibus appropriations bills. to revise the section 302(a) allocation to the legislation’’and ‘‘revenue legislation’’ do not This subsection expires on January 1, 2001. Committee on Appropriations (and other ap- include— Subsection (b)(1) prohibits the consider- propriate budgetary levels), once an increase (A) any concurrent resolution on the budg- ation in the House of legislation that would in the discretionary spending limits for fis- et; or provide an amount of advance discretionary cal year 2001 is enacted. (B) any provision of legislation that affects spending exceeding $23.5 billion. Subsection Section 207 of the Conference Agreement the full funding of, and continuation of, the (b)(2) defines an advance appropriation as retains the language of section 209 of the deposit insurance guarantee commitment in any general appropriation for fiscal year 2001 Senate amendment and provides that, upon effect on the date of enactment of the Budg- that would provide budget authority first the enactment of legislation increasing the et Enforcement Act of 1990. made available in fiscal year 2002 or later. discretionary spending limits for fiscal year (5) BASELINE.—Estimates prepared pursu- This subsection also expires on January 1, 2001, there is established a ‘‘firewall’’ be- ant to this section shall— 2001. tween defense and nondefense discretionary (A) use the baseline used for the most re- Section 204 of the Conference Agreement spending in the Senate. This firewall con- cently adopted concurrent resolution on the contains language establishing two new sists of limits on the overall level of both de- budget; and points of order in the Senate, one with re- fense and nondefense spending. The non- (B) be calculated under the requirements spect to advance appropriations and the defense portion includes the outlays for both of subsections (b) through (d) of section 257 other with respect to delayed obligations. highways and mass transit. These limits will of the Balanced Budget and Emergency Def- Total advances are limited to $23.5 billion be enforced by a 60–vote point of order icit Control Act of 1985 for fiscal years be- and permissible delays include only those against a measure that exceeds the limits. yond those covered by that concurrent reso- which are recurring or customary or relate The Senate’s PAYGO point of order was lution on the budget. to discretionary defense spending. Both modified in section 207 of the Conference (6) PRIOR SURPLUS.—If direct spending or points of order require 60–votes for a waiver Agreement on the fiscal year 2000 budget res- revenue legislation increases the on-budget or to sustain an appeal of the ruling of the olution to make clear that spending of on- deficit or causes an on-budget deficit when Chair. Similar to the emergency designation budget surpluses would not violate the taken individually, then it must also in- point of order in section 207 of the Senate PAYGO rule. This rule continues in effect, crease the on-budget deficit or causes an on- amendment, these points of order also oper- unchanged by this resolution, and is re- budget deficit when taken together with all ate like the Byrd Rule: if the point of order printed below: direct spending and revenue legislation en- is sustained, the offending language will be PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE acted since the beginning of the calendar excised from the measure—including any See Section 207 of H. Con. Res. 68 (106th year not accounted for in the baseline under conference agreement. Both points of order Cong. 1st Sess.) paragraph (5)(A), except that the direct expire at the end of fiscal year 2002 in keep- (a) PURPOSES.—The Senate declares that it spending or revenue effects resulting from ing with the lifetime of the current discre- is essential to— legislation enacted pursuant to the rec- tionary spending limits. The Conference (1) ensure continued compliance with the onciliation instructions included in that con- Agreement also retains the provision from balanced budget plan set forth in this resolu- current resolution on the budget shall not be section 210(g) of the Senate Amendment with tion; and available. a modification. (2) continue the pay-as-you-go enforcement (c) WAIVER.—This section may be waived Section 205 of the Conference Agreement system. or suspended in the Senate only by the af- retains the language from section 207 of the (b) POINT OF ORDER.— firmative vote of three-fifths of the Mem- Senate amendment which establishes a 60- (1) IN GENERAL.—It shall not be in order in bers, duly chosen and sworn. vote point of order in the Senate against leg- the Senate to consider any direct spending (d) APPEALS.—Appeals in the Senate from or revenue legislation that would increase islation (including Conference Agreements) the decisions of the Chair relating to any the on-budget deficit or cause an on-budget that contains an emergency designation with provision of this section shall be limited to 1 deficit for any one of the three applicable respect to any spending or revenues. Sub- hour, to be equally divided between, and con- time periods as measured in paragraphs (5) section (g) contains an exception for all dis- trolled by, the appellant and the manager of and (6). cretionary defense spending. This section is the bill or joint resolution, as the case may (2) APPLICABLE TIME PERIODS.—For pur- very similar to section 206 of the Conference be. An affirmative vote of three-fifths of the poses of this subsection the term ‘‘applicable Agreement on the fiscal year 2000 budget res- Members of the Senate, duly chosen and time period’’ means any one of the three fol- olution with one exception: the point of sworn, shall be required in the Senate to sus- lowing periods: order is now made permanent. As was the tain an appeal of the ruling of the Chair on (A) The first year covered by the most re- case last year, the point of order would oper- a point of order raised under this section. ate similarly to the Senate’s Byrd Rule (sec- cently adopted concurrent resolution on the (e) DETERMINATION OF BUDGET LEVELS.— tion 313 of the Budget Act) in that if the budget. For purposes of this section, the levels of point of order is sustained, the offending lan- (B) The period of the first 5 fiscal years new budget authority, outlays, and revenues guage (in this case the emergency designa- covered by the most recently adopted con- for a fiscal year shall be determined on the tion) can be excised from the bill, amend- current resolution on the budget. basis of estimates made by the Committee ment or Conference Agreement, leaving the (C) The period of the 5 fiscal years fol- on the Budget of the Senate. remainder in tact. This is likely to result in lowing the first 5 fiscal years covered by the the remaining language then being subject most recently adopted concurrent resolution (f) CONFORMING AMENDMENT.—Section 23 of to some other Budget Act point of order be- on the budget. House Concurrent Resolution 218 (103d Con- cause the additional spending would then be (3) DIRECT-SPENDING LEGISLATION.—For gress) is repealed. scored against either the discretionary purposes of this subsection and except as (g) SUNSET.—Subsections (a) through (e) of spending limits, the section 311 aggregates, provided in paragraph (4), the term ‘‘direct- this section shall expire September 30, 2002. or a committee’s allocation. spending legislation’’ means any bill, joint The Senate amendment assumes that the Section 206 of the Conference Agreement resolution, amendment, motion, or Con- on-budget surplus be placed on the Senate’s retains the language from section 208 of the ference Agreement that affects direct spend- PAYGO scorecard. The baseline on-budget Senate amendment and establishes a mecha- ing as that term is defined by and inter- surpluses are shown on the table below: [In billions of dollars]

Fiscal year— 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 5 yr. 10 yr.

Baseline on-budget surplus ...... 26.509 54.330 77.487 105.636 132.475 197.085 248.281 290.469 348.599 410.089 396.437 1,890.961

RESERVE FUNDS the reporting committees’ allocations in vio- at the discretion of the Budget Committee Reserve funds are special procedures for lation of section 302(f) of the Budget Act, chairman of the House in which the measure adjusting the levels in the budget resolution subjecting it to a point of order which could is being considered and are subject to var- to accommodate specified classes of legisla- preclude the applicable House from consid- ious limitations. tion. Usually the cost of these bills is not as- ering the measure. The adjustments are usu- House resolution sumed in either the total revenue and spend- ally automatically triggered by the consider- Section 7 establishes several procedures to ing levels or the appropriate committee’s ation of a measure on the House or Senate ensure that an amount equal to the revenue 302(a) allocations. In the absence of the ad- floor. In the case of the reserve funds set reduction assumed for tax relief is used for justments, any reported bill would exceed forth herein, the adjustments may be made that purpose, or, if the tax legislation is not H2232 CONGRESSIONAL RECORD — HOUSE April 12, 2000 enacted into law, used to reduce the public in fiscal year 2001 similar to that included in serve fund. The Committee assumes that debt. Subsection (a) directs the Budget Com- last year’s budget resolution. The reserve Medicare reform efforts will ensure adequate mittee chairman to reduce the aggregate by fund authorizes the Budget Committee chair- reimbursement for Medicare providers. The the amount that Federal revenues should be man to increase the allocations of budget au- allocation of this $20 billion cannot cause an changed for fiscal year 2001 ($150 billion over thority and outlays to the Committee on Ag- on-budget deficit in either 2004 or 2005. 5 years) to zero. In subsection (b), this level riculture for legislation related to crop in- Section 203: Reserve Fund for the Sta- is then increased as each of the reconcili- surance or other income support measures. bilization of Payments to Counties in Sup- ation bills is considered by Congress. Be- The adjustment is at the option of the chair- port of Education. The Senate amendment cause only specified bills would cause the ad- man, but must be in the amount of budget contains language providing a reserve fund justment to be made, any other bill that authority and resulting outlays provided by that would allow the chairman of the Com- would use the revenue for other purposes the bill, but may not exceed $1.355 billion in mittee on the Budget to adjust the section would be subject to a point of order. budget authority and $595 million in outlays 302(a) allocation to the Energy and Natural Section 8 provides a reserve fund of $50 bil- in fiscal year 2001, and $8.539 billion in budg- Resources Committee for legislation pro- lion that may be used for tax relief or debt et authority and $7.223 billion in outlays viding additional mandatory spending for reduction. Any part of this reserve fund used over the 5-year period. The committee notes the stabilization of receipt-based payments for tax relief would be in addition to the tax that a crop insurance bill, H.R. 2559, passed to counties that support school and road sys- relief assumed in section 2(1). If the Com- the House last year with a comparable ad- tems and also provides a portion of those mittee on Ways and Means reports legisla- justment in the fiscal year 2000 budget reso- payments toward local investments in Fed- tion reducing revenue by an amount in ex- lution (H. Con. Res 68) and has yet to be eral lands within those counties. Adjust- cess of its reconciliation instructions, sub- taken up by the Senate. ments may also be made for amendments section (b) allows the Budget Committee Section 13 sets forth the procedures for that bring the reported legislation into com- chairman to increase the aggregate level of making adjustments pursuant to the reserve pliance with the terms of this reserve fund. revenue reduction by that amount. The total funds. Subsections (a)(1) and (2) provide that The reserve fund requires that the com- increase under this section, however, may the adjustments are made only during the mittee report this legislation and that the not exceed $5.155 billion in fiscal year 2001 interval that the legislation is under consid- cost shall not exceed $200,000,000 in the first and $50 billion over 5 years. eration and do not take effect until the legis- year and not more than $1,100,000,000 for fis- Section 9 provides for an adjustment in the lation is enacted. The treatment of these re- cal years 2001 through 2005. appropriate levels of the budget resolution if serve funds is consistent with the treatment Section 204: Reserve Fund for Agriculture. the Congressional Budget Office [CBO] re- of adjustments for emergencies and other The Senate amendment contains language leases a report projecting an increase in the programs and initiatives under section 314 of providing a reserve fund that would allow on-budget surplus. If there is an increase in the Budget Act. the chairman of the Committee on the Budg- the surplus relative to the CBO estimates Subsection (a)(3) provides that in order to et to adjust the section 302 allocation to the underlying the budget resolution, the Budget make the adjustments for the reserve funds, Committee on Agriculture, Nutrition, and Committee chairman has the option to the chairman must insert appropriate lan- Forestry for legislation providing for addi- choose among any combination of the fol- guage in the Congressional Record. tional mandatory spending for assistance for lowing: increasing the allocations to the au- Subsection (b) clarifies that any adjust- producers of program crops and specialty thorizing committees; increasing the alloca- ments made under any of the reserve funds crops, enhancement for agriculture con- tion of debt held by the public; and increas- in the resolution have the same effect as if servation programs, and perhaps other pro- ing the amount of revenue reduction. The they were part of the original levels set forth grams within the committee’s jurisdiction. sum of the adjustments may not exceed the in section 3. In other words, the adjusted lev- The reserve fund can only be triggered if the projected increase in the surplus for fiscal els, after they are made, are used to enforce committee reports legislation to the Senate year 2000 and for the period of fiscal years points of order against legislation that is in- on or before June 29, 2000. Adjustments may 2001 through 2005 included in the updated consistent with the budget resolution’s allo- also be made for amendments that bring the CBO report. Additionally, section 9 permits cations and aggregates. reported legislation into compliance with the Budget Committee chairman to direct Subsection (c) clarifies that the Com- the terms of this reserve fund. The cost of the Committee on Ways and Means to report mittee on the Budget determines the esti- such legislation shall not exceed a bill reducing debt held by the public by an mates used to enforce points of order, as is $5,500,000,000 for fiscal year 2000; $1,640,000,000 amount equal to any increase in the surplus the case for enforcing budget-related points for fiscal year 2001; and $3,000,000,000 for fis- for fiscal year 2000. of order pursuant to section 312 of the Budg- cal years 2001 through 2005. Section 10 establishes a reserve fund for et Act. Section 205: Tax Reduction Reserve Fund certain Medicare-related legislation. The in the Senate. The Senate amendment con- Budget Committee chairman has the option Senate amendment tains language providing a reserve fund that to increase the allocations of budget author- Section 202: Reserve Fund for Medicare. allows the chairman of the Committee on ity and outlays to the Committees on Ways The Senate amendment contains language in the Budget to adjust the spending and rev- and Means and Commerce, and the aggre- section 202 establishing a two-part reserve enue aggregates for legislation that reduces gates for legislation providing for Medicare fund for Medicare legislation. revenues as long as the legislation does not reform and prescription drug coverage. The Subsection (a) permits the chairman of the cause an on-budget deficit for the first year adjustments are in the amounts provided by Committee on the Budget to adjust the sec- or the sum of the 5 years covered by this res- the bill for the specified purpose, but not to tion 302(a) allocation to the Committee on olution. exceed $2 billion in budget authority and Finance, and the aggregates and other appro- Section 206: Mechanism for Additional outlays in fiscal year 2001 and $40 billion in priate budgetary levels for legislation that Debt Reduction. If either or both of the tax budget authority and outlays over the 5–year provides a Medicare prescription drug ben- reconciliation bills envisioned by section 104 period. The reserve fund assumes that this efit if the cost of the legislation does not ex- of the Senate amendment or the Medicare/ legislation will not be included in a rec- ceed $20 billion over the period of fiscal years Prescription drug legislation envisioned by onciliation bill. 2001 through 2003 and the legislation does not section 202 of the Senate amendment do not Section 11 establishes a reserve fund for cause an on-budget deficit in any of these become law (because they are never enacted agriculture for fiscal year 2000. The Budget years. by the Congress or the President vetoes the Committee chairman is authorized to in- Subsection (b) provides that if the Com- measures), the Conference Agreement con- crease the allocations of budget authority mittee on Finance fails to report such legis- tains language which would allow the chair- and outlays to the Committee on Agri- lation prior to September 1, 2000, the adjust- man of the Budget Committee to reduce the culture for legislation that provides income ments permitted by subsection (a) shall be balances available on the Senate’s pay-go assistance to farmers and farm producers. made with respect to any legislation consid- scorecard and adjust the aggregates and The reserve fund is based on the assumption ered in the Senate containing a prescription committee allocations to prevent these ‘‘rec- that the legislation will be reported by the drug benefit. onciled’’ or ‘‘reserved’’ amounts from being Committee on Agriculture as a freestanding Subsection (c) permits the chairman of the used for anything other than reduction of bill, rather than included in a supplemental Committee on the Budget to adjust the sec- debt held by the public. In addition, the debt appropriations bill, as has been the case in tion 302(a) allocation to the Committee on held by the public levels shown in section previous years. The chairman of the Budget Finance and the spending aggregates for leg- 101(6) of this resolution will be reduced by Committee may make the adjustment by islation which provides an additional $20 bil- those same amounts to make clear that whatever amount of budget authority and re- lion for fiscal years 2004 and 2005 if the Com- these funds are dedicated to debt reduction. sulting outlays are provided by the bill, but mittee on Finance reports legislation that Section 214: Reserve Fund to Foster the in no event may the adjustment exceed $6 extends the solvency of the Medicare Hos- Health of Children with Disabilities and the billion in fiscal year 2000. The resolution as- pital Insurance trust fund without the use of Employment and Independence of Their sumes all of the budget authority will be ob- new subsidies from the general fund, without Families. The Senate amendment contains ligated and paid out of the Treasury in fiscal decreasing beneficiaries’ access to health language that provides a reserve fund that year 2000. care, and excludes the cost of extending and would allow the chairman of the Committee Section 12 provides a reserve fund for risk modifying the prescription drug benefit on the Budget to adjust the section 302(a) al- management or income support legislation crafted pursuant to the first part of the re- location to the Committee on Finance and April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2233 the spending aggregate for legislation which House and the Senate. Under this section, this subsection will be reduced by any facilitates children with disabilities receiv- the Budget Committee chairman of the ap- amount provided for legislation considered ing needed health care at home while still al- propriate House may adjust the revenue ag- in the Senate under subsection (a). The allo- lowing their families to become or remain gregate by the amount the legislation re- cation of this $40 billion may not cause an employed. The reserve fund can only be trig- duces revenue in excess of the reconciled on-budget deficit in any fiscal year. gered if the committee reports legislation to $11.6 billion in fiscal year 2001 and $150 bil- Section 216 of the Conference Agreement the Senate. Adjustments may also be made lion over 5 years (when all other legislation establishes a reserve fund for legislation that for amendments that bring the reported leg- reducing revenues enacted after the adoption provides assistance for producers of program islation into compliance with the terms of of this concurrent resolution has been taken and specialty crops. It applies in both the this reserve fund. This will permit such leg- into account), but not to exceed the $1 bil- House and the Senate. The Budget Com- islation to make use of any on-budget sur- lion in fiscal year 2001 and $25 billion in fis- mittee chairman of the appropriate House is pluses. However, the cost of such legislation cal years 2001 through 2005. This amount is in authorized to increase the 302(a) allocations shall not exceed $50,000,000 for fiscal year addition to any adjustment triggered by for fiscal years 2000 and 2001 for the House 2001; and $300,000,000 for fiscal years 2001 CBO’s update to The Budget and Economic Committee on Agriculture and the Senate through 2005. Outlook referred to in section 213. Committee on Agriculture, Nutrition, and Section 216: Reserve Fund for Military Re- Section 213 of the Conference Agreement Forestry by the amount of budget authority tiree Health Care. The Senate amendment establishes a reserve fund to accommodate and resulting outlays provided by the meas- contains language providing a reserve fund additional tax relief or debt reduction if the ure for the specified purpose. In no event that would allow the chairman of the Com- estimates of the projected on-budget surplus may the amount of the adjustment exceed mittee on the Budget to adjust the section increases. It applies to both the House and $5.5 billion in budget authority and outlays 302(a) allocation to the Committee on Armed the Senate. The Budget Committee chair- in fiscal year 2000, and 1.64 billion in budget Services, and other budgetary aggregates man of each House may increase the aggre- authority and outlays in fiscal year 2001. The and limits, for legislation that funds im- gate level of revenue reduction, and adjust conferees have based this reserve fund on the provements to health care programs for mili- the reconciliation instructions accordingly, assumption that it will be considered as part tary retirees and their dependents in the fis- by an amount not to exceed the projected in- of a freestanding bill reported by the author- cal year 2001 Department of Defense author- crease in the on-budget surplus as estimated izing committees rather than incorporated ization legislation. The reserve fund can only in the next update to The Budget and Eco- into an appropriations measure. be triggered if the committee reports such nomic Outlook published by the Congres- Section 217 of the Conference Agreement legislation to the Senate. The cost of such sional Budget Office [CBO]. This increase is establishes a reserve fund to accommodate legislation may not cause an on-budget def- relative to the corresponding levels as re- legislation for health programs designed to icit for fiscal year 2001 or the sum of fiscal ported in The Budget and Economic Outlook allow children with disabilities to obtain ac- years 2001 through 2005. published by CBO in March 2000 which under- cess to home health services and enable their Section 217: Reserve Fund for Early Learn- lie this budget resolution. If these additional parents to seek employment. This reserve ing and Parent Support Programs. The Sen- surpluses are not applied to additional tax fund applies to both the House and Senate. ate amendment contains language that pro- reduction, the level of debt held by the pub- The Budget Committee chairman of the ap- vides a reserve fund that would allow the lic will be automatically reduced. If CBO propriate House may make adjustments to chairman of the Committee on the Budget in projects an increase in the surplus for fiscal the 302(a) allocations of the House Commerce the House and Senate to adjust the section year 2000, this section authorizes the House Committee and the Senate Finance Com- 302(a) allocation to the Committee on Edu- Budget chairman to reduce the debt levels mittee by the amount of budget authority cation and the Workforce of the House of and direct the Committee on Ways and and outlays provided by the bill. In no event Representatives or the Committee on Means to report a bill reducing debt held by may the amount of the adjustment exceed Health, Education, Labor, and Pensions in the public by the amount of the increase in $25 million in budget authority and outlays the Senate, and other budgetary aggregates the surplus for that fiscal year. in fiscal year 2001 and $150 million in budget and limits, for legislation that improves op- Section 214 of the Conference Agreement authority and outlays over 5 years. Section 218 of the Conference Agreement portunities at the local level for early learn- establishes a reserve fund for legislation that establishes a reserve fund for legislation that ing, brain development, and school readiness provides for Medicare reform and prescrip- improves military retiree health care pro- and offers support programs for their fami- tion drug coverage. This reserve fund applies grams. It applies in both the House and Sen- lies. The cost of such legislation may not only in the House. The Budget Committee ate. The Budget Committee chairman of the cause an on-budget deficit and may not ex- chairman is authorized to increase the ap- appropriate House may increase the 302(a) al- ceed $8.5 billion in budget authority for the propriate allocations of budget authority locations for the House and Senate Commit- sum of fiscal years 2001 through 2005. and outlays to the House Ways and Means Committee and the House Commerce Com- tees on Armed Services by the amount of Conference agreement mittee, and aggregates if necessary, by the budget authority and outlays provided by Section 211 of the Conference Agreement amount of budget authority and outlays pro- the bill for the specified purpose. In no event establishes a procedure to ensure that if any vided by the measure for the specified pur- may the amount of the adjustment exceed of the reconciliation bills pursuant to sec- pose. In no event may the amount of the ad- $50 million in budget authority and outlays tions 103(a) and 104, Medicare reform/pre- justment exceed $2.0 billion in budget au- in fiscal year 2001 and $400 million in budget scription drug bills pursuant to sections 214 thority and outlays in fiscal year 2001 and $40 authority and outlays over 5 years. In addi- and 215, and other freestanding tax bills are billion in budget authority and outlays over tion, the chairman may not make an adjust- not enacted into law, then the amount of the 5 years. ment if the enactment of the legislation surplus reserved for these bills will be used Section 215 of the Conference Agreement would cause an on-budget deficit in fiscal to reduce debt. This will be displayed by per- establishes a reserve fund for Medicare in the year 2001 or the 5 year period. mitting the chairmen to reduce the advisory Senate. It contains language which estab- Section 219 of the Conference Agreement levels of debt held by the public. The chair- lishes a two-part reserve fund for Medicare establishes a new reserve fund for legislation men of the Budget Committees are author- legislation. that accelerates enrollment of uninsured ized to increase the revenue aggregates by Subsection (a) permits the chairman of the children in Medicaid and the State Chil- the difference between the assumed tax cut Committee on the Budget to adjust the sec- dren’s Health Insurance Programs or pro- and the amount of any tax cuts actually en- tion 302(a) allocation to the Committee on vides Medicaid coverage for women diag- acted after the date of the adoption of this Finance, and the aggregates and other appro- nosed with breast or cervical cancer through resolution. In the same fashion, each Chair- priate budgetary levels for legislation which the screening programs of the Centers for man may reduce the spending aggregates by provides a Medicare prescription drug ben- Disease Control. It applies in both the House the difference between the amount assumed efit if the cost of the legislation does not ex- and the Senate. The Budget Committee for Medicare reform/prescription drugs and ceed $20 billion over the period of fiscal years chairman of the appropriate House is author- the amount of spending provided by any such 2001 through 2005 and the legislation does not ized to increase the 302(a) allocations to the enacted legislation. If any changes in the ag- cause an on-budget deficit in any of these House Commerce Committee and the Senate gregates are made under this section, then years. Finance Committee by the amount of budget the Senate Budget Committee chairman is Subsection (b) permits the chairman of the authority and outlays provided by the bill. authorized to make the appropriate changes Committee on the Budget to adjust the sec- In no event may the amount of the adjust- in the Senate’s PAYGO balances. This sec- tion 302(a) allocation to the Committee on ment exceed $50 million in budget authority tion would also reduce any adjustment made Finance and other aggregates for legislation and outlays for fiscal year 2001 and $250 mil- under section 213 to the extent that the ad- which provides $40 billion for fiscal years lion in budget authority and outlays for the justments exceed the costs of enacted legis- 2001 through 2005 if the Committee on Fi- 5 year period. lation as of the date the Chairmen make the nance reports legislation which improves the Section 220 of the Conference Agreement adjustments under this section. solvency of the Medicare program without establishes a reserve fund for legislation pro- Section 212 of the Conference Agreement the use of new subsidies from the general viding for stabilization of payments to coun- establishes a reserve fund to accommodate fund and improves access to prescription ties in support of education. It applies in an additional $25 billion in tax relief or debt drugs (or continues access provided under both the House and Senate. The Budget Com- reduction. This section applies to both the subsection (a)). The amount provided under mittee chairman of the appropriate House H2234 CONGRESSIONAL RECORD — HOUSE April 12, 2000 may increase the 302(a) allocations for the tionary Spending. The Senate amendment To comply with the BEA and standardize House Committees on Agriculture and Re- contains language that is intended to empha- congressional scoring for Social Security, sources and the Senate Committee on En- size the longstanding view of the Congres- section 231 of the conference report provides ergy and Natural Resources by the amount sional Budget Committees and the Congres- clear authority to include administrative of budget authority and outlays provided by sional Budget Office that changes in reve- amounts in the 302(a) allocation to the Ap- the bill for the specified purpose. In no event nues shall not be scored in appropriations propriations Committee, even though such may the amount of the adjustment exceed legislation. This means that tax increases levels will no longer be included in the on- $200 million in budget authority and outlays shall not be used as offsets for increased dis- budget totals and function levels. in fiscal year 2001 and $1.1 billion in budget cretionary spending. The Committee on the Subsection (b) clarifies that any deter- authority and outlays over 5 years. In addi- Budget finds it necessary to set this forth in mination under section 302(f) of the Budget tion, the section requires that, for the ad- this budget resolution in response to the Act include any amounts provided in the justment to be made, the legislation must President once again asserting in his fiscal measure for discretionary administrative ex- provide for the stabilization of receipt-based year 2001 budget that an increase in tobacco penses of the Social Security Administra- payments to counties that support school taxes can be used to offset huge increases in tion. and road systems and must also provide for discretionary spending. Section 213: Application and Effect of Section 232 of the Conference Agreement a portion of those payments to be dedicated retains the language of section 211 of the toward local investments in Federal lands Changes in Allocations and Aggregates. The Senate amendment contains language that is Senate amendment. It contains language within the counties. that is designed to ensure that transfers Section 221 of the Conference Agreement is similar to the language found in section 208 of the Conference Agreement on the fiscal from non-budgetary governmental entities similar to the language included in the Sen- such as the Federal Reserve banks shall not ate amendment which provides for a reserve year 2000 budget resolution. This language clarifies how and when any adjustments to be used to offset increased on-budget spend- fund that allows the Senate chairman of the ing when such transfers produce no real Committee on the Budget to adjust the the allocations or aggregates or pay-go bal- ances permitted by the various reserve funds budgetary effects. It has long been the view spending and revenue aggregate for legisla- of the Committee on the Budget that trans- tion that reduces revenues as long as the leg- contained in the Conference Agreement may be made. fers of Federal Reserve surpluses to the islation does not cause an on-budget deficit Treasury are not valid offsets for increased for the first year or the sum of the 5 years Section 215: Exercise of Rule making Pow- ers. The Senate amendment contains lan- spending. Nonetheless, such transfers have covered by this resolution. The House has guage regarding the rule making authority been legislated in the past—as recently as standing authority to consider such legisla- of each of the Houses of Congress. the fall of 1999. The purpose of this section is tion under Section 302(g)(1)(B) of the Budget Conference Agreement to establish a scoring rule to make clear Act. that such transfers will not be taken into ac- Section 222 of the Conference Agreement Section 231 of the Conference Agreement, count when determining compliance with the sets forth the procedures by which the Budg- which applies to the House only, reflects the various Budget Act and Senate pay-go points et Committee chairman may make the ad- Senate treatment for function 650, which of order. justments for the reserve funds established consists of on-budget payments by the Treas- under this subtitle. Subsection (a) clarifies ury Department to the OASDI Trust Funds Section 233 of the Conference Agreement is that the adjustments are made only when for income taxes on Social Security benefits. similar to section 212 of the Senate amend- the measure is considered and become per- In a significant departure from the House ment. It contains language that is intended manent only when the measure is enacted. bill and from conference reports since 1991, to emphasize the longstanding view of the Subsection (b) provides that the adjusted the function 650 levels do not include the ad- congressional Budget Committees and the levels are used to enforce subsequent budget- ministrative expenses that were included in Congressional Budget Office that changes in related points of order. Subsection (c) reiter- the House resolution and in recent con- revenues included in appropriations legisla- ates the role of the Budget Committee in ad- ference reports in previous years. These ex- tion shall nonetheless be scored on the vising the presiding officer of the House re- penses were not included in the function out PAYGO scorecard. This means that tax in- garding the budgetary effects of legislation of a belated recognition that such expenses creases shall not be used as offsets for in- subject to such points of order. were taken off budget by the Budget En- creased discretionary spending. The Commit- tees on the Budget find it necessary to set MISCELLANEOUS PROVISIONS forcement Act [BEA] of 1990. Section 13301 of that Act provided, in part: this forth in this budget resolution in re- Under 301(b)(4) of the Budget Act and its sponse to the President once again asserting ‘‘(A) EXCLUSION OF SOCIAL SECURITY FROM standing authority under the U.S. Constitu- in his fiscal year 2001 budget that an increase tion, the budget resolution includes enforce- ALL BUDGETS.—Notwithstanding any other provision of law, the receipts and disburse- in taxes can be used to offset increases in ment-related provisions other than points of discretionary spending. order and reserve funds. These provisions in- ments of the Federal Old-Age and Survivors Section 234 of the Conference Agreement clude various directives relating to scoring Insurance Trust Fund and the Disability In- adopts the language contained in section 215 conventions and a reaffirmation of the rule surance Trust Fund shall not be counted as of the Senate amendment. This provision re- making authority of the U.S. Congress. new budget authority, outlays, receipts, or deficit or surplus for purposes of * * * (2) the states that the rules set forth in this budget House resolution congressional budget’’. resolution are considered a part of the rules No house provisions are included in this Nevertheless, Congress continued to in- of each House or the House to which they section. clude administrative expenses for Social Se- specifically apply. This section further rec- Senate amendment curity in function 650 because they were ognizes the constitutional right of each Section 211: Prohibition on the use of Fed- clearly discretionary—that is, they are con- House to change provisions of the resolution eral Reserve Surpluses. The Senate amend- trolled through the annual appropriations through subsequent rule making. ment contains language that is designed to process. Because section 302(a) of the Budget ECONOMIC ASSUMPTIONS ensure that transfers from non-budgetary Act provides that the allocation must be Section 301(g)(2) of the Congressional governmental entities such as the Federal ‘‘consistent’’ with the functional levels and Budget Act requires that the joint explana- Reserve banks shall not be used to offset in- aggregates, it was originally considered nec- tory statement accompanying a conference creased on-budget spending when such trans- essary to include these amounts in the func- report on a budget resolution set forth the fers produce no real budgetary effects. It has tion 650 levels and the aggregate. common economic assumptions upon which long been the view of the Committee on the The other reason for changing the treat- the joint statement and conference report Budget that transfers of Federal Reserve sur- ment of Social Security is that the Congres- are based. The conference agreement is built pluses to the Treasury are not valid offsets sional Budget Office [CBO] already excludes on the economic assumptions developed by for increased spending. Nonetheless, such Social Security administrative expenses the Congressional Budget Office [CBO] and transfers have been legislated in the past—as from its budgetary projections of on-budget presented in CBO’s The Budget and Eco- recently as the fall of 1999. The purpose of revenue, spending, and surplus or deficit lev- nomic Outlook: Fiscal Years 2001–2010. this section is to establish a scoring rule to els. As a consequence, CBO projections have make clear that such transfers will not be not been comparable to the levels underlying House Resolution.—CBO’s economic assump- taken into account when determining com- the House and Senate budget resolutions. tions were used. pliance with the various Budget Act and This has caused confusion among Members of Senate Amendment.—CBO’s economic as- Senate pay-go points of order. Congress who have sought to make compari- sumptions were used. Section 212: Reaffirming the Prohibition sons between CBO’s projections and the lev- Conference Agreement.—CBO’s economic as- on the use of Revenue Offsets for Discre- els set forth in the budget resolution. sumptions were used. ECONOMIC ASSUMPTIONS OF THE BUDGET RESOLUTION [By calendar years]

2000 2001 2002 2003 2004 2005

Real GDP (percent year over year) ...... 3.3 3.1 2.8 2.6 2.6 2.7 April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2235 ECONOMIC ASSUMPTIONS OF THE BUDGET RESOLUTION—Continued [By calendar years]

2000 2001 2002 2003 2004 2005

GDP Price Index (percent year over year) ...... 1.6 1.6 1.7 1.7 1.7 1.7 Consumer Price Inflation (percent year over year) ...... 2.5 2.4 2.5 2.5 2.5 2.5 Unemployment Rate (annual rate) ...... 4.1 4.2 4.4 4.7 4.8 5.0 3–month Treasury Bills Rate (annual rate) ...... 5.4 5.6 5.3 4.9 4.8 4.8 10–year Treasury Note rate (annual rate) ...... 6.3 6.4 6.1 5.8 5.7 5.7 Corporate (Book) Profits (percent of GDP) ...... 8.6 8.2 7.8 7.6 7.4 7.3 Wage and Salary (percent of GDP) ...... 48.8 48.8 48.9 48.9 48.9 48.9

SENSES OF THE HOUSE, SENATE AND CONGRESS Section 306. Sense of the Senate on addi- Section 339. Sense of the Senate con- House resolution tional budgetary resources. cerning investment of Social Security trust Section 307. Sense of the Senate regarding funds. The House budget resolution contains the the inadequacy of the payments for skilled Section 340. Sense of the Senate regarding following senses of the House or Congress nursing care. digital opportunity. that have no legal force but reflect the Con- Section 308. Sense of the Senate on the Section 341. Sense of the Senate regarding gress’ views on a variety of budget-related CARA programs. Medicare prescription drugs. issues. The section numbers and section Section 309. Sense of the Senate on Vet- Section 342. Sense of the Senate con- headings of these reserve funds are as fol- eran’s Medical Care. cerning funding for new education programs. lows: Section 310. Sense of the Senate on Impact Section 343. Sense of the Senate regarding Section 5(c). Sense of Congress endorsing Aid. enforcement of Federal firearm laws. legislation establishing a limit on debt held Section 311. Sense of the Senate on funding Section 344. Sense of the Senate regarding by the public. for increased acreage under the Conservation the census. Section 8(b). Sense of Congress on addi- Reserve Program and the Wetlands Reserve Section 345. Sense of the Senate that any tional health-related tax relief. Program and the Wetlands Reserve Program. increase in the minimum wage should be ac- Section 8(c). Sense of Congress on Federal Section 312. Sense of the Senate on tax companied by tax relief for small businesses. employees’ benefit package. simplification. Section 14. Sense of Congress on waste, Section 346. Sense of the Senate con- Section 313. Sense of the Senate on anti- cerning the minimum wage. fraud and abuse. trust enforcement by the Department of Jus- Section 15. Sense of Congress on providing Section 347. Sense of Congress regarding tice and Federal Trade Commission regard- funding for the participation of members of additional dollars to the classroom. ing agriculture mergers, and anti-competi- Section 16. Sense of Congress regarding the uniformed services in the Thrift Savings tive activity. Plan. emergency spending. Section 314. Sense of the Senate regarding Section 17. Sense of the House on esti- Section 348. Sense of the Senate con- fair markets for American farmers. cerning protecting the Social Security trust mates of the impact of regulations on the Section 315. Sense of the Senate on women funds. private sector. and social security reform. Section 349. Sense of the Senate con- Section 18. Sense of the House on biennial Section 316. Protection of battered women cerning regulation of tobacco products. budgeting. and children. Section 350. Sense of the Senate regarding Section 19. Sense of Congress on access to Section 317. Use of False Claims Act in after school programs. health insurance and preserving home health combating Medicare fraud. services for all medicare beneficiaries. Section 318. Sense of the Senate regarding Section 351. Sense of the Senate regarding Section 20. Sense of Congress regarding the National Guard. cash balances pension plan conversions. Medicare+Choice programs/reimbursement Section 319. Sense of the Senate regarding Section 352. Sense of the Senate con- rates. military readiness. cerning uninsured and low-income individ- Section 21. Sense of the House on directing Section 320. Sense of the Senate on com- uals in medically underserved communities. the Internal Revenue Service to accept nega- pensation for the Chinese Embassy bombing Section 353. Sense of the Senate con- tive numbers in farm income averaging. in Belgrade. cerning fiscal year 2001 funding for the Section 22. Sense of the House regarding Section 321. Sense of the Senate supporting United States Coast Guard. the stabilization of certain Federal Pay- funding of digital opportunity initiatives. Conference Agreement ments to States, counties, and boroughs. Section 322. Sense of the Senate regarding The Conference Agreement contains the Section 23. Sense of Congress on the impor- immunization funding. following non-binding language that ex- tance of the National Science Foundation. Section 323. Sense of the Senate regarding presses the will or intent of either or both Section 24. Sense of Congress regarding tax credits for small businesses providing Houses of the Congress on a variety of budg- skilled nursing facilities. health insurance to low-income employees. et-related issues: Section 25. Sense of Congress on special Section 324. Sense of the Senate on funding The Conference Agreement contains the education. for criminal justice. following senses of the House: Section 26. Sense of Congress on assumed Section 325. Sense of the Senate regarding Section 311. Sense of the House on waste, funding levels for special education. the Pell Grant. fraud and abuse. Section 27. Sense of Congress on a federal Section 326. Sense of the Senate regarding Section 312. Sense of the House regarding employee pay raise. comprehensive public education reform. emergency spending. Section 327. Sense of the Senate on pro- Section 28. Sense of Congress regarding Section 313. Sense of the House on esti- viding adequate funding for United States HCFA draft guidelines. mates of the impact of regulations on the International Leadership. Section 29. Sense of Congress on asset- private sector. Section 328. Sense of the Senate con- building for the working poor. Section 314. Sense of the House on biennial cerning the HIV/AIDS crisis. Section 30. Sense of Congress on the impor- budgeting. Section 329. Sense of the Senate regarding tance of supporting the Nation’s emergency Section 315. Sense of the House on access first-responders tribal colleges. Section 330. Sense of the Senate to provide to health insurance and preserving home Senate amendment relief form the marriage penalty. health services for all medicare bene- The Senate amendment included the fol- Section 331. Sense of the Senate on Federal ficiaries. lowing sense of the Senate or sense of the fuel taxes. Section 316. Sense of the House regarding Congress provisions: Section 332. Senate of the Senate on the in- Medicare+Choice programs/reimbursement Section 301. Sense of the Senate on con- ternal combustion engine. rates. trolling and eliminating the growing inter- Section 333. Sense of the Senate regarding Section 317. Sense of the House on direct- national problem of tuberculosis. a national background check system for ing the Internal Revenue Service to accept Section 302. Sense of the Senate on in- long-term care workers. negative numbers in farm income averaging. creased funding for the child care and devel- Section 334. Sense of the Senate con- Section 318. Sense of the House on the im- opment block grant. cerning the price of prescription drugs. portance of the National Science Founda- Section 303. Sense of the Senate on tax re- Section 335. Sense of the Senate against tion. lief for college tuition paid and for interest Federal funding of smoke shops. Section 319. Sense of the House regarding paid on student loans. Section 336. Sense of the Senate regarding skilled nursing facilities. Section 304. Sense of the Senate on in- the need to reduce gun violence in America. Section 320. Sense of the House on special creased funding for the National Institutes Section 337. Sense of the Senate supporting education. of Health. additional funding for fiscal year 2001 for Section 321. Sense of the House regarding Section 305. Sense of the Senate supporting medical care for our Nation’s veterans. HCFA draft guidelines. funding levels in Educational Opportunities Section 338. Sense of the Senate regarding Section 322. Sense of the House on asset- Act. medical care for veterans. building for the working poor. H2236 CONGRESSIONAL RECORD — HOUSE April 12, 2000 Section 323. Sense of the House on the im- of the special rule providing for the consider- Mr. CUMMINGS (at the request of Mr. portance of supporting the Nation’s emer- ation of H. Con. Res. 290 (H.Res.106–535). GEPHARDT) for today on account of offi- gency first-responders JOHN R. KASICH, cial business. Section 324. Sense of the House on addi- SAXBY CHAMBLISS, tional health-related tax relief. f CHRISTOPHER SHAYS, The Conference Agreement contains the Managers on Part of the House. SPECIAL ORDERS GRANTED following senses of the Senate: Section 331. Sense of the Senate supporting PETE DOMENICI, By unanimous consent, permission to funding levels in Educational Opportunities CHUCK GRASSLEY, address the House, following the legis- Act. C.S. BOND, lative program and any special orders Section 332. Sense of the Senate on addi- SLADE GORTON, heretofore entered, was granted to: tional budgetary resources. Managers on the Part of the Senate. (The following Members (at the re- Section 333. Sense of the Senate regarding f quest of Mr. MCNULTY) to revise and the inadequacy of the payments for skilled nursing care. RECESS extend their remarks and include Section 334. Sense of the Senate on vet- extraneous material:) eran’s medical care. The SPEAKER pro tempore. Pursu- Mr. KLECZKA, for 5 minutes, today. Section 335. Sense of the Senate on Impact ant to clause 12 of rule I, the Chair de- Ms. WOOLSEY, for 5 minutes, today. Aid. clares the House in recess subject to Mr. CROWLEY, for 5 minutes, today. Section 336. Sense of the Senate on tax the call of the Chair. Mr. HOLT, for 5 minutes, today. simplification. Accordingly (at 9 o’clock and 5 min- Mr. MENENDEZ, for 5 minutes, today. Section 337. Sense of the Senate on anti- utes p.m.), the House stood in recess Mr. FILNER, for 5 minutes, today. trust enforcement by the Department of Jus- subject to the call of the Chair. tice and Federal Trade Commission regard- Mr. BERMAN, for 5 minutes, today. ing agriculture mergers, and anti-competi- f Mrs. LOWEY, for 5 minutes, today. Mr. SHERMAN, for 5 minutes, today. tive activity. b 2255 Section 338. Sense of the Senate regarding Mr. PALLONE, for 5 minutes, today. fair markets for American farmers. AFTER RECESS Mr. TIERNEY, for 5 minutes, today. Section 339. Sense of the Senate on women Mr. MCGOVERN, for 5 minutes, today. and social security reform. The recess having expired, the House Mrs. MALONEY of New York, for 5 Section 340. Use of False Claims Act in was called to order by the Speaker pro combating Medicare fraud. tempore (Mr. HASTINGS of Washington) minutes, today. Section 341. Sense of the Senate regarding at 10 o’clock and 55 minutes p.m. Mr. BAIRD, for 5 minutes, today. Mrs. NAPOLITANO, for 5 minutes, the National Guard. f Section 342. Sense of the Senate regarding today. military readiness. REPORT ON RESOLUTION WAIVING Ms. ESHOO, for 5 minutes, today. Section 343. Sense of the Senate supporting POINTS OF ORDER AGAINST CON- Ms. KAPTUR, for 5 minutes, today. funding of digital opportunity initiatives. FERENCE REPORT ON H. CON. Ms. JACKSON-LEE of Texas, for 5 min- Section 344. Sense of the Senate on funding utes, today. for criminal justice. RES. 290, CONCURRENT RESOLU- Section 345. Sense of the Senate regarding TION ON THE BUDGET, FISCAL (The following Members (at the re- comprehensive public education reform. YEAR 2001 quest of Mr. KNOLLENBERG) to revise Section 346. Sense of the Senate on pro- Mr. GOSS, from the Committee on and extend their remarks and include viding adequate funding for United States Rules, submitted a privileged report extraneous material:) international leadership. (Rept. No. 106–578) on the resolution (H. Mr. WELDON of Florida, for 5 minutes, Section 347. Sense of the Senate con- today. cerning the HIV/AIDS crisis. Res. 475) waiving points of order Mr. PEASE, for 5 minutes, today. Section 348. Sense of the Senate regarding against the conference report to ac- Mr. WALDEN of Oregon, for 5 minutes, tribal colleges. company the concurrent resolution (H. Section 349. Sense of the Senate to provide Con. Res. 290) establishing the congres- today. relief from the marriage penalty. sional budget for the United States Mr. RADANOVICH, for 5 minutes, Section 350. Sense of the Senate on Federal Government for fiscal year 2001, revis- today. fuel taxes. ing the congressional budget for the Mr. BARTLETT of Maryland, for 5 min- Section 351. Sense of the Senate con- utes, April 13. cerning the price of prescription drugs. United States Government for fiscal year 2000, and setting forth appropriate Mr. HORN, for 5 minutes, today. Section 352. Sense of the Senate against (The following Members (at their own Federal funding of smoke shops. budgetary levels for each of fiscal request) to revise and extend their re- Section 353. Sense of the Senate con- years 2002 through 2005, which was re- cerning investment of Social Security trust ferred to the House Calendar and or- marks and include extraneous mate- funds. dered to be printed. rial:) Section 354. Sense of the Senate regarding Mr. UDALL of New Mexico, for 5 min- Medicare prescription drugs. f utes, today. Section 355. Sense of the Senate con- REPORT ON RESOLUTION PRO- Mr. SWEENEY, for 5 minutes, today. cerning funding for new education programs. VIDING FOR CONSIDERATION OF f Section 356. Sense of the Senate regarding enforcement of Federal firearm laws. H.R. 3615, RURAL LOCAL BROAD- ADJOURNMENT Section 357. Sense of the Senate that any CAST SIGNAL ACT Mr. GOSS. Mr. Speaker, I move that increase in the minimum wage should be ac- Mr. GOSS, from the Committee on companied by tax relief for small businesses. the House do now adjourn. Rules, submitted a privileged report The motion was agreed to; accord- Section 358. Sense of the Senate regarding (Rept. No. 106–579) on the resolution (H. funding for the participation of members of ingly (at 10 o’clock and 56 minutes the uniformed services in the Thrift Savings Res. 475) providing for consideration of p.m.), the House adjourned until to- Plan. the bill (H.R. 3615) to amend the Rural morrow, Thursday, April 13, 2000, at 10 Section 359. Sense of the Senate con- Electrification Act of 1936 to ensure a.m. cerning uninsured and low-income individ- improved access to the signals of local uals in medically underserved communities. television stations by multichannel f The Conference Agreement contains the video providers to all households which EXECUTIVE COMMUNICATIONS, following senses of Congress: desire such service in unserved and un- ETC. Section 302. Sense of Congress on providing derserved rural areas by December 31, additional dollars to the classroom. Under clause 8 of rule XII, executive Section 303. Sense of Congress on graduate 2006, which was referred to the House communications were taken from the medical education for Children’s Hospital. Calendar and ordered to be printed. Speaker’s table and referred as follows: PUBLIC DEBT LIMIT IN THE HOUSE f 7073. A letter from the Secretary, Depart- Rule XXIII of the Rules of the House of LEAVE OF ABSENCE ment of Agriculture, transmitting a draft Representatives provides a procedure for bill, ‘‘To amend the United States Grain changing the statutory limits on the public By unanimous consent, leave of ab- Standards Act to extend the authority of the debt. This rule, however, was waived as part sence was granted to: Secretary of Agriculture to collect fees, to April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2237 extend the authorization of appropriations on the status of efforts to obtain Iraq’s com- 7096. A letter from the Deputy Chief, Na- for such Act, and to improve the administra- pliance with the resolutions adopted by the tional Forest System, Department of Agri- tion of such Act’’; to the Committee on Agri- U.N. Security Council, pursuant to 50 U.S.C. culture, transmitting a detailed boundary culture. 1541; (H. Doc. No. 106—223); to the Committee map for the East Fork Jemez and Pecos Riv- 7074. A letter from the Secretary of the on International Relations and ordered to be ers in New Mexico, pursuant to 16 U.S.C. Navy, transmitting the proposed transfer of printed. 1274; to the Committee on Resources. the battleship ex-NEW JERSEY (BB 62) to 7085. A letter from the Assistant Secretary 7097. A letter from the Chairman, Naval the Home Port Alliance of Camden, New Jer- for Legislative Affairs, Department of State, Sea Cadet Corps, transmitting the Annual sey, a non-profit organization; to the Com- transmitting a copy of Presidential Deter- Audit Report of the Corps for the year 1999, mittee on Armed Services. mination No. 2000–12, authorizing the fur- pursuant to 36 U.S.C. 1101(39) and 1103; to the 7075. A letter from the General Counsel, nishing of military assistance to the United Committee on the Judiciary. Department of the Treasury, transmitting a Nations for purposes of supporting East 7098. A letter from the Program Analyst, draft bill, ‘‘To authorize the Secretary of the Timor’s transition to independence, pursu- FAA, Department of Transportation, trans- Treasury to instruct the United States Exec- ant to 22 U.S.C. 2601(c)(3); to the Committee mitting the Department’s final rule—Estab- utive Director to vote to approve the use of on International Relations. lishment of Class E, Glendive, MT [Airspace the International Monetary Fund of all earn- 7086. A letter from the Under Secretary, Docket No. 99–ANM–08] received February 11, ings on the investment of the profits on non- Personnel and Readiness, Department of De- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the public gold sales for the purpose of providing fense, transmitting a report on the audit of Committee on Transportation and Infra- structure. debt relief under the enhanced Heavily In- the American Red Cross for the year ending 7099. A letter from the Secretary, Depart- debted Poor Countries (‘‘HIPC’’) Initiative June 30, 1999, pursuant to 36 U.S.C. 6; to the Committee on International Relations. ment of Commerce, transmitting the 1999 and to authorize appropriations for the Annual Report of the Visiting Committee on United States contribution to the HIPC 7087. A letter from the Under Secretary for Export Administration, Department of Com- Advanced Technology of the National Insti- Trust Fund, administered by the Inter- tute of Standards and Technology (NIST), national Bank for Reconstruction and Devel- merce, transmitting a report that the De- partment of Commerce has processed the U.S. Department of Commerce, pursuant to opment’’; to the Committee on Banking and Public Law 100–418, section 5131(b) (102 Stat. Financial Services. last remaining satellite export license appli- cation that was in its queque when the juris- 1443); to the Committee on Science. 7076. A letter from the Executive Director, 7100. A letter from the Director, National Emergency Oil and Gas Guaranteed Loan diction for satellites was retransferred to the Department of State in March 15, 1999; to the Institute of Standards and Technology, De- Board, transmitting the Board’s final rule— partment of Commerce, transmitting a re- Loan Guarantee Decision; Availability of En- Committee on International Relations. 7088. A letter from the Executive Director, port on donated educationally useful Federal vironmental Information; Correction (RIN: Committee For Purchase From People Who equipment; to the Committee on Science. 3003–ZA00) received February 15, 2000, pursu- Are Blind Or Severely Disabled, transmitting 7101. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee’s final rule—Procurement for Planning and Analysis, Department of on Banking and Financial Services. Veterans Affairs, transmitting a draft bill List: Additions and Deletions—received Feb- 7077. A letter from the Executive Director, entitled, ‘‘Veterans’ Compensation Cost-of- ruary 16, 2000, pursuant to 5 U.S.C. Emergency Steel Guarantee Loan Board, Living Adjustment Act of 2000’’; to the Com- 801(a)(1)(A); to the Committee on Govern- transmitting the Board’s final rule—Loan mittee on Veterans’ Affairs. ment Reform. 7102. A letter from the Chairman, Inter- Guarantee Decision; Application Deadline 7089. A letter from the Executive Director, national Trade Commission, transmitting a (RIN: 3003–ZA00) received February 15, 2000, District of Columbia Financial Responsi- draft bill, ‘‘To provide authorization of ap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- bility and Management Assistance Author- propriations for the United States Inter- mittee on Banking and Financial Services. ity, transmitting the General Purpose Fi- national Trade Commission for fiscal year 7078. A letter from the Executive Director, nancial Statements and Independent Audi- Emergency Steel Guarantee Loan Board, 2001’’; to the Committee on Ways and Means. tor’s Report for the fiscal year ended Sep- 7103. A letter from the Commissioner, So- transmitting the Board’s final rule—Loan tember 30, 1999; to the Committee on Govern- Guarantee Decision; Availability of Environ- cial Security Administration, transmitting a ment Reform. draft bill to provide additional safeguards for mental Information; Correction (RIN: 3003– 7090. A letter from the Director, Office of ZA00) received February 15, 2000, pursuant to the Social Security and Supplemental Secu- Regulatory Management and Information, rity Income beneficiaries with representa- 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- Banking and Financial Services. tive payees; to the Committee on Ways and ting the Agency’s final rule—Uniform Ad- Means. 7079. A letter from the Executive Director, ministrative Requirements for Grants and Emergency Steel Guarantee Loan Board, 7104. A letter from the Director, Congres- Agreements with Institutions of Higher Edu- sional Budget Office, transmitting the CBO’s transmitting the Board’s final rule—Emer- cation, Hospital, and Other Non-Profit Orga- Sequestration Preview Report for FY 2001, gency Steel Guarantee Loan Board Amend- nizations—received February 8, 2000, pursu- pursuant to 2 U.S.C. section 904(b); jointly to ments (RIN: 3003–ZA00) received February 15, ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committees on Appropriations and the 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Government Reform. Budget. Committee on Banking and Financial Serv- 7091. A letter from the Chief Financial Offi- 7105. A letter from the Department of En- ices. cer, Export-Import Bank of the United ergy, transmitting the Department’s annual 7080. A letter from the Managing Director, States, transmitting the revised Annual Per- report on the Automotive Technology Devel- Federal Housing Finance Board, transmit- formance Plan for the Export-Import Bank, opment Program, Fiscal Year 1997, pursuant ting the 2000 Base Salary Structures; to the pursuant to 12 U.S.C. 635g(a); to the Com- to 42 U.S.C. 5914; jointly to the Committees Committee on Banking and Financial Serv- mittee on Government Reform. on Science and Commerce. ices. 7092. A letter from the Chief Financial Offi- f 7081. A letter from the General Counsel, cer, Export-Import Bank of the United Consumer Product Safety Commission, States, transmitting the Bank’s Annual REPORTS OF COMMITTEES ON transmitting the Commission’s final rule— Management Report for the year ended Sep- PUBLIC BILLS AND RESOLUTIONS Safety Standard for Bunk Beds—received tember 30, 1999, pursuant to 31 U.S.C. 9106; to February 22, 2000, pursuant to 5 U.S.C. the Committee on Government Reform. Under clause 2 of rule XIII, reports of 801(a)(1)(A); to the Committee on Commerce. 7093. A letter from the Chairman, Federal committees were delivered to the Clerk 7082. A letter from the Director, Office of Deposit Insurance Corporation, transmitting for printing and reference to the proper Regulatory Management and Information, a copy of the Corporation’s Annual Report calendar, as follows: Environmental Protection Agency, transmit- for calendar year 1999, pursuant to 12 U.S.C. Mr. LINDER: Committee on Rules. House ting the Agency’s final rule—Approval and 1827(a); to the Committee on Government Resolution 472. Resolution providing for con- Promulgation of Implementation Plans Reform. sideration of the bill (H.R. 3439) to prohibit State: Approval of Revisions to Kentucky 7094. A letter from the Administrator, Of- the Federal Communications Commission State Implementation Plan [KY–109–1– fice of Federal Procurement Policy, Office of from establishing rules authorizing the oper- 200007a; FRL–6533–2] received February 8, Management and Budget, transmitting a re- ation of new, low power FM radio stations 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the port on the three categories of Cost Account- (Rept. 106–575). Referred to the House Cal- Committee on Commerce. ing Standards (CAS) coverage known as endar. 7083. A letter from the Director, Office of ‘‘full,’’ ‘‘modified,’’ and ‘‘FAR’’ (Federal Ac- Mr. LINDER: Committee on Rules. House Regulatory Management and Information, quisition Regulation) coverage; to the Com- Resolution 473. Resolution providing for con- Environmental Protection Agency, transmit- mittee on Government Reform. sideration of the bill (H.R. 4199) to terminate ting the Agency’s final rule—Extending Op- 7095. A letter from the Board Members, the Internal Revenue Code of 1986 (Rept. 106– erating Permits Program Iterim Approval Railroad Retirement Board, transmitting a 576). Referred to the House Calendar. Expiration Dates [FRL–6535–2] received Feb- copy of the annual report in compliance with Mr. KASICH: Committee of Conference. ruary 8, 2000, pursuant to 5 U.S.C. the Government in the Sunshine Act during Conference report on House Concurrent Res- 801(a)(1)(A); to the Committee on Commerce. the calendar year 1999, pursuant to 5 U.S.C. olution 290. Resolution establishing the con- 7084. A communication from the President 552b(j); to the Committee on Government Re- gressional budget for the United States Gov- of the United States, transmitting a report form. ernment for fiscal year 2001, revising the H2238 CONGRESSIONAL RECORD — HOUSE April 12, 2000

congressional budget for the United States Mr. WAMP, Mr. RAMSTAD, Mr. GOSS, a marketer or vendor of firearms or ammuni- Government for fiscal year 2000, and setting Mr. ROGAN, Mr. TRAFICANT, Mr. INS- tion based on whether the manufacturer or forth appropriate budgetary levels for each LEE, Mrs. EMERSON, Mr. EHLERS, Mr. vendor is a party to a covered agreement, of fiscal years 2002 through 2005 (Rept. 106– PACKARD, Mr. SWEENEY, Mr. GOOD- and for other purposes; to the Committee on 577). Ordered to be printed. LATTE, Mr. THORNBERRY, Mr. TALENT, Government Reform, and in addition to the Mr. GOSS: Committee on Rules. House Mr. BLUNT, Mr. HALL of Texas, Mr. Committee on the Judiciary, for a period to Resolution 474. Resolution waiving points of SOUDER, Ms. DUNN, Mr. OSE, Mr. be subsequently determined by the Speaker, order against conference report to accom- SMITH of Texas, Mr. BAKER, Mr. in each case for consideration of such provi- pany the concurrent resolution (H. Con. Res. THOMAS, Mr. HULSHOF, Mr. HUTCH- sions as fall within the jurisdiction of the 290) establishing the congressional budget for INSON, Ms. ESHOO, and Mr. CAMP- committee concerned. the United States Government for fiscal year BELL): By Mr. KUYKENDALL: 2001, revising the congressional budget for H.R. 4248. A bill to amend the Controlled H.R. 4258. A bill to amend the Higher Edu- the United States Government for fiscal year Substances Act and the Controlled Sub- cation Act of 1965 to improve the program 2000, and setting forth appropriate budgetary stances Import and Export Act to prevent for the forgiveness of student loans to teach- levels for each of fiscal years 2002 through the proliferation of methamphetamine, and ers, and for other purposes; to the Com- 2005 (Rept. 106–578). Referred to the House for other purposes; to the Committee on the mittee on Ways and Means, and in addition Calendar. Judiciary, and in addition to the Committee to the Committee on Education and the Mr. LINDER: Committee on Rules. House on Commerce, for a period to be subse- Workforce, for a period to be subsequently Resolution 475. Resolution providing for con- quently determined by the Speaker, in each determined by the Speaker, in each case for sideration of the bill (H.R. 3615) to amend the case for consideration of such provisions as consideration of such provisions as fall with- Rural Electrification Act of 1936 to ensure fall within the jurisdiction of the committee in the jurisdiction of the committee con- improved access to the signals of local tele- concerned. cerned. vision stations by multichannel video pro- By Mr. GEJDENSON (for himself and By Mr. LUCAS of Oklahoma: viders to all households which desire such Mr. LANTOS): H.R. 4259. A bill to require the Secretary of service in unserved and underserved rural H.R. 4249. A bill to foster cross-border co- the Treasury to mint coins in commemora- areas by December 31, 2006 (Rept. 106–579). operation and environmental cleanup in tion of the National Museum of the Amer- Referred to the House Calendar. Northern Europe; to the Committee on Inter- ican Indian of the SMITHsonian Institution, national Relations. and for other purposes; to the Committee on f By Mr. LAFALCE (for himself, Mr. Banking and Financial Services. PUBLIC BILLS AND RESOLUTIONS VENTO, Mr. FRANK of Massachusetts, By Mr. NUSSLE (for himself, Mr. TAN- Mr. KANJORSKI, Mrs. MALONEY of New NER, Mr. BARRETT of Nebraska, Mr. Under clause 2 of rule XII, public York, Mr. GUTIERREZ, Mr. BENTSEN, MORAN of Kansas, Mr. BARCIA, Mr. bills and resolutions were introduced Ms. CARSON, Mr. MEEKS of New York, BEREUTER, Mr. BOEHNER, Mr. BOYD, and severally referred, as follows: Ms. SCHAKOWSKY, and Mrs. JONES of Mr. BUYER, Mr. CAMP, Mr. Ohio): CHAMBLISS, Mr. COOK, Ms. DANNER, By Mr. PITTS (for himself, Mr. OSE, H.R. 4250. A bill to amend the Home Owner- Mr. EWING, Mr. FOLEY, Mr. GANSKE, and Mrs. CHENOWETH-HAGE): ship and Equity Protection Act of 1994 and Mr. GILCHREST, Mr. GORDON, Mr. H.R. 4245. A bill to amend the Internal Rev- other sections of the Truth in Lending Act to GREEN of Wisconsin, Mr. GREENWOOD, enue Code of 1986 to exclude from gross in- protect consumers against predatory prac- Mr. HAYES, Mr. HAYWORTH, Mr. HOB- come payments made under Federal Govern- tices in connection with high cost mortgage SON, Mr. ISTOOK, Mr. JENKINS, Mr. ment programs for the repayment of student transactions, to strengthen the civil rem- LAHOOD, Mr. LATHAM, Mr. LEACH, Mr. loans of members of the Armed Forces of the edies available to consumers under existing MCHUGH, Mr. MCINTYRE, Mr. United States and the National Health Serv- law, and for other purposes; to the Com- NETHERCUTT, Mr. OSE, Mr. PETERSON ice Corps; to the Committee on Ways and mittee on Banking and Financial Services. of Pennsylvania, Mr. PHELPS, Mr. Means. By Mr. GILMAN (for himself, Mr. MAR- POMEROY, Mr. SHOWS, Mr. SIMPSON, By Mr. DAVIS of Virginia (for himself, KEY, Mr. BEREUTER, Mr. KUCINICH, Mr. SKELTON, Mr. SMITH of Michigan, Mr. MORAN of Virginia, Mr. Mr. COX, Mr. SPENCE, and Mr. Mr. SOUDER, and Mr. STENHOLM): CUNNINGHAM, and Mr. ROGAN): KNOLLENBERG): H.R. 4260. A bill to amend the Internal Rev- H.R. 4246. A bill to encourage the secure H.R. 4251. A bill to amend the North Korea enue Code of 1986 to exclude from net earn- disclosure and protected exchange of infor- Threat Reduction Act of 1999 to enhance con- ings from self-employment certain farm mation about cyber security problems, solu- gressional oversight of nuclear transfers to rental income and all payments under the tions, test practices and test results, and re- North Korea, and for other purposes; to the environmental conservation acreage reserve lated matters in connection with critical in- Committee on International Relations, and program; to the Committee on Ways and frastructure protection; to the Committee on in addition to the Committee on Rules, for a Means. Government Reform, and in addition to the period to be subsequently determined by the By Mr. PORTMAN: Committee on the Judiciary, for a period to Speaker, in each case for consideration of H.R. 4261. A bill to extend the temporary be subsequently determined by the Speaker, such provisions as fall within the jurisdic- suspension of duty on certain methyl esters; in each case for consideration of such provi- tion of the committee concerned. to the Committee on Ways and Means. sions as fall within the jurisdiction of the By Mr. BERRY: By Mr. PORTMAN: committee concerned. H.R. 4252. A bill to suspend temporarily the H.R. 4262. A bill to temporarily reduce the By Mr. BATEMAN (for himself and Mr. duty on Isoxaflutole; to the Committee on duty on certain methyl esters; to the Com- UNDERWOOD) (both by request): Ways and Means. mittee on Ways and Means. H.R. 4247. A bill to authorize appropria- By Mr. BRADY of Texas: By Mr. UDALL of New Mexico (for tions for fiscal year 2001 for certain maritime H.R. 4253. A bill to amend the Public himself and Mr. UDALL of Colorado): programs of the Department of Transpor- Health Service Act to provide for the expan- H.R. 4263. A bill to establish a compensa- tation, and for other purposes; to the Com- sion, intensification, and coordination of the tion and health care program for employees mittee on Armed Services. activities of the National Heart, Lung, and and survivors at the Department of Energy By Mr. CALVERT (for himself, Mr. Blood Institute with respect to research on facility in Los Alamos, New Mexico who REYES, Mrs. BONO, Mr. DOOLEY of pulmonary hypertension; to the Committee have substained beryllium, radiation-re- California, Mr. LEWIS of California, on Commerce. lated, asbestos, and hazardous substances in- Mr. BACA, Mr. CUNNINGHAM, Mr. By Mr. BRYANT (for himself and Mr. jury, illness, or death due to the performance POMBO, Mr. WOLF, Mr. BILBRAY, Mr. TANNER): of their duties, and for other purposes; to the GILMAN, Mr. DREIER, Mr. SESSIONS, H.R. 4254. A bill to suspend temporarily the Committee on the Judiciary, and in addition Mr. ENGLISH, Mr. RADANOVICH, Mr. duty on Bromoxynil Octanoate/Heptanoate; to the Committees on Education and the BAIRD, Mr. HUNTER, Mr. DOOLITTLE, to the Committee on Ways and Means. Workforce, and Ways and Means, for a period Mr. HERGER, Mr. GARY MILLER of By Mr. BRYANT (for himself and Mr. to be subsequently determined by the Speak- California, Mr. KUYKENDALL, Mr. TANNER): er, in each case for consideration of such pro- GALLEGLY, Mr. HORN, Mr. H.R. 4255. A bill to suspend temporarily the visions as fall within the jurisdiction of the NETHERCUTT, Mr. CANNON, Mr. duty on Bromoxynil Octanoate Tech; to the committee concerned. CONDIT, Mr. STUPAK, Mr. PORTER, Mr. Committee on Ways and Means. By Mr. WALSH (for himself and Mr. MICA, Mr. GIBBONS, Mr. LATHAM, Mr. By Mr. DEFAZIO: HOLDEN): MATSUI, Mr. SANDLIN, Mr. PETERSON H.R. 4256. A bill to amend the Internal Rev- H.R. 4264. A bill to amend the Energy Pol- of Pennsylvania, Mr. GUTIERREZ, Mrs. enue Code of 1986 to repeal the exclusion of icy and Conservation Act to encourage sum- TAUSCHER, Mr. THOMPSON of Cali- certain income of foreign sales corporations; mer fill and fuel budgeting programs for pro- fornia, Ms. DANNER, Mr. SMITH of to the Committee on Ways and Means. pane, kerosene, and heating oil; to the Com- Washington, Ms. SANCHEZ, Mrs. By Mr. HOSTETTLER: mittee on Commerce. NAPOLITANO, Mr. ROHRABACHER, Mr. H.R. 4257. A bill to prohibit the use of Fed- By Ms. JACKSON-LEE of Texas (for MCKEON, Mr. MCINNIS, Mr. BONILLA, eral funds to give or withhold a preference to herself, Mr. WATTS of Oklahoma, Mr. April 12, 2000 CONGRESSIONAL RECORD — HOUSE H2239

TOWNS, Mr. JACKSON of Illinois, Mrs. Republic of Belarus, the lack of progress to- H.R. 2733: Ms. MCKINNEY. CHRISTENSEN, Mr. DAVIS of Illinois, ward the establishment of democracy and H.R. 2776: Mr. ANDREWS. Mr. WYNN, Ms. MCKINNEY, Mr. EVANS, the rule of law in Belarus, calling on Presi- H.R. 2784: Mr. BAKER. Mr. FATTAH, Mrs. NAPOLITANO, Mr. dent Alyaksandr Lukashenka’s regime to en- H.R. 2812: Mr. HALL of Ohio, Ms. PELOSI, ABERCROMBIE, Mr. GEORGE MILLER of gage in negotiations with the representa- Ms. SCHAKOWSKY, Mrs. MINK of Hawaii, and California, Mr. CRAMER, Mr. BRADY of tives of the opposition and to restore the Mr. BROWN of Ohio. Pennsylvania, Mr. KENNEDY of Rhode constitutional rights of the Belarusian peo- H.R. 3032: Mrs. MORELLA, Mrs. MEEK of Island, Ms. EDDIE BERNICE JOHNSON of ple, and calling on the Russian Federation to Florida, and Mr. PALLONE. Texas, Mr. LAMPSON, Mr. HASTINGS of respect the sovereignty of Belarus; to the H.R. 3161: Mr. KENNEDY of Rhode Island. Florida, Mr. FORD, Mr. GREEN of Committee on International Relations. H.R. 3219: Mr. CUNNINGHAM, Mr. WAMP, Mr. Texas, Ms. DELAURO, Ms. LOFGREN, By Mr. COBURN (for himself, Mrs. HILLIARD, Mr. KINGSTON, Mr. BRADY of Texas, Mr. MEEHAN, Mr. KLINK, Mrs. MEEK MYRICK, Mr. PITTS, Mrs. CHENOWETH- Mr. DEAL of Georgia, Mr. PICKERING, Mr. of Florida, Ms. BROWN of Florida, Mr. HAGE, Mr. SHOWS, Mr. WELDON of BLUNT, Mr. SENSENBRENNER, Mr. CANADY of GUTIERREZ, Mr. MCGOVERN, Mr. FIL- Florida, Mr. RYAN of Wisconsin, Mr. Florida, Mr. JONES of North Carolina, Mr. NER, Mr. RANGEL, Mr. CROWLEY, Ms. DELAY, Mrs. EMERSON, Mr. BOEHNER, Mr. GRAHAM, Mr. RAMSTAD, and ROYBAL-ALLARD, Ms. NORTON, Mr. HOSTETTLER, Mr. BARCIA, Mr. BART- Mr. COOKSEY. OWENS, Mr. PAYNE, Mr. HILLIARD, Mr. LETT of Maryland, Mr. DICKEY, Mr. H.R. 3248: Mr. DEMINT. MALONEY of Connecticut, Mrs. MINK HUNTER, Mr. GREEN of Wisconsin, Mr. H.R. 3293: Mr. BOEHNER, Mr. BASS, Mr. CAL- of Hawaii, Mr. TIERNEY, Mr. REYES, SHADEGG, Mr. SMITH of New Jersey, LAHAN, Mrs. BONO, Mr. REYNOLDS, Ms. Mr. FROST, Mr. BLUMENAUER, Mr. Mr. TIAHRT, Mr. JONES of North Caro- PELOSI, Mr. HULSHOF, Mr. COSTELLO, Mr. MOORE, Mrs. CAPPS, Mr. lina, Mr. TAYLOR of Mississippi, Mr. COBURN, Mr. BORSKI, and Mr. DINGELL. FALEOMAVAEGA, Mr. SHOWS, Mr. SNY- DEMINT, Mr. LARGENT, Mr. H.R. 3320: Mr. JEFFERSON and Mr. HOEFFEL. DER, Ms. KAPTUR, Mrs. MALONEY of ADERHOLT, Mr. TERRY, Mr. SOUDER, H.R. 3327: Mr. TANCREDO. New York, Mr. BROWN of Ohio, Mr. Mr. SCHAFFER, Mr. DOOLITTLE, Mr. H.R. 3377: Mrs. JONES of Ohio. SANDERS, Mr. SPRATT, Mr. NEAL of VITTER, Mr. MCINTOSH, and Mr. H.R. 3413: Mr. MEEHAN, Ms. WOOLSEY, Mr. Massachusetts, Mr. WEINER, Mr. BRADY of Texas): PASCRELL, Mr. SAWYER, Ms. CARSON, Mr. ENGEL, Ms. BALDWIN, Mr. UDALL of H. Con. Res. 305. Concurrent resolution ex- CLAY, Mr. WEYGAND, Mr. SANDLIN, Mr. New Mexico, Mr. COYNE, Mr. DIXON, pressing the sense of the Congress that the PAYNE, Mr. KUCINICH, Mr. FORBES, Mr. Mr. LANTOS, Mr. RODRIGUEZ, Mr. presence of brain wave activity and sponta- ALLEN, Mr. GREEN of Texas, and Mr. EVANS. HINOJOSA, Mr. ORTIZ, Mr. BACHUS, neous cardiac activity should be considered H.R. 3518: Mr. ARCHER, Mr. BAKER, and Mr. Mr. BISHOP, Mr. FORBES, Mr. LEWIS of conclusive evidence of human life for legal EWING. Georgia, Ms. KILPATRICK, and Mr. purposes; to the Committee on the Judici- H.R. 3546: Mr. NADLER, Ms. EDDIE BERNICE BARRETT of Wisconsin): ary. JOHNSON of Texas, Mr. LEWIS of Georgia, Ms. H.J. Res. 98. A joint resolution supporting By Mr. MCGOVERN (for himself, Mr. SCHAKOWSKY, Mr. BRADY of Pennsylvania, the Day of Honor 2000 to honor and recognize HORN, Mr. BLUMENAUER, and Mrs. Ms. CARSON, Mr. ENGEL, and Ms. KAPTUR. H.R. 3573: Mr. YOUNG of Alaska. the service of minority veterans in the MORELLA): United States Armed Forces during World H. Con. Res. 306. Concurrent resolution ex- H.R. 3628: Mrs. JOHNSON of Connecticut. War II; to the Committee on Veterans’ Af- pressing the sense of Congress in support of H.R. 3677: Mrs. CHENOWETH-HAGE, MS. fairs. the freeze on longer combination vehicles BERKLEY, Mr. METCALF, Mr. HAYWORTH, and By Mr. ARMEY: and current Federal limitations on truck Mr. RAHALL. H. Con. Res. 303. Concurrent resolution H.R. 3825: Ms. ESHOO and Ms. KILPATRICK. size and weight; to the Committee on Trans- providing for a conditional adjournment of H.R. 3883: Mr. UDALL of Colorado. portation and Infrastructure. the House of Representatives and a condi- H.R. 3915: Mr. RANGEL, Mr. SAXTON, and By Mr. HOLT: tional adjournment or recess of the Senate; Mr. KOLBE. H. Res. 476. A resolution commending the considered and agreed to. H.R. 3916: Mr. CAMP, Mr. CRANE, Mr. present Army Nurse Corps for extending By Mr. GEJDENSON (for himself, Mr. HOUGHTON, Mr. HULSHOF, Mr. SHAW, Mr. equal opportunities to men and women, and GILMAN, Mr. LANTOS, Mr. SMITH of WELLER, Mr. JEFFERSON, Ms. DANNER. recognizing the brave and honorable service New Jersey, Mr. BLAGOJEVICH, Ms. H.R. 3980: Mr. FOSSELLA. during and before 1955 of men who served as MILLENDER-MCDONALD, Mr. UDALL of H.R. 4022: Mr. BALLENGER, Mr. CAMPBELL, Army hospital corpsmen and women who Colorado, Ms. CARSON, Mr. PHELPS, Mr. MANZULLO, and Mr. TANCREDO. served in the Army Nurse Corps; to the Com- Ms. SCHAKOWSKY, Mr. HILLIARD, Mr. H.R. 4033: Mr. GIBBONS and Mr. EHRLICH. mittee on Armed Services. SNYDER, Mr. MEEKS of New York, Ms. H.R. 4046: Mr. DEFAZIO. EDDIE BERNICE JOHNSON of Texas, Mr. f H.R. 4053: Mr. BURTON of Indiana, Mr. BURR WEXLER, Mr. DEUTSCH, Mr. SCOTT, of North Carolina, and Mr. TANCREDO. Mr. SUNUNU, Mr. BEREUTER, Mr. ADDITIONAL SPONSORS H.R. 4064: Mr. SCHAFFER, Mr. SOUDER, Mrs. CHABOT, Mr. KNOLLENBERG, Mr. SES- Under clause 7 of rule XII, sponsors CLAYTON, Mr. CHAMBLISS, Mr. POMBO, Mr. SIONS, Mr. MOAKLEY, Mr. CARDIN, Ms. were added to public bills and resolu- BARRETT of Nebraska, Mr. LUCAS of Okla- PELOSI, Mr. UPTON, Mr. OBEY, Mr. homa, Mr. HILL of Montana, Mr. HOBSON, Mr. tions as follows: MILLER of Florida, Mr. MCNULTY, Mr. LATHAM, Mr. COMBEST, Mr. HASTINGS of BLUMENAUER, Mr. RAHALL, Mr. OBER- H.R. 40: Mr. ENGEL. Washington, Mr. THORNBERRY, Mr. HUTCH- STAR, Mr. GILCHREST, Mr. DOOLEY of H.R. 72: Mr. WISE. INSON, Mr. PHELPS, Ms. DELAURO, Mr. California, Ms. WATERS, Ms. BROWN H.R. 252: Mr. SAM JOHNSON of Texas. ISTOOK, Mr. BONILLA, Mr. TERRY, Mr. of Florida, Ms. WOOLSEY, Mr. KILDEE, H.R. 531: Mr. KING and Ms. LOFGREN. COBURN, Mr. MINGE, Mr. BISHOP, Mr. BRADY Ms. RIVERS, Mrs. MINK of Hawaii, Mr. H.R. 803: Mr. RANGEL. of Texas, Mr. RYAN of Wisconsin, Mr. BOS- CASTLE, Mr. WEYGAND, Mrs. CLAYTON, H.R. 842: Mr. TRAFICANT. WELL, Mr. SHIMKUS, and Mr. GOODE. Mrs. MCCARTHY of New York, Mr. H.R. 904: Mr. TURNER and Ms. BALDWIN. H.R. 4066: Mr. BRADY of Pennsylvania, and CUNNINGHAM, Mr. BROWN of Ohio, Mr. H.R. 1083: Mr. BASS. Mr. TIERNEY. BERRY, Mr. PALLONE, Mrs. LOWEY, H.R. 1168: Mr. FLETCHER and Mr. BARRETT H.R. 4076: Ms. STABENOW. Ms. ESHOO, Mr. KLECZKA, Mr. of Wisconsin. H.R. 4085: Mrs. CHENOWETH-HAGE. KUCINICH, Mr. HASTINGS of Florida, H.R. 1287: Mr. NETHERCUTT. H.R. 4086: Mr. HUNTER, Mr. LAHOOD, Mr. Mr. HOEFFEL, Mr. BALDACCI, Mr. BER- H.R. 1329: Mr. GILCHREST. MCINNIS, Mr. MORAN of Kansas, Mr. RYAN of MAN, Mr. WAMP, Mr. STENHOLM, Mr. H.R. 1593: Mr. HALL of Ohio. Wisconsin, Mr. SHADEGG, Mr. SIMPSON, Mr. OXLEY, Mr. BARRETT of Wisconsin, H.R. 1839: Mr. SKELTON. SKELTON, Mr. THUNE, and Mr. HASTINGS of Mr. MCCOLLUM, Mr. LINDER, Mr. H.R. 1885: Mr. WYNN, Ms. DELAURO, Mr. Washington. GREEN of Texas, Mr. SPRATT, Mr. GONZALEZ, Mrs. MALONEY of New York, Mr. H.R. 4118: Mr. TANCREDO. RANGEL, Mr. PRICE of North Carolina, WICKER, and Mrs. CLAYTON. H.R. 4131: Mr. DOYLE. Mr. MCDERMOTT, Mrs. THURMAN, Mr. H.R. 2000: Mr. BONIOR, Mr. OSE, Mr. KEN- H.R. 4132: Mr. SKEEN and Mr. ALLEN. MENENDEZ, Mr. STARK, Mr. GEORGE NEDY of Rhode Island, Mr. OLVER, Mr. BROWN H.R. 4144: Mr. WHITFIELD and Mr. CRAMER. MILLER of California, Mr. BAIRD, Mr. of Ohio, Mr. FORBES, Mr. FRANK of Massa- H.R. 4154: Mr. HOSTETTLER, Mr. BAKER, and REYES, Ms. MCCARTHY of Missouri, chusetts, Mr. BACA, and Mr. PETRI. Mr. COOKSEY. Mr. CRAMER, Mr. WEINER, Mr. MINGE, H.R. 2265: Mr. DEFAZIO. H.R. 4198: Mr. STEARNS, Mr. PAUL, and Mr. Mr. LAMPSON, Mr. WYNN, Mr. BART- H.R. 2620: Mr. TURNER. DOOLITTLE. LETT of Maryland, Mr. MURTHA, Mr. H.R. 2631: Mr. KILDEE and Mrs. MCCARTHY H.R. 4199: Mrs. WILSON. PASTOR, Mr. FROST, and Ms. of New York. H.R. 4207: Mr. SMITH of New Jersey, Mr. DELAURO): H.R. 2697: Mr. MCINTOSH. WEINER, Mr. WELLER, Mr. MOAKLEY, and Mr. H. Con. Res. 304. Concurrent resolution ex- H.R. 2722: Mr. FATTAH. HYDE. pressing the condemnation of the continued H.R. 2726: Mr. WHITFIELD and Mr. LEWIS of H.R. 4215: Mr. NETHERCUTT and Mr. FOLEY. egregious violations of human rights in the Kentucky. H.R. 4236: Mr. SOUDER. H2240 CONGRESSIONAL RECORD — HOUSE April 12, 2000 H. Con. Res. 74: Ms. LOFGREN. AMENDMENTS Page 6, line 19, insert before the period the H. Con. Res. 249: Mr. DEFAZIO and Mr. VIS- Under clause 8 of rule XVIII, pro- following: ‘‘, or 6 months after the date of CLOSKY. enactment of this Act, whichever is later’’. posed amendments were submitted as H. Con. Res. 256: Mr. LATHAM, Mr. LIPINSKI, H.R. 3439 and Ms. BALDWIN. follows: H. Con. Res. 295: Mr. LANTOS. H.R. 3439 OFFERED BY: MRS. ROUKEMA OFFERED BY: MR. BARRETT OF WISCONSIN H. Con. Res. 297: Mr. SOUDER. AMENDMENT NO. 2: At the end of the bill H. Res. 398: Mr. WEYGAND, Mr. HINCHEY, AMENDMENT NO. 1: Page 4, beginning on add the following new section: Mr. ACKERMAN, Mr. WYNN, Mr. TOWNS, Mr. line 9, strike paragraph (2) through line 20 UNDERWOOD, Ms. WOOLSEY, Ms. PELOSI, Mr. and insert the following: SEC. 3. ADDITIONAL MODIFICATIONS. ENGEL, Mr. MEEHAN, Mr. BLILEY, Mr. VIS- (2) REQUIRED DURATION OF MODIFICATION; In prescribing the modifications required CLOSKY, Mr. FILNER, Mr. PORTER, and Mr. PERMANENT CONDITIONS.—The Commission by section 2(a), the Federal Communications LEVIN. shall not modify such rules to eliminate or Commission shall— H. Res. 437: Mr. CASTLE. reduce the minimum distance separations (1) permit FM commercial translators lo- H. Res. 464: Mr. WEXLER and Mr. CROWLEY. for third-adjacent channels required by para- cated in counties where there is no allocated graph (1)(A) until 6 months after the date on commercial FM station, to locally originate f which the Commission submits the report re- commercial FM programming on an unlim- quired by subsection (b)(3). No such elimi- ited basis; nation or reduction may remove such separa- (2) require such translators to abide by the DELETIONS OF SPONSORS FROM tions with respect to third-adjacent channels same rules as full service (high power) FM PUBLIC BILLS AND RESOLUTIONS occupied by stations that provide a radio stations; and Under clause 7 of rule XII, sponsors reading service to the public. The Commis- (3) permit such translators to increase sion shall not extend the eligibility for appli- their radiated power to 100 watts, using a di- were deleted from public bills and reso- cation for low-power FM stations beyond the rectional antenna, if necessary, to protect lutions as follows: organizations and entities as proposed in MM co-channel and first-adjacent channel sta- H.R. 1824: Mr. KUCINICH. Docket No. 99–25 (47 C.F.R. 73.853). tions. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, WEDNESDAY, APRIL 12, 2000 No. 46 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING MORNING BUSINESS called to order by the President pro MAJORITY LEADER The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The the previous order, there shall now be a The PRESIDENT pro tempore. To- able Senator from Colorado is recog- period for the transaction of morning day’s prayer will be offered by our nized. business not to extend beyond the hour guest Chaplain, the Reverend William f of 12 noon, with Senators permitted to K. Simmons, of Lexington, KY. speak therein for up to 5 minutes each. We are glad to have you with us. SCHEDULE Under the previous order, the time until 11:30 a.m. shall be under the con- Mr. ALLARD. Mr. President, on be- trol of the Senator from Kansas, Mr. PRAYER half of the leader, I announce that ROBERTS, and the Senator from Geor- today the Senate will be in a period of The guest Chaplain, the Reverend gia, Mr. CLELAND. William K. Simmons, offered the fol- morning business until 12 noon. Fol- The Senator from Nevada is recog- lowing prayer: lowing morning business, it is hoped nized. that an agreement can be reached re- Let’s pray together. Mr. REID. Mr. President, I suggest garding the consideration of the mar- Almighty God, this body gathers the absence of a quorum. riage tax penalty legislation. If an The PRESIDING OFFICER. The today to conduct the business of the agreement is reached, Senators may Republic. We pause to give thanks for clerk will call the roll. expect votes throughout the day. If no The legislative clerk proceeded to Your blessing on our land and to seek agreement is reached, the Senate will call the roll. Your continued care. Honor, we pray, remain in morning business, with Sen- Mr. ROBERTS. Mr. President, I ask the deliberations of these, selected by ators speaking for up to 5 minutes unanimous consent that the order for the people to represent them in guiding each. As previously announced, the the quorum call be rescinded. our Nation toward the goals of free- Senate will consider the budget resolu- The PRESIDING OFFICER. Without dom, justice, and equality for all. Give tion conference report and the McCon- objection, it is so ordered. each Member a sense of Your presence nell stock options bill prior to the Mr. ROBERTS. Mr. President, it is as he or she deliberates; may their Easter recess. my understanding that Senator judgments be those You can and will I thank my colleagues for their at- CLELAND and I have 2 hours reserved bless. tention and yield the floor. under the previous order in morning We also remember the families of The PRESIDENT pro tempore. The business. Is that correct? these present. Care for them whether Senator from Nevada. The PRESIDING OFFICER. The Sen- they be here or back home. Keep them f ate is correct. Your time is reserved safe within Your protective Spirit. until 11:30 a.m. May we always be mindful that gov- ORDER OF PROCEDURE f ernance is a sacred pact between the Mr. REID. I ask unanimous consent NATIONAL SECURITY INTERESTS government and its people. Let us not that during the period of morning busi- Mr. ROBERTS. Mr. President, I am in this seat of power fail to hear them. ness today Senators DORGAN and DUR- going to begin my remarks. We had Bless these Senators this day and in- BIN be recognized for up to 15 minutes spire them to serve the people with each. This would kind of balance out originally intended for Senator wisdom and humility. Amen. the time on both sides; that is, after CLELAND to begin this dialog. But I am the 2-hour block of time that has been going to go ahead since he has been de- f set aside for others already. tained. Then he can follow me. I do not The PRESIDENT pro tempore. Is think that is going to upset the order PLEDGE OF ALLEGIANCE there objection? at all. I thank my good friend, the distin- Without objection, it is so ordered. The Honorable WAYNE ALLARD, a guished Senator from Georgia, for this Senator from the State of Colorado, led f continued initiative and for his leader- the Pledge of Allegiance, as follows: ship in continuing our bipartisan for- RESERVATION OF LEADER TIME I pledge allegiance to the Flag of the eign policy dialog. United States of America, and to the Repub- The PRESIDING OFFICER (Mr. AL- As I said back in February during our lic for which it stands, one nation under God, LARD). Under the previous order, the first discussion, our objective is to try indivisible, with liberty and justice for all. leadership time is reserved. to achieve greater attention, focus, and

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

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VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.000 pfrm12 PsN: S12PT1 S2554 CONGRESSIONAL RECORD — SENATE April 12, 2000 mutual understanding—not to mention When we are talking about ‘‘matter,’’ War, But Now Faces Losing The Peace; Hold- a healthy dose of responsibility—in the ‘‘matter’’ in this case is stability ing Fast In The Kosovar Trap; Speculation this body in regard to America’s global and successful foreign and national se- On U.S. Domination In The Balkans; Who- role and our vital national security in- curity policy. I could not agree more. ever Believed In Multi-Ethnic Kosovo; Kosovo Calculations; The U.S. Is Playing terests. Our goal was to begin a process Senator CLELAND will go on to quote With Fire; The West Is Helpless In Kosovo; of building a bipartisan coalition, a numerous statements from foreign Mitrovica, The Shadow Of The Wall Is Back; consensus on what America’s role leaders and editorials from leading Military Intervention Against Serbia A Mis- should be in today’s ever-changing, un- international publications and com- take; U.S. and Europe Are Also Clashing In safe, and very unpredictable world. mentaries from respected observers Mitrovica; Kosovo Chaos Is A Trap For This is our second dialog. We will around the globe, from our allies and NATO; A Failure That Burns; The Difficult focus today on how we can better de- from the fence sitters and our would-be Peace. fine our vital national interests. adversaries. It goes on and on. In doing our homework, both Senator Sadly, I have to tell my colleagues This kind of reading would help us a CLELAND and I have been doing a lot of that all were very critical of U.S. for- great deal in understanding how others reading and pouring over quite a few eign policy. The basic thrust of the really think of us. The March 24 Issue books and articles and commentaries criticism, as described by Senator Focus, based on 49 reports from leading and reports and legislation and speech- CLELAND—and he will be saying this. newspapers and publications in 24 es and position papers and the like. If Again, I apologize that I started first. countries, assessed the U.S. and NATO it was printed, we read it. In the order of things, we are sort of re- policy 1 year after Operation Allied We have also been seeking the advice versing this. I am giving him a promo, Force in the bombing of Kosovo. and counsel of everybody involved—in if that is okay. At any rate, Senator Summed up, the articles conclude it is my case, the marine lance corporal CLELAND will state: time to ask some hard questions. Some about to deploy to Kosovo, to the very The United States has made a conscious unsettling headlines—again, this is a serious and hollow-faced old gentleman decision to use our current position of pre- wide variety of publications from all I visited at a Macedonian refugee dominance to pursue unilateralist foreign ideologies and the whole political spec- camp, as well as foreign dignitaries and and national security policies. trum: the military brass we admire and listen Senator CLELAND is right. Dean Jo- A War With No Results; No End To The to as members of the Armed Services seph S. Nye of the Kennedy School of Kosovo Tragedy; Europe’s Leaders Warned Of Committee, and all of the current and Government and former U.S. Assistant A New Crisis; The West Fiasco In Kosovo; former advisors and experts and think Secretary of Defense for International Halfway Results; A Year Later: Where Do We tank dwellers and foreign policy gurus Security Affairs warns about the CNN Stand; A Victory Gambled Away; No Sign Of effect in the formulation and conduct Will For Peace; Making Progress By Moving and intelligence experts. Needless to Backwards In The Balkans. say, our foreign policy and national se- of our foreign policy; the free flow of curity homework universe is ever ex- information and the shortened news Again, it goes on and on. panding and apparently without end. I cycles that have a huge impact on pub- I don’t mean to suggest that we hope I didn’t leave anybody out. lic opinion, and placing some items at should base our foreign policy on for- We both now have impressive bibliog- the top of the public agenda that might eign headlines or perceived perception raphies that we can wave around and otherwise warrant a lower priority; di- with regard to criticism in foreign put in the RECORD and we can rec- verting attention from the A list of countries. If we take the spin off, I ommend to our colleagues to prove strategic issues of vital national secu- think a case can be made that we are that our bibliography tank, as it were, rity. What am I talking about? What seeing a world backlash against U.S. is pretty full. We have very little or no does this criticism really suggest? foreign policy no matter how well-in- excuse if we are not informed. We need to take the spin off. We need tentioned. There was another book I wanted to to take off our rose-colored, hegemonic A timely article last month by Tyler bring to the attention of my col- glasses and take a hard look at the Marshall and Jim Mann of the Los An- leagues. Its title is ‘‘Going for the world and what the world thinks of us. geles Times summarized it very well Max.’’ It involves 12 principles for liv- I have a suggestion. It would only take when they said: ing life to the fullest, written by our Senators 10 minutes a day. Every Mem- The nation’s prominence as the world’s colleague and my dear friend, with a ber of the Senate can and should re- sole superpower leaves even allies very un- most appropriate and moving foreword ceive what are called ‘‘Issue Focus Re- easy. They fear Washington— from the Senate Chaplain, Dr. Lloyd ports.’’ These are reports on foreign By the way, I certainly include the Ogilvie. This is a very easy and enjoy- media reaction to the world issues of Congress— able read with a very inspirational the day. They are put out by the State has lost its commitment to international message. Department. We at least should be order. America’s dominant shadow has long Chapter 10 of MAX’s book states—and aware of what others think of us and been welcomed in much of the world as a this is important—that success is a shield from tyranny, a beacon of goodwill, an our foreign policy. Unfortunately and inspiration of unique values. But, ten years team effort, that coming together is a sadly, it is not flattering. after the collapse of Communism left the beginning, keeping together is For instance, the February 24 Issue United States to pursue its interests without progress, and working together is a Focus detailed foreign commentary a world rival, that shadow is assuming a success. from publications within our NATO al- darker character. In the State Department, That is a pretty good model for our lies, those who comprised Operation it is called the hegemony problem, a fancy efforts today and a recipe for us to Allied Force in Kosovo, headlines of 39 way of describing the same resentment that keep in mind in this body as we try to reports from 10 countries. If my col- schoolchildren have for the biggest, tough- better fulfill our national security obli- leagues will bear with me a moment, est, richest and smartest kid in school. gations and to protect our individual these are some of the headlines. This is The Marshall and Mann article goes freedoms. the Issue Focus I am talking about. It on to say that America is suffering Thank you and well done, to my dis- is a very short read. Senators could from a bad case of ‘‘me first,’’ that dur- tinguished friend. have that or could have this report at ing the administration years we have Senator CLELAND, in his remarks, their disposal every week. Again, these seen a lot of focus and it has been on will quote Owen Harries, editor of the are leading publications—some liberal, new objectives, pressing American publication, the National Interest. He some conservative, some supportive of commercial interests, the championing will point out the need for restraint in the United States and some not. Just of democracy—certainly nothing wrong regard to exercising our national as a catch-as-catch-can summary, lis- with that—and then the intervention, power. Editor Harris warned—and this ten to the headlines: militarily, to protect human rights. is what Senator CLELAND will say— Kosovo Unrest—A Domino Effect; Another They state the goals that concern the It is not what Americans think of the War?; Wither Kosovo?; Holding Back The foreign leaders are less than the man- United States but what others think of it Tide Of Ethnic Cleansing; Losing The Peace; ner in which they have been pursued, a that will decide the matter. By The Waters of Mitrovica; West Won The manner that appears inconsistent and

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.005 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2555 sporadic and capricious. The article presidency by crushing Chechnya will more will read a little of it—that, basically, cites very serious backlash. Thirty- likely continue as the national security po- what the Russians thought was the eight nations rallied to fight Iraq in liceman of all the Russias. path from Kosovo to Putin is not that What does that have to do with Kosovo? 1991. Only Britain answers to the call ‘‘Without Kosovo, Putin would not be Rus- difficult to trace. It goes through today. Today, the French—our oldest sian president today,’’ says Dimitri Simes, Chechnya. ally—along with China, India, and Rus- the Russia expert and president of the Nixon Americans may not see the connec- sia, have all discussed independently, Center. tion, but the Russians do. The Russians or in consultation, ways to counter the The path from Kosovo to Putin is not that have been operating under the assump- balance of the enormity of American difficult to trace. It goes through Chechnya. tion that to be a good international Americans may not see the connection, but citizen, they could not engage in the power. Russians do. Japan is making plans to develop an Russians had long been suffering an ‘‘Af- unilateral use of force without the gen- independent military capability. In Eu- ghan-Chechen syndrome’’ under which they eral approval of the international com- rope, pro-Americanism is on the wane. believed they could not prevail in local con- munity. Well, Kosovo certainly cured European leaders cut their teeth on the flicts purely by the use of force. Kosovo dem- them of that illusion. Finally, Russia protests of the 1960s, not the American onstrated precisely the efficacy of raw force. acquiesced in the expansion of NATO aid packages of the 1950s. The situation Russians had also been operating under the under the expectation and assurance assumption that to be a good international in Russia is especially perilous with citizen they could not engage in the unilat- that it would remain always a defen- Russians seeing secondhand treat- eral use of force without the general ap- sive alliance. I am not arguing the pros ment—by their definition—with the proval of the international community. and cons of that, but simply the reac- U.S. in regard to their continued eco- Kosovo cured them of that illusion. tion in Russia. Russians were doubly nomic morass, NATO expansion, And finally, Russia had acquiesced in the humiliated because the Balkans had Kosovo, and the American condemna- expansion of NATO under the expectation long been in their sphere of influence, and assurance that it would remain, as al- with Serbia as their traditional ally. tion of Moscow’s war against ways, a defensive alliance. Then, within 11 Chechnya. days of incorporating Hungary, Poland and The result was an intense anti-Amer- Under the banner of the law of unin- the Czech Republic, NATO was launching its ican, anti-NATO feeling engendered in tended effects, Washington Post col- first extraterritorial war. Russia, and NATO expansion had really umnist Charles Krauthammer opined The Russians were doubly humiliated be- agitated the Russian elites, and Kosovo the cost of our occupancy of Bosnia cause the Balkans had long been in their inflamed the Russian public. and Kosovo which has already cost tens sphere of influences with Serbia as their tra- So Kosovo created what has been of billions of dollars, drained our de- ditional ally. The result was intense anti- called a national security consensus. American, anti-NATO feeling engendered in fense resources, and strained a hollow Russia. NATO expansion had agitated Rus- The demand for a strong leader to do military which is charged with pro- sian elites; Kosovo inflamed the Russian what it takes to restore Russia’s stand- tecting vital American strategic inter- public. ing and status made the confrontation ests in such crises areas as the Persian Kosovo created in Russia what Simes calls with the United States a badge of Gulf, the Taiwan Strait, and also the a ‘‘national security consensus:’’ the demand honor. I will tell you, in going to Mos- Korean peninsula. But he cited another for a strong leader to do what it takes to re- cow and talking with Russian leaders store Russia’s standing and status. And it cost, as he put it, more subtle and far made confrontation with the United States a regarding the very important coopera- heavier. He said that Russia has just badge of honor. tive threat reduction programs that moved from the democratically com- The dash to Pristina airport by Russian happened to come under the jurisdic- mitted, if erratic, Boris Yeltsin to the troops under the noses of the allies as they tion of my subcommittee, you get a dictatorship of the law, as promised by entered Kosovo was an unserious way of lecture on Kosovo for a half hour even the new President, former KGB agent issuing the challenge. But the support this before you have a cup of coffee. So this Vladimir Putin. I have his article. It is little adventure enjoyed at home showed article has some merit. Russian leaders the power of the new nation- In regard to Mr. Krauthammer’s arti- called ‘‘The Path to Putin.’’ I ask alism. unanimous consent that it be printed The first Russian beneficiary of Kosovo cle: at this point in the RECORD. was then-Prime Minister Yevgeny Primakov. The first Russian beneficiary of Kosovo There being no objection, the article But it was Prime Minister Putin who under- was then-Prime Minister Primakov. But it was ordered to be printed in the stood how to fully exploit it. Applying the was Prime Minister Putin who understood RECORD, as follows: lessons of Kosovo, he seized upon Chechen how to fully exploit it. Applying the lessons provocations into neighboring Dagestan to of Kosovo, he seized upon the Chechen provo- THE PATH TO PUTIN launch his merciless war on Chechnya. It cations into neighboring Dagestan to launch (By Charles Krauthammer) earned him enormous popularity and ulti- his merciless war on Chechnya. It earned In late February, as the first anniversary mately the presidency. him enormous popularity and ultimately the of our intervention in Kosovo approached, One of Putin’s first promises is to rebuild presidency. American peacekeepers launched house-to- Russia’s military-industrial complex. We are We are now saddled with him for four house raids in Mitrovica looking for weap- now saddled with him for four years, prob- years, probably longer, much longer. ons. They encountered a rock-throwing mob ably longer, much longer. We hope the man without a face— and withdrew. Such is our reward for our glo- The Clinton administration has a con- genital inability to distinguish forest from which is how some describe Putin—we rious little victory in the Balkans: police hope we can work with him and build a work from which even Madeleine K. trees. It obsesses over paper agreements, Albright, architect of the war, admits there such as the chemical weapons treaty, which positive relationship. I think under the is no foreseeable escape. (‘‘The day may will not advance to American interests one law of unintended effects, this is a good come,’’ she wrote on Tuesday, ‘‘when a iota. It expends enormous effort on Somalia, example. Kosovo-scale operation can be managed Haiti, Bosnia and Kosovo, places of (at best) In China, obviously, the political without the help of the United States, but it the most peripheral interest to the United wounds fester in the wake of the U.S. has not come yet.’’) States. And it lets the big ones slip away. bombing of the Chinese Embassy in The price is high. Our occupations of Saddam Hussein is back building his weap- ons of mass destruction. China’s threats to Belgrade; the Taiwan issue, charges of Kosovo and Bosnia have already cost tens of espionage, and the criticism of human billions of dollars, draining our defense re- Taiwan grow. The American military is sources and straining a military (already badly stretched by far-flung commitments in rights; and continued controversy over hollowed out by huge defense cuts over the places of insignificance. Most important of whether or not Congress will approve a last decade) charged with protecting vital all, Russia, on whose destiny and direction trading status that will result in the American strategic interests in such crisis hinge the future of Eastern Europe and the U.S. simply taking advantage of trade areas as the Persian Gulf, the Taiwan Strait Caspian Basin, has come under the sway of a concessions that the Chinese have cold-eyed cop, destroyer of Chechnya and and the Korean Peninsula. made to us. But there is another cost, more subtle and heir to Yuri Andropov, the last KGB grad- uate to rule Russia. In Latin America, the lack of a so- far heavier. Russia has just moved from the called fast-track authority and U.S. democratically committed, if erratic, Boris Such is the price of the blinkered do- Yeltsin to the ‘‘dictatorship of the law’’ goodism of this administration. We will be trade policy is muddled. You can drive promised by the new president, former KGB paying the price far into the next. south into Central America and into agent Vladimir Putin. Putin might turn out Mr. ROBERTS. Charles Krautham- trade relations with our competitors in to be a democrat, but the man who won the mer points out in the article—and I the European Union. My friend from

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.008 pfrm12 PsN: S12PT1 S2556 CONGRESSIONAL RECORD — SENATE April 12, 2000 Nebraska, Senator HAGEL, who will were heavily influenced by polls, by what responsible for the Strategic Concept join us in about an hour, put it this was popular back home or what was assumed of NATO, what are we doing adopting way: to be popular. it? It worries me, first, because most of us are General Scowcroft went on to say: When the U.S. acts, should it wait for not really picking this up on our radar—this So at a period when we should have been the approval of the United Nations, sense that we don’t care about what our focusing on structures to improve the possi- seek the approval of our allies, or trading partners or allies think. It is going bility that we could actually make some strike out on its own? to come back and snap us in some ways. It changes in the way the world operated, and However, my colleagues, the biggest will be very bad for this country. some improvements, we have frittered away question remains and it was defined the time. I think never has history left us Well, the criticism from the Marshall well by retired Air Force Brigadier and Mann article becomes very harsh such a clean slate as we had in 1991. And we have not taken advantage of it. General David Herrelko who wrote in when they cite why the U.S. has be- One point on looking ahead from here. I the Dayton Daily News recently: come so aloof. I am quoting here: think we have begun engaging on a funda- ‘‘The United States needs to get a ***a President who engages only epi- mental transformation of the international grip on what our national interests are, sodically on international issues and too system with insufficient thought. what we stand for and what we can rea- often has failed to use either the personal We, NATO, President Clinton, the U.N. sonably do in the world before we can prestige or the power of his office to pursue Secretary General, are moving to replace the size our military forces and before we key foreign policy goals.***a Congress Treaty of Westphalia, replacing the notion of that cares little about foreign affairs in the the sovereignty of the nation-state with send them in harms way. We must wake of the Cold War and seems to under- what I would call the sovereignty of the indi- hammer out, in a public forum, just stand even less.***a poisonous relation- vidual and humanitarianism. That is a pro- what our national priorities are.’’ He ship between the two branches of our Gov- found change in the way the world operates. says, and I agree, we cannot continue ernment putting partisanship over national And we’re doing it with very little analysis adrift. Consider this retired military interests * * * an American public inatten- of what it is we’re about and how we want man’s following points: tive to world affairs and confused by all of this to turn out. More Americans have died in peacekeeping the partisan backbiting now that the prin- Evidenced by the Charles operations (Lebanon, Somalia, Haiti, Bosnia) cipal reference point—the evil of com- than in military actions (Iraq, Panama, Gre- munism—has all but vanished as a major Krauthammer article. nada and Yugoslavia). threat. Again I quote from the general: In Kosovo, just for example, we conducted We have a president seeking United Na- Indeed, that is a pretty harsh assess- tions approval for military intervention but ment. Aside from all the criticism and a devastating bombing of a country in an at- tempt to protect a minority within that skipping the dialogue with Congress. 20/20 hindsight—and it is easy to do country. And, as a result, we’re now pre- I might add, the Congress skips the that, trying to chart a well-defined for- siding over reverse ethnic cleansing. What’s dialog with the President. eign policy course is more complicated the difference between Kosovo and We commit our military forces before we and difficult today than ever before. Chechnya? clearly state our objectives. Both Senator CLELAND and I under- That is a question not many of us We gradually escalate hostilities and we stand that. As chairman of the newly want to ponder. leave standing forces behind. Some 7,000 now in Kosovo, and the peace- created Emerging Threats and Capa- How many people must be placed in jeop- keepers. When there was no peace, they be- bilities Subcommittee of the Senate ardy to warrant an invasion of sovereignty? came the target. Armed Services Committee, it seems as Where? By whom? How does one set prior- if we have a new emerging threat at ities among these kind of crises? General Herrelko ends his article our doorstep almost every day. I am And, events of the day, again domi- with a plea: ‘‘We are starved for mean- talking about the proliferation of nated by the so-called CNN effect, ig- ingful dialogue between the White weapons of mass destruction, rogue na- nore the same kind of core questions House and the Congress.’’ tions, ethnic wars, drugs, and ter- posed by General Scowcroft and re- I agree Mr. President and would add rorism. flected again in an article by Doyle we are starved for dialogue here in the Concluding our second hearing on the McManus the Washington Bureau Chief Senate as well and that is why we are subcommittee this session, and again of the Los Angeles Times: When should here. asking the experts, ‘‘What keeps you the United States use military power? And, as Senator CLELAND has pointed up at night?’’ the answer came back: President Clinton has argued in the out, our goal is not to achieve una- ‘‘Cyber attacks and biological attacks’’ Clinton Doctrine that Americans nimity on each and every issue but to from virtually any kind of source, and should intervene wherever U.S. power at least contribute to an effort to focus the bottom line was not if, but when. can protect ethnic minorities from attention on our challenges instead of So it is not easy, but if we are wor- genocide. I would add a later UN speech reacting piecemeal as events of the day ried about proliferation of weapons of seemed to indicate a backing off from take place. mass destruction, we should also be that position. And, goodness knows even if the for- worried about the proliferation of over- How will the United States deal with eign policy stadium is not full of inter- all foreign policy roles, not to mention China and Russia, the two great poten- ested spectators, we do have quite an the role the U.S. should play in the tially hostile powers? array of players. LA Times Bureau world today. What is the biggest threat to our na- Chief McManus has his own program: Some may say events of the day will tion’s security and how should the U.S. Humanitarian interventionists, mostly determine our strategy on a case-by- respond? Weapons of mass destruction Democrats and President Clinton with case basis. That seems to be the case. head the list of course, but the Presi- Kosovo being the prime example. Nationalist interventionists, mostly Republicans who But I say that is a dangerous path, as dent has added in terrorism, disease, evidenced by adversaries that did not would intervene in defense of democracy, poverty, disorder to the list. trade and military security. or will not believe we have the will to I know about the Strategic Concept Realists, both Republicans and Democrats respond. of NATO, when that was passed during Former National Security Adviser, I think Senator CLELAND would be in the 50-year anniversary last spring in that category. Gen. Brent Scowcroft, put it this way Washington. Those of us who read the in a speech at the Brookings Institu- skeptical about intervention but wanting the Strategic Concept and all of the mis- United States to block any concert of hostile tion National Forum, and he said this sions that entailed—moving away from in response to some questions: powers. a collective defense—we were con- Minimalists, those who think the United The nature of our approach to foreign pol- cerned about that. We asked for a re- States should stay out of foreign entangle- icy also changed from, I would say, from for- port as to whether that obligated the ments and quarrels and save its strengths for eign policy as a continuing focus of the United States to all of these missions. major conflicts. United States, which it had been for the 50 years of the Cold War, to an episodic atten- Finally, we received a report from Richard Haass, former foreign policy tion on the part of the United States, and the administration of about three advisor in the Bush administration and thus without much of a theme, and further pages. The report said we are not obli- now with the Brookings Institution, to that, a foreign policy whose decisions gated and not responsible. If we are not has defined the players in the foreign

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.009 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2557 policy program much along the same Fourth, defining U.S. National Strat- In a self-acknowledged understate- lines as Senator CLELAND did in his egy by Kim Holmes and Jon Hillen of ment, they state this is going to be a opening remarks during our first forum the Heritage Foundation, a detailed hard and tedious task. This is not easy. last month: summary of threats confronting us But it is absolutely necessary. Wilsonians who wish to assist other coun- today with appropriate commentary Now, Mr. Goodby and Mr. Weisbrode tries achieve democracy; about their priorities. are not critical per se, but they issue a Economists, who wish to promote trade, Fifth, transforming American Alli- warning and this is what we are trying prosperity and free markets; Realists, who wish to preserve an orderly ances by Andrew Krepinevvitch of the to bring to the attention of the Senate. balance of power without worrying too much Center for Strategic and Budgetary As- It is central to what Senator CLELAND what kind of states are doing the balancing; sessments. and I are trying to accomplish with Hegemonists who want to make sure the He has been of real help to us in re- these foreign policy and national secu- United States keeps its status as the only su- gard to the Emerging Threats sub- rity dialogs. perpower; committee, and also the full Com- Humanitarians, who wish to address op- The public perception and the private re- mittee on Armed Services. ality suggest worrisome disorganization and pression, poverty, hunger and environmental Sixth, a highly recommended article damage; a certain degree of impatience with a foggy And, Minimalists, who wish to avoid spend- ‘‘Back to Basics: U.S. Foreign Policy conceptual foreign policy framework. It is ing time or tax dollars on any of these mat- for the Coming Decade,’’ by James E. time to return to the basic elements of the ters. Goodby, a senior fellow at the Brook- American role in the world and to raise the I’m not sure of any of my colleagues ings Institution and former Ambas- public understanding of them. sador to Finland and Kenneth American strategic planners and policy- would want to be identified or charac- makers cannot afford to be arbitrarily selec- terized in any one of these categories Wisebrode, Director of the Inter- tive about where and when to engage U.S. but again the key question is whether national Security Program at the At- power. This would make our foreign policy or not the members of this foreign pol- lantic Council of the United States. aimless and lose the support of the American icy posse can ride in one direction and In this regard, Messrs. Goodby and people. better define our vital national inter- Weisbrode have summarized the con- They continue: cerns of Senator CLELAND and myself ests and from that definition establish We should set out each of America’s inter- priorities and a national strategy to very well when they said: ests and how they best may be achieved with achieve them. The most common error of policymakers is the cooperation of other powers. However, Fortunately, as Senator CLELAND has to fail to distinguish among our levels of in- this cannot take place until the executive pointed out, some very distinguished terest, leading to an over commitment to and legislative branches of government res- and experienced national security and higher level interests. In other words, stra- urrect the workable partnership in foreign foreign policy leaders have already pro- tegic or second tier interests, if mishandled, affairs that once existed but exists no more. can threaten vital interests. But, strategic vided several road maps that make a interests, if well understood and acted upon, And Senator CLELAND, my col- great deal of sense. What does not can support vital interests. leagues, that is why we are here today make a great deal of sense is that few Goodby and Weisbrode do us a favor and that is why we are involved in this are paying attention. by following the example of others in forum. In my personal view, we are Lawrence Korb, Director of Studies prioritizing our vital national security starved for meaningful foreign policy of the Council on Foreign Relations, in and national security dialog between a military analysis published in a pub- interests: First and vital, homeland defense the White House and the Congress and lication called ‘‘Great Decisions’’ has from threats to well being and way of within the Congress. The stakes are focused on the Powell Doctrine named life of the American people. I can’t high. after retired Joint Chiefs Chairman imagine anyone would have any quar- I recall well the meeting in Senator Colin Powell, citing the dangers of rel with that. CLELAND’s office between Senator military engagement and the need to Second and strategic, I am talking CLELAND, myself, and Senator SNOWE, limit commitments to absolutely vital about peace and stability in Europe worried about our involvement in the national interests. On the other hand, and northeast Asia and open access to Balkans. I had an amendment, we had the sweeping Clinton Doctrine empha- our energy supplies. an amendment; we passed both amend- sizes a global policing role for the Third, and of lesser interest, al- ments, setting out guidelines that the United States. though it is of interest, stability in administration would respond, saying How do we reconcile these two ap- South Asia, Latin America, Africa, and that before we spend money in regard proaches? to the defense appropriations or in the I am not sure there is only one yel- open markets favorable to the United States and to world prosperity. authorization bill, hopefully we can es- low brick foreign policy road but there tablish a better dialog, trying to figure are several good alternatives that have The authors suggest how to accom- out what our role was in regard to our been suggested: plish these goals with what they call constitutional responsibilities, I say to First, I am going to refer to what I three essential pieces of foreign policy call the ‘‘Old Testament’’ on foreign balance: my good friend, without having to policy in terms of vital national inter- First, stability and cohesion in Eu- come to the floor with appropriations ests. This is the Commission on Amer- rope and between the European Union bills and have an amendment and say ica’s National Interests, 1996. and the United States; second, mature you can’t spend the money for this Second, a national security strategy and effective relations among China, until you explain this. That is no way for a new century put out by the White Russia, and the West to include first to operate. House this past December. If you are among all others, a regular forum to It seems to me we can do a much bet- being critical, or suggesting, or if you oversee the reduction of the risk of nu- ter job. The stakes are high. have a different approach than the cur- clear weapons; and third, systematic As Carl Sandberg wrote of Ameri- rent policy, as I have been during my patterns of consultation and policy co- cans: Always there arose enough re- remarks, you have an obligation to ordination of the States benefiting serves of strength, balances of sanity, read this. The White House put this out from the global economy and positive portions of wisdom to carry the Nation as of December of 1999. relations between those States and the through to a fresh start with ever re- Third, adapting U.S. Defense to Fu- developing world. newing vitality. ture Needs by Ashton Carter former The authors also suggest the means I hope this dialog and these discus- Assistant Secretary of Defense for to their ends by looking ahead and sions, all of the priority recommenda- International Security in the first stressing the need for eventual NATO tions we have had from experts in the Clinton administration and currently and Russian cooperation and stability, field, will help us begin that fresh professor of science and international the need for a similar organization and start. We cannot afford to do other- affairs at Harvard. effort between the United States and wise. We had him testify to this before the China, Japan, Russia, and Korea, and I ask unanimous consent to have Emerging Threats Subcommittee just a lastly, American support for the printed in the RECORD a chart that out- month ago. United Nations. lines and prioritizes the vital national

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.004 pfrm12 PsN: S12PT1 S2558 CONGRESSIONAL RECORD — SENATE April 12, 2000 security interests of the United States pared by Maj. Scott Kindsvater, an There being no objection, the mate- as recommended by the many experts outstanding pilot in the U.S. Air Force rial was ordered to be printed in the and organizations I have discussed ear- and a congressional fellow in my office. RECORD, as follows: lier in my remarks. This chart was pre- DEFINING U.S. NATIONAL INTEREST

Source Vital Interests Important Interests Other Interests

‘‘A National Security Strategy for a 1. Physical security of our territory and that of our allies. 2. 1. Regions where we have sizable economic stake or commit- 1. Responding to natural and manmade disasters. 2. Promoting New Century’’; The White House; Safety of our citizens. 3. Economic well-being of our society. ments to allies. 2. Protecting global environment from severe human rights and seeking to halt gross violations of those 1/5/2000. 4. Protection of critical infrastructures from paralyzing attack harm. 3. Crises with a potential to generate substantial and rights. 3. Supporting democratization, adherence to the rule of (energy, banking and finance, telecommunications, transpor- highly destabilizing refugee flows. law and civilian control of the military. 4. Promoting sustain- tation, water systems, and emergency services). able development and environmental protection. ‘‘Americans and the World: A Sur- American public’s foreign policy priorities—1.—Prevent the vey at Century’s End,’’ Foreign spread of nuclear weapons. 2. Stop the influx of illegal drugs Policy, Spring 1999. into U.S. 3. Protect American jobs. 4. Combat international terrorism. 5. Secure adequate energy supplies.—(American foreign policy leadership priorities)—1. Prevent the spread of nuclear weapons. 2. Combat international terrorism. 3. Defend the security of U.S. allies. 4. Maintain superior military power worldwide. 5. Fight world hunger. ‘‘America’s National Interests,’’ 1. Prevent, deter, and reduce the threat of nuclear, biological, (Extremely Important)—1. Prevent, deter, and reduce the threat Just Important—1. Discourage massive human rights violations Commission on America’s Na- and chemical (NBC) weapons attacks on the United States. 2. of the use of nuclear or biological weapons anywhere. 2. Pre- in foreign countries as a matter of official government policy. tional Interests; 7/1996. Prevent the emergence of a hostile hegemon in Europe or vent the regional proliferation of NBC weapons and delivery 2. Promote pluralism, freedom, and democracy in strategically Asia. 3. Prevent the emergence of a hostile major power on systems. 3. Promote the acceptance of international rules of important states as much as feasible without destabilization. U.S. borders or in control of the seas. 4. Prevent the cata- law and mechanisms for resolving disputes peacefully. 4. Pre- 3. Prevent and, if possible at low cost, end conflicts in stra- strophic collapse of major global systems: trade, financial vent the emergence of a regional hegemon in important re- tegically insignificant geographic regions. 4. Protect the lives markets, supplies of energy, and environmental. 5. Ensure the gions, such as the Persian Gulf. 5. Protect U.S. friends and and well-being of American citizens who are targeted or taken survival of US allies. allies from significant external aggression. 6. Prevent the hostage by terrorist organizations. 5. Boost the domestic out- emergence of a reflexively adversarial major power in Europe put of key strategic industries and sectors (where market im- or Asia. 7. Prevent and, if possible at reasonable cost, end perfections may make a deliberate industrial policy rational). major conflicts in important geographic regions. 8. Maintain a 6. Prevent the nationalization of U.S.-owned assets abroad. 7. lead in key military-related and other strategic technologies Maintain an edge in the international distribution of informa- (including information and computers). 9. Prevent massive, tion to ensure that American values continue to positively in- uncontrolled immigration across U.S. borders. 10. Suppress, fluence the cultures of foreign nations. 9. Reduce the U.S. il- contain, and combat terrorism, transnational crime, and legal alien and drug problems. 10. Maximize U.S. GNP growth drugs. 11 Prevent genocide. from international trade and investment. ‘‘Adapting to U.S. Defence to Fu- A-List: Potential future problems that could threaten U.S. sur- B-List: Actual threat to vital U.S. interests; deterrable through C-List Important problems that do not threaten vital U.S. inter- ture Needs,’’ Ashton B. Carter, vival, way of life and position in the world; possibly prevent- ready forces—1. Major-Theater War in NE Asia. 2. Major The- ests—1. Kosovo. 2. Bosnia. 3. East Timor. 3. Rwanda. 4. So- Survival, Winter 1999–2000. able—1. Danger that Russia might descend into chaos, iso- ater War in Southwest Asia. malia. 5. Haiti. lation and aggression. 2. Danger that Russia and the other Soviet successor states might lose control of the nuclear, chemical and biological weapons legacy of the former Soviet Union. 3. Danger that, as China emerges, it could spawn hos- tility rather than becoming cooperatively engaged in the inter- national system. 4. Danger that weapons of mass destruction (WMD) will proliferate and present a direct military threat to U.S. forces and territory.

The PRESIDING OFFICER (Mr. For a few weeks, I wondered whether force my view of my own concern and HUTCHINSON). The Senator from Geor- I was a little bit out of touch and won- caution about America’s expanded role gia. dered whether or not this dialog on in the world, is from our first dialog Mr. CLELAND. Mr. President, I can- American foreign policy and global back in February when Owen Harries, not express strongly enough what an reach was something that was out of editor of the National Interests, honor it is to be on the floor of the touch with what was going on in the summed up his views on the appro- Senate and listen to my distinguished world. I went back home the last few priate approach for the United States colleague talk about the need for a days and in my own hometown paper in in today’s world with the following meaningful dialog on a subject that Atlanta I came across an article, a New comments: I advocate restraint be- often gets put down at the bottom of York Times piece, Anti-Americanism cause every dominant power in the last the list when it comes to public issues. Growing Across Europe. four centuries that has not practiced I am reminded of a line from one of Hello. Good morning. I realized that it, that has been excessively intrusive Wellington’s troops after the battle at what I was seeing in a daily newspaper and demanding, has ultimately been Waterloo, after the battle was won, was what I was attempting to engage confronted by a hostile coalition of that in time of war, and not before, here in terms of a perspective on our other powers. Americans may believe God of the soldier, men adore; but in global reach, a sense that we were that their country, being exceptional, time of peace, with all things righted, overcommitted in the world and yet need have no worries in this respect. I God is forgotten and the soldier slight- underfunded, a sense of mismatch be- do not agree. It is not what Americans ed. tween our ends and our means to think of the United States but what achieve those ends. I realized we really others think of it that will decide the Unfortunately, I think my dear col- were on target. matter. Anti-Americanism is growing league, Senator PAT ROBERTS, and I In my State, we say that even a blind across Europe. The distinguished Sen- have sensed that the vital interests of hog can root up an acorn every now ator from Kansas has accumulated, in the United States, the interests that and then. I think my distinguished col- a shocking way, some headlines from 40 cause us to go to war, the interests league and I from Kansas have rooted or 50 newspapers among our allies and that compel us to fight for our vital up an acorn. our friends, questioning our role, par- national interests, these basic funda- We are on to something. That is a ticularly in the Balkans, but ques- mental principles have been lost in the reason why I am strengthened in pur- tioning our exercise of power, as it shuffle. Somehow they have been suing this dialog, and I am delighted were. slighted and somehow the issue of for- we will have additional Senators enter- The foreign perspective is not one to eign policy and defense has been shoved ing into this dialog because unless we which we generally devote much atten- to the background. We have lost sight ourselves begin to define who we are as tion in the Congress, certainly after of the basis of who we are and what we a nation, what we want out of our role the cold war is over, but our attention are about as we go into the 21st cen- as a nation, and where we want to go to foreign affairs has been slight. We do tury, which is why we have tried and how we exercise our power, unless not really devote much attention to through this dialog to call attention to we decide it, it will occur by happen- foreign affairs and consideration of our this issue. stance. We will move from crisis to cri- foreign policy options unless we are We have some wonderful colleagues sis. We will not have a plan and we will threatened. joining in our dialog, including my fel- end up in places in the world where we I am delighted Senator ROBERTS is low Vietnam veteran, Senator KERREY, know not of what we speak. sitting as the chairman of the Emerg- and Senator HAGEL, as well as Senator One of the quotes I have come across, ing Threats Subcommittee in the HUTCHINSON and Senator KYL. one of the lines that continues to rein- Armed Services Committee. He has his

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.013 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2559 eye on the ball, certainly an emerging I think I am correct that Jack Ken- When I first came to Washington 30- ball in terms of threats to our country. nedy once indicated we would seek a some-odd years ago as a young intern, I think the overall threat is that we do world where the strong are just and the I found out there could not be a con- not realize one could occur now that weak preserved. Because we are strong spiracy here. We are not that well or- the cold war is over. now, I think we have to have an inordi- ganized. There cannot be a I think, also, one of the emerging nate sense of being just. But these are unilateralist conspiracy in the world threats, from my point of view, is that all voices from countries that have not by the United States—we are not that we will overcommit and overexpand traditionally been close to the United well organized. What has evolved is a and overreact and, instead of being States. Let’s look, then, at some of our sense in which we have moved from cri- only a superpower working with others NATO allies, nations with whom we sis to crisis and looked at power vacu- and sharing power, we will wind up im- presumably share the closest relation- ums and said, ‘‘We need to be there.’’ posing—by default, almost, in the ships and common interests. I like the notion that General power vacuums around the world—a In a commentary from February of Shelton has about the use of American pax Americana that cannot be sus- last year in Berlin’s Die Tageszeitung, military power. He says: tained by the will of the people in this a German writer observes: We’ve got a great hammer, but not every country—again, a mismatch between There is a growing number of people with problem in the world is a nail. means and ends. more and more prominent protagonists who I do like President Kennedy’s insight, But it is important, as Mr. Harries are at odds with American supremacy and too, that there is not necessarily an suggests, to focus on this issue. who are inclined to see the action of the State Department as a policy of interests. American solution for every problem in I have spent some time, over recent the world. months, as has the distinguished Sen- And Washington is offering no reason to deny the justification of these reservations. Yet we act as if there is. If one looks ator from Kansas, reviewing what for- As unilateral as possible and as multilateral at the outcomes of recent American eign opinion makers and leaders are as necessary—that’s the explicit maxim foreign policy debates, it is easy to see saying about the United States. While under which U.S. President Bill Clinton has how those viewing us from a distance we may think, as I do, that our country pursued his foreign and defense policies in might come to such a conclusion. Since has not made a clear choice about our the last 2 years. I have come to the Senate, the U.S. global role, the view from abroad is From Italy, an Italian general ex- Government through the combined ef- very different. Many people think we pressed the following view in the De- forts of the executive and the legisla- have chosen the path we are now on. cember 1999 edition of the Italian geo- tive branches—what are, relatively A Ukrainian commentator, in the political quarterly LiMes: speaking, nondiscussions, I might Kiev newspaper Zerkalo Nedeli, wrote The condition all the NATO countries as a add—has made the following decisions: in April of last year: whole find themselves in is closer to the con- Withheld support from the inter- Currently, two opinions are possible in the dition of vassalage with respect to the world— the U.S. opinion and the wrong opin- United States than it is to the condition of national landmines treaty; rejected ju- ion.... alliance. NATO is not able to influence the risdiction by the new international He said the U.S. policy of the United States because its exist- criminal court; been slow to pay off ence in effect depends on it. No member long overdue arrears to the United Na- . . . has announced its readiness to act as countries are able to resist the American it thinks best, should U.S. interests require tions; rejected the current applica- pressures because their own resources are of- this, despite the United Nations. And let bility of international emissions stand- ficially at the disposal of everybody and not those whose interests are violated think ards set at Kyoto; rejected fast-track just the United States. about it and draw conclusions. This is the international trade negotiating author- current world order or world disorder. What evidence do our foreign friends ity for the President; rejected the Com- That, from Kiev. cite for such concerns? The influential prehensive Test Ban Treaty, appar- The influential Times of India edito- left-of-center Dutch daily NRC ently committed to a national missile rialized in July of last year: Handelsblad wrote last October: defense system which will violate the New Delhi should not lose sight of the kind The U.S. Senate’s rejection of the Com- ABM Treaty; and established a prin- of global order the U.S. is fashioning. prehensive Test Ban Treaty does not just represent a heavy defeat for President Clin- ciple of ‘‘humanitarian intervention’’ NATO’s policies towards Yugoslavia and the where national sovereignty can be vio- U.S.-led military alliance’s new Strategic ton. Far more important are the con- Concept are based on the degradation of sequences for world order of treaties de- lated without United Nations sanction international law and a more muscular ap- signed to stop the proliferation of weapons of under certain circumstances. proach to intervention. Such a trend is cer- mass destruction and hence boost world se- My purpose here is not to argue for tainly not in India’s interest. curity.... or against any of these individual posi- So India has concluded: Why don’t we According to this newspaper in the tions; for, indeed, I have supported go it alone? Why don’t we develop our- Netherlands: some of them as, indeed, have virtually selves as a nuclear power? Unfortunately, the decision fits in with a every Member of the Congress and the The President of Brazil was quoted growing tendency on the part of U.S. foreign administration. But, as far as I know, on April 22 of last year in an interview policy to place greater emphasis on the not one of us has supported them all. with a Sao Paulo newspaper as to his United States’ own room for maneuver and If the Republican congressional ma- less on international cooperation and tradi- jority has been largely responsible for views about the United States: While tional idealism. President Cardoso was generally sym- the actions rejecting multilateral com- In a similar vein, the Times of Lon- pathetic to the United States and sup- mitments and entanglements in the na- don carried a commentary last Novem- portive of good bilateral relations be- tional security sphere, it is my party, ber. It said: tween our two countries, the President the Democrats, who has taken the lead The real fear is of an American retreat, not of Brazil nonetheless expressed certain in opposing international trade obliga- to isolationism, but to unilateralism, exacer- tions, and the Democratic administra- misgivings about our approach to bated at present by the post-impeachment international relations. weakness of President Clinton and his stand- tion which has espoused the cause of He said: off with the Republican Congress. That’s humanitarian interventions in viola- The United States currently constitutes shown by the Senate’s rejection of the Com- tion of national sovereignty. In short, the only large center of political, economic, prehensive Test Ban Treaty, the stalling of the sum total of our actions has been technologic, and even cultural power. This free trade initiatives, and the refusal to pay far more unilateral than any of us country has everything to exert its domain arrears to the United Nations. The U.S. is would have intended or carved out for on the rest of the world, but it must share it. seen as wayward and inward-looking. ourselves. There must be rules, even for the stronger While there are some exceptions, the This is relatively incoherent, and I ones. When the strongest one makes deci- majority of statements I looked at ex- can see why other nations might view sions without listening, everything becomes pressed the view the United States has a bit more difficult. In this European war, us as more organized than we are. NATO made the decision, but who legalized indeed made the conscious decision to It is also very damaging to our na- it? That’s the main problem. I am convinced use our current position of predomi- tional interest and is one of the major more than ever that we need a new political nance to pursue unilateralist foreign motives for our efforts to promote this order in the world. and national security policy. development of a bipartisan consensus

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.015 pfrm12 PsN: S12PT1 S2560 CONGRESSIONAL RECORD — SENATE April 12, 2000 through these floor debates. We have to in morning business and that the dis- out the policies decided in Washington get back to some basic understanding tinguished Senator from Georgia has 1 are showing the visible strains of this of who we are and what we are doing in hour; is that correct? mismatch between our commitments the world. The PRESIDING OFFICER. There and our resources. They deserve better As was discussed in our first dialog, are 2 hours under the control of both from us. there are certainly some leading voices Senators. I hope other Senators had an oppor- among America’s foreign policy think- Mr. ROBERTS. I inform my col- tunity to watch Senator ROBERTS’ dis- ers who do, indeed, advocate a leagues that Senator HUTCHISON of cussion of our national interests during unilateralist course for America in the Texas and Senator HAGEL will be tak- our February 24 dialog. If not, I com- post-cold-war era, but not even that ing part, and I think perhaps Senator mend my colleagues’ attention to those group actually believes we have actu- KERREY will be coming to the floor. remarks as printed in the CONGRES- ally embarked upon that course. Very Senator HAGEL will be arriving in SIONAL RECORD of that date. few believe we are willing to invest suf- about 9 minutes. If my distinguished In brief, he stated the opinion, which ficient resources today to even pursue colleague wants to summarize any I share, that in the post-cold-war the somewhat less demanding other comments or perhaps go over the world, our country has had a hard time multilateralist approach which seems Commission on America’s National In- in prioritizing our national interests, to have more support among our for- terests, I think now is the time to do leading to confusion and inconsistency. eign policy establishment. so, if he is prepared to do that. He went on to cite the July 1996 report The direct danger to America from Mr. CLELAND. Mr. President, I want by the Commission on America’s Na- this mismatch between means and to add some additional comments, if tional Interests, of which he was a ends, between our commitments and that is all right with my distinguished member, along with our colleagues our forces, between our aspirations and colleague. Senators JOHN MCCAIN and BOB our willingness to pay to achieve them Earlier, I spoke about the mismatch GRAHAM and my distinguished prede- is one of the central concerns for our between the goals of American foreign cessor, Sam Nunn. discussion today and one I will turn to policy and the means we employ in Of particular relevance to our topic later. However, I want to conclude achieving them. Whether one espouses today of defining and defending our na- these opening remarks with an obser- a unilateralist or multilateralist ap- tional interests, the Commission found: vation about indirect consequences of proach, or something in between, most For the decades ahead, the only sound this situation with respect to the credi- of those with a strong interest in foundation for a coherent, sustainable Amer- bility of American foreign policy American foreign policy have major ican foreign policy is a clear public sense of abroad. goals for that policy, whether in pre- American national interests. Only a na- The chief of the research department venting the emergence of global rivals tional-interest-based foreign policy will pro- of the Japanese Defense Agency’s Na- or in promoting the spread of democ- vide priorities for American engagement in the world. Only a foreign policy grounded in tional Institute for Defense Studies racy, whether in halting the spread of wrote in March of last year: American national interests will allow weapons of mass destruction or in pro- America’s leaders to explain persuasively (O)pinion surveys in the United States tecting human rights. Yet today we de- how and why specific expenditures of Amer- show that people are inclined to think that vote a little over 1 percent of the Fed- ican treasure or blood deserve support from the United States should bear as little bur- America’s citizens. dens as possible even though the country eral budget for international affairs, should remain the leader in the world. This compared to over 5 percent in 1962 in As my colleagues will note from the thinking that the United States should be the middle of the cold war. charts I have, the Commission went on the world’s leader but should not bear too Of particular concern to me as a to divide our national interests into much financial burden may be contradictory member of the Armed Services Com- four categories. They defined ‘‘vital in- in context, but is popular among Americans. mittee, since the 1980s we have gone terests’’ as those: This serves as a warning to the international from providing roughly 25 percent of Strictly necessary to safeguard and en- community that the United States might get the budget for national defense to 18 hance the well-being of Americans in a free at first involved in some international oper- and secure nation. ations but run away later in the middle of percent today. We have reduced the ac- the operations, leaving things unfinished. tive-duty armed forces by over one- And as Senator ROBERTS has dis- cussed, and you can see on the chart, Because we do not have a comprehen- third but have increased overseas de- sive strategy, because we do not talk ployments by more than 300 percent. I they found only five items which to each other enough, because we do have often said we have, as a country, reached that high standard. In addition to attempting to identify not have a proper dialog, particularly both feet firmly planted on a banana our national interests, the commission in this body, and because we move from peel. We are going in opposite direc- also addressed the key issue of what we crisis to crisis in our foreign policy and tions. That cannot last. We have a mis- should be prepared to do to defend come up with different solutions for match between our commitments and different situations without a clear un- our willingness to live up to those com- those interests: derstanding of who we are and where mitments. We are sending a mixed For ‘‘vital’’ national interests, the United States should be prepared to commit itself to we are going, we are sending a mixed message abroad. What is the result of all of this? fight, even if it has to do so unilaterally and message to even our best friends. without the assistance of allies. To me, the case is clear: If we are to Newspapers reported that last Novem- But there is a lower priority than avoid misunderstandings at home and ber, for the first time in a number of that. abroad, if we are to prevent unwanted years, the U.S. Army rated 2 of its 10 Next in priority come ‘‘extremely and unintended conclusions and con- divisions as unprepared for war. Why important interests’’—these are not sequences, as the distinguished Senator were they unprepared for war? Because vital; but they are extremely impor- from Kansas mentioned, about our ob- they were bogged down in the Balkans. tant—defined as those which: jectives, we have to pull together and That was never part of the deal going . . . would severely prejudice but not forge a coherent, bipartisan consensus into the Balkans, that an entire U.S. Army division would be there for an in- strictly imperil the ability of the U.S. Gov- to guide our country in the uncertain ernment to safeguard and enhance the well- waters of the 21st century. Those who definite period of time. No wonder being of Americans in a free and secure came before us and built this country these other two divisions were unpre- nation— into the grand land it is today, and pared for war because they had ele- And for which: those who will inherit it from us in the ments in the Balkans doing something the United States should be prepared to com- years ahead deserve no less. else—not fighting a war, but peace- mit forces to meet threats and to lead a coa- I am honored to yield to the distin- keeping missions. lition of forces, but only in conjunction with guished Senator from Kansas. The services continue to struggle in a coalition or allies whose vital interests are The PRESIDING OFFICER. The Sen- meeting both retention and recruiting threatened. ator from Kansas. goals, and the service members and Next, third, we have another set of Mr. ROBERTS. Parliamentary in- their families with whom I meet and interests. These are called ‘‘just impor- quiry: I believe I have 1 hour reserved who are on the front lines in carrying tant interests.’’ They are not vital, not

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.017 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2561 necessary. These are important, which Samuel P. Huntington writes in the Mr. President, I yield the floor. would have major negative con- March/April edition of Foreign Affairs: The PRESIDING OFFICER. The Sen- sequences: Neither the Clinton administration nor ator from Kansas. The United States should be prepared to Congress nor the public is willing to pay the Mr. ROBERTS. First, again, I thank participate militarily, on a case-by-case costs and accept the risks of unilateral glob- my good friend, the distinguished Sen- basis, but only if the costs are low or others al leadership. Some advocates of American ator from Georgia, for this continued carry the lion’s share of the burden. global leadership argue for increasing de- initiative and his leadership in what we Finally, last, comes the most numer- fense expenditures by 50 percent, but that is think is a bipartisan foreign policy dia- ous but lowest priority category of a nonstarter. The American public clearly sees no need to expend effort and resources log. I hope it is successful. ‘‘less important or secondary inter- to achieve American hegemony. In one 1997 We said back in February during our ests,’’ which: poll, only 13 percent said they preferred a first discussion that our objective was Are intrinsically desirable but that have preeminent role for the United States in to try to achieve greater attention, no major effect on the ability of the U.S. world affairs, while 74 percent said they focus, and mutual understanding—not government to safeguard and enhance the wanted the United States to share power to mention a healthy dose of responsi- well-being of Americans in a free and secure with other countries. Other polls have pro- bility—in this body in regard to our nation. duced similar results. Public disinterest in international affairs is pervasive, abetted by global role. My colleagues in the Senate, this is I repeat again, in chapter 10 of the exactly the kind of exercise—of defin- the drastically shrinking media coverage of foreign events. Majorities of 55 to 66 percent Senator’s book that he has provided to ing and differentiating our national in- every Senator, with a marvelous intro- terests, and of gauging the proper kind of the public say that what happens in west- ern Europe, Asia, Mexico, and Canada has duction by our Chaplain, the Senator and level of response for protecting little or no impact on their lives. However stated that success is a team effort, such interests—that we need to be en- much foreign policy elites may ignore or de- that coming together is a beginning, gaging in if we are to bring coherence plore it, the United States lacks the domes- keeping together is progress, and work- and effectiveness to our post-cold war tic political base to create a unipolar world. ing together is success. That is a pret- foreign and national security policy. American leaders repeatedly make threats, ty good motto for our efforts today, as Everything is not the most important promise action, and fail to deliver. The re- well as a recipe for our foreign policy thing to do. Everything is not nec- sult is a foreign policy of ‘‘rhetoric and re- goals. essarily in America’s vital interest to treat’’ and a growing reputation as a ‘‘hollow hegemon.’’ I am very privileged to yield 15 min- do. It is, in my judgment, what we utes to the distinguished Senator from must do in considering our policies, One of my favorite authors on war and theorists on war, Clausewitz, put it Nebraska, Mr. HAGEL. He is a recog- particularly toward the Balkans and nized expert in the field of inter- now with a plan in Colombia to involve this way: Since in war too small an effort can result national affairs, and more especially, a ourselves in a war against strong backer of free trade. I seek his narcotraffickers in Colombia. We need not just in failure but in positive harm, each side is driven to outdo the other, which sets advice and counsel often on the very to do several things. We need to ask up an interaction. Such an interaction could matters that we are talking about. ourselves: How vital are our interests lead to a maximum effort if a maximum ef- I am delighted he has joined us. I in those areas? And what are we will- fort could be defined. But in that case, all yield 15 minutes to the distinguished ing to pay to protect those interests? proportion between action and political de- Senator and my friend. What about the role of other coun- mands would be lost: means would cease to The PRESIDING OFFICER. The Sen- be commensurate with ends, and in most tries, who, for reasons of history and ator from Nebraska. geography, may have even greater na- cases a policy of maximum exertion would fail because of the domestic problems it Mr. HAGEL. Mr. President, first, let tional interests at stake? me acknowledge the leadership of my Senator ROBERTS pointed out back in would raise. I think we are maximally committed colleagues from Georgia and Kansas for February the similarities between the bringing attention and focus to an area Commission on America’s National In- around the world. I think we have to that does not often get appropriate terests list of ‘‘vital’’ interests and re- review these commitments because I focus. It is about international af- lated compilations by other groups and am not quite sure we have the domes- fairs—the connecting rods to our lives individuals. I believe, for example, that tic will to follow through on them or in a world now that is, in fact, globally the commission’s definitions of ‘‘vital’’ the budgets to take care of them. We connected. and ‘‘extremely important’’ national do not want to risk failure. That global community is under- interests are quite compatible with the Once again, I thank all of the Sen- pinned by a global economy. There is relevant portions of the January 2000 ators who have joined in today’s dis- not a dynamic of the world today, not White House ‘‘National Security Strat- cussion. I have benefitted from their an action taken nor a consequence of egy for a New Century.’’ The conflicts comments, and encourage all of our that action, that does not affect Amer- will lie in applying these general prin- colleagues of whatever party and of ica, that does not affect our future. I ciples to specific cases. That is what whatever views on the proper U.S. am grateful that Senators CLELAND and Senator ROBERTS and I intend to do global role to join in this effort to ROBERTS have taken the time and the with the remaining sessions of these bring greater clarity and greater con- leadership to focus on an area of such global role dialogs, including such ap- sensus to our national security policies plications as the role of our alliances through these dialogs. Our next session importance to our country. I point out an op-ed piece that ap- and the decision on when and how to will be on the role of multilateral orga- peared in Monday’s Washington Post, intervene militarily. nizations, including NATO and the However, from my perspective, United Nations, and is scheduled to written by Robert Kagan, and I ask though we may have some implicit occur just after the Easter break. unanimous consent that the article be common ground as to our most impor- During the Easter break I intend to printed in the RECORD. tant national interests and what we go visit our allies and friends in NATO, There being no objection, the edi- should be prepared to do in defending in Belgium, to go to Aviano to get a torial was ordered to be printed in the them, in the real world where actions background briefing on how the air war RECORD, as follows: must count for more than words and in the Balkans was conducted, to go on [From the Washington Post, Apr. 10, 2000] where capabilities will inevitably be to Macedonia and into Kosovo itself to A WORLD OF PROBLEMS ... given greater weight than intentions, see our forces there. That would be (By Robert Kagan) the picture we too often give to the over the Easter break. I will go back Call me crazy, but I think it actually world—of unilateralist means and nar- through London to get a briefing from would serve the national interest if George rowly self-interested ends—and to our our closest ally, our British friends. W. Bush spent more time talking about for- I hope to come back to the Senate in eign policy in this campaign. Not to slight own citizens—of seemingly limitless the importance of his statements on the en- aspirations but quite limited resources a few weeks with a more insightful vironment and the census. But perhaps Bush we are willing to expend in achieving view of what we should do, particularly and his advisers can find time to pose a sim- them—is surely not what we should be in that part of the world, regarding our ple, Reaganesque question: Is the world a doing. responsibilities. safer place than it was eight years ago?

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.020 pfrm12 PsN: S12PT1 S2562 CONGRESSIONAL RECORD — SENATE April 12, 2000 A hundred bucks says even James Carville he is clumsy on foreign policy. Bush may not the easy choice, and all bad. Normally can’t answer that question in the affirma- be a foreign policy maven, but he’s got some our foreign policy and every dynamic tive—at least not with a straight face. A facts on his side, as well as some heavy hit- of that foreign policy, be it foreign aid, brief tour d’horizon shows why. ters. Colin Powell, Dick Cheney, Goerge Shultz and Richard Lugar, instead of whis- be it national security interests, be it IRAQ geopolitical interests, falls somewhere As the administration enters its final pering in W.’s ear, could get out in public and help build the case. John McCain could between all good and all bad. It is a dif- months, Saddam Hussein is alive and well pitch in, too. ficult position to have to work our way and Baghdad, pursuing his quest for weapons The offensive can’t start soon enough. The of mass destruction, free from outside in- through. administration has been adept at keeping With this weekend’s upcoming an- spection and getting wealthier by the day the American people in a complacent torpor: through oil sales while the sanctions regime nual meetings for the IMF and the Raising the national consciousness about the World Bank and the number of guests against him crumbles. The next president sorry state of the world will take time. And may see his term dominated by the specter if Bush simply waits for the next crisis be- who will be coming to Washington—I of Saddam Redux. fore speaking out, he will look like a drive- suspect not exactly to celebrate the THE BALKANS by shooter. Bush also would do himself, his IMF and the World Bank and the World You can debate whether things are getting party and the country a favor if he stopped Trade Organization and other multilat- better in Bosnia, or whether Kosovo is on its talking about pulling U.S. troops out of the eral organizations—it is important way to recovery or to disaster. And Clinton Balkans and elsewhere. Aside from such talk that we bring some perspective to the deserves credit for intervening in both crises. being music to Milosevic’s ears, Republicans question that fits very well into the But Slobodan Milosevic is still in power in in Congress have been singing that neo-isola- larger question Senators ROBERTS and Belgrade, still stirring the pot in Kosovo and tionist tune for years, and the only result is on the verge of starting his fifth Balkan has been to make Clinton and Gore look like CLELAND have asked; that is, is the war in Montenegro. Milosevic was George Harry Truman and Dean Acheson. world better off with a World Trade Or- Bush Sr.’s gift to Bill Clinton; he will be Some may say it’s inappropriate to ‘‘politi- ganization, with a world trade regime, Clinton’s gift to Al Gore or George Jr. cize’’ foreign policy. Please. Americans its focus being to open up markets, CHINA-TAIWAN haven’t witnessed a serious presidential de- break down barriers, allow all nations bate about foreign policy since the end of the Even Sinologists sympathetic to the Clin- to prosper? And how do they prosper? Cold War. Bush would do everyone a service ton administration’s policies think the odds They prosper through free trade. Un- by starting such a debate now. He might of military conflict across the Taiwan Strait even do himself some good. Foreign policy derpinning the free trade is individual have increased dramatically. Meanwhile, the won’t be the biggest issue in the campaign, liberty, individual freedom, emerging administration’s own State Department ac- but in a tight race, if someone bothers to democracies, emerging markets. knowledges the steady deterioration of Bei- wake the people up to the world’s growing We could scrap the World Trade Or- jing’s human rights record. Good luck to Al dangers, they might actually decide that ganization, 135 nations, and go back to Gore if he tries to call China policy a suc- they care. cess. a time, pre-World War II, that essen- Mr. HAGEL. Mr. Kagan is a senior as- tially resulted in two world wars, WEAPONS PROLIFERATION sociate at the Carnegie Endowment for where there would be no trading re- Two years after India and Pakistan ex- ploded nuclear devices, their struggle over International Peace. He echoes what gime. Those countries that are now Kashmir remains the likeliest spark for the Senators ROBERTS and CLELAND have locked in poverty have to go it on their 21st century’s first nuclear confrontation. If talked about; that is, the vital inter- own. That is too bad. We can scrap the this is the signal failure of the Clinton ad- ests of our country in world affairs. He World Trade Organization. While we ministration’s nonproliferation policies, suggests that America’s two Presi- are at it, have the IMF and the World North Korea’s and Iran’s weapons programs dential candidates this year, Governor Bank added to any prosperity in the come in a close second and third. Even the Bush and Vice President GORE, focus world? Have they made mistakes? Yes. administration’s intelligence experts admit attention in the remaining months of Let’s examine some of the underlying that the threat to the United States has and most critical and realistic dynam- grown much faster than Clinton and Gore this Presidential campaign on inter- anticipated. And where is the missile defense national issues. He lays out a number ics of instability in the world. We do system to protect Americans in this fright- of areas in the world that are of vital know that when there is instability, ening new era? consequence and concern to not only there is no prosperity and there is no HAITI AND COLOMBIA those particular regions but to the peace. What causes instability? After nobly intervening in Haiti to restore United States. Let’s examine what it is that causes a democratically elected president in 1994, The point is, others are coming to instability. When you have nations the administration has frittered away the the same conclusions and realizations trapped in the cycle of hopelessness past 51⁄2 years. Political assassinations in as our friends from Georgia and Kan- and the perpetuation of that cycle be- Haiti are rife. Prospects for stability are sas: that international relations is the cause of no hope, no future, poverty, bleak. Meanwhile, the war in Colombia completeness of all of our policies— hunger, pestilence, what do we think is rages, and even a billion-dollar aid program trade, national security, economy, geo- going to happen? History is rather may not prevent a victory by narco-guer- complete in instructing us on this rillas. When the next president has to send politics. It is, in fact, a complete pol- troops to fight in Colombia or to restore icy. point: conflict and war. When there is order in Haiti, again, he’ll know whom to We are living in a most unique time conflict and war, is there an oppor- thank. in history, a time when everything is tunity to advance the causes of man- RUSSIA possible. We live in a time when we can kind? No. Why is that? Let’s start with Even optimists don’t deny that the elec- do more good for mankind than ever in no trading. There are no markets. Do tion of Vladimir Putin could be an ominous the history of the world. Why is that? we really believe we can influence the development. The devastation in Chechnya It deserves some perspective and some behavior of nations with no contact, no has revealed the new regime’s penchant for review. engagement, no trade? I don’t think so. brutality. Over the last 50 years, it has been the As many of our guests who are arriv- Add to all this the decline of the armed multilateral organizations of the ing now in Washington, who will pa- forces—even the Joint Chiefs complain that world, beginning with the visionary rade up and down the streets, burning the defense budget is tens of billions of dol- lars short—and you come up with a story of and foresighted leadership of Harry the effigies of our President and the failure and neglect. Sure, there have been Truman after World War II and a Re- Congress and the World Trade Organi- some successes: NATO expansion and, publican Congress, working jointly to zation and the IMF and the World maybe, a peace deal in Northern Ireland. Be- develop and implement multilateral Bank—and I believe sincerely their mo- fore November, Clinton could pull a rabbit policies and organizations such as the tives are pure; that they wish to pull out of the hat in the Middle East. But United Nations, such as what was born up out of abject poverty the more than Jimmy Carter had successes, too. They did at Breton Woods, the IMF, the World 1.5 billion people in the world today, not save him from being painted as an inef- Bank, trade organizations, multilateral which is a worthy, noble cause—I think fectual world leader in the 1980 campaign. Bush maybe gun-shy about playing up for- peace, financial organizations—all are the record over the last 50 years is eign policy after tussling with John McCain imperfect, all are flawed. But in the rather complete in how that has been in the primaries. But Gore is no McCain. He real world, as most of us understand, done to help other nations over the last is nimble on health care and education, but the choice is seldom between all good, 50 years do that a little differently

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.006 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2563 than tearing down the multilateral in- But think of it in this context. If Mrs. HUTCHISON. Up to 15 minutes, stitutions that have added to pros- America decides that its burden is too or if someone else is scheduled in, let perity and a better life and a hope for heavy, whether that be in the area of me know. mankind. contributions to the United Nations, to Mr. ROBERTS. Mr. President, I will I will share with this body a couple of NATO, wherever we are around the soon yield to the Senator from Texas. facts from the 1999 Freedom House sur- world, as an investment, we believe in She has been a champion on behalf of vey. Most of us know of the organiza- markets, in freedom, in opportunity, in our men and women in uniform. She is tion called Freedom House. It issued less war, less conflict, a future for our a former member of the Armed Serv- its first report in 1978. This is what children, for whatever reason, if we be- ices Committee, now a very valued and Freedom House issued on December 21, lieve we are too far extended—and that influential member of the Appropria- 1999: 85 countries out of 192 nations is a legitimate question—and we will tions Committee. These are the folks today are considered free. That rep- have an ongoing dynamic debate on the who have the obligation and responsi- resents 44 percent of the countries in issue and we should remind ourselves bility to pay for a military that I be- the world today. That is the second of this—the next great nation on lieve today is stressed, strained, and largest number of free countries in the earth—and there will be a next great somewhat hollow, unfortunately. history of man. That represents 2.34 nation if America chooses to recede I think Senator HUTCHISON, probably billion people living in free countries back into the cold, gray darkness of more than any other Senator, has been with individual liberties, 40 percent of mediocrity—that next great, powerful very diligent expressing concern and all the people in the world. Fifty-nine nation may not be quite as judicious alerting the Senate and the Congress countries are partly free, 31 percent of and benevolent with its power as Amer- and the American people as to our the countries. That represents 1.5 bil- ica has been with our power. That is commitments abroad, what is in our lion people living in partly free coun- not the world that I wish my 7-year-old vital national security interests, and tries, 25 percent of the world’s popu- and 9-year-old children to inherit. the problems we have talked about re- lation. If there is an additional burden—and garding an overcommitment. What are the real numbers? Seventy- there is—for America to carry on to be The Senator has come to me on re- five percent of the countries, largest in the world’s leader, for me, it is not peated occasions when proposing the history of mankind, are living in only worthy of the objective to con- amendments. Sometimes she has with- either free or partly free countries. tinue to help all nations and raise all drawn them, and other times she has Forty-eight countries not free. That nations’ opportunities, but realisti- proceeded but always prompting a de- represents 25 percent of the population cally, geopolitically, it is the only an- bate on the Senate floor where there of the world. swer for the kind of world that we want literally has been none in regard to our What does that mean? Let’s go back not just for our children but for all military policy and when we commit and examine about 100 years ago where children of the world. the use of force. She has pointed out, I the world was. At the turn of the cen- So rather than tear down organiza- think in excellent fashion, the paradox tury, no country on Earth, including tions and tear down trade regimes and of the enormous irony that we have in the United States, had universal suf- tear down organizations that are fo- Bosnia where we are supporting a par- frage. Less than 100 years ago, the cused on making the world better, we titioned kind of society among three United States did not allow women to should ask our friends who are coming ethnic groups, or nationalities; where- vote, and there were other human to Washington this week to give us cre- as, just to the south, in Kosovo, our rights violations we accepted in this ative solutions and be part of those goal is to somehow promote a multi- country. My point is, the United States creative solutions. ethnic society where the divisions are must be rather careful not to moralize at least equal to that in Bosnia. Mr. President, I am grateful for an and preach to the rest of the world. Senator HUTCHISON not only comes to opportunity to share some thoughts Yes, we anchor who we are on the foun- the floor and expresses her opinion, but and hopefully make a contribution to dation of our democracy and equal her opinion is based on facts and on ac- what my friend from Georgia and my rights, but it even took America 250 tually being present in the area with friend from Kansas have been about years to get as far as we have come. which we are concerned. She has been a today and earlier in our session. This So we should, if nothing else, at least repeat visitor to Bosnia, Kosovo, and will continue throughout this year be- be mindful of that as we dictate to every troubled spot I can imagine, in- cause through this education and this other countries. Now, as we examine a cluding Brussels and Russia. She does information and this exchange of number of the points that have been more than talk to officials. Senator thoughts and ideas we will fundamen- made this morning and will be made HUTCHISON, when she goes on a co-del, tally broaden and deepen the founda- throughout the next few months about not only talks to the briefing folks, but tion of who we are as a free nation and foreign policy, it is important for us to she actually goes out to the people in- not be afraid of this debate in front of have some appreciation and lend some volved and talks about their daily the world. It is the debate, the border- perspective to not only the tremendous lives, their individual freedoms, their less challenges of our time—terrorism, progress that has been made in the pocketbooks. She talks to these folks weapons of mass destruction, the world today, and the hope we have for individually and gives us a healthy scourge of our time, illegal drugs—that tomorrow, and the ability and the op- dose of common sense and reality when must be confronted and dealt with as a portunities we have to make the world she is reporting on it. We are glad to body of all nations, all peoples. Under- better—and it is fundamentally about welcome her to this debate. I yield the standing and dealing with these funda- productive capacity, individual free- Senator 15 minutes. doms, trade, free markets, private in- mental challenges and issues are in the Mrs. HUTCHISON. Mr. President, I vestment, rule of law, rights, contract common denominator, mutual self-in- thank the Senators for taking time on law, all that America represents, all terest of all peoples. the Senate floor to discuss an issue that three-fourths of the world coun- Again, I am grateful for their leader- which is not before us this very tries and population represent. It is so- ship. I yield the floor. minute, but it is something that re- lutions, creative solutions, for which The PRESIDING OFFICER (Mr. L. quires much more thought, much more we are looking. CHAFEE). The Senator from Kansas is long-term debate in the Senate. Creative solutions will come as a re- recognized. I commend the leadership of these sult of imaginative and bold leader- Mr. ROBERTS. Mr. President, I two distinguished members of the ship. As I have said often when I have thank the distinguished Senator for his Armed Services Committee on a bipar- been challenged about America’s role very valuable contribution and for tak- tisan basis. Certainly, both have served in the world and is America burdening ing part. in our military quite honorably, and itself with too much of a role—inciden- How much time does the Senator especially Senator CLELAND, who has tally, what should our role be? That is from Texas need? We have approxi- given so much for our country. I say a legitimate debate. But I have said mately 25 minutes still remaining thank you for setting aside this time. I this: America has made its mistakes. under morning business. look forward to participating on future

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.025 pfrm12 PsN: S12PT1 S2564 CONGRESSIONAL RECORD — SENATE April 12, 2000 occasions that you are setting aside for without formal declaration of war that refused to act on their own, insisting discussion of the big picture items. would be required by Congress, and not they could not take military action I think one of the problems we face only for emergencies such as repelling without a commitment of U.S. troops. today is we haven’t truly come to grips sudden attacks that were envisioned by That was not the case. Our European with what America’s role in the world our founders. allies have sophisticated military is in the post-cold-war era. The issues Congress is being gradually excluded forces. We should have been ready with you are bringing forth are exactly what in its constitutional role in foreign pol- backup assistance with heavy air and we should be setting out in order to icy. The consultation process is bro- sea support, intelligence monitoring, have a policy in the post-cold-war era ken, and it must be fixed. supplies, and logistical coordination, that allows the United States to take In a representative democracy such but they did not need our combat lead- its rightful place and do the very best as ours, elected officials must stand up ership for a regional conflict that could job we can for America and for our al- and be counted when the fundamental be contained by their own superb lies around the world. decisions of war and peace are made. ground forces. It is an understatement to say that I believe it is important for Congress Second, we should not get involved in the United States is the world’s only to reclaim its deliberate role intended civil conflicts that make us a party to superpower. In pure military terms, we by the Constitution. I have proposed the conflict. We learned this with trag- are a colossus. Our troops are in Japan, limits on the duration and size of a ic consequences in Somalia when we Korea, throughout Europe, and in the force that can be deployed without con- got in between warring forces trying to Middle East. We guard countless other gressional approval. I have proposed capture one warlord. Yes, Serbia has a nations. We keep tyrants in check from that the President be required to iden- terrible leader. And it was tempting to Baghdad to Pyongyang to Belgrade. No tify the specific objectives of a mission punish him with our military force. other nation has ever wielded such prior to its approval by Congress. But look who pays the price with many military power. Too often operations such as those innocent civilians in Serbia as well. Leadership on this scale requires dis- we have seen in Bosnia, and now Often these types of missions are ones cretion, the confidence to know the Kosovo, become open ended with no in which our allies can do a better job right course, and the will to pursue it— milestone to measure success, no mile- because oftentimes it takes more the confidence to know when not to en- stone to measure failure, and no exit money and it is less efficient for Amer- gage but to encourage others to do so. strategy. ican troops to do peacekeeping mis- True leadership is striking out on a It is the hallmark of this administra- sions. When we commit 10,000 troops, it is right course of action grounded in a tion for the United States to go into not 10,000 troops. It is 10,000 troops on central philosophy of advancing the regional crises and displace friendly, the ground and 25,000 troops in the sur- American national interests. Simply local powers who share our goal and rounding perimeter to protect them. put, both our allies and our enemies could act effectively on their own. In This is because American troops are al- must know what to expect from the Kosovo, we fought and sustained an ways the target wherever they are, as United States of America. We must al- unsustainable government. We are try- they were in Somalia and as they have ways be strong. We must rely upon di- ing to prevent the realignment of a re- been in Kosovo. You are never going to plomacy to maintain much of our lead- gion where the great powers have tried hear me say we should not have the and failed many times to impose their ership. But when diplomacy fails, glob- protection force. Of course, we are al leadership may require the use of will on ancient hatred and atrocities. In fact, I am interested in working going to have the protection force if military force. our troops are involved. with others to see if we can address When and how should the United I have heard it said by many in our this issue. We must condition future States use our military power? military who come home from overseas There was a time when the answer peacekeeping funds on the requirement that if there is an incident, it is going was clear. During the cold war, we de- that the administration reconvene the to be against us. termined we should only use military parties to the Dayton peace accords I have heard our military people say force when our vital national interests that ended in the Bosnia conflict, and if they are walking with other groups were clearly threatened. In the cold those involved in the Rambouillet of military on parade, that people who war, there was a clear military focus talks that resulted in Kosovo, and are wishing to protest will let the on a threat we could easily identify. other regional interests. Turks go by, the French go by, and the We knew that if we acted, the Soviets We must review the progress we have Brits go by. They wait for the Ameri- would react. There was a clarity. made and begin developing a long-term cans to hurl the epitaphs. We have to Today, however, because we are the settlement based on greater self-deter- have a protection force. But that is not only superpower, we are often called mination by the governed and less the case for many of our allies. upon to act when there is a crisis any- wishful thinking by outside powers. Third, why not help those who are where in the world. Leadership in this This will probably involve tailoring the willing to fight for their own freedom? instance requires much more discipline current borders to fit the facts on the The administration seems to see no op- than in the past. ground. But this will create the condi- tion between doing nothing and bomb- In our political system, that dis- tion for a genuine stability and recon- ing someone into the stone age. There cipline comes from the checks and bal- struction. When we take up further are, too often, other options. These op- ances that have been built into it. funding of Bosnia and Kosovo, I am not tions that we ignore, and sometimes The only clear authority our Con- going to try to determine the outcome even oppose, include local forces will- stitution grants to the President in of these talks, but it is essential that ing to fight for their own freedom. committing our forces to conflict is in we reconvene the parties to see where In Bosnia, for example, since 1991, we the role of Commander in Chief to de- we are. For Heaven’s sake, that is a have maintained an arms embargo on ploy troops. But equally clear in the modest proposal from the world’s only the Muslim forces who wanted, and Constitution, Congress alone has the superpower. begged, to be able to fight for them- power to declare war, to raise and sup- Years ago, President Nixon laid out selves. I met with them many times. I port an Army, and to provide for the principles on how our military forces have been to Bosnia and that region Navy. should be used overseas. Based upon his seven times. I am going again next Our framers couldn’t have been more principles, I offer the following outline week. I am going to have Easter serv- clear on this issue. They did not break for a rational superpower to try to ices with the great 49th Division, the with the monarchy in England to es- bridge the ethical question: reserve unit that is in control of the tablish another monarchy in America. First, we should acknowledge that peacekeeping mission in Bosnia. Con- They feared placing in the hands of the bold leadership means war is the last gress voted to lift the arms embargo President the sole power to commit to resort—not the first. We cannot let our and allow the Muslims to have arms to war and also implement that war. Yet, allies and our enemies suck us into re- defend themselves, but the administra- especially in the last 50 years, Presi- gional quicksand. This is what hap- tion opposed it. For 3 years the Mus- dents have sent our troops into conflict pened in Bosnia and Kosovo. Our allies lims and Croats were routed because

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.027 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2565 they could not fight. They didn’t have parts of the world there is a danger of Mr. ROBERTS. Mr. President, I now the arms. But the Croats got the arms, someone getting a long-range missile ask for its second reading, and I object they ignored the arms embargo, and tipped with a germ warhead provided to my own request. they fought back. When they did, by Saddam Hussein and paid for by The PRESIDING OFFICER. The ob- President Milosevic cut a deal. Osama Bin Laden. jection is heard. I think we need to look at the option A reasonable division of labor—based The bill will be read the second time of helping people who are willing to on each ally’s strategic interests and on the next legislative day. help themselves rather than keep a unique strengths—would be more effi- Mr. ROBERTS. I yield the floor. cient and more logical. fight artificially unfair. f Fourth, we should not even threaten What has been the result of our the use of troops except under clear unfocused foreign relations? Qualified ELIMINATION OF DISCRIMINATION policies. One clear policy should be if personnel are leaving the services in AGAINST WOMEN the security of the United States is at droves. In the past 2 years, half of Air Force pilots eligible for continued serv- Mr. CLELAND. I understand Senate risk. When should we deploy our Resolution 286 expressing the sense of troops? We need a higher standard than ice opted to leave when offered a $60,000 bonus. the Senate that the U.S. Senate Com- we have seen in the last 6 years. Look mittee on Foreign Relations should at the war in the Persian Gulf. The The Army fell 6,000 short of the con- gressionally authorized troop strength hold hearings and the Senate should U.S. security interests were at stake. A last year. We used up a large part of act on the Convention on the Elimi- madman, with suspected nuclear and our weapons inventory in Kosovo. We nation of all forms of Discrimination biological weapons, invaded a neigh- were down to fewer than 200 cruise mis- Against Women (CEDAW), introduced boring country and threatened the siles worldwide. That may sound like a earlier today by Senator BOXER and 32 whole Middle East. It could have re- lot, but it’s just a couple of days worth cosponsors, is at the desk, and I ask for aligned the region in a way that would in Desert Storm. its immediate consideration. have a profound impact on the United So let’s be clear that if we do not dis- Mr. ROBERTS. On behalf of the ma- States and our allies and subjected the criminate about the use of our forces it jority of the committee, I object. entire territory to chemical, biologi- will weaken our core capabilities. If we The PRESIDING OFFICER. The ob- cal, and perhaps nuclear weapons. had to send our forces into combat, it jection is heard. We, of course, should always honor would be irresponsible to send them The resolution will go over under the our commitments to our allies. If without the arms they need, the troop rule. North Korea invades the south, we are strength they need, and the up-to-date The PRESIDING OFFICER. The Sen- committed to helping our allies. We training they must have. It takes 9 ator from Iowa. also have a responsibility toward a months to retrain a unit after a peace- Mr. GRASSLEY. If there is a 5- democratic Taiwan, which has been keeping mission into warlike readi- minute limit on morning business under constant intimidation from Com- ness. speeches, I ask unanimous consent to munist China. We have the world’s As a superpower, the United States speak for 9 minutes. greatest military alliance, NATO, must draw distinctions between the es- The PRESIDING OFFICER. Without where we are committed to defend any sential and the important. Otherwise, objection, it is so ordered. one of those countries that might be we could dissipate our resources and be (The remarks of Mr. GRASSLEY per- under attack from a foreign power. unable to handle either. To maximize taining to the introduction of S. 2404 It is in the U.S. interest that we pro- our strength, we should focus our ef- are located in today’s RECORD under tect ourselves and our allies with a nu- forts where they can best be applied. ‘‘Statements on Introduced Bills and clear umbrella. Yes, we would use That is clearly air power and tech- Joint Resolutions.’’) nology. This will be the American re- troops to try to make sure a despot The PRESIDING OFFICER. The Sen- sponsibility, but troops on the ground didn’t have nuclear capabilities. ator from Louisiana is recognized. where those operations fall short of a These are clear areas of U.S. security Ms. LANDRIEU. I thank the Chair. interests. However, the United States full combat necessity can be done (The remarks of Ms. LAUDRIEU, Mr. does not have to commit troops on the much better by allies with our backup GRAMM, and Mr. CRAIG pertaining to rather than us taking the lead every ground to be a good ally. If our allies the introduction of legislation are lo- believe they must militarily engage in time. cated in today’s RECORD under ‘‘State- a regional conflict, that should not Any sophisticated military power can patrol the Balkans, or East Timor, or ments on Introduced Bills and Joint have to be our fight. Resolutions.’’) The United States does not have to Somalia. But only the United States Ms. LANDRIEU. I thank the Chair, commit troops to be a good ally. If our can defend NATO, maintain the bal- and I yield the floor. allies believe they must militarily en- ance of power in Asia, and keep the gage in a regional conflict, that should Persian Gulf open to international f commerce. not have to be our fight. We could even MORNING BUSINESS support them in the interest of alliance I thank the distinguished Senators unity. We could offer intelligence sup- ROBERTS and CLELAND for allowing Mr. CRAIG. Mr. President, I ask port, ‘‘airlift,’’ or protection of non- Members to discuss these issues in a unanimous consent that the Senate combatants. We do not have to get di- way that will, hopefully, help to solve now proceed to a period of morning rectly involved with troops in every re- them in the long term. business, with Members permitted to gional conflict to be good allies. Mr. ROBERTS. Senator CLELAND and speak up to 10 minutes each, until the When violence erupted last year in I thank the distinguished Senator from hour of 1:30 p.m. today, with time to be Indonesia, we got it about right. We Texas for her contribution. equally divided between the two lead- stepped aside and let our good ally f ers. Australia take lead. We helped with MEASURE READ FOR THE FIRST The PRESIDING OFFICER. Is there supplies and intelligence, but it wasn’t TIME—H.R. 1838 objection? Without objection, it is so ordered. American ground troops facing armed Mr. ROBERTS. Mr. President, I un- militants. derstand H.R. 1838 is at the desk, and I f Instead, we should focus our re- ask for its first reading. sources where the United States is UNANIMOUS CONSENT The PRESIDING OFFICER. The AGREEMENT—S. 2323 uniquely capable; in parts of the world clerk will read the bill for the first where our interests may be greater or time. Mr. CRAIG. Mr. President, I ask where air power is necessary. The legislative assistant read as fol- unanimous consent that at 1:30 p.m. It is not in the long-term interest of lows: today the Senate proceed to the consid- our European allies for U.S. forces to A bill (H.R. 1838) to assist in the enhance- eration of Calendar No. 481, S. 2323, be tied down on a peacekeeping mis- ment of the security of Taiwan, and for other under the following limitations: 1 hour sion in Bosnia or Kosovo while in some purposes. for debate on the bill, equally divided

VerDate 20-MAR-2000 03:29 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.030 pfrm12 PsN: S12PT1 S2566 CONGRESSIONAL RECORD — SENATE April 12, 2000 between the majority and minority I want to talk about the so-called and outmoded laws is like expecting a leaders or their designees. I further ask marriage bonus that some of our col- man to be able to wear the same consent that no amendments or mo- leagues have thrown up. I want to try clothes he wore as a boy. It just does tions be in order to the bill, and that to point out how it is one of the more not work. following the use or yielding back of phony issues that has ever been dis- No matter who set out to do it, we time, the bill be read a third time and, cussed. have in today’s Tax Code a provision of finally, the Senate then proceed to a I want to talk about President Clin- law that basically produces a situation vote on the passage of the bill, with no ton’s alternative to our repeal of the where, if two people, both of whom intervening action or debate, at a time marriage penalty. work outside the home, meet and fall to be determined by the majority lead- Finally, I want to talk about the last in love and get married, they end up er. form of bigotry that is still acceptable paying on average about $1,400 a year The PRESIDING OFFICER. Is there in America; that is, bigotry against the in additional income taxes. Paradox- objection? successful. ically, that is true if they meet, fall in Without objection, it is so ordered. I would like to try to do all that in love, and decide to get married on the Mr. CRAIG. I yield the floor. such a way as to deviate from my back- last day of December. They pay $1,400 The PRESIDING OFFICER. The Sen- ground as a schoolteacher and be brief. more of income taxes for the right to ator from Texas. First of all, let’s outline the choices live in holy matrimony for one day. Mr. GRAMM. Mr. President, I ask we have. The President has proposed in The number gets much bigger for work- unanimous consent that though we his budget that we spend $388 billion ing couples who make substantial in- have the previous unanimous consent over the next 5 years on new Govern- come, and it gets bigger for working agreement, I be able to speak for up to ment programs and expansions of pro- couples who make very moderate in- 30 minutes. grams. The PRESIDING OFFICER. Is there come. This is brand new spending. This is objection? Today, if a janitor and a waitress— Without objection, it is so ordered. $388 billion the President’s budget says the janitor has three children; the we ought to spend above the level we f waitress has four children; they are are currently spending, and we ought both working; they are struggling, try- THE MARRIAGE TAX PENALTY to do it on a series of new programs ing to do the toughest job in the world, Mr. GRAMM. Mr. President, yester- and program expansions—about 80 new which is to make a single-parent home day, as I listened to our Democrat col- programs and program expansions. functional—meet and fall in love and leagues talking about the marriage We have proposed that we give the have the opportunity to solve one of penalty elimination, and their opposi- people of America $150 billion of the their great problems, by their getting tion to our bill, I got interested in this taxes they have paid above the level we married, they not only both lose their debate and eager to speak on it. need to fund the Federal Government, earned-income tax credit but they end I know we have not been able to work and at the same time to save every up in the 28-percent tax bracket. We out an agreement yet to bring the bill penny of money that came from Social literally have a disincentive in the Tax to the floor. I know our Democrat col- Security taxes for Social Security. Code for people to form the most pow- leagues have refused to agree to lim- Many people who have followed this erful institution for human happiness iting it to amendments relevant to the debate heard our Democrat colleagues and progress in history; that is, the marriage penalty. We all know the spend all of yesterday saying, it is dan- family. easiest way to kill something around gerous, it is irresponsible, it is reckless This obviously makes no sense. No- here is to pile a bunch of extraneous to let the American people keep $150 body argues that it makes sense. Even amendments on it. billion of this non-Social Security sur- the people who oppose repealing it I am hopeful we can work out these plus we have in the budget because the agree that the Tax Code does not make differences and that we can have a vote American economy is generating more any sense. They simply want to spend on eliminating the marriage penalty. revenues than we need to pay for the the money that would be given back, The American people have a right to current Government. and so they don’t want to give it back. know where Members of the Senate The question I would ask, and that I They don’t say it makes sense. They stand on this critically important would ask Americans as they are sit- don’t say it is fair. issue. ting in front of their television screens I think it is not only unfair, it is im- The repeal of the marriage penalty or as they are sitting around the kitch- moral. How dare we have a Tax Code was adopted in the House by an over- en table doing their budget, is: How that penalizes people for getting mar- whelming vote. I believe it should be come it is irresponsible for us to let ried? So we want to repeal it. repealed. I am hopeful the President working families spend $150 billion Where does the penalty come from? I will sign the bill, even though to this more of their own money, but it is not know people’s eyes glaze over when we point in time he says he will not. But irresponsible to let President Clinton talk about numbers. I will not talk rather than waiting around for some and Vice President Gore and the Demo- about many of them today, but let me agreement to be made—that may never crats spend $388 billion of their money? try to explain why it happens. be made—I felt I had something to say How come it is irresponsible when fam- If you are single and filing your tax that ought to be heard on this issue. ilies get a chance to keep more of what return, you pay at the 15-percent rate What I would like to talk about they earn, and yet it is not irrespon- on income up until you earn $25,750. today is, first, to set this debate within sible to take more than twice that Let’s say you and your sweetheart both the context of the President’s budget amount of money and spend it in Wash- get out of school and begin teaching, and basically highlight the choice we ington, DC? and you both make $25,000 a year, and are making between spending here in Why repeal the marriage penalty? you are both paying 15-percent mar- Washington, where we sit around these Gosh, most people are shocked when ginal tax rates. If you get married, conference tables and make decisions they discover that we have such a then, at a combined income of $43,000, to spend billions of dollars, and spend- thing. Let me quickly point out, I do roughly, you go into the 28-percent tax ing back home in the family, where the not think anybody ever set out with a bracket. families sit around the kitchen table goal of imposing a penalty on mar- So the first reason for the marriage and try to decide how to spend hun- riage. penalty is that in the case of these two dreds of dollars or thousands of dollars When many of the provisions of the young people who fell in love, got mar- for themselves. Tax Code were adopted, only 30 percent ried, were making $25,000 each, they I would like to talk about our repeal of adult women worked outside the were paying 15-percent marginal tax of the marriage penalty and why it is home; now it is roughly 60 percent. The rates each, and they got married, $7,000 the right thing to do, why it is not just world has changed dramatically since of their joint income is taxed at 28 per- a tax issue, why it is a moral issue. much of the Tax Code was written. cent. This is a moral issue we are talking As Abraham Lincoln recognized long Secondly, the standard deduction is about. ago: To expect people to live under old such that you end up losing and getting

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.034 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2567 a smaller standard deduction by get- Let us talk about who is excluded. I may not think you are, but realize that ting married than if you stayed single. am sure people know the code. If they when President Clinton and Vice Presi- The net result is, the standard deduc- don’t know the code, I want them to dent GORE and the Democrats are talk- tion for a married couple is less than know it. Whenever President Clinton ing about rich people, they are not the sum of the two deductions for two and Vice President GORE and the talking about Rockefeller, they are not individuals who are single. You get Democrats want to deny people the talking about Mellon, and they are not into the 15-percent tax bracket at a ability to keep money they earn, or talking about all of these new rich peo- lower income. You get into the 28-per- whenever they want to raise their ple who came from the information cent tax bracket at a lower income. taxes, there is one label they always age; they are talking about you if you The bottom line is, when you take stick on them—they are ‘‘rich.’’ Every make over $21,525. into account that rather than getting time taxes are raised, if you listen to Under the President’s proposal, he $8,600 in a combined standard deduc- President Clinton and Vice President gives no marriage penalty relief if one tion, you only get $7,200, and when you GORE, we raised taxes on ‘‘the rich.’’ parent stays at home. So under the take into account that you get into the Go back and look at the President’s President’s plan, if you sacrifice and 28-percent tax bracket $7,000 sooner, tax increase he proposed in 1993. It give up things in order that one parent the net result is, on average, for those turned out that if you were earning can stay at home, you are rich. Under Americans who fall in love and get $25,000 a year and were drawing Social the President’s proposal, you don’t de- married, they pay on average $1,400 a Security, you were rich. That is how serve any relief under eliminating the year for the privilege of being married. they define rich. Then they had tax in- marriage penalty. Let me quickly add, We get rid of the marriage penalty creases on families making $44,000 a I don’t want to get into a judgment— for everyone. How do we do it? First of year. Ask yourself, how did they get and I am not going to—on whether one all, we say, whether you are single or rich? parent should stay at home. My mama whether you are married, you get the Well, when you looked at the way worked my whole life because she had same standard deduction. If it is you President Clinton and Vice President to. My wife has worked the whole lives and your wife filing a joint return, you GORE proposed their tax increase, to of our children because she had a ca- get twice what you would have gotten calculate who had to pay it, they added reer and she wanted to. I think people filing individually, or you get the com- what you would have to pay in rent to have to make the decision for them- selves. This is the point. You are not bination of what she would have gotten rent your home if you owned your rich because you make a decision that and what you would have gotten. We home, they calculated what your re- one of you should stay home and take then stretch the 15-percent tax bracket tirement had grown by, they calculated the value of your health insurance, care of your children. to assure that by getting married, mar- The President says that if you ried couples do not get pushed into a they calculated the value of your park- ing place. Some family in Texas mak- itemize your deductions—and about higher tax bracket. Then we stretch half of all families who make $30,000 or the 28-percent tax bracket to be sure ing $44,000 a year, thinking they were a long way from being rich, suddenly, more itemize deductions, and every- that by getting married, people don’t with all of President Clinton’s amazing body does that owns a home—you are get pushed into the 31-percent tax ability to twist the facts, they were rich and therefore you don’t get mar- bracket. riage penalty relief. The President’s The net result of our bill is, we to- making $75,000 a year, if they owned their own home, owned their own car, plan would grant marriage penalty re- tally repeal the marriage penalty. As a lief at a maximum of $43.50 the first result, the average taxpaying family in had a parking place at work, if they owned life insurance. year. America would get about $1,400 more But the point was that supposedly This is my point. Does anybody real- that they could spend themselves on they were rich. Now, I am sure if you ly believe that somebody making their own families. followed this debate, you have heard $21,525 is rich? Does anybody believe I know every time we talk about ap- our Democrat colleagues say that the that every family in America where propriations here, spending money in Republican bill gives relief from the one of the parents stays at home with Washington, people talk about compas- marriage penalty to people who are their children is rich? Does anybody sion: We are spending money on edu- rich. Well, who are they talking about? believe that every family who owns a cation, housing, nutrition, those things Well, under the President’s bill, he home is rich? Does anybody believe we are all for. By repealing the mar- raises the standard deduction, though that anybody who makes $30,000 a year riage penalty and letting families keep not enough to eliminate the marriage and itemizes on their taxes is rich? I $1,400 of their own money to spend on penalty coming from it, and he does submit that nobody believes that. But their own children, they are going to nothing to eliminate the fact that why does the President say it? Why spend it on education, housing, and nu- young people, or people who are mar- does the Vice President say it? Why do trition—the education they choose, the ried, get into the 28-percent tax brack- our Democrat colleagues say it? housing they choose, and the nutrition et $7,000 earlier. So when we stretch Let me tell you the only thing I can they choose. That is what we want to the 15-percent tax bracket, who are we figure out. The alternative to saying do. helping that the President says is rich? that you are against repealing the mar- The alternative is proposed by Presi- It seems to me that is a reasonable riage penalty, because it goes to the dent Clinton. I want people to know question. Who are these rich people we rich, is to say you are against it be- that when the President stands up and are helping that the President’s bill cause you want to spend it in Wash- says, I am for repealing the marriage would not give the tax relief to by ington. I think what the President, the penalty just as the Republicans are, stretching the 15-percent tax bracket? Vice President, and their supporters only I want to do it differently, he is Well, the people we are helping, as it have concluded is that it is not viable not quite leveling with you. You need turns out, are people who make $21,525 to stand up on the floor of the Senate, to know that. each. So that if you have a fireman and or in front of a television camera any- How can I possibly say such a thing? you have a dental technician and they where, and say it probably is unfair First of all, when you look at the fine meet and fall in love, under the Presi- that you are paying $1,400 for the right print of the President’s tax cut, the dent’s notion of rich, you are rich. And to be married; but, look, we can spend first year, he raises taxes by $10 billion; to quote one of our Democrat col- the money in Washington better than the second year, he raises taxes by $1 leagues: ‘‘You don’t deserve to have you can, and it is better to let us keep billion. At the end of 5 years, which this penalty eliminated because you it because we will spend it and we will will be in the second term of the next don’t need it; you are rich.’’ Under make you better off. I don’t think any- President—or it could be two Presi- their bill, two people who get married body would believe that and so, as a re- dents from now—finally, the Clinton and who each make $21,525 would be de- sult, we see an effort to confuse people plan will grant a grand total of a $5 bil- nied the relief we grant by stretching by saying, well, look, we just don’t lion tax cut. When the President is say- the 15-percent tax bracket. want to give this to the rich. But who ing he gets rid of the marriage penalty, Now, ultimately, I ask people, if you gets tax relief to eliminate the mar- he is not leveling with you. are making $21,525, are you rich? You riage penalty under our bill and ends

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.036 pfrm12 PsN: S12PT1 S2568 CONGRESSIONAL RECORD — SENATE April 12, 2000 up not getting the full relief under the lot and about which I feel very strong- There is only one form of bigotry President’s bill? People making $21,525 ly. That is all this business about, that is still acceptable in America, and each, people who choose to have one every time we debate anything related that is bigotry against the successful. parent stay at home, people who own to the Tax Code, we are always talking It is bigotry against the people who, their home or itemize deductions. about rich people. through their own exertions, succeed. So the plain truth is, those are the For some reason, the President and I would just like to say, obviously, it people who are being called rich. I the Vice President and many members is a free country. If the President and don’t think that is an accurate por- of their party believe you have to con- the Vice President and people in their trayal of rich. But, look, what is wrong stantly divide Americans based on party who constantly engage in this with being rich? I will address that in their income. I strongly object to it be- class warfare want to do it, they have a moment. You have heard, and you cause I think it is very destructive of a right to do it. But I don’t think it is will hear again as this debate pro- everything this country stands for. right. And I think they are stretching gresses, about a marriage bonus. Let There are a lot of things I have al- the truth to the breaking point when me not mince words. If there has ever ways admired about my mama. But the they claim that in repealing the mar- been a fraudulent idea in any debate in one thing I think I admire the most is, riage penalty, as we do that, we are American history, it is the marriage when I was a boy and we were riding helping rich people when in fact the bonus. Clearly, some minion at IRS around in a car, we would ride down President’s proposal to ‘‘eliminate the was ordered by a politician to give a the nicest street in town, and my marriage penalty’’ denies marriage justification for continuing the mar- mama would almost always say, ‘‘If penalty relief to people who earn riage penalty, and after great exertion you work hard and you make good $21,525 a year. and twisting of logic, they came up grades, someday you can live in a Where I am from, that is not rich. with the concept of a marriage bonus— house like that.’’ But there is nothing wrong with being that there are actually people getting a By the logic of the President and the rich. bonus from being married—an average Vice President and many members of Look, if we are against the marriage of about $1,300, I think it is, for these their party, my mother should have penalty, aren’t we against it if a young been saying: Those are rich people. people who supposedly get the bonus. lawyer and a young accountant meet What is this bonus? The bonus is the They probably stole this money from and fall in love? Why should it exist for following thing. I have two sons; one is us. It is outrageous that they have this some people and not for others? Should 24 and one is 26. They have been on my money. They don’t deserve this money. marriage penalties be paid by people payroll for those corresponding num- We ought to take some of this money who have high incomes and not by bers of years. I, as many parents, look away from them. those with low income? forward to them being off my payroll. If we had some landed aristocracy, or Our position is very simple. The mar- If a wonderful, successful girl came something, maybe you could make that riage penalty is wrong. It is immoral. along and married one of them, she argument. But the people who were liv- would get a marriage bonus. She would ing in those nice houses when I was It should be repealed, and we are going get to take a standard deduction by growing up as a boy didn’t get there by to repeal it. having them on her payroll instead of accident. Most of the people didn’t in- I hope the President will sign this my payroll. She would be able to file herit that money, most of them earned bill. If he doesn’t, we are going to have jointly with them and stay in the 15- it. Why should they be singled out? an election. If people want it repealed, percent tax bracket, up to $43,000 a Under their logic, my wife’s father they will know how to vote. year. She would end up getting, on av- would have been a rich person to be I thank my colleagues for their in- erage, about an $1,300 benefit by singled out. Both his parents were im- dulgence, having listened to speeches marrying one of my sons. I would lose migrants. Neither of them had any for- all yesterday about the rich and how the benefit, but would I complain? mal education. He won $25 for an essay we were trying to help them by repeal- Would this be a great economic deal for contest when he was a senior on ‘‘What ing the marriage penalty. Let me sim- her? I mean, let’s get serious. Can you I can do to make America a greater ply say I thought some response was feed, clothe, house, educate, and enter- country.’’ His essay was, the only part needed. Let me also say I don’t have tain somebody for $1,300 a year, or of America he could control was him- any objection to people being rich. I $1,400 a year, or $4,000 a year? self; the only way he could make it a wish we had more rich people. When We insult the intelligence of the greater country was making something our programs are in effect, we will have American people by talking about a out of himself. more rich people because they will marriage bonus as if the piddling He won $25 in 1932 for writing that have more opportunity. They won’t be amount of deduction that people get essay. And he decided he was coming to paying the death tax, and they won’t when they marry someone who doesn’t the mainland from Hawaii and was be paying the marriage penalty. work outside the home as if somehow going to become an engineer. I yield the floor. that is a bonus to them, when it is a He took a freighter from Hawaii, got The PRESIDING OFFICER. The Sen- tiny fraction of what it costs, basi- on a train, met a boy going to an engi- ator from Minnesota. cally, to care for someone in America. neering school, went there, went out f Let me say I would be willing to sup- looking for a job, went to a restaurant, UNANIMOUS CONSENT plement the marriage bonus that some- and the guy at the restaurant said: You AGREEMENT—S. 2323 one would get by taking one of my sons are in luck. There is a guy coming here off my payroll. Maybe for love someday with a machine that says it will wash Mr. GRAMS. Mr. President, I ask it will happen. I hope so. But for eco- dishes. If you can outwash the ma- unanimous consent that with respect nomic reasons, nobody is going to chine, you have the job. Joe Lee to S. 2323, the vote occur on passage at marry somebody to get their standard outwashed the machine. 2:30 p.m. today, with all other provi- deduction because they cannot feed He went on, and 3 years later he had sions of the previous consent still ap- them, house them, clothe them, and all a degree in electrical engineering. plicable and paragraph 4 of rule XII the other things they need for them. He became the first Asian American being waived. Let’s not insult the intelligence of ever to be an officer of a sugar com- The PRESIDING OFFICER. Is there the American people by sighing: Oh, pany in the history of Hawaii. objection? yes, it is true that the average family Is he the kind of person we ought to Without objection, it is so ordered. with two members who work outside hold up and say, He is rich? f the home pay $1,400 of additional taxes He was president of the Rotary Club. WAIVING THE MARRIAGE for the right to be married, but there He was president of the Little League. are these people who get a bonus. The He was the head lay leader of his PENALTY bonus is a fraud. The tax penalty is church. Mr. GRAMS. Mr. President, I want to very real. Is that something in America where take a few minutes to follow the Sen- I want to turn to the final question. we single people out and say they are ator from Texas and talk about one of It is one about which I have thought a rich? I don’t think so. the most important issues we are going

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.039 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2569 to be considering this week. Especially They are the ones who are advo- I hope, when we get a chance to vote for young families, this could be one of cating somehow Washington needs on this, we remember these families the most important issues we are going these dollars more than the couples. struggling to make ends meet, families to vote on maybe this year. That is the There are over 21 million couples looking for that extra dollar they can question of waiving the marriage tax across the country penalized at an av- put into a savings account for their penalty. erage of $1,400 a year just because they child’s education, or just maybe buying The Senator from Texas has done an are married. A young couple Senator something extra, maybe putting money excellent job in laying out some of the CRAIG and I will talk about, when Sen- away for a vacation or a night out for concerns, some of the questions, and ator CRAIG comes back to the floor, has pizza, whatever is important to them. I some of the boundaries of how this is a story I have heard a number of times; think $1,400 a year speaks loudly for imposed and who is paying this tax. that is, the couple planned on them. Is it a fair tax? When you make a marrying toward the end of the year, As I said, Washington might believe commitment to somebody to get mar- but after filling out their taxes and it needs the money more than these ried, should you also have to somehow comparing it to what they would pay families. However, if we have the fami- make a commitment to Uncle Sam? in taxes next year because they were lies on the floor of the Senate, and one And that commitment is to pay higher married, they have decided to put the by one ask them if this is an important taxes. That is not fair. It would be like wedding off at least for a couple of bill, are these dollars important to going into a store and buying a suit. weeks beyond the December 31 date so your family, could these dollars help The suit is $100. And they ask: Are you as a couple they will not be penalized out in your budget decisions, or should married? You say yes. They say: Well, because they are getting married. This we give the money to Washington and that will be $150. is a young couple who have made a de- hope and pray that Washington will Why would we pay more? Why would cision based on economics that because give a few of the dollars back? I think we penalize someone just because they Uncle Sam wants to take a bigger bite if we leave the dollars in the pockets of are married or if they are single? out of their wallet, they are going to the families to begin with, they will I also want to give a lot of credit to have to put off their plans to get mar- make the best decisions and they will Senator KAY BAILEY HUTCHISON, the ried for at least several weeks just to not have to look to Washington or ask other Senator from Texas, for all the get around the corner. work over these last couple of weeks— Washington or beg Washington for a We have heard stories of friendly di- working with her and others to high- few of the dollars to help them raise vorces where people have actually de- light the problems with the marriage their families. cided to have a friendly divorce so they I defer to my colleague from Idaho. penalty, whom it affects, and how save some money. Or the story of the Mr. CRAIG. Mr. President, I will be much money it really means to those 78-year-old man who called his wife of brief. I see our colleague from Illinois couples. We just held a news conference out- over 50 years and said: Do you want a on the floor. I stepped back to do this side the Capitol. Among those speaking divorce? She said: What are you talk- colloquy with my colleague from Min- were, of course, representatives of a ing? He said: I am at the tax man’s of- nesota. number of groups that represent work- fice and if we get a divorce we could I ask the Senator from Minnesota, ing families across this country that save a lot of money. hasn’t the marriage penalty earned a are there supporting it, along with the They didn’t do it, but it is unfair that special contempt in our eyes from a Senators who were there to support it; the couple is having to pay more dol- firsthand experience involving our two but I think most importantly there lars in taxes because they are married. offices? There are going to be stories during were three couples who also came to Mr. GRAMS. The Senator from Idaho this debate, as the Senator from Texas tell their story, why they thought get- is correct. Two young people who we ting rid of this marriage tax penalty pointed out, that somehow there is a care deeply about, one a dedicated em- was so important, how they urged Con- marriage bonus, many people on one ployee in my office and one an em- gress to pass this bill, and not only side are getting this bonus because ployee in the office of the Senator from urged the Congress to pass it but urged they are married; or the couple on this Idaho, are among the latest victims of President Clinton to sign this into law. side who is being penalized. Somehow this insidious provision of the Tax Their stories were about young cou- that is supposed to wash out and be fair Code. ples with one child and expecting an- and even. I don’t think that is true. One of my legislative assistants is a other and how, after they are married, These families should not be overtaxed, young man from Minnesota. He worked they look at the tax forms and find be- incur a tax penalty, only because they for me in Minnesota and also here in cause they are married—young families have decided they are going to get mar- Washington, DC, for over 5 years. He is not making a lot of money—their tax ried. engaged to be married to a young this year is going to be about $1,100 I hope, when we consider this legisla- woman in the office of the Senator more because they are married—nearly tion this week, we consider these mil- from Idaho, a native of Idaho who has $100 in penalty every month for this lions of families across the country worked in my colleague’s office for al- young couple. who are paying on average about $1,400 most 3 years. Another couple from Maryland a year. Nearly $30 billion will be col- This young couple, very much simi- talked about the penalty they have— lected for Washington this year from lar to other couples all around the Na- well over $1,400 a year. Again, why? Be- these families. There is a belief that tion, is moved by faithful affections, cause they are married. Washington needs this money more shared values, common life goals to be- Go to the Tax Code, to the page refer- than the families do to raise their kids, come a family. But the Federal Tax ring to you, and look down the lines, to buy the clothes, to buy the food, to Code is saying something different to and if you are married, there is a pen- pay for the mortgage, to put away this young couple. alty. money for the education of their chil- Mr. CRAIG. Mr. President, this cou- As one man said, at many weddings dren. All this is so important, but ple are about the same ages as my own across the country today there is an Washington needs it more. children. I say to everyone of my gen- uninvited guest. That uninvited guest Several years ago, President Clinton eration, they are a lot like all of our is the tax man. He says: Good, you are was asked at a news conference if he children and we want to see them suc- getting married; when you fill out your thought the marriage tax penalty was ceed. They are like many young cou- tax forms this year, you will pay more fair. He said, no, it is not really fair, or ples ready to start a new life together, to Washington in taxes. something to that effect. But the un- as we have seen generation after gen- Some in the Senate who say we don’t derlying message from the President eration. need to repeal this marriage tax pen- was, even if it is not fair, Washington They originally planned their wed- alty. As Senator GRAMM of Texas says, can use this money a lot more than the ding date for late this autumn this some say they are rich people; they can families can. Washington needs these year, but then friends actually started afford to pay this tax. Don’t give them dollars more than the families need asking them, ‘‘What about taxes?’’ So this break. They are rich. these dollars. they did an interesting thing; they sat

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.041 pfrm12 PsN: S12PT1 S2570 CONGRESSIONAL RECORD — SENATE April 12, 2000 down and computed their marriage doesn’t need the money and these simply remained single—more taxes penalty. Guess what. They found out young couples do. I think it is not only than they should have. their combined incomes together as a wrong but a disgrace that Washington This was not the intention of Con- married couple would cause them to has the large appetite for the hard- gress when it created the marriage pen- have to pay out of their pockets an ad- earned money of people across America alty tax in the 1960s by separating tax ditional $1,400 more than they are cur- who simply want to get married, start schedules for married and unmarried rently paying as single people working a family, and to begin their lives to- people. on our two staffs. gether. If we do not get rid of this bad tax We are talking about average earn- Mr. CRAIG. Mr. President, I do not policy that discourages marriage, mil- ers. In fact, the marriage penalty for think either my colleague from Min- lions of married couples will be forced our young Idaho-Minnesota couple is nesota or I could ever put romance in to pay more taxes simply for choosing just about exactly the average-sized the Tax Code. But I hope we can stop to commit to a family through mar- marriage penalty American couples are the Tax Code from punishing folks such riage. paying across the country, about $1,400. as the two young folks on our staffs we The marriage penalty is most unfair That could be the cost of a honeymoon have talked about who are having to to married couples who are both work- or a wedding gown or part of a college change their plans by postponing a ing, it discriminates against low-in- education, if properly saved and in- wedding date by more than a month, come families and is biased against vested for children who might come as contrary to their hearts, but because of working women. As more and more a result of this union. the dictates of a heartless tax code. women go to work today, their added It is critically important we deal Mr. GRAMS. Mr. President, I fully incomes drive their households into higher tax brackets. In fact, women with this issue. Yes, they have delayed agree with Senator CRAIG. I ask for an their wedding only a few weeks, but I additional 3 minutes. who return to the work force after rais- asked my friend from Minnesota, does Mr. DURBIN. Mr. President, I will ing their kids face a 50-percent tax the Federal Government have any busi- not object, but I believe time is being rate—not much of an incentive to ness forcing any kind of a decision such taken from the Democratic time; is work. The good news is, Congress is work- as this on families and couples? that correct? The Republicans have ing hard to provide marriage penalty Mr. GRAMS. I answer the Senator used all their time in morning busi- relief to married couples. American from Idaho by saying it does not. ness? couples may finally get a congressional Again, if there are those in the Senate The PRESIDING OFFICER. That is blessing this year to eliminate the un- who believe this is one of those rich correct. fair marriage penalty taxes if our col- families who can afford to pay this tax, Mr. DURBIN. In a spirit of fairness, I leagues from the other side cooperate believe me, these are not rich young will yield because I do want to respond and join in our effort. people. They are a hard-working young to some of these wonderful assertions, The marriage penalty repeal legisla- couple but by no means rich. They will 3 minutes. tion which we currently debate would work hard and probably will get there Mr. GRAMS. Mr. President, to wrap eliminate the marriage penalty in the someday but right now they are not. up, our staff’s story is not uncommon. standard deduction; provide broad- It is the furthest thing from fairness. There are many young couples who are based marriage tax penalty relief by That is the Federal Tax Code. Even if forced to make similar decisions. widening the 15-percent and 28-percent this couple escapes the marriage tax The marriage penalty tax has dis- tax brackets; allow more low-income penalty this year, they will still have couraged women from marriage. It married couples to qualify for the to pay next year and the next year and even has led some married couples to earned income credit; and preserve the the year after, for most of the rest of get friendly divorces. They continue to family tax credits from the bite of the their lives, unless we change that, as live together, but save on their taxes. alternative minimum tax which allow we are trying to do this week with the Dr. Gray Burtless of the Brookings American families to claim full tax legislation before the Senate. Institution recently found that the de- credits such as the $500 per child tax We are not talking about abstract cline in marriage may be a major rea- credit, which I authored. tax policy. We are not talking about son why income inequality has in- Millions of American families are economic theory. We are talking about creased across families. He believes still struggling to make their ends average families, real families, who are that many poor unmarried workers suf- meet. Repealing the marriage penalty hurt every year by the marriage tax fer because they do not have a spouse’s will allow American families to keep penalty. In many cases, we are not income to help support their family. an average of $1,400 more each year of talking about a delay of a wedding. We The Economist magazine offered a their own money to pay for health in- are talking about a Tax Code that says possible implication of this finding: surance, groceries, child care, or other do not get married if your family may Mr. Burtless’s research suggests that the family necessities. need that second income because the Clinton administration, rather than fretting Elimination of the marriage penalty IRS has first claim on that income. about skills and trade, would do better to en- tax brings American families one step I asked that member of my staff why courage the poor to marry and make sure their spouses work. closer to the major tax relief they de- they felt they needed to postpone their serve. It is particularly important to wedding a few weeks. He told me it did The family has been, and will con- note that this repeal will primarily not make any sense for him and his fi- tinue to be, the bedrock of our society. benefit minority, low- and middle-class ance to fork over another $1,400 to the Strong families make strong commu- families. Federal Government. nities; strong communities make for a Studies suggest the marriage penalty Some might think that is cheating strong America. We all agree that this hits African-Americans and lower-in- the Government, but he didn’t think marriage penalty tax treats married come working families hardest. Repeal so. He said they already pay too much couples unfairly. Even President Clin- the penalty, and those low-income fam- in taxes, and they simply cannot afford ton agrees that the marriage penalty is ilies will immediately have an 8-per- to give the Government even more of unfair. cent increase in their income. what is rightfully theirs. My staff Contrary to these American values, It is unfair to continue the marriage member said they can use that money the Federal tax code contains 66 provi- penalty tax. There is no reason to for their wedding, they can use it to sions that can penalize married couples delay the passage of the legislation. I help take a trip, or to plan for their and force them to give more of their in- urge my colleagues in the Senate pass family’s future, rather than giving it come to Washington. The Govern- the marriage penalty relief legislation. to the Federal Government at a time ment’s own study shows that 21 million I yield the floor. when the Government simply does not American couples or 42 percent of cou- The PRESIDING OFFICER. The Sen- need it. I think he made an excellent ples incurred marriage penalties in ator from Illinois. point. 1996. This means 42 million individuals Mr. DURBIN. Mr. President, what an Washington is taking this money pay $1,400 more in tax than if they were interesting world we live in that a Re- from young couples at a time when it divorced, or were living together, or publican Senator and a Democratic

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.043 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2571 Senator can look at a similar issue and First, on the whole question of the to dream up more and more tax cuts. see it in so many different ways. I sit marriage tax penalty, there are about The George W. Bush tax cut is so big, here incredulous at times when I hear 65 provisions in the Tax Code that so massive, and so risky that last week Republicans on the floor describe their could be associated with a marriage not a single Republican would vote for view of the world. They live in a world tax penalty. The Republicans, who it on the Senate floor when I called for where a young man and young woman have given speeches all morning about a vote. fall in love and contemplate marriage the marriage tax penalty, address how He wants to spend—I hope I get these and start to make plans for their fu- many of the 65 provisions? In the most figures right—$1.3 trillion. I believe it ture but stop cold in their tracks and generous definition: three, leaving was $400 billion or $500 billion more say: Before we go a step further, we some 62 discriminations in the Tax than the surplus. He obviously wants better go see an accountant. Code against married people untouched to reach deep into the Social Security I can barely remember my courtship in the Republican bill. trust funds to pay for his tax cuts or to with my wife. It was a long time ago. The Democratic alternative address- cut spending on basic services for edu- But it never crossed my mind to go see es all 65. cation, protection of the environment, a bookkeeper or accountant before I So after all these pronouncements and defense. Not a single Republican decided to propose marriage. We about ending Tax Code discrimination, would stand up for that, and I am glad thought there was something more to the Republican bill falls flat on its face they did not. Most Americans know it. We knew there would be good times when it comes to addressing the 65 dif- better. and bad, and we were prepared to make ferent provisions in the Tax Code that The Senate Republicans now have a whatever sacrifice it took to live a life apply. The Democratic bill applies it to George W. Bush tax cut; they want to together. When I listen to my Repub- all 65. come in and keep hacking away at the lican colleagues, it sounds as if they The second thing that strikes you surplus instead of putting it to reduc- want to change the marriage vows right off the bat is that the Republican ing the national debt, which on the from ‘‘love, honor and obey, in sickness bill goes further than eliminating the Democratic side we consider to be the and in health’’ to ‘‘love, honor and marriage tax penalty. It, in fact, cre- highest priority. The expected 10-year budget surplus, obey, in sickness and in health, so long ates an additional tax bonus for those according to the Finance Committee, as there is no income tax disadvan- not suffering the penalty. We are not is $893 billion. It is amazing that in a tage.’’ talking about couples who are calcu- I do not think that is the real world lating how many days they have to short period of time, we can talk about of real people. Nor do I think we can wait to avoid paying taxes before they those surpluses. If this bill passes, the Republicans amend the Tax Code in a way that is decide to get married. We are talking will have already spent over half that going to create a great incentive for about couples who really benefit from in this session on tax cuts. Instead of people to run out and get married. I marriage, and their taxes go down—the lowering the national debt, reducing think there are more basic human emo- Republicans add more tax cuts for the tax burden on future generations, them. tions at stake. I think it trivializes a preserving Social Security and Medi- Everybody loves a tax cut. If we very sacred decision by two people care, they would have us continue on could give a tax cut to every American, making an important decision in their with tax cuts. lives to suggest this is all about money that would be the dream of every poli- Take a close look at the Republican and it is all about how many tax dol- tician. But the voting public in Amer- marriage tax penalty bill. First, the lars you have to pay. ica, the people watching this debate, tax cuts they offer are piecemeal rath- I will readily concede there is unfair- have the right to step back and say: er than comprehensive. They are not ness in the Tax Code. Yes, I will con- How many of these tax cuts can we af- fiscally responsible because we are not cede it is fundamentally unfair for us ford, as a nation, to give away? I think putting money away for reducing the to increase the taxes on two people be- that is a legitimate point. The Finance national debt. More than half the tax- cause they are being married. But if Committee in the Senate writes the payer benefits in their bill go to people you would listen to the Republican tax laws, the committee that sent us already receiving a tax bonus. These logic, they grab this hook and take off this bill that is pending. If you look at are not people discriminated against; and run out of town with it. the minority views, from the Demo- these are people doing well under the Their proposal on the marriage tax cratic side, you find many Democratic Tax Code, and they want to give them penalty is so far afield from the argu- Members believe the best thing we can an additional tax cut. ment you have heard on the floor, you do with our surplus is to pay down the They do not eliminate the marriage just cannot recognize it. In fact, let’s Federal debt. That is my position. That penalty, some 65 provisions; at best, describe the situation. If two people is the position of the President and they only address 3. Here is the kicker are about to be married and their com- most Democrats. Why is that impor- about which they do not want to talk. bined income, when they file a joint re- tant? Because today in America we will They have drawn their bill up in a way turn, puts them in a higher tax brack- collect $1 billion in taxes from individ- so that 5 million Americans will actu- et, that is called a marriage tax pen- uals, families, and businesses, and that ally pay higher taxes. Their intent was alty. However, if two people are mar- money will be used not to educate a to reduce the tax burden for married ried and their combined income puts child, to pay a soldier, or to build a people. They went further than they them in a lower tax bracket, some highway; it will be used to pay interest had to. On the bottom, the last page, would call that a marriage bonus. How on old debt of the United States. take a look around the corner. Five does that happen? Perhaps one person If we do not change that, it means million Americans end up paying high- in the marriage is not working and the my grandchild, who is now about 4 er taxes under the alternative min- other one is; the combined income on a years old, will continue to pay taxes, imum tax. joint return merits a lower tax rate. If to pay interest on debt incurred by my Isn’t that something? Take a look at both of them are working, their com- generation to build our roads and edu- this on a pie chart to get an idea, from bined income raises them to a higher cate our kids. the Republican plan, how much is tax rate, a penalty. Some of us think the fairest thing we being spent on the actual marriage tax We, on the Democratic side, believe can do for future generations is to re- penalty relief: 40 percent. Of the we should eliminate the penalty, elimi- duce the public debt with our surplus amount of money they have put on the nate the unfairness, eliminate the dis- so that perhaps that $1 billion tax bill table—$248 billion roughly over 10 crimination against married people each day will be reduced for future gen- years in tax cuts—40 percent of it goes under the Tax Code. You would think erations. Relieving this burden is a to marriage penalty relief; 60 percent from their arguments on the floor that good gift to give our children and goes to people already receiving a is where the Republicans are. But that grandchildren. bonus under the Tax Code for being is not what their bill says, not at all. If one listens to the other side of the married; and, of course, they raise In fact, when you look closely at their aisle, they do not want to take the sur- taxes on 5 million Americans by in- bill, you find two amazing things: plus and pay down the debt. They want creasing the alternative minimum tax.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.052 pfrm12 PsN: S12PT1 S2572 CONGRESSIONAL RECORD — SENATE April 12, 2000 On the Democratic side, we think vote, I might add, to raise that to $40 me about $200, $400, and $500 a month in there is a better alternative. In the Fi- billion to pay for it. It has already been prescription drug costs. Many times, nance Committee proposal, the one cut in half in the budget conference seniors then make a choice: Will they that will be before us, married couples committee. There is no will on the Re- take the medicine or not? Will they will be allowed to file separately or publican side for a prescription drug take half the prescription or the full jointly, whatever benefits them from a benefit. prescription? Will they choose between tax point of view. We fully eliminate They want to talk about a marriage food or medicine? That is a real world all marriage penalties in the Tax Code penalty benefit for those who are not choice. —all of the 65 provisions. It is fiscally suffering a penalty. We want to talk We on the Democratic side think a responsible. The price tag is about $150 about a prescription drug benefit for prescription drug benefit should be the billion over 10 years, a little over half the elderly and disabled who are penal- first priority out of the box. We believe of what the Republican proposal costs. ized every day when they cannot afford we can pass marriage penalty relief It does not expand marriage bonuses, to pay for their prescriptions. that addresses the problem, solves it and it does not exacerbate the singles Perhaps my friends on the other side for the vast majority of couples af- penalty. of the aisle do not understand the fected by it, and leaves enough money Why do we want to reduce this idea depth of this problem. We have seniors for a prescription drug benefit. That is of tax cuts? First, we think we should in some States who are literally get- our alternative to the Republican pro- be reducing the national debt, paying ting on buses and riding to Canada to posal. it down, which is good for the econ- buy prescription drugs because they The Republicans want it all to be on omy, as Chairman Alan Greenspan of cost half as much in Canada as they do the side of marriage tax penalty relief the Federal Reserve tells us. In so in border States such as North Dakota, and marriage bonus. We think prescrip- doing, we strengthen Social Security; Minnesota, and Montana. They under- tion drug benefits should be part of it. most Americans agree that is a pretty stand this. They want us to do some- That will be the choice on the floor for high priority for all families, married thing about it, but the first tax cut bill Democrats and Republicans. or not. that comes before us since we passed Let’s hear your priorities, whether or We also believe strengthening Medi- our budget resolution is not about pre- not you think a prescription drug ben- care, which is something the Repub- scription drugs, it is about a marriage efit should be a high priority. We cer- licans never want to talk about, is penalty bonus for people who are not tainly do. good for the future of this country, for facing a marriage penalty. Look at how drug costs are growing the elderly and disabled. It is an abso- I will tell you how bad this drug cri- each year. I mentioned earlier, they go sis is for seniors. Their coverage is lute lifeline. We believe if we are care- up almost on a weekly basis: 9.7 per- going down. About a third of seniors ful and target tax cuts, there are some cent in 1995; continuing to grow to 16 have great coverage on prescription things we can achieve which are good percent in 1999. drugs, a third mediocre, and a third for this Nation. Of course, drug companies are in One is a proposal which, in my State none at all. At the same time, the cost business to make a profit. They need to of Illinois, is very popular, which is the of these drugs is going up. There was a make a profit for research to find new idea of the deductibility of college edu- time when drug prices went up once a drugs. That is a given. I accept that. A year. Then the drug companies realized cation expenses up to $10,000. It means company such as Schering-Plough, they could hike their prices twice a if parents are helping their son or that sells Claritin, that spends a third year, then once a month, and then daughter through college and pay of its revenue on advertising—how every other week. If my colleagues $10,000 of the tuition bill, they can de- many times have you seen the Claritin talk with pharmacists or doctors or duct it, which means a $2,800 benefit to ads on television, in magazines, in seniors themselves, they will tell you the family paying college expenses. newspapers?—Spends only 11 percent of exactly what I am talking about: Pre- That is going to help a lot of families their revenue on research. We realize scription drug costs are going up; cov- in my home State. I certainly think the costs are going up for the adver- erage is going down. that makes more sense than the Re- Take a look at the type of bills sen- tising more than for the research. publican approach in the marriage tax iors are facing. Prescription drugs are We believe that as these costs con- penalty bill which provides a bonus to a burden on moderate income bene- tinue to rise, seniors will continue to people already receiving the tax bonus. ficiaries: typical drug costs versus in- be disadvantaged. As I have mentioned, The other item we think should be come. For a patient with heart trouble seniors —most of them—are on a fixed the prime focus when we talk about and osteoporosis, typical drugs cost income and really have nowhere to targeting tax benefits relates to the $2,400, 20 percent of pretax income—20 turn to pay for these drugs. prescription drug benefit which has percent if they are living at 150 percent Mr. President, 57 percent of seniors been talked about for years on Capitol of poverty. That is an income of about make under $15,000 a year; 21 percent Hill. The Medicare plan, conceived by $12,000 a year. make above that but under $25,000. You President Lyndon Johnson and passed High blood pressure—one can see the get to the categories of seniors who in the early sixties, was a health insur- percentages go up: 20 percent, 26 per- make over $25,000, and that is about ance plan for the elderly and disabled cent; arthritis and osteoporosis, 31 per- one out of five seniors; four out of five which made a significant difference in cent; high blood pressure, heart dis- make less. So as the prescription drug America. Seniors live longer; they are ease, 40 percent. Heart disease and se- costs go up, their ability to pay is healthier; they have better and more vere anemia, more than a person’s in- being stretched. independent lives. I have seen it in my come. We think this prescription drug ben- family; most have seen it in theirs. We In the city of Chicago, we had a hear- efit then will have a great advantage want it to continue. ing on prescription drug benefits. Some for seniors. It will give them some There is a noted gap in that Medicare of the stories that were told were mem- peace of mind. The doctors who pre- policy, and that noted gap is prescrip- orable. I can recall several organ re- scribe these drugs will understand that tion drug coverage. Virtually every cipients, transplant recipients, who their patients will be able to afford health insurance policy in America came to us facing monthly prescription them and take them. now covers prescription drugs but not bills of $1,000 or $2,000. These people, on What is the alternative? If an elderly Medicare. The Republicans have come a fixed income, could not handle it. person goes to see a doctor, and the in with all sorts of ideas for tax cuts, Medicare only covered it for 3 years. doctor prescribes a drug, and the elder- but they cannot come up with the They knew what the cost of prescrip- ly person goes to the pharmacy and money to pay for a prescription drug tion drugs meant because for them it finds out they cannot afford the drug, benefit under Medicare. was a matter of life or death. Without and they then do not take the drug, We on the Democratic side think this their drugs, after transplant surgery, and they get sick enough to go to the should be the first priority, not the they could not survive. hospital, who pays for the hospitaliza- last. In fact, we put a provision in our There were some who were not in a tion under Medicare? Raise your hands, budget resolution, with a contentious serious condition but they could tell taxpayers. We all do.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.054 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2573 When someone gets sick and goes to That is why we on the Democratic fiscally conservative—a term Demo- the hospital, under Medicare, tax- side believe a prescription drug benefit crats aren’t usually allowed to use but payers pay for it. Yet we do not pay for should be the first tax cut that we con- certainly applies in this situation—and the prescription drugs to keep people sider, if you want to call it that, be- it is fiscally prudent. It is the way a well and out of the hospital. That does cause it affects a program such as family deals with its situation. Before not make any sense. It does not make Medicare. you run out and pay for that big vaca- sense medically. No doctor, no senior, But on the Republican side, no, it tion, you might think about paying off would believe that is the best way to isn’t a high priority. It isn’t in this some of the credit card debt. I think a deal with this. bill. There is no money set aside for it. lot of families think that way. The Re- So we are talking about changing There isn’t a sufficient amount of publican leadership in the Senate does this system for the prevention of ill- money set aside for it in the budget not. ness and disease, for the prevention of resolution presently in conference. Instead of paying down the debt of hospital stays, and for reductions in That is the difference. It is a signifi- this country, they want to give away the costs to the Medicare program. It cant difference. the tax revenues in a surplus, give it is a real cost savings. If you take a look at the prescription back to the people. They can give it It isn’t just enough, as I have shown drug coverage by income level, here is back, but still we will collect $1 billion from these charts, for us to provide the what you find. Those who are below the a day in interest on old debt. benefit for seniors so they can pay for poverty level, 35 percent of them have The provision we will be bringing be- prescription drugs. We have to deal no prescription drug coverage. For fore the Senate during the course of with the whole question of pricing, the those barely at poverty and above, it is this debate will offer those who are cost of these drugs. 44 percent. You will see that as you truly fiscally conservative on both How will we keep these costs under make more and more money, you have sides of the aisle a viable option. We control? People in my part of the more and more likelihood that you will are going to address all 65 provisions in world, probably all across the United have drug coverage. the Tax Code that have a marriage tax States, get a little nervous when you The lower income Americans, the penalty effect. The Republican bill talk about the Government being in- lower income seniors, and the disabled goes after the standard deduction and volved in pricing. They say: I am not are the ones who do not have prescrip- partially addresses two others: Rate quite sure the Government should be tion drugs protection. brackets and earned-income tax cred- doing that. We think the prescription drug ben- its. They have a right to be skeptical. efit should really hit several principles. Among the 62 provisions the Repub- But let’s step back and take an honest Any plan that does not is a phony plan. lican bill does not address on the mar- look at this. Is there price fixing now The plan should cover all. There should riage tax penalty but the Democratic when it comes to the cost of drugs? be universal coverage. Do not pick and optional, single-filing alternative does Yes. choose. Every American should be al- are adoption expenses. Doesn’t that Insurance companies contact drug lowed to be covered under this plan. make sense, that we wouldn’t want to companies and say: If you want the No. 2, it should have basic and cata- discriminate against couples who may doctors under our insurance policy to strophic coverage. No. 3, it should be want to adopt? prescribe your drugs, we will pay you affordable. Child tax credits, think about that no more than the following cost. That We think if you put these together, for a second. A couple wants to get is a fact of life. The bargaining is going you can come up with a prescription married. They may have some children. on. drug benefit the President has asked We want to give them the child care If these same drug companies take for, which the Democrats in Congress tax credit. The Republican bill doesn’t their drugs up to Canada to sell them, support, and which the Republican bill protect them against the discrimina- the Canadian Government says: You before us does not even consider. tion that might be part of it. cannot sell them in Canada unless we We will come back with an alter- Taxation of Social Security benefits, can establish the ceiling for your native, a Democratic substitute, to savings bonds for education, none of prices. give this Chamber a choice. You can these is covered by the Republican bill; That is why the same prescription take the Republican approach and give IRA deductions, student loan interest drugs—made by American companies, tax cuts to those who do not need them deductions, elderly credits—the list in American laboratories, by American or you can take the Democratic ap- goes on. technicians, approved by the Food and proach and eliminate the marriage tax After their pronouncements and Drug Administration of the United penalty for the vast majority of young speeches about what a serious problem States of America—when they cross people who want to be married—all 65 this is, their bill really comes up short. that border, in a matter of minutes, provisions in the Tax Code—and have It doesn’t address the basic problem. It they become a Canadian product sold enough money remaining to deal with provides tax cuts that are not asked for at half the cost. That is why American a valid prescription drug benefit. or needed. It shortchanges the oppor- seniors get on buses and go up there, to The difference is this. We buy the tunity to put money into a prescrip- buy those drugs at half the cost. premise of what the President said in tion drug benefit. The Canadians speak out when it his State of the Union Address, that we We think it is far better to take an comes to the price of drugs, as do the happen to be living in good times but approach which is fiscally prudent, Mexicans and the Europeans and every we should be careful about our future. conservative, sensible, and straight- other industrialized country in the If we are going to have surpluses, let us forward. world. invest them in things that count. Let We also believe that during the Oh, the Veterans’ Administration us pay down the national debt. Let us course of this session we will be consid- here in the United States bargains for strengthen Social Security. Let us ering other targeted tax benefits. We drugs, too. We want to get the best strengthen Medicare and target the tax can only have limited amounts and deal for our veterans. We tell the phar- cuts where they are needed the most. still bring down this national debt, so maceutical companies: This is the Some of the Republicans are running let’s spend the money where it will be maximum we will pay. They sell it to around Capitol Hill like folks with hot the most effective: A prescription drug us. credit cards. They cannot wait to come benefit, No. 1; the deductibility of col- The only group that does not have up with a new tax cut—needed or not lege education expenses, No. 2. If you bargaining power is the seniors and dis- needed. We think we have to be more send a son or daughter to college, you abled under Medicare. They are the careful. If we are more careful, if we will have a helping hand from the Tax ones who pay top dollar for the drugs show some fiscal discipline, we can not Code to pay for those growing ex- in America. Is that fair? Is it fair that only avoid the deficits of the past, penses. the people of moderate income, of lim- heaping them on the national debt, but A third, which the President has pro- ited resources, are the ones who pay we can be prepared for any downturn in posed and which I think makes sense, the highest price? this economy as well. I think that is is a long-term care credit. How many

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.056 pfrm12 PsN: S12PT1 S2574 CONGRESSIONAL RECORD — SENATE April 12, 2000 people have parents and grandparents seems driven more to create election- a year. Rather than pay down our debt who are growing older and need addi- year campaign talking points than real to free up resources for our coming tional care? We know it is expensive. tax relief. needs, these tax cuts would add to our Because of that additional expense, we For another thing, on this bill, for future obligations. To commit re- want to provide a tax credit to help de- the third time this year already, the sources of this magnitude without ad- fray some of those costs. Those are majority seems willing to plow ahead dressing the long-term solvency of So- very real and serious family chal- on major tax cut legislation before cial Security and Medicare is simply lenges. even adopting its own fiscal plan in the irresponsible. As much has been said on the floor form of a budget resolution. To re- The size of the tax cut before us about the marriage penalty and the count, in early February, the Senate today flows in large part from its scat- reverence for families, which I agree is passed a $103 billion tax cut as part of ter-shot approach. According to the the backbone of this country, let’s take the bankruptcy bill. Then, in early Center on Budget and Policy Priorities, a look at families in a little different March, the Senate passed another $21 it delivers a comparable amount of context, not just on wedding day but billion tax cut for education savings benefits to those who enjoy marriage when those families are raising their accounts. And now in April, the Senate bonuses as to those who suffer from children and sending them to college, is considering another $248 billion in marriage penalties. And according to when those families are caring about tax cuts labeled as marriage penalty Citizens for Tax Justice, more than their parents and grandparents who relief. So the majority this year has al- two-thirds of this tax bill’s benefits meant so much to them. Our targeted ready moved $372 billion in tax cuts—at would go to the fewer than one-third of tax cuts go after all of those elements an average rate of $124 billion a couples with incomes of more than because, on the Republican side, they month—before it has even adopted its $75,000. Are tax cuts for the well-off heap tax cuts on those who, frankly, do budget resolution. really our most pressing national need? not need them, those who are not fac- And you need to add to that the ap- A more targeted approach could save ing a marriage penalty. They cannot proximately $80 billion in debt services money and leave us better prepared to have enough money left to pay down that tax cuts of such a size would re- address our coming fiscal commit- our debt and have the resources for a quire. That yields roughly $450 billion ments. targeted tax cut along the lines I have of the surplus that this Senate will Our economy is strong and has bene- suggested. have spent in just three months—an fitted from sound fiscal policy. Mon- I see my colleague from Wisconsin average of $150 billion a month. And day’s papers reported that unemploy- has come to the floor. I know my time that doesn’t even count the health tax ment has remained below 41⁄2 percent is limited. I ask the Chair how much cut provisions that we can expect in for fully two years now. The Nation time I have remaining. the Patients Bill of Rights bill. And continues to enjoy the longest eco- The PRESIDING OFFICER (Mr. that also doesn’t count the other nomic expansion in its history. And GRAMS). The Senator has 16 minutes re- multi-billion-dollar reconciliation tax home ownership is at its highest rate maining. cut that the budget resolution calls for on record. Mr. DURBIN. I thank the Chair and no later than September 22. We have this strong economy in no yield the floor to my colleague from Some said that the majority brought small part because of the responsible Wisconsin, Senator FEINGOLD. up the amendment to the Constitution fiscal policy we have had since 1993. The PRESIDING OFFICER. The Sen- to prevent flag burning when they did That responsible policy has meant that ator from Wisconsin. because the American Legion was hav- the government has borrowed less from Mr. FEINGOLD. Mr. President, one ing a convention that week. Now, it the public than it otherwise would thing observers of the Senate are not seems that they are bringing up the have, and indeed is projected to have likely to see today is anyone defending marriage penalty because tax day is paid down nearly $300 billion in pub- the marriage penalty. The tax code coming. What the majority chooses to licly-held debt by October. No longer should not discourage the act of get- call up seem more driven by the cal- does the government crowd out private ting married, and it should not encour- endar than by legislative sense. borrowers from the credit market. No age divorce. Moving so many tax bills so early in longer does the government bid up the There is widespread agreement that the year raises another suspicion as price of borrowing—interest rates—to Congress should pass marriage penalty well—that if we waited, we would find finance its huge debt. Our fiscal policy relief. The President’s budget included that there is not enough money to do has thus allowed interest rates to re- a proposal to address the marriage pen- everything that the majority wants. main lower than they otherwise would alty. And last week, the Senate voted The Senate’s consideration of a tax be, and businesses large and small have 99–1 in favor of sense of the Senate lan- cut this size is also premature because found it easier to invest and spur new guage calling on us to ‘‘pass marriage the majority continues to push tax growth. penalty tax relief legislation that be- cuts before doing anything to extend Passing large tax cuts like the one gins a phase down of this penalty in the life of Social Security, before doing before us today without addressing the 2001.’’ anything to extend the life of Medi- long-run needs of Social Security and The marriage penalty is particularly care, or before doing anything to make Medicare risks returning to the budg- burdensome for lower-income couples— prescription drugs available to seniors ets of 1992, when the government ran a and many young couples don’t have who need them. unified budget deficit of $290 billion much to spare. For some of these cou- Yes, Social Security is projected to and a non-Social Security deficit of ples, the amount of their taxes could run cash surpluses on the order of $100 $340 billion. It risks returning to the actually affect their decision whether billion a year for the next decade, but Congressional Budget Office’s 1993 pro- or not to marry. Luckily, in the vast beginning in 2015, it is projected to pay jection of a unified budget deficit that majority of cases, in the words of a re- out more in benefits than it takes in in would climb to $513 billion in 2001, in- cent law review article, love triumphs payroll taxes. Medicare Hospital Insur- stead of the unified budget surplus of over money. ance benefit payments will exceed pay- $181 billion and non-Social Security But in this debate that the majority roll tax revenues as early as 2007. surplus of $15 billion that we now has scheduled for the week before the The tax cuts that the Senate has enjoy. April 15 tax deadline, one can be for- passed and that we debate today would Any young couple would be well-ad- given for harboring the suspicion that phase in so that their full impact vised to do a little financial planning more than marriage penalty relief is would come just as the Nation begins before entering into a marriage. We involved. to need surpluses in the non-Social Se- can ask the Senate to do no less. For one thing, on this subject on curity budget to help address these So- I yield the floor. which there is a broad consensus, the cial Security and Medicare commit- The PRESIDING OFFICER. The Sen- majority appears unwilling to work out ments. ator from Montana is recognized. a compromise with the President or In 2010, the marriage penalty bill be- Mr. BAUCUS. Mr. President, I know with Democrats. Rather, the majority fore us today alone will cost $40 billion there will be a lot of time for debate

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.059 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2575 later today and tomorrow, and perhaps stay-at-home spouse, by denying them I urge my colleagues, people around in the future, on the so-called marriage the same tax cut we provide to couples the country watching this on C-SPAN, penalty. I want to respond to two who face a marriage tax penalty. other offices, and the press to take a points that several of our Republican Frankly, that is a red herring, as law- good look at the majority bill because colleagues have made with respect to yers say. That is totally beside the there are some real problems with it. I the Finance Committee bill, the major- point. Obviously, we have nothing hope we can straighten them out and ity bill. against people who receive a tax bonus. fix them very soon. The first claim is that the Finance Nobody wants to penalize them. But I yield the floor. Committee bill, the majority bill, let’s be honest. If we are providing half f eliminates the marriage penalty. Not the relief to people who don’t pay a true. It does reduce the marriage pen- marriage tax penalty, it is simply not WORKER ECONOMIC OPPORTUNITY alty for some people, to some extent, a marriage tax penalty bill anymore; it ACT but it does not eliminate the marriage is a tax cut bill, and we should evalu- The PRESIDING OFFICER. The penalty. ate the bill on that basis. clerk will report S. 2323 by title. Why do I say that? Well, first, let me Let’s talk about singles, for example. The bill clerk read as follows: show you this chart. This chart basi- The marriage tax penalty relief bill A bill (S. 2323) to amend the Fair Labor cally shows, in the main, that there are that we are talking about is going to Standards Act of 1938 to clarify the treat- 65 provisions in the Tax Code that cre- proportionally put more burden on in- ment of stock options under the Act. ate a marriage tax penalty; 65 different dividuals, single taxpayers, on widows The Senate proceeded to consider the provisions in the code create the so- who are not heads of households, wid- bill. called marriage tax penalty, the in- owers. They are going to be hit indi- Mr. BAUCUS. Mr. President, I sug- equity that married people pay. The rectly because of the action that will gest the absence of a quorum, and I ask Republican bill, the Finance Com- probably be taken at a later date on unanimous consent that the quorum mittee bill, addresses some of them. this floor. In the main, this is not a call not be charged against either side. How many? Out of the total of 65, how marriage tax penalty bill out of the Fi- The PRESIDING OFFICER. Without many do you suppose the Finance Com- nance Committee; it is primarily a tax objection, it is so ordered. mittee addresses? A grand total of cut bill. The clerk will call the roll. three. So 62 of the provisions in the In- That kind of tax cut compared with The assistant legislative clerk pro- ternal Revenue Code that cause a mar- other priorities may or may not make ceeded to call the roll. riage tax penalty are not addressed by sense. What about prescription drugs, Mr. McCONNELL. Mr. President, I the Finance Committee bill. long-term care, retirement security? I ask unanimous consent that the order Let me give you an example. One is don’t think we have addressed those for the quorum call be rescinded. the deduction for interest on student issues enough on this floor; that is, try- The PRESIDING OFFICER. Without loans. The phaseout for this begins at ing to determine what our priorities objection, it is so ordered. $40,000 for unmarried individuals and should be, given the limited number of The distinguished Senator from Ken- about $60,000 for joint return filers. So dollars we have in the budget surplus. tucky, Mr. MCCONNELL, is recognized. if two young people each earn $35,000 Another thing. Viewed as a tax cut, Mr. McCONNELL. Mr. President, I and they marry, they get hit harder by the majority bill is completely arbi- want to speak on behalf of the pending the phaseout. In other words, they pay trary. There is no particular rhyme or measure, the Worker Economic Oppor- a marriage tax penalty. It is not cov- reason to it. If you are married and pay tunity Act, which the Senate will pass ered by the Finance Committee bill. It a marriage tax penalty, you get a tax shortly. is covered by the alternative to be of- cut. If you are married and pay no mar- This bipartisan bill will ensure that fered by Senator MOYNIHAN. riage tax penalty, you get a tax cut. American workers can receive lucra- Another example in the Finance That is what the Finance Committee tive stock options from their employ- Committee bill is not covered. A mar- bill does, in the main. If you are mar- ers—once considered the exclusive perk riage tax penalty that is not taken ried and get a tax bonus, you still get of corporate executives. care of is Social Security for seniors. a tax cut. That is what the committee Senator DODD and I have worked The tax threshold for Social Security bill does. closely with Senators JEFFORDS and for seniors is $25,000 for individuals and If you are single, you get no tax cut. ENZI, ABRAHAM, BENNETT, and $32,000 for couples. Again, a marriage In fact, the disparity between married LIEBERMAN, the Department of Labor, tax penalty. What does the Republican and single taxpayers widens to where it and others to develop this critical bill. bill, the Finance Committee bill, do was before 1969. We have the support of groups rep- about these provisions? Nothing. They Think about this for a moment. If resenting business and workers, as well are not among the three penalties the you are married, have no children, you as Secretary Alexis Herman. In short, Republican bill addresses. The Demo- are receiving the so-called marriage everybody wins with this proposal. cratic proposal, in contrast, addresses bonus, you get a tax cut. If, on the All over the country today, forward- all 65 marriage tax penalty provi- other hand, you are a single mom and thinking employers are offering new fi- sions—all of them. Not 3, not 4, not 5, you have three kids, you get zero tax nancial opportunities—such as stock but all of them, all 65. cut. Is that what we want to do? options—to hourly employees. So, again, the Finance Committee So the Finance Committee bill Unfortunately, it appears that our bill does not eliminate the marriage doesn’t eliminate the marriage pen- 1930’s vintage labor laws might not tax penalty. The Democratic alter- alty. It simply does not. Sixty-two of allow the normal workers of the 21st native does. the marriage penalties in the code are century to reap these benefits. There is a second point made on the not addressed by the Finance Com- When we realized this, we decided to floor today that I would like to ad- mittee bill. Only three are. fix this problem. It would be a travesty dress. About half of the relief in the Fi- There are many others I have not for us to let old laws steal this chance nance Committee bill goes to people mentioned which are very big and have for the average employee to share in who don’t pay a marriage tax penalty a very big effect. his or her company’s economic growth. today. They get a so-called bonus, or In addition, the majority committee The Workers Economic Opportunity they get neither a penalty nor a bonus. bill provides a large tax cut unrelated Act is really very simple. It says that That is this chart. This chart shows to the marriage tax penalty. It is a it makes no difference if you work in that less than half of the relief in the large tax cut which has nothing to do the corporate boardroom or on the fac- majority bill goes to the marriage tax with the marriage tax penalty. tory floor—everyone should be able to penalty; that is, more than half goes to I am saying briefly, because my time share in the success of the company. people who don’t have a marriage tax is about to expire, that there are some In sum, the bill would amend the penalty, who are already in a bonus sit- major flaws in the majority bill. I have Fair Labor Standards Act to ensure uation. only touched on a couple of them. that employer-provided stock option Some argue, well, gee, we should not There are many more which will be programs are allowed, just like em- penalize couples, such as those with a brought out later in the debate. ployee bonuses already are.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.060 pfrm12 PsN: S12PT1 S2576 CONGRESSIONAL RECORD — SENATE April 12, 2000 Also, this legislation includes a broad options and similar programs to their hourly with their employees. As the employer’s ‘‘safe harbor’’ that specifies that em- workers. We commend you for negotiating a stock appreciates, these devices provide a ployers have no liability because of any bill that is broadly supported and look for- tool to attract and retain employees, an in- ward to working with you to ensure its pas- creasingly difficult task during a time of stock options or similar programs that sage as soon as possible in this legislative record economic growth and low unemploy- they have given to employees in the session. ment in the United States. These programs past. Again, thank you for your leadership in in- also foster a broader sense of commitment to I hope that this bill will be the first troducing S. 2323, legislation that is impor- a common goal—the maintenance and im- of many commonsense efforts to drag tant to millions of American workers and provement of the company’s performance— old labor and employment laws into employers. among all employees nationally and even the new millennium. Sincerely, internationally, and thus provide an align- R. BRUCE JOSTEN. Mr. President, we need to pass this ment between the interests of employees Mr. MCCONNELL. Mr. President, I with the interests of the company and its law. The Federal Reserve Board of Gov- shareholders. They can also reinforce the ernors recently estimated that 17 per- ask unanimous consent that the spon- sors’ statement of legislative intent be evolving employer-employee relationship, cent of firms have introduced stock op- with employees viewed as stakeholders. printed in the RECORD. tion programs. Employer stock option and stock programs There being no objection, the mate- They went on to say that over the come in all different types and formats. The rial was ordered to be printed in the last two years, 37 percent of these em- Worker Economic Opportunity Act focuses RECORD, as follows: ployers have broadened eligibility for on the most common types: stock option, JOINT STATEMENT OF LEGISLATIVE INTENT BY stock appreciation right, and employee their stock option programs—allowing THE SPONSORS OF S. 2323, THE WORKER ECO- stock purchase programs. even more American workers to share NOMIC OPPORTUNITY ACT Stock Option Programs.—Stock options in their employers’ prosperity. I. INTRODUCTION AND PURPOSE provide the right to purchase the employer’s The Employment Policy Foundation The purpose of S. 2323, the Worker Eco- securities for a fixed period of time. Stock estimates between 9.4 million and 25.8 nomic Opportunity Act, is to allow employ- option programs vary greatly by employer. million workers receive benefits ees who are eligible for overtime pay to con- However, two main types exist: nonqualified 3 through some type of equity participa- tinue to share in workplace benefits that in- and qualified option programs. Most pro- tion program. volve their employer’s stock or similar eq- grams are nonqualified stock option pro- uity-based benefits. More working Ameri- grams, meaning that the structure of the This trend is growing, and given the program does not protect the employee from current state of the economy, it is like- cans are receiving stock options or opportu- nities to purchase stock than ever before. being taxed at the time of exercise. However, ly to continue to grow. The Worker Economic Opportunity Act up- the mechanics of stock option programs are However, we have one last thing we dates the Fair Labor Standards Act to en- very similar regardless of whether they are have to do to make sure that American sure that rank-and-file employees and man- nonqualified or qualified. Some of these workers can have this incredible oppor- agement can share in their employer’s eco- characteristics are described below. tunity—we have to pass this bill. nomic well being in the same manner. Grants. An employer grants to employees a Without it, our ‘‘New Deal’’ labor Employers have provided stock and equity- certain number of options to purchase shares based benefits to upper level management of the employer’s stock. The exercise price laws will strangle the benefits our for decades. However, it is only recently that may be around the fair market value of the ‘‘New Economy’’ offers to American employers have begun to offer these pro- stock at the time of the grant, or it may be workers. grams in a broad-based manner to non-ex- discounted below fair market value to pro- Mr. President, I ask unanimous con- empt employees. Historically, most employ- vide the employee an incentive to partici- sent that a letter of support from the ees had little contact with employer-pro- pate in the option program. United States Chamber of Commerce vided equity devices outside of a 401(k) plan. Vesting. Most stock option programs have But today, many employers, from a broad some sort of requirement to wait some pe- be printed in the RECORD. There being no objection, the letter cross-section of industry, have begun offer- riod after the grant to benefit from the op- ing their employees opportunities to pur- tions, often called a vesting period. After the was ordered to be printed in the chase employer stock at a modest discount, period, employees typically may exercise RECORD, as follows: or have provided stock options to rank and their options by exchanging the options for CHAMBER OF COMMERCE OF THE file employees; and they have even provided stock at the exercise price at any time be- UNITED STATES OF AMERICA, outright grants of stock under certain cir- fore the option expires, which is typically up Washington, DC, April 7, 2000. cumstances. to ten years. In some cases, options may vest Hon. MITCH MCCONNELL, The Federal Reserve Board of Governors on a schedule, for example, with a third of U.S. Senate, recently estimated that 17 percent of large the options vesting each year over a three- Washington, DC. firms have introduced a stock options pro- year period. In addition to vesting on a date DEAR SENATOR MCCONNELL: I am writing to gram and 37 percent have broadened eligi- certain, some options may vest if the com- express the support of the United States bility for their stock option programs in the pany hits a certain goal, such as reaching a 1 Chamber of Commerce, the world’s largest last two years. The Employment Policy certain stock price for a certain number of business federation representing more than Foundation estimates between 9.4 million days. Some programs also provide for accel- and 25.8 million workers receive benefits three million businesses and organizations of erated or automatic vesting in certain cir- through some type of equity participation every size, sector and region, for S. 2323, the cumstances such as when an employee re- program.2 The trend is growing, and given Worker Economic Opportunity Act. tires or dies before the vesting period has the current state of the economy, it is likely Last year the U.S. Department of Labor run, where there is change in corporate con- to continue. issued an advisory letter stating that compa- The tremendous success of our economy trol or when an employee’s employment is nies providing stock options to their employ- over the last several years has been largely terminated. ees must include the value of those options attributed to the high technology sector. Exercise. Under both qualified and non- in the base rate of pay for hourly workers. One of the things that our technology com- qualified stock option programs, an em- Employers must then recalculate overtime panies have succeeded at is creating an at- ployee can exchange the options, along with pay over the period of time between the mosphere in which all employees share the sufficient cash to pay the exercise price of granting and exercise of the options. This same goal: the success of the company. By the options, for shares of stock. Because costly and administratively complex process vesting all employees in the success of the many rank-and-file employees cannot afford will cause many employers to refrain from business, stock options and other equity de- to pay the cost of buying the stock at the op- offering stock options and similar employee vices have become an important tool to cre- tion price in cash, many employers have equity programs to their nonexempt work- ate businesses with unparalleled produc- given their employees the opportunity for ers. tivity. The Worker Economic Opportunity ‘‘cashless’’ exercise, either for cash or for Clearly, the Fair Labor Standards Act Act will encourage more employers to pro- stock, under nonqualified option plans. In a needs to be modernized to reflect the fact vide opportunities for equity participation to cashless exercise for cash, an employee gives that many of today’s hourly workers receive their employees, further expanding the bene- options to a broker or program adminis- stock options. For this reason, the Chamber fits that inure from equity participation. trator, this party momentarily ‘‘lends’’ the strongly supports S. 2323, which would ex- employee the money to purchase the req- II. BACKGROUND AND NEED FOR LEGISLATION empt stock options, stock appreciation uisite number of shares at the grant price, A. Background on stock options and related de- rights, and employee stock purchase plan and then immediately sells the shares. The vices programs from the regular rate of pay for employee receives the difference between the nonexempt workers. This carefully crafted Employers use a variety of equity devices market price and the exercise price of the legislation will provide certainty to employ- to share the benefits of equity ownership stock (the profit), less transaction fees. In a ers who want to increase employee owner- cashless exercise for stock, enough shares ship and equity building by offering stock Footnotes at end of article. are sold to cover the cost of buying the

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.011 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2577 shares the employee will retain. In either vided to employees are not within the gen- viously had not been contemplated. It fur- case, the employee is spared from having to erally accepted meaning of compensation for ther became clear that an amendment to the provide the initial cash to purchase the work performed. FLSA would be needed to change the law stock at the option price. Thus, by excluding these payments from specifically to address stock options. An employee’s options usually expire at the regular rate in section 207(e) of the A legislative solution was not only sup- the end of the option period. An employee FLSA, Congress encouraged employers to ported by employers at the House hearing, it may forfeit the right to exercise the options, provide these payments and benefits to em- was also supported by employees and unions. in whole or in part, under certain cir- ployees. The encouragement has worked Patricia Nazemetz, Vice President of Human cumstances, including upon separation from well—employees now expect to receive from Resources for Xerox Corporation, read a let- the employer. However, some programs allow their employer at least some of these bene- ter from the Union of Needlework, Industrial the employee to exercise the options (some- fits (i.e., healthcare), which today, on aver- and Textile Employees (UNITE), the union times for a limited period of time) after they age, comprise almost 30 percent of employ- that represents many Xerox manufacturing leave employment with the employer. ees’ gross compensation./14/ For similar rea- and distribution employees, in which the Stock Appreciation Rights.—Stock apprecia- sons, Congress decided that the value and in- International Vice President stated: tion rights (SARs) operate similarly to stock come from stock option, SAR and ESPP pro- ‘‘Xerox’s UNITE chapter would strongly options. They are the rights to receive the grams should also be excluded from the reg- urge Congress to pass legislation exempting cash value of the appreciation on an under- ular rate, because they allow employees to stock options and other forms of stock lying stock or equity based security. The share in the future success of their compa- grants from the definition of the regular rate stock may be publicly traded, privately held, nies. for the purposes of calculating overtime. . . . or may be based on valued, but unregistered, C. The Department of Labor’s opinion letter on It is only recently that Xerox has made bar- stock or stock equivalent. The rights are stock options gaining unit employees eligible to receive issued at a fixed price for a fixed period of The impetus behind the Worker Economic both stock options and stock grants. With- time and can be issued at a discount, carry Opportunity Act is the broad dissemination out a clarification to the FLSA, we are a vesting period, and are exercisable over a of a February 1999 advisory opinion letter 15 afraid Xerox may not offer stock options or period of time. SARs are often used when an regarding stock options issued by the De- other forms of stock grants to bargaining employer cannot issue stock because the partment of Labor’s Wage and Hour Division, unit employees in the future.’’ 21 At the House hearing, the Administration stock is listed on a foreign exchange, or reg- the agency charged with the administration also acknowledged that the problem needed ulatory or financial barriers make stock of the FLSA. The letter involved an employ- to be fixed legislatively in a flexible manner, grants impracticable. er’s stock option program wherein its em- Employee Stock Purchase Plans.—Employee ‘‘Based on the information we have been able ployees would be notified of the program stock purchase plans (ESPPs) give employ- to obtain, there appears to be wide vari- three months before the options were grant- ees the opportunity to purchase employer ations in the scope, nature and design of ed, and some rank-and-file employees em- stock, usually at up to a 15 percent discount, stock option programs. There is no one com- ployed by the company on the grant date by either regularly or periodically paying mon model for a program, suggesting the would receive options. The options would the employer directly or by having after-tax need for a flexible approach. Given the wide have a two-year vesting period, with acceler- money withdrawn as a payroll deduction. variety and complexity of programs, we be- ated vesting if certain events occurred. The Like option programs, ESPPs can be quali- employer would also automatically exercise lieve that the best solution would be to ad- fied or nonqualified. dress this matter legislatively.’’ 22 Section 423 of the Internal Revenue Code 4 any unexercised options on behalf of the em- The general agreement on the need to fix ployees the day before the program ended.16 sets forth the factors for a qualified ESPP. The opinion letter indicated that the stock the problem among these diverse interests The ability to participate must be offered to option program did not meet any of the ex- led to the development of the Worker Eco- all employees, and employees must volun- isting exemptions to the regular rate under nomic Opportunity Act. tarily choose whether to participate in the the FLSA, although it did not explain the III. EXPLANATION OF THE BILL AND SPONSORS’ program. The employer can offer its stock to reasons in any detail. Later, the Administra- VIEWS employees at up to a 15 percent discount off tion’s testimony before the House Workforce Congress worked closely with the Depart- of the fair market value of the stock, deter- Protections Subcommittee explained that ment of Labor to develop this important leg- mined at the time the option to purchase the stock option program did not meet the islation. The sections below reflect the dis- stock is granted or at the time the stock is gift, discretionary bonus, or profit sharing cussions between the sponsors and the De- actually purchased. The employee is re- exceptions to the regular rate because, partment of Labor during the development of quired to hold the stock for one or two years among other reasons, it required employees the legislation, and the sponsors’ intent and after the option is granted to receive capital to do something as a condition of receiving their understanding of the legislation. gains treatment. If the employee sells the the options—to remain employed with the A. Definition of bona fide ESPP stock before the requisite period, any gain company for a period of time.17 Such a condi- For the purposes of the Worker Economic made on the sale is treated as ordinary in- tion is not allowed under the current regular come. Opportunity Act, a bona fide employee stock Nonqualified ESPPs are usually similar to rate exclusions. The testimony also noted purchase plan includes an ESPP that is (1) a qualified ESPPs, but they lack one or more that the program was not excludable under qualified ESPP under section 423 of the In- qualifying features. For example, the plan the thrift or savings plan exception because ternal Revenue Code;23 or (2) a plan that may apply only to one segment of employ- the employees were only allowed to exercise meets the criteria identified below. ees, or may provide for a greater discount. their options using a cashless method of ex- 1. Qualified employee stock purchase plans ercise, and thus the employees could not B. The Fair Labor Standards Act and stock op- Qualified ESPPs, known as section 423 keep the stock as savings or an investment.18 tions The opinion letter stated that the em- plans, comprise the overwhelming majority The Fair Labor Standards Act of 1938 5 ployer would be required to include any prof- of stock purchase plans. Thus, the intent of (FLSA) establishes workplace protections in- its made from the exercise of the options in the legislation is to deem ‘‘bona fide’’ all cluding a minimum hourly wage and over- the regular rate of pay of its nonexempt em- plans that meet the criteria of section 423. time compensation for covered employees, ployees. In particular, the profits would have 2. Nonqualified employee stock purchase plans record keeping requirements and protections to be included in the employee’s regular rate As described above, section 423 plans are against child labor, among other provisions. for the shorter of the time between the grant considered bona fide ESPPs. Further, those A cornerstone of the FLSA is the require- date and the exercise date, or the two years ESPPs that do not meet the criteria of sec- ment that an employer pay its nonexempt prior to exercise.19 tion 423, but that meet the following criteria employees overtime for all hours worked Section 207(e)’s exclusions to the regular also qualify as bona fide ESPPs: over 40 in a week at one and one-half times rate did not clearly exempt the profits of (a) the plan allows employees, on a regular the employee’s regular rate of pay.6 The stock options or similar equity devices from or periodic basis, to voluntarily provide term ‘‘regular rate’’ is broadly defined in the the regular rate, and thus from the overtime funds, or to elect to authorize periodic pay- statute to mean ‘‘all remuneration for em- calculation. Thus, the Department of Labor’s roll deductions, for the purchase at a future ployment paid to, or on behalf of, the em- opinion letter provided a permissible reading time of shares of the employer’s stock; ployee.’’ 7 of the statute. A practical effect of the De- (b) the plan sets the purchase price of the Section 207(e) of the statute excludes cer- partment of Labor’s interpretation was stat- stock as at least 85% of the fair market tain payments from an employee’s regular ed by J. Randall MacDonald, Executive Vice value of the stock at the time the option is rate of pay to encourage employers to pro- President of Human Resources and Adminis- granted or at the time the stock is pur- vide them, without undermining employees’ tration at GTE during a March 2 House chased; and fundamental right to overtime pay. Excluded Workforce Protections Subcommittee hear- (c) the plan does not permit a nonexempt payments include holiday bonuses or gifts,8 ing on the issue: ‘‘[i]f the Fair Labor Stand- employee to accrue options to purchase discretionary bonuses,9 bona fide profit shar- ards Act is not corrected to reverse this pol- stock at a rate which exceeds $25,000 of fair ing plans,10 bona fide thrift or savings icy, we will no longer be able to offer stock market value of such stock (determined ei- plans,11 and bona fide old-age, retirement, options to our nonexempt employees.’’ 20 ther at the time the option is granted or the life, accident or health or similar benefits As the contents of the letter became gen- time the option is exercised) for each cal- plans.12 By excluding these payments from erally known in the business community and endar year. the definition of ‘‘regular rate,’’ 13 Congress on Capitol Hill, it became clear that the let- The sponsors note that many new types of recognized that certain kinds of benefits pro- ter raised an issue under the FLSA that pre- ESPPs are being developed, particularly by

VerDate 20-MAR-2000 04:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.114 pfrm12 PsN: S12PT1 S2578 CONGRESSIONAL RECORD — SENATE April 12, 2000 companies outside the United States, and at less than 85% of fair market value. This For example, under an ESPP, an employee that many of these companies may also in- language was not intended to prevent grants may choose to begin payroll deductions in tend to apply them to their U.S.-based em- or rights that meet some but not all of the January, but not actually have the option to ployees. These purchase plans have several requirements of an earlier exemption in 7(e) purchase stock until June. By contrast, with attributes which make them appear to be from being exempt under the newly created an option or SAR program, employees are more like savings plans than traditional U.S. exemption. given the options or rights at the outset, but stock purchase plans, such as a period of D. Basic communication to employees required those rights may not vest until some year in payroll deductions of between three and five because it helps ensure a successful program the future. years, or an employer provided ‘‘match’’ in For grants made under a stock option, The timing of the communication is flexi- the form of stock or options to the employee. SAR or bona fide ESPP program to qualify ble, because often it is difficult to have ma- Further many companies are developing for the exemption under new section 7(e)(8), terials ready for employees at the beginning plans that are similar to section 423 plans. their basic terms and conditions must be of a stock option or stock appreciation right The sponsors believe that it is in the best in- communicated to participating employees program, immediately following approval by terests of employees for the Secretary of either at the beginning of the employee’s the Board of Directors, because of confiden- Labor to review these and other new types of participation in the program or at the time tiality requirements. Thus, within a reason- plans carefully in the light of the purpose of of grant. This requirement was put into the able time following approval of a stock op- the Worker Economic Opportunity Act—to legislation to recognize that when employees tion grant by the Board of Directors, the em- encourage employers to provide opportuni- understand the mechanics and the implica- ployer is required to communicate basic in- ties for equity participation to employees— tions of the equity devices they are given, formation about the grant employees have and to allow section 7(e), as amended, to ac- they can more fully participate in exercising received. For example, an initial letter may commodate a wide variety of programs, meaningful choices with respect to those de- notify the employees that they have received where it does not undermine employees’ fun- vices. As discussed below, this is a simple a certain number of stock options and pro- damental right to overtime pay. It is the concept, it is not intended to be a com- vide the basic information about the pro- sponsors’ vision that this entire law be flexi- plicated or burdensome requirement. gram. More detailed information about the ble and forward-looking and that the Depart- 1. Terms and conditions to be communicated program may precede or follow the grant in ment of Labor apply and interpret it consist- to employees formats such as an employee handbook, op- ently with this vision. tions pamphlet, or an Intranet site that pro- Employers must communicate the mate- B. ‘‘Value or Income’’ is defined broadly vides options information. rial terms and conditions of the stock op- The hallmark of the Worker Economic Op- tion, stock appreciation right or employee E. Exercisability criteria applicable only to stock portunity Act is that section 7(e)(8) provides stock purchase program to employees to en- options and SARs that any value or income derived from stock sure that they have sufficient information to As discussed above, a common feature in option, SAR or bona fide ESPP programs is decide whether to participate in the pro- grants of stock options and SARs is a vesting excluded from the regular rate of pay. For gram. With respect to options, these terms or holding period, which under current prac- this reason, the phrase ‘‘value or income’’ is include basic information on the number of tice may be as short as a few months or as construed broadly to mean any value, profit, options granted, the number of shares grant- long as a number of years. For a stock op- gain, or other payment obtained, recognized ed per option, the grant price, the grant date tion or SAR to be excluded from the regular or realized as a result of, or in connection or dates, the length of any applicable vesting rate pursuant to the Worker Economic Op- with, the provision, award, grant, issuance, period(s) and the dates when the employees portunity Act, new section 7(e)(8) requires exercise or payment of stock options, SARs, will first be able to exercise options or that the grant or right generally cannot be or stock issued or purchased pursuant to a rights, under what conditions the options exercisable for at least six months after the bona fide ESPP program established by the must be forfeited or surrendered, the exer- date of grant. employer. cise methods an employee may use (such as For stock option grants that include a This broad definition means, for example, cash for stock, cashless for cash or stock, vesting requirement, typically an option will that any nominal value that a stock option etc.), any restrictions on stock purchased become exercisable after the vesting period or stock appreciation right may carry before through options, and the duration of the op- ends. Some option grants vest gradually in it is exercised is excluded from the regular tion, and what happens to unexercised op- accordance with a schedule. For example, a rate. Similarly, the value of the stock or the tions at the end of the exercise period. Pend- portion of the employee’s options may vest income in the form of cash is excluded after ing issuance of any regulations, an employer after six months, with the remaining portion options are exercised, as is the income who communicated the information in the vesting three months thereafter. Options earned from the stock in the form of divi- prior sentence is to be deemed to have com- may also vest in connection with an event, dends or ultimately the gains earned, if any, municated the terms and conditions of the such as the stock reaching a certain price or on the sale of the stock. The discount on a grant. Similar information should be pro- the company attaining a performance target. stock option, SAR or stock purchase under a vided regarding SARs or ESPPs. In addition, the sponsors recognize that a ESPP program is likewise excludable. 2. The mode of communications grant that is vested may not be currently ex- C. The act preserves programs which are other- ercisable by the employee because of an em- The legislation does not specify any par- wise excludable under existing regular rate ployer’s requirement that the employee hold ticular mode of communication of relevant exemptions the option for a minimum period prior to ex- information, and no particular method of The Worker Economic Opportunity Act ercise. In other words, there may be an addi- communication is required, as long as the recognizes two ways that employer equity tional period of time after the vesting period method chosen reasonably communicates programs may be excluded from the regular during which the option remains the information to employees in an under- rate. Such equity programs may be excluded unexerciseable. An option or SAR may meet standable fashion. For example, employers if they meet the existing exemptions to the the exercisability requirements of the bill may notify their employees of an option regular rate pursuant to Section 7(e)(1)–(7), without regard to the reason why the right grant by letter, and later provide a formal which apply to contributions and sums paid to exercise is delayed. employee handbook, or other method such as by employers regardless of whether such Further, if a single grant of options or a link to a location on the company payments are made in cash or in grants of SARs includes some options exercisable after Intranet. Any combination of communica- stock or other equity based vehicles, and six months while others are exercisable ear- tions is acceptable. The intent of the legisla- provided such payment or grant is consistent lier, then those exercisable after the six tion is to ensure that employees are provided with the existing regulations promulgated month period will meet the exercisability re- the basic information in a timely manner, under Section 7(e). Employer equity plans quirement even if the others do not. The de- not to mandate the particular form of com- also may be excluded under new section termination is made option by option, SAR munication. 7(e)(8) added by the Worker Economic Oppor- by SAR. In addition, if exercisability is tied tunity Act. 3. The timing of communications to an event, the determination of whether This is reaffirmed in new section 207(e)(8), The legislation specifies that the employer the six-month requirement is met is based on which makes clear that the enactment of is to communicate the terms and conditions when the event actually occurs. Thus, for ex- section 7(e)(8) carries no negative implica- of the stock option, SAR and ESPP pro- ample, if an option is exercisable only after tion about the scope of the preceding para- grams to employees at or before the begin- an initial public offering (IPO) and the IPO graphs of section (e). Rather, the sponsors ning of the employee’s participation in the occurs seven months after grant, the option understand that some grants and rights that program or at the time the employee re- shall be deemed to have met the provision’s do not meet all the requirements of section ceives a grant. It is acceptable, and perhaps exercisability requirement. 7(e)(8) may continue to qualify for exemption even likely, that the relevant information on However, section 7(e)(8)(B) specifically rec- under an earlier exclusion. For example, pro- a program will be disseminated in a com- ognizes that there are a number of special grams that grant options or SARs that do bination of communications over time. This circumstances when it is permissible for an not have a vesting period may be otherwise approach allows flexibility and acknowledges employer to allow for earlier exercise to excludable from the regular rate if they that types of participation vary greatly be- occur (in less than 6 months) without loss of meet another section (7)(e) exclusion. This tween stock option and SAR programs, on the exemption. For example, an employer or would be true even if the option was granted the one hand, and ESPPs on the other. plan may provide that a grant may vest or

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.116 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2579 otherwise become exercisable earlier than has notified the employer that he or she does 7(e)(8)(D)(i) under the following cir- six months because of an employee’s dis- not want the employer to exercise the op- cumstances: ability, death, or retirement. The sponsors tions or rights on his or her behalf. Example 1—Employer announces that cer- encourage the Secretary to consider and Stock option, SARs and ESPP programs tain employees at the Wichita, Kansas plant evaluate other changes in employees’ status may qualify under new section 7(e)(8) even will receive 50 stock options if the plant’s or circumstances. though the employer chooses to require em- production reaches a certain level by the end Earlier exercise is also permitted in con- ployees to forfeit options, grants or rights in of the year (note that in order to fit within nection with a change in corporate owner- certain employee separation situations. this subsection, the grant does not have to ship. The term change in ownership is in- H. Performance based programs be made on a facility wide basis); tended to include events commonly consid- The purpose of new section 7(e)(8)(D) is to Example 2—Employer announces that it ered changes in ownership under general set out the guidelines employers must follow will grant employees working on the AnyCo. practice for options and SARs. For example, in order to exclude from the ‘‘regular rate’’ account 50 stock options each if the account the term would include the acquisition by a grants of stock options, SARs, or shares of brings in a certain amount of revenue by the party of a percentage of the stock of the cor- stock pursuant to an ESPP program based end of the year, provided that there are at poration granting the option or SAR, a sig- on performance. If neither the decision of least 10 employees on the AnyCo. account. nificant change in the corporation’s board of whether to grant nor the decision as to the Employer 3—Employer announces that cer- directors within 24 months, the approval by size of the grant is based on performance, the tain employees will receive stock options if the shareholders of a plan of merger, and the provisions of in new section 7(e)(8)(D) do not the company reaches specified goal. disposition of substantially all of the cor- apply. For example, grants made to employ- New section 7(e)(8)(D)(i) also makes clear poration’s assets. ees at the time of their hire, and any value that otherwise qualifying grants remain ex- The sponsors believe it important to allow or income derived from these grants, may be cludable from the regular rate if they are employers the flexibility to construct plans excluded provided they meet the require- based on an employees’ length of service or that allow for these earlier exercise situa- ments in new sections 7(e)(8)(A)–(C). minimum schedule of hours or days of work. tions. However, this section is not intended New section 8(D) is divided into two For example, an employer may make grants to in any way require employers to include clauses. The first, clause (i), deals with only to employees: (i) who have a minimum these or any other early exercise cir- awards of options awarded based on pre-es- number of years of service, (ii) who have cumstances in their plans. tablished goals for future performance, and been employed for at least a specified num- F. Stock option and SAR programs may be the second, clause (ii), deals with grants that ber of hours of service during the previous awarded at fair market value or discounted are awarded based on past performance. twelve month period (or other period), (iii) up to and including 15% who are employed on the grant date (or a pe- 1. Goals for future performance Stock options and SARs generally are riod ending on the grant date), (iv) who are New section 7(e)(8)(D)(i) provides that em- granted to employees at around fair market regular full-time employees (i.e., not part- ployers may tie grants to future performance value or at a discount. New section 7(e)(8)(B) time or seasonal), (v) who are permanent em- so long as the determinations as to whether recognizes that grants may be at a discount, ployees, or (vi) who continue in service for a to grant and the amount of grant are based but that the discount cannot be more than a stated period after the grant date (including on the performance of either (i) any business 15% discount off of the fair market value of any minimum required hours during this pe- unit consisting of at least ten employees or the stock (or in the case of stock apprecia- riod). Any or all of these conditions, and (ii) a facility. similar conditions, are permissible. tion rights, the underlying stock, security or A business unit refers to all employees in 2. Past performance other similar interest). a group established for an identifiable busi- A reasonable valuation method must be ness purpose. The sponsors intend that em- New section 7(e)(8)(D)(ii) clarifies that em- used to determine fair market value at the ployers should have considerable flexibility ployers may make determinations as to ex- time of grant. For example, in the case of a in defining their business units. However, istence and amount of grants or rights based publicly traded stock, it would be reasonable the unit may not merely be a pretext for on past performance, so long as the deter- to determine fair market value based on measuring the performance of a single em- mination is in the sole discretion of the em- averaging the high and low trading price of ployee or small group of fewer than ten em- ployer and not pursuant to any prior con- the stock on the date of the grant. Similarly, ployees. By way of example, a unit may in- tract. Thus, employers have broad discretion it would be reasonable to determine fair clude any of the following: (i) a department, to make grants as rewards for the past per- market value as being equal to the average such as the accounting or tax departments of formance of a group of employees, even if it closing price over a period of days ending a company, (ii) a function, such as the ac- is not a facility or business unit, or even for with or shortly before the grant date (or the counts receivable function within a com- an individual employee. The determination average of the highs and lows on each day). pany’s accounting department, (iii) a posi- may be based on any performance criteria, In the case of a non-publicly traded stock, tion classification, such as those call-center including hours of work, efficiency or pro- any reasonable valuation that is made in personnel who handle initial contacts, (iv) a ductivity. good faith and based on reasonable valuation geographical segment of a company’s oper- Under new section 7(e)(8)(D)(ii), employers principles must be used. may develop a framework under which they The sponsors understand that the exercise ations, such as delivery personnel in a speci- fied geographical area, (v) a subsidiary or op- will provide options in the future, provided price of stock options and SARs is some- that to the extent the ultimate determina- times adjusted in connection with recapital- erating division of a company, (vi) a project team, such as the group assigned to test soft- tion as to the fact of and the amount of izations and other corporate events. Ac- grants or rights each employee will receive counting and other tax guidelines have been ware on various computer configurations or to support a contract or a new business ven- is based on past performance, the employer developed for making these adjustments in a does not contractually obligate itself to pro- way that does not modify a participant’s ture. With respect to the requirement to have vide the grant or rights to an employee. profit opportunity. Any adjustment con- ten or more employees in a unit, this deter- Thus, new section 7(e)(8)(D)(ii) would allow forming with these guidelines does not cre- mination is based on all of the employees in an employer to determine in advance that it ate an issue under the 15% limit on dis- the unit, not just those employees who are, will provide 100 stock options to all employ- counts. for example, non-exempt employees. ees who receive ‘‘favorable’’ ratings on their G. Employee participation in equity programs A facility includes any separate location performance evaluations at the end of the must be voluntary where the employer conducts its business. year, and it would allow the employer to ad- New section (8)(C) of the Worker Economic Two or more locations that would each qual- vise employees, in employee handbooks or Opportunity Act states that the exercise of ify as a facility may be treated as a single fa- otherwise, of the possibility that favorable any grant or right must be voluntary. Vol- cility. Performance measurement based on a evaluations may be rewarded by option untary means that the employee may or may particular facility is permitted without re- grants, so long as the employer does not con- not choose not to exercise his or her grants gard to the number of employees who are tractually obligate itself to provide the or rights at any point during the stock op- working at the facility. For example, a facil- grants or in any other way relinquish its dis- tion, stock appreciation right, or employee ity would include any of the following: a sep- cretion as to the existence or amount of stock purchase program, as long as that is in arate office location, each separate retail grants. accordance with the terms of the program. store operated by a company, each separate Similarly, the fact that an employer This is a simple concept and it is not to be restaurant operated by a company, a plant, a makes grants for several years in a row interpreted as placing any other restrictions warehouse, or a distribution center. based on favorable performance evaluation on such programs. The definitions of both a business unit and ratings, even to the point where employees It is the intent of the sponsors that this a facility are intended to be flexible enough come to expect them, does not mean in itself provision does not restrict the ability of an to adapt to future changes in business oper- that the employer may be deemed to have employer to automatically exercise stock ations. Therefore, the examples of business ‘‘contractually obligated’’ itself to provide options or SARs for the employee at the ex- units set forth above should be viewed with the rights. piration of the grant or right. However, an this in mind. Some examples of performance based employer may not automatically exercise Options may be excluded from the regular grants that fit within new stock options or SARs for an employee who rate in accordance with new section section7(e)(8)(D)(ii) are as follows:

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.118 pfrm12 PsN: S12PT1 S2580 CONGRESSIONAL RECORD — SENATE April 12, 2000 Example A—Company A awards stock op- tion 6 of the Act or overtime obligations In addition, the sponsors felt that there tions to encourage employees to identify under section 7 of the Act. The language di- were two circumstances where a further ex- with the company and to be creative and in- vides section 7(h) into two parts, 7(h)(1) and tension of this broad transition relief was ap- novative in performing their jobs. Company 7(h)(2). Section 7(h)(1) states that an em- propriate. First, the legislation recognizes A’s employee handbook includes the fol- ployer may not credit an amount, sum, or that some employers would need the consent lowing: ‘‘Company A’s stock option program payment excluded from the regular rate of their shareholders to change their plans. is a long-term incentive used to recognize under existing sections 7(e)(1–7) or new sec- Section 2(d)(2) provides an additional year of the potential for, and provide an incentive tion 7(e)(8) towards an employer’s minimum transition relief to any employer with a pro- for, anticipated future performance and con- wage obligation under section 6 of the Act. gram in place on the date this legislation tribution. Stock option grants may be When section 7(h)(1) is read together with goes into effect that will require shareholder awarded to employees at hire, on an annual section 7(h)(2), it states that an employer approval to make the changes necessary to basis, or both. All full-time employees who may not credit an amount excluded under comply with the new requirements of section have been employed for the appropriate serv- existing sections 7(e)(1–4) or new section 7(e)(8). Second, the legislation extends the ice time are eligible to be considered for an- 7(e)(8) toward overtime payments. However, transition relief to cover situations wherein nual stock option grants.’’ consistent with existing 7(h), extra com- an employer’s obligations under a collective Company A provides stock options to most pensation paid by an employer under sec- bargaining agreement conflict with the re- nonexempt employees following their per- tions 7(e)(5–7) may be creditable towards an quirements of this Act. Section 2(d)(3) elimi- formance review. Each employee’s manager employer’s overtime obligations. This nates any potential conflict by allowing em- rates the employee during a review process, change shall take effect on the effective date ployers to fulfill their pre-existing contrac- resulting in a rating of from 1 to 5. The rat- but will not affect any payments that are tual obligations without fear of liability. not excluded by section 7(e) and thus are in- ing is based upon the manager’s objective V. REGULATORY IMPACT STATEMENT cluded in the regular rate. and subjective analysis of the employee’s The sponsors have determined that the bill performance. The rating is then put into a J. The legislation includes a broad pre-effective would result in some additional paperwork, formula to determine the number of options date safe harbor and transition time time and costs to the Department of Labor, an employee is eligible to receive, based on In drafting the Worker Economic Oppor- which would be entrusted with implementa- the employee’s level within the company, tunity Act, the sponsors hoped to create an tion of the Act. It is difficult to estimate the the product line that the employee works on, exemption that would be broad enough to volume of additional paperwork necessitated and the value of the product to the com- capture the diverse range of broad-based by the Act, but the sponsors do not believe pany’s business. Employees are aware a for- stock ownership programs that are currently that it will be significant. mula is used. The Company then informs the being offered to non-exempt employees VI. SECTION-BY-SECTION ANALYSIS employee of the number of options awarded across this nation. However, in order to to him or her. reach a consensus, the new exemption had to Sec. 2. (a) Amendments to the Fair Labor Managers make it clear to employees that be tailored to comport with the existing Standards Act—The legislation amends Sec- the options are granted in recognition of framework of the FLSA. The result is a se- tion 7(e) of the Fair Labor Standards Act of prior performance with the expectation of ries of requirements that stock option, SAR 1938 (29 U.S.C. § 207(e)) by creating a new sub- the employee’s future performance, but no and ESPP programs must meet in order for section, 7(e)(8), which will exclude from the contractual obligation is made to employees. the proceeds of those plans to fit within the definition of the regular rate of pay any in- This process is repeated annually, with em- newly created exemption. come or value nonexempt employees derive ployees eligible for stock options each year Because of the circumstances that give rise from an employer stock option, stock appre- based on their annual performance review. to this legislation, the pre-effective date safe ciation right, or bona fide employee stock Most employees receive options annually harbor is intentionally broader than the new purchase program under certain cir- based upon their performance review rating exemption. The sponsors did not want to pe- cumstances. Specifically, the legislation and their level in the company. nalize those employers who have been offer- adds the following provisions to the end of Example B—Company B manages its pro- ing broad-based stock option, SAR and ESPP Section 7(e) of the Fair Labor Standards Act: gram similarly to company A, with some no- programs simply because these programs (8) The new exclusion provides that when table exceptions. Company B has a very de- would not meet all the new requirements in an employer gives its employees an oppor- tailed performance management system, section 7(e)(8). Thus, the safe harbor in sec- tunity to participate in a stock option, stock under which all employees successfully tion 2(d) of the Act comprehensively protects appreciation right or a bona fide employee meeting the expectations of their job receive employers from any liability or other obliga- stock purchase program (as explained in the options. The employee’s job expectations are tions under the FLSA for failing to include Explanation of the Bill and Sponsor’s Views), more clearly spelled out on an annual basis any value or income derived from stock op- any value or income received by the em- than under Company A’s plan. Once a year, tion, SAR and ESPP programs in a non-ex- ployee as a result of the grants or rights pro- the employee undergoes a formal, written, empt employee’s regular rate of pay. The vided pursuant to the program that is not al- performance review with his or her manager. safe harbor applies to all grants or rights ready excludable from the regular rate of If work is satisfactory, the employee re- that were obtained under such programs pay under sections 7(e)(1–7) of the Act (29 ceives a predetermined but unannounced prior to the effective date, whether or not U.S.C. § 207(e)), will be excluded from the number of options. Unlike Company A, such programs fit within the new require- regular rate of pay, provided the program which provides different amounts of options ments of section 7(e)(8). If a grant or right meets the following criteria— (8)(A) The employer must provide employ- to employees based upon a numeric perform- was initially obtained prior to the effective ees who are participating in the stock op- ance rating, Company B provides the same date, it is covered by the safe harbor even tion, stock appreciation right or bona fide number of options to all employees who re- though it vested later or was contingent on employee stock purchase program with in- ceive satisfactory employment evaluations. performance that would occur later. In addi- formation that explains the terms and condi- Over 90 percent of Company B’s employees tion, normal adjustments to a pre-effective tions of the program. The information must receive options annually, and in many years, date grant or right, such as those that are triggered by a recapitalization, change of be provided at the time when the employee this percentage exceeds 95 percent. begins participating in the program or at the In both Example A and Example B, the em- control or other corporate event, will not time when the employer grants the employ- ployers set up in advance the formula under take the grant or right outside the safe har- bor. ees stock options or stock appreciation which option decisions are made; however, On a prospective basis, the sponsors real- rights. the decisions as to whether an individual em- ized that many employers would need time (8)(B) As a general rule, the stock option or ployee would receive options and how many to evaluate their programs in light of the stock appreciation right program must in- options he or she would receive was made new law and to make the changes necessary clude at least a 6 month vesting (holding) pe- based on past performance at the end of the to ensure that the programs will fit within riod. That means that employees will have performance period, but not pursuant to a the new section 7(e)(8) exemption. Con- to wait at least 6 months after they receive prior contractual obligation made to the em- sequently, the sponsors adopted a broad stock options or a stock appreciation rights ployees. The fact that the employer deter- transition provision to apply to stock op- before they are able to exercise the right for mines a formula or program in advance does tion, SAR and ESPP programs without re- stock or cash. However, in the event that the not disqualify these examples from new sec- gard to whether or not they meet the re- employee dies, becomes disabled, or retires, tion 7(e)(8). quirements for these plans set forth in the or if there is a change in corporate owner- I. Extra compensation legislation. Specifically, section 2(c) of the ship that impacts the employer’s stock or in The Worker Economic Opportunity Act legislation contains a 90-day post enactment other circumstances set forth at a later date also amends section 7(h) of the FLSA (29 delayed effective date. The sponsors believe by the Secretary in regulations, the em- U.S.C. § 207(h)) to ensure that the income or that the vast majority of employers who ployer has the ability to allow its employees value that results from a stock option, SAR offer stock option, SAR and ESPP programs to exercise their stock options or stock ap- or ESPP program, and that is excluded from to non-exempt employees will be able to use preciation rights sooner. The employer may the regular rate by new section 7(e)(8), can- the transition period in section 2(d)(1) to offer stock options or stock appreciation not be credited by an employer toward meet- modify their programs to conform with the rights to employees at no more than a 15 per- ing its minimum wage obligations under sec- requirements of the legislation. cent discount off the fair market value of the

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.119 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2581 stock or the stock equivalent determined at Reserve System, Fin. and Econ. Discussion Series, us in this Congress of the United the time of the grant. No. 1999–32, July 1999. 2 Anita U. Hattiangadi, Taking Stock: $470,000 at States; that is, we are actually going (8)(C) An employee’s exercise of any grant to do something this afternoon that or right must be voluntary. This means that Risk for Hourly Workers, Employment Policy Foun- dation, Mar. 2, 2000, at 4, and Fig. 2. the employees must be able to exercise their couldn’t have any rancor associated 3 Any stock option program that meets the criteria with it. It will make a difference in the stock options, stock appreciation rights or under section 422 of the Internal Revenue Code options to purchase stock under a bona fide (called an Incentive Stock Option) is considered a lives, we think, of millions of people employee stock purchase program at any qualified option. 26 U.S.C. § 422. who would like to share in the remark- time permitted by the program or to decline 4 26 U.S.C. § 423. able prosperity we are enjoying. to exercise their rights. This requirement 5 29 U.S.C. §§ 201, et seq. We are backed by the administration. does not preclude an employer from auto- 6 29 U.S.C. § 207(a)(1). 7 It is a bipartisan effort in this body. I matically exercising outstanding stock op- 29 U.S.C. § 207(e). 8 29 U.S.C. § 207(e)(1). am told that a similar version of this tions or stock appreciation rights at the ex- 9 29 U.S.C. § 207(e)(3). bill has been introduced in the other piration date of the program. 10 Id. (8)(D) If an employer’s grants or rights 11 Id. Chamber, the House of Representa- under a stock option or stock appreciation 12 29 U.S.C. § 207(e)(4). tives. right program are based on performance, the 13 See e.g., Conference Report on H.R. 5856, H. This is actually something we may following criteria apply. Rept. No. 1453. accomplish, and we are not packing the 14 U.S. Dept of Lab, Bureau of Lab. Statistics, Em- (1) If the grants or rights are given based galleries. It is not going to be a head- on the achievement of previously established ployer Costs For Employee Conpensation—March 1999, available at ftp://146.142.4.23/pub/news.release/ line story tomorrow, but it will make a criteria, the criteria must be limited to the ecec.txt. difference in people’s lives. performance of any business unit consisting 15 A wage-hour opinion letter responds to a request We are in a period of sustained eco- of 10 or more employees or of any sized facil- for the Department of Labor’s view of how the law ity and may be based upon that unit’s or fa- applies to a given set of facts. The letters are avail- nomic growth, almost unprecedented, cility’s hours of work, efficiency or produc- able to the public upon request or through commer- if not unprecedented, in the 210-year tivity. An employer may impose certain eli- cial reporting services. Opinion letters have signifi- history of our Nation. The unemploy- gibility criteria on all employees before they cant practical effects: ‘‘[T]he Administrator’s inter- pretation . . . has the characteristic not only of se- ment rate today at 4.1 percent is the may participate in a grant or right based on curing ‘expected compliance’ . . . but of possibly lowest it has been in 30 years. More these performance criteria, including length stimulating double damage suits by employees who than 21 million jobs have been created of service or minimum schedules of hours or need not fear that they would be at odds with the since 1993. days of work. Government Officials involved.’’ National Automatic (2) The employer may give grants to indi- Laundry & Cleaning Council v. Shultz, 143 U.S. App. I see my colleague and good friend vidual employees based on the employee’s D.C. 274 (D.C. Cir. 1971). from Wyoming here. He is one of the past performance, so long as the determina- 16 Letter from Daniel F. Sweeney, Office of En- cosponsors of this bill as well. I men- tion remains in the sole discretion of the em- forcement Policy, Fair Labor Standards Team, Wage & Hour Division, Feb. 12, 1999. tioned him earlier. We are pleased he is ployer and not according to any prior con- 17 Hearing on the Treatment of Stock Options and with us. tract requiring the employer to do so. Employee Investment Opportunities Under the Fair We are enjoying almost unprece- (b) Extra Compensation—The bill amends Labor Standards Act before the House Committee on dented prosperity in the country along section 7(h) of the Fair Labor Standards Act Education and the Workforce, Subcommittee on (29 U.S.C. 207(h) to make clear that the Employment and Training, 106th Cong. 2d Sess. Mar. with the remarkable results of low un- amounts excluded under section 7(e) of the 2, 2000 (Statement of T. Michael Kerr, at 4–5). employment, the lowest in some three bill are not counted toward an employer’s 18 Id. at 5. The testimony also noted that the pro- decades. More than 21 million new jobs minimum wage requirement under section 6 gram’s automatic exercise feature prevented the em- have been created in the last 7 years in ployees’ participation from being voluntary, as re- of the Fair Labor Standards Act and that the quired under the Division’s rules for thrift savings our Nation. Inflation is down, and real amounts excluded under sections 7(e)(1)–(4) programs. wages are rising and have grown in 5 and new section 7(e)(8) are not counted to- 19 Letter from Daniel F. Sweeney, Office of En- consecutive years; again, almost an un- ward overtime pay under section 7 of the forcement Policy, Fair Labor Standards Team, Wage precedented record in our Nation’s his- Act. & Hour Division, Feb. 12, 1999. (c) Effective Date—The amendments made 20 Hearing on the Treatment of Stock Options and tory. by the bill take effect 90 days after the date Employee Investment Opportunities Under the Fair For the first time in 50 years, the of enactment. Labor Standards Act before the House Committee on country posted three consecutive sur- (d) Liability of Employers— Education and the Workforce, Subcommittee on Employment and Training, 106th Cong. 2d Sess. Mar. pluses. Think of that. For the first (1) No employer shall be liable under the 2, 2000 (Statement of J. Randall MacDonald, at 2). time in decades, we are watching the FLSA for failing to include any value or in- 21 Id. (addendum to statement of Patricia deficit clock run in the opposite direc- come derived from any stock option, stock Nazemetz, Letter from Gary J. Bonadonna, Director appreciation right and employee stock pur- & International Vice President, UNITE, February 22, tion. Instead of how much debt we are chase program in an non-exempt employee’s 2000). accumulating every minute and every regular rate of pay, so long as the employee 22 Id. (statement of T. Michael Kerr, at 7). second, we are now reducing the na- received the grant or right at any time prior 23 26 U.S.C. § 423. tional debt with the prospect of elimi- Mr. MCCONNELL. Mr. President, I to the date this amendment takes effect. nating it by the year 2013. (2) Where an employer’s pre-existing stock yield the floor. What greater gift could we give to The PRESIDING OFFICER. The dis- option, stock appreciation right, or em- the next generation than to burn the ployee stock purchase program will require tinguished Senator from Connecticut, national mortgage, if you will. The shareholder approval to make to the changes Mr. DODD, is recognized. necessary to comply with this amendment, Mr. DODD. Mr. President, I appre- economy is roaring. It is producing a the employer shall have an additional year ciate how the Chair pronounces that prosperity in the confidence which very from the date this amendment takes effect name so well. I am very grateful to the few people could have imagined a few to change its plan without fear of liability. Chair. short years ago. (3) Where an employer is providing stock Factory workers, secretaries, and options, stock appreciation rights, or an em- I am deeply pleased to be joining my good friend and colleague from Ken- other nonexempt workers form the ployee stock purchase program pursuant to a backbone of companies, large and collective bargaining agreement that is in tucky in authoring this legislation, effect on the effective date of this amend- along with several of our other col- small, that are also making a dif- ment, the employer may continue to fulfill leagues. Senator MCCONNELL men- ference. These individuals have been its obligations under that collective bar- tioned several of them. But certainly driving our economy. It is the view of gaining agreement without fear of liability. Senator ENZI, Senator BENNETT, Sen- those who sponsor this bill since they (e) Regulations—the bill gives the Sec- ator ROBB, Senator MURRAY, Senator are driving so much of this economy, retary of Labor authority to promulgate nec- they ought not to have to take a back essary regulations. BINGAMAN, Senator REED, Senator Submitted April 12, 2000 by the Sponsors of KERREY, among others are also cospon- seat to anyone in sharing in the pros- S. 2323. sors of this bill. perity this economy has produced. In today’s new economy, many com- MITCH MCCONNELL. I am also pleased to inform this body CHRISTOPHER J. DODD. that the Clinton-Gore administration panies look for creative ways to re- JAMES M. JEFFORDS. is a strong backer of the Worker Eco- cruit, train, and reward employees. The MICHAEL B. ENZI. nomic Opportunity Act, which is pres- Federal Reserve Board of Governors es- FOOTNOTES ently before us. timated approximately 17 percent of 1 David Lebow et al., Recent Trends in Compensa- We have one of those unique opportu- large firms in the United States intro- tion Practices, Board of Governors of the Federal nities that is not always available to duced a stock option program and 37

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.121 pfrm12 PsN: S12PT1 S2582 CONGRESSIONAL RECORD — SENATE April 12, 2000 percent have broadened eligibility for I ask unanimous consent two letters, In spite of the growing enthusiasm for em- the stock option programs in the pre- one from the Union of the ployee equity ownership among employers vious 2 years. Needletrades, industrial and textile and employees, an advisory letter inter- Ten years ago these options were a employees, and one from the ERISA In- preting current law issued by the Depart- perk for the chief executive officer and ment of Labor’s Wage and Hour Division has dustry Committee, be printed in the effectively stopped this movement in its other corporate executives in the cor- RECORD. tracks. poration. Less than 1 million people re- There being no objection, the letters According to the Department’s interpreta- ceived stock options in the early 1990s. were ordered to be printed in the tion of the Fair Labor Standards Act (FLSA) Today, between 7 and 10 million people RECORD, as follows: of 1938, any gains from the exercise of stock options recognized by rank and file workers across this country are offered stock UNION OF NEEDLETRADES, INDUS- must be included in their ‘‘regular rate of options. According to the National TRIAL AND TEXTILE EMPLOYEES, pay’’ for purposes of computing overtime Center for Employee Ownership, more ROCHESTER REGIONAL JOINT wages. Thus, in order to comply with the than 6 million workers receiving op- BOARD, tions are nonexecutives. In a 1997 sur- Rochester, NYC, February 22, 2000. Wage and Hour Division’s interpretation of the FLSA, employers would be required to vey, NECO reported that the average TO WHOM IT MAY CONCERN: I am writing on behalf of UNITE and its approximately 5,300 track stock options granted to rank and file option grant value was $37,000 for pro- employees and recalculate their overtime fessional employees, $41,000 for tech- United States bargaining unit employees covered by a contract with Xerox Corpora- payments once the options have been exer- nical employees, and $12,500 for admin- tion. It is our understanding that Congress is cised. istrative employees. currently considering legislation to clarify No rational employer will subject itself to This is very good for the long-term the Fair Labor Standards Act (FLSA) treat- this impracticable burden. As a result, rank economic prospects in this country. ment of stock options and other forms of and file workers will be denied the valued op- Clearly, the trend is that a broad stock grants in computing overtime for non- portunity to become a stakeholder in their cross section of companies offers stock exempt workers Xerox’ UNITE chapter employer’s future. option programs. In these changing would strongly urge Congress to pass legisla- S. 2323 is narrowly tailored to directly ad- dress the issues raised by the Wage and Hour times, I am concerned, as is my col- tion exempting stock options and other forms of stock grants from the definition of Division’s advisory letter without compro- league from Kentucky and others, mising any long-standing worker protections about laws working for businesses and the regular rate for the purpose of calcu- lating overtime. under FLSA. Most important, this legisla- employees. We need to work with them It is only recently that Xerox has made tion will benefit millions of working Ameri- to find new ways to reward working bargaining unit employees eligible to receive cans by facilitating the continued expansion people. As the economy changes, it is both stock options and stock grants. With- of equity-based compensation programs. It only fitting we update our laws, as out a clarification to the FLSA, we are should be enacted without delay. well. That is why I join with my col- afraid Xerox may not offer stock options or Thank you for considering our views. Please feel free to call on us if you have any leagues, and why others have joined, other forms of stock grants to bargaining unit employees in the future. In addition, questions or need additional information. why the administration has joined, to Very truly yours, change the 1938 Fair Labor Standards without such a change in the law if options are granted there could be tremendous dif- MARK J. UGORETZ, Act. President. The Fair Labor Standards Act of 1938 ferentials in the amount of overtime each in- dividual employee received based on what he Mr. DODD. Mr. President, this bill is is the benchmark of worker protection or she decides to exercise an option or sell about fundamental fairness. I urge our laws. I want to make very clear that stock. However, our position that stock op- colleagues to support this Worker Eco- the bill that is before the Senate today, tions should be exempt from the regular rate nomic Opportunity Act to give working S. 2323, does absolutely nothing to un- for purposes of overtime in no way dimin- Americans a chance to share in our Na- dermine the foundation of that critical ishes our position that bargaining unit em- ployees must have the right to receive over- tion’s prosperity. and important piece of legislation. I ask further unanimous consent that My colleagues in the administration time pay for actual hours. during the remainder of this debate determined that the 1938 law needed to As we begin the 21st century, UNITE hopes and the remainder of the day the bill be amended in order to incorporate the more companies will begin to provide all their employees with stock options and be left open for additional cosponsor- emergence of stock option programs other forms of stock. It is a great way to as- ships. We have 20 or 30, but I suspect being offered to hourly employees. Our sure that when the company does well the bill amends the Fair Labor Standards there may be others who would like employees share the reward through em- their names associated with this bill. I Act to clarify that the gains from ployee ownership. Thank you for your con- stock options do not need to be in- sideration of this matter. ask unanimous consent cosponsorship cluded in the calculation of overtime Sincerely, of the bill be left open for the remain- pay. That is what the 1938 law said. GARY J. BONADONNA, der of today’s legislative business. That is where a lot of the confusion Director, The PRESIDING OFFICER. Without arose. International Vice President. objection, it is so ordered. Our legislation strikes a balance be- Mr. DODD. I yield the floor. THE ERISA INDUSTRY COMMITTEE, The PRESIDING OFFICER (Mr. ROB- tween protecting employee rights and Washington, DC April 10, 2000. offering flexibility to employers. This ERTS). The distinguished Senator from DEAR SENATOR: The ERISA Industry Com- Vermont is recognized. bill excludes from the regular rate mittee (ERIC) strongly urges you to support stock options, stock appreciation S. 2323, the ‘‘Worker Economic Opportunity Mr. JEFFORDS. Mr. President, I rights or bona fide stock purchase pro- Act.’’ S. 2323 is expected to come before the commend the Senator from Con- grams that meet specific vesting, dis- Senate for a vote during the week of April 10. necticut and the Senator from Ken- closure and determination require- Timely enactment of this legislation is crit- tucky for their work on the bill being ments. A safe harbor is in effect to pro- ical to the continued viability of broad-based presented today. We are here today be- tect those companies that already had stock options and other similar programs cause we believe that all workers that provide employees with equity owner- established stock option programs for should have the opportunity to share ship in the companies for which they work. in the success of their companies and it nonexempt employees, including those Introduced March 29 by Senator Mitch programs provided under a collective McConnell, the ‘‘Worker Economic Oppor- is incredibly important we do all we bargaining agreement or requiring tunity Act’’ enjoys strong bipartisan and bi- can to make sure that this legislation shareholder approval. cameral support. The bill is the result of a gets passed with the vote it deserves. I would like to commend the staff for cooperative effort between congressional More and more employers are pro- their hard work on this bill—Sheila leaders, the Department of Labor, and the viding equity ownership opportunities Duffy of my staff, Denise Grant with business community. to all of their employees and we are Stock options increasingly are available to Senator MCCONNELL, and Leslie Silver- here today because we want to foster a broad range of employees, not just execu- this trend which is good for our work- man and Elizabeth Smith with the tives. A recent survey by William M. Mercer, HELP Committee. Inc. reports a better than twofold increase ers and for our nation’s economic This proposal has broad bipartisan, since 1993 in the percentage of major indus- growth. The Worker Economic Oppor- bicameral support between the execu- trial and service corporations that have a tunity Act will encourage this trend by tive and legislative branches. broad-based stock option plan. changing the Fair Labor Standards Act

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.074 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2583 to address the needs of the 21st cen- We have also worked together on a That is an important factor because tury. Joint Statement of Legislative Intent stock options are seen as a way for peo- Over the last ten years, we have wit- on S. 2323 which is intended to reflect ple throughout this country, workers nessed tremendous change in the struc- the discussions the sponsors had with throughout this country, to own a ture of our Nation’s economy in large the Department of Labor during the share of the company. The better the part due to the birth of the internet drafting of the legislation, and the company does, the better they do. It is and e-commerce. The vitality of our sponsors’ intent and understanding of a way that from their job, and the risk economy is a tribute to the creative this legislation. they take having that job, employees and entrepreneurial genius of thou- I urge all my colleagues to join me in get to benefit from the productivity sands of individual business people and supporting this important legislation. and returns they put into the business. the indispensable contribution of the It is a symbolic first step in the process And, boy, some of these businesses American workforce. of aligning our labor laws with the new are really doing well; millionaires are As legislators during this exciting economy. being created overnight—and we want time, we are challenged to maintain an I commend the Senator from Wyo- hourly workers to be able to take ad- environment that will foster the con- ming who is one of the initial people vantage of those stock options. tinued growth of our economy. We who understood the importance of this A little flaw, because of the amount must work to ensure that our laws are issue and who came forward to help of time that has gone by since fair in sync with the changing environ- other Members understand the dangers labor standards passed, said you will ment. However, many of the laws and of the present situation and to bring have to do some calculating so the policies governing our workplace have about the bill we have before the Sen- value of that stock option shows up as fallen out of sync with the information ate. I am happy to yield the floor to a direct payment. age and there has been particular re- my wonderful Senator from Wyoming. Nobody really knows what the value sistance to changing our labor laws. As The PRESIDING OFFICER (Mr. of those stock options are, particularly chairman of the Senate Committee GREGG). The distinguished Senator at the time they receive them. They do with jurisdiction over workplace from Wyoming is recognized. know sometime down the road, when issues, I believe it is time to examine Mr. ENZI. Mr. President, I commend they take advantage of them, and prob- and modify these laws to meet the rap- the chairman of the Health, Education, ably even further down the road when idly evolving needs of the American Labor, and Pensions Committee, the they actually get to sell them, but workforce. jurisdictional committee, for this very there is a huge change, hopefully, in The Fair Labor Standards Act important piece of legislation. I appre- the value of that stock between the (FLSA), for example, was enacted in ciate his allowing me to be the sub- time it is awarded to them and the the late 1930s, to establish basic stand- committee chairman for the labor por- time there is some value to it. So how ards for wages and overtime pay. While tion of that committee, which is re- do you calculate that back in years, to the principles behind the FLSA have ferred to as the Employment, Safety the time they received it, to calculate not changed, its rigid provisions make and Training Subcommittee. We get to it into overtime? The difficulty of cal- it difficult for employers to accommo- work on these kinds of issues on a reg- culating it led the companies to say: date the needs of today’s workforce. In ular basis. In the past, it has been We can’t figure out a formula for doing early January, we discovered the prob- known as one of the more contentious it. The Department has a formula for lem that we are addressing here today. committees. But I recommend people doing it, but we can’t possibly process It is extremely important. We learned take a look and note it is one of the that the sixty-year old law actually op- that through so we can avoid court ac- more reasonable committees now, erates to deter employers from offering tion. So what we are going to do is we where we are reaching bipartisan solu- equity participation programs, such as are going to end stock options. That is stock options, to hourly employees. tions to problems for people in the when the workers said to Congress: These programs are most prevalent workplace. That has always been our Solve this problem for us. in the high tech industry, yet increas- intent. We are actually having some That is what brings everybody to- ingly employers across the whole spec- confidence in each other now and are gether for a solution, the people at the trum of American industry have begun able to achieve those sorts of things. far end asking that they be allowed to to offer them. And, while these pro- I am pleased to be able to rise today continue participating in the pros- grams used to be reserved for execu- to speak in favor of S. 2323, the Worker perity of this country. That is what has tives, recent data shows that they are Economic Opportunity Act. The large happened in this instance. We are here making their way down the corporate number of bipartisan cosponsors on today because the workplace has ladder. A recent Federal Reserve Board this bill says a great deal for both its changed for the better, but the labor of Governors study found that 17% of importance and its balanced, fair na- statutes have not. Many employers firms have introduced stock options ture. I commend the hard work of my now give stock options, not only to the programs within the last two years and colleagues, Senator JEFFORDS, Senator executives and the managers, they give 37% have broadened eligibility for their MCCONNELL, and Senator DODD, both in it to secretaries, factory workers, jani- stock option programs in the last two crafting a solution on the issue and in tors, mailroom clerks—everybody. years. garnering the bipartisan support for Those are the hourly employees who Broad-based equity programs prove the bill. provide the critical support on which a valuable to both employers and em- Elizabeth Smith, the legal counsel company’s success is built. ployees. For employers, these programs for the Employment, Safety and Train- I am proud of those employers who have become a key tool for employee ing Subcommittee, has been one of the give stock options to those employees. recruitment, motivation and retention. coordinators of the bill and has helped They recognize the value of giving Employees seek out companies offering us to bring it all together. That is not workers a stake in the company’s busi- these programs because they enable only coordination between the House ness. They are leading the charge to workers to become owners and reap the and Senate, between Republicans and move workplaces into a new, modern benefits of their company’s growth. Democrats, but it is also with the ad- era of better employer-employee rela- When I first heard about the FLSA’s ministration. A few days ago we had an tions. In fact, the line is dimming on application to stock options, I became opportunity to gather and talk about who is the employer and who is the em- very concerned about its impact on our this bill and Secretary Herman was ployee. workforce. I was pleased to discover there, and she has played a role in get- Unfortunately, the decades-old Fair that Senators MCCONNELL, DODD, and ting this done. Labor Standards Act has not kept ENZI shared similar concerns and that The problem was brought to us from pace. This statute, drafted during a the Department of Labor also recog- where it should come, and that is the very different time in the history of nized that we had a problem on our workers. Workers were being told that the American workplace, threatened to hands that would require a legislative because of the labor laws, their em- prevent employers from giving hourly solution. Together we crafted the legis- ployers may have to stop giving them employees stock options. S. 2323 re- lation we are debating here today. stock options. moves this threat and ensures that

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.014 pfrm12 PsN: S12PT1 S2584 CONGRESSIONAL RECORD — SENATE April 12, 2000 companies can continue to give stock There are 12,000 pages of OSHA regu- have the opportunity to share in the options to hourly employees so they lations. It is difficult for a small busi- economic growth and success of their can share in the success of their em- nessman to make it through that many company formerly enjoyed only by cor- ployer and this country’s economic pages of that kind of rhetoric. So we porate executives. Moreover, compa- growth. have been trying to make it more in- nies, especially smaller companies with This legislation takes an important centive-based, so the agency would par- high capital costs in development, will step toward bringing an outdated labor ticipate more in telling them what be able to maintain the capital re- statute up to date with the modern they need to do instead of beating sources necessary to compete in the workplace. I am very concerned there them over the head for what they did rapid evolving global economy and, at are many other examples of problems not do. We think, with a more coopera- the same time, reward and retain high- such as the one we are solving today, tive program, there will be more safety ly qualified and valued employees. examples of other obsolete restrictions in the workplace; that employers will Finally, Mr. President, I would like in the 30- to 60-year-old labor statutes not live in fear of OSHA, but rather in to take a moment to thank Senator that are stifling the development of the anticipation of help from OSHA and an MCCONNELL for his work and dedication new creative ways to benefit employ- understanding of the way they can toward this legislation and the Depart- ees, such as the stock options program keep their employees safe. ment of Labor for recognizing the need and telecommuting arrangements. We Those are a few of the things we are to accommodate today’s employee and should be encouraging these advances working together on to have a better workplace innovations. in employer-employee relations, not workplace. This legislation is a key I yield the floor. stifling them. By passing this Worker piece and a key beginning to a number Ms. COLLINS. Mr. President, I rise Economic Opportunity Act we can pro- of changes we can make to affect the today to express my strong support for vide encouragement. I hope we can con- workers of this country. I look forward S. 2323, the Worker Economic Oppor- tinue to look for ways to solve similar to working together on similar meas- tunity Act. I am pleased to be a co- problems. ures in the future as we move toward sponsor of this legislation, which has I am particularly pleased the Depart- the shared goal of better matching our broad bipartisan support in both the ment of Labor has worked with us in Federal laws to the needs of the mod- Senate and the House of Representa- this bipartisan group. As chairman of ern workplace. tives. the Employment, Safety and Training I yield the floor. In recent years, we have seen sub- Subcommittee, I firmly believe co- Mr. JEFFORDS. Mr. President, I stantial growth in the use of employee operation between lawmakers and commend the Senator from Wyoming equity programs such as stock options, agency is the best way to develop prac- for his work not only on this bill but stock appreciation rights, and em- tical solutions that benefit both the on the other legislation he discussed. I ployee stock purchase plans. This employees and the businesses. also commend him for his help in the growth has not only been in the num- I want to mention we have been review of existing labor laws. The Sen- ber of companies which offer such doing that for about 2 years now. We ator understands the import of bring- plans, but also in the employees to passed the first changes in OSHA in 27 ing our labor laws in line with the whom such plans are available. While years, a year and a half ago; little in- needs into the 21st Century. I depend long used as a form of incentive for cremental changes that will make a upon him, and he produces. corporate executives, equity programs difference to the workers, that will Mr. ABRAHAM. Mr. President, I rise are now available to more employees make the workplace safer. That is today to express my support for the than ever. In fact, a 1998 survey by what we are trying to do. Recently we worked together on Worker Economic Opportunity Act. Hewitt Associates found that in excess home inspections. OSHA, through a This bipartisan legislation, also sup- of two-thirds of large U.S. companies letter, had suggested they were going ported by the Department of Labor, offered stock options to non-executive to go into the homes and check and see will encourage employers to provide employees, and more than a quarter of how telecommuters were operating. stock options to all employees, not just these companies make such plans Home is the least safe place there is. It executives, ensuring that all of our available to their entire workforce. worried a lot of companies about how workers will continue to have the op- Unfortunately, the Fair Labor Stand- they were going to do the inspections portunity for an ownership stake in ards Act, which was enacted in 1938, without imposing on the privacy of their company. does not recognize the importance of their employees. Employees were wor- In recent years, there have been revo- stock options as an employee benefit. ried about companies coming into their lutionary changes in the workplace, Thus, when asked how to deal with homes. The Department and OSHA and creating new opportunities for our stock options when calculating over- Congress saw the error of that. The De- working families—opportunities, which time pay for hourly-wage employees, partment withdrew the letter. Both for a long time, frequently existed only the Department of Labor ruled that the OSHA and congress agreed that OSHA for a select privileged few. One of the options would have to be included in should not be a threat to people work- most positive developments has been the calculations. ing in their home offices. People who the significant increase in the avail- The end result of this decision left work in their homes really enjoy doing ability of stock option plans for work- employers with two options: One, go that. There are a lot of benefits to ers, specifically hourly workers. through the burdensome task of recal- them, many of which people who work The decades-old employment laws do culating an employee’s regular pay in the District would understand be- not accommodate newer workplace in- rate, retroactively, based on the cause of the parking and the traffic novations and their application would change in the value of the stock from problems. I was very pleased that the unfairly punish hourly workers by the time the option was granted until agency and congress agreed on this. making their stock-option programs it was exercised; or, two, do not offer Last week we had agreement on a disproportionately expensive and com- any form of equity program to any em- funding proposal, a sense-of-the-Senate plex for employers. Subsequently, re- ployee who is not exempt from the Fair proposal that would have been on the cent Department of Labor legal inter- Labor Standards Act. budget agreement except for a par- pretations and policies have threatened Since complying with the Depart- liamentary move that was done at the the availability of stock option plans ment of Labor’s onerous ruling would last moment. But there was agreement for hourly employees. not likely be worth the benefit of offer- on both sides that there needs to be not Mr. President, it is imperative that ing an equity plan, the vast majority of only enforcement of OSHA—which does Congress send a clear message that the companies would be left to face option get attention—but justification by positive developments taking hold two, thus eliminating the use of a ben- OSHA of how it is reducing workplace around the country should be encour- efit that is popular with both employ- illnesses and injuries and a discussion aged, not thwarted. ers and employees. of the value of compliance assistance The Worker Economic Opportunity Recognizing the need to remedy this activities, which are extremely impor- Act would send just a message, ensur- matter, for the good of companies and tant. ing that all employees will continue to workers alike, a bipartisan group of

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.077 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2585 legislators worked to craft the bill we ers are daily facing new-found employ- risk-sharing developments in our econ- have before us today, the Worker Eco- ment opportunities. We are in a period omy. nomic Opportunity Act. This legisla- of almost unprecedented prosperity and Employees at every level should be tion would exempt employee equity sustained economic growth. And the allowed to reap the rewards of the suc- programs from the overtime require- bill we are voting on today is a direct cess of their company. All throughout ments of the Fair Labor Standards Act, consequence of that growth. the United States, it has become com- just as profit sharing and holiday It wasn’t long ago that benefits such mon place for employees to quit their bonus plans are exempted. In addition, as stock options were available only to job and go to work for progressive com- the bill protects employers who offered the upper levels of management. Com- panies who allow them to share in the employee equity programs prior to the panies are now offering stock options wealth that their corporations gen- date this legislation is enacted. as a way not only to attract, but to re- erate. I hear repeatedly from industrial This legislation will allow employers tain quality employees at all levels. companies whose compensation struc- to offer the kind of benefits which will This is a way of providing fairness to ture is often very different, that they allow them to attract a quality work- our nations workers—the ones who are losing their most talented and val- force, while providing employees with manage the daily ins-and-outs of the uable employees to these new, often a benefit they truly want. It is all too business, the ones who have quite lit- high-tech, corporations. And Mr. Presi- rare for Congress to come up with a erally built today’s economy. dent, that kind of competition for em- win-win solution to a problem, but in S. 2323 will clarify that providing ployees benefits all Americans and it’s this case we certainly have. stock options will not be counted to- a positive development. Mr. President, I urge my colleagues ward overtime pay for hourly employ- The Department of Labor’s ill-consid- to support this important legislation. ees. The vitality of our economy is a ered advisory opinion, threatened this development, and would have resulted Mr. KENNEDY. Mr. President, since tribute to the hard work and creativity in the cessation of often generous its enactment in 1938, the Fair Labor of these workers. Accordingly, it is un- stock option plans for non-managerial Standards Act has played a funda- acceptable that the Fair Labor Stand- and non-professional employees in mental role in ensuring a fairer stand- ards Act would be interpreted in a many of America’s most progressive ard of living for all American workers. manner that would effectively preclude corporations. It is critical that we rec- The act created basic rights for work- the offering of this valuable benefit to ognize the importance of these wealth- ers by establishing a federal minimum hourly employees who form the back- and risk-sharing developments to the wage, a 40 hour work week and over- bone of American business. health of the American economy and time pay for additional hours. It also The Fair Labor Standards Act al- carefully weigh each new regulation, protects children from abusive working ready exempts some employee benefits interpretation, and law before we rash- conditions and helps ensure that such as discretionary bonuses, health ly risk the financial health and well- women and men receive equal pay. insurance, and retirement savings being of the hard-working families who Throughout its existence, the act has plans from overtime calculations. We have everything to do with the level of been indispensable in improving the do this to encourage employers to pro- productivity our economy enjoys. standard of living for vast numbers of vide these critically needed benefits Mr. LEVIN. Mr. President, I will vote Americans. and incentives for their employees— in favor of the Worker Economic Op- The Department of Labor has effec- stock options should be no different. portunity Act, S. 2323. Stock options tively carried out its responsibility to We should not hinder the ability of have traditionally been distributed interpret the law with this purpose in our nation’s workers to participate in only to highly salaried executives, used mind. Given the high value of the act the economic success of the companies as an incentive to promote hard work in protecting workers’ rights to a fair they are helping to building. If employ- on behalf of the company. As a com- workplace, Congress must remain vigi- ers choose to offer profit-sharing op- pany’s bottom line improves due in lant to ensure that any changes in this tions, they should not be penalized part to the executive’s efforts, the important law do not undermine the when calculating over-time wages. value of the company’s stock increases, wage and hour protections guaranteed Mr. President, I support this critical eventually rewarding the executive to workers under the act. clarification of the Fair Labor Stand- when he or she ultimately exercises the I support the current bill because it ards Act and I urge my colleagues to option and later sells the stock. I have helps ensure that employers cannot vote for the bill. Thank you, Mr. Presi- long maintained that stock options misuse the act as an excuse to exclude dent, I yield the floor. ought be provided to all types of em- rank and file workers from the stock Mr. BENNETT. Mr. President, I rise ployee—whether hourly or salaried, option plans, stock appreciation rights, today to support Senator MCCONNELL’s management or clerica—and not just and stock purchase plans they provide stock options legislation, S. 2323, and the top brass. That is why I introduced to higher paid employees. commend him for his hard work on this the Ending the Double Standards for I commend Senator DODD, Senator issue. This legislation allows compa- Stock Options Act last Congress, which JEFFORDS, Senator ENZI, and Senator nies who currently offer non-salaried would have encouraged corporations to MCCONNELL for developing this narrow, employees a stock options program to adopt plans in which a minimum of but important, clarification of the act. continue to incentivize their work 50% of all options would go to non- It is a needed modernization of the law, force without the threat of sanctions of management employees. After all, a and it arose from unique cir- the U.S. Department of Labor. company’s success depends on the ef- cumstances. I am confident that the This is an easy one to support. The forts of more than just its executives. Secretary of Labor will promulgate United States is unique in the world I am hopeful that the Worker Eco- regulations interpreting this bill in a with regard to how our stock options nomic Opportunity Act will encourage way that protects the fundamental and the wealth generated in our com- the growth of broad-based employee right of workers to receive overtime panies are shared with those who sig- stock option plans in corporate Amer- pay and not be forced to work overtime nificantly participate in their creation. ica. The Act excludes stock options to participate in stock plans. It is of As in most of the rest of the world, it from overtime pay calculations for the utmost importance that any used to be that only our top executives hourly employees. Current law also ex- change in the act serves to strengthen received stock options from their com- cludes benefits like discretionary bo- the protections for workers, not weak- panies. Today, many high tech compa- nuses, employer-provided health insur- en them. nies offer stock options to all of their ance, and retirement benefits from Ms. SNOWE. Mr. President, I rise employees, from the clerk to the CEO. overtime pay rates. But current law today to express my support for the Particularly with regard to an individ- doesn’t address stock options. Last Worker Economic Employment Oppor- ual’s retirement needs, stock options year, the Department of Labor indi- tunity Act. Mr. President, every time are a tremendous financial opportunity cated that, without action by Congress, we turn around it seems that we hear for all workers and their families. We companies would likely have to include about how strong our nation’s economy must do everything in our power to the value of stock options when fig- is right now—and how America’s work- preserve these positive wealth- and uring an hourly employee’s overtime

VerDate 20-MAR-2000 04:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.083 pfrm12 PsN: S12PT1 S2586 CONGRESSIONAL RECORD — SENATE April 12, 2000 pay rate. Corporate America has ar- [Rollcall Vote No. 81 Leg.] tivity) of any business unit consisting of at gued that the administrative and fi- YEAS—95 least 10 employees or of a facility, except that, any determinations may be based on nancial burdens associated with such Abraham Edwards Lincoln inclusion, given a huge number of dif- Akaka Enzi Lott length of service or minimum schedule of hours or days of work; or ferent employees having different Allard Feingold Lugar Ashcroft Feinstein Mack ‘‘(ii) made based upon the past perform- amounts of options with different exer- Baucus Fitzgerald McCain ance (which may include any criteria) of one cise dates and strike prices, outweigh Bayh Frist McConnell or more employees in a given period so long the benefits of having a broad-based Bennett Gorton Mikulski as the determination is in the sole discretion Biden Graham Murkowski of the employer and not pursuant to any stock option plan. Bingaman Gramm Murray This legislation is not inconsistent Bond Grams Nickles prior contract.’’. with my proposal to require the report- Boxer Grassley Reed (b) EXTRA COMPENSATION.—Section 7(h) of ing of stock options as an expense on a Breaux Gregg Reid the Fair Labor Standards Act of 1938 (29 Brownback Hagel Robb U.S.C. 207(h)) is amended— company’s financial statements, a key Bryan Harkin Roberts (1) by striking ‘‘Extra’’ and inserting the part of the Ending the Double Stand- Bunning Hatch Santorum following: ards for Stock Options Act. Therefore, Burns Helms Sarbanes ‘‘(2) Extra’’; and Byrd Hollings Schumer I support the Worker Economic Oppor- Campbell Hutchinson Sessions (2) by inserting after the subsection des- tunity Act to remove a potential bar- Chafee, L. Hutchison Shelby ignation the following: rier to workers’ participation in the Cleland Inhofe Smith (NH) ‘‘(1) Except as provided in paragraph (2), prosperous American economy they Cochran Inouye Smith (OR) sums excluded from the regular rate pursu- Collins Jeffords Specter helped create. ant to subsection (e) shall not be creditable Conrad Johnson Stevens toward wages required under section 6 or Mr. JEFFORDS. Mr. President, I ask Coverdell Kennedy Thomas overtime compensation required under this unanimous consent that for the next 5 Craig Kerrey Thompson Crapo Kohl Thurmond section.’’. minutes the time be held open, and Daschle Kyl Torricelli (c) EFFECTIVE DATE.—The amendments then at 2:05 p.m. I will yield back all DeWine Landrieu Voinovich made by this section shall take effect on the the time on the measure, and I ask Dodd Lautenberg Warner date that is 90 days after the date of enact- unanimous consent that there be a pe- Domenici Leahy Wellstone ment of this Act. Dorgan Levin Wyden (d) LIABILITY OF EMPLOYERS.—No employer riod for morning business from 2:05 Durbin Lieberman p.m. until 2:30 p.m., with the time shall be liable under the Fair Labor Stand- NOT VOTING—5 ards Act of 1938 for any failure to include in equally divided. an employee’s regular rate (as defined for The PRESIDING OFFICER. Without Kerry Rockefeller Snowe Moynihan Roth purposes of such Act) any income or value objection, it is so ordered. derived from employer-provided grants or Mr. JEFFORDS. Mr. President, I sug- The bill (S. 2323) was passed, as fol- rights obtained pursuant to any stock op- gest the absence of a quorum. lows: tion, stock appreciation right, or employee The PRESIDING OFFICER. The S. 2323 stock purchase program if— clerk will call the roll. Be it enacted by the Senate and House of Rep- (1) the grants or rights were obtained be- The bill clerk proceeded to call the resentatives of the United States of America in fore the effective date described in sub- roll. Congress assembled, section (c); SECTION 1. SHORT TITLE. (2) the grants or rights were obtained with- Mr. JEFFORDS. Mr. President, I ask in the 12-month period beginning on the ef- unanimous consent that the order for This Act may be cited as the ‘‘Worker Eco- nomic Opportunity Act’’. fective date described in subsection (c), so the quorum call be rescinded. SEC. 2. AMENDMENTS TO THE FAIR LABOR long as such program was in existence on the The PRESIDING OFFICER. Without STANDARDS ACT OF 1938. date of enactment of this Act and will re- objection, it is so ordered. (a) EXCLUSION FROM REGULAR RATE.—Sec- quire shareholder approval to modify such Mr. JEFFORDS. Mr. President, what tion 7(e) of the Fair Labor Standards Act of program to comply with section 7(e)(8) of the is the order of business? 1938 (29 U.S.C. 207(e)) is amended— Fair Labor Standards Act of 1938 (as added The PRESIDING OFFICER. Before (1) in paragraph (6), by striking ‘‘or’’ at the by the amendments made by subsection (a)); the Senate is S. 2323. end; or (2) in paragraph (7), by striking the period (3) such program is provided under a collec- The bill is before the Senate and open tive bargaining agreement that is in effect to amendment. If there be no amend- and inserting ‘‘; or’’; and (3) by adding at the end the following: on the effective date described in subsection ment to be proposed, the question is on ‘‘(8) any value or income derived from em- (c). the engrossment and third reading of ployer-provided grants or rights provided (e) REGULATIONS.—The Secretary of Labor the bill. pursuant to a stock option, stock apprecia- may promulgate such regulations as may be The bill was ordered to be engrossed tion right, or bona fide employee stock pur- necessary to carry out the amendments for a third reading and was read the chase program which is not otherwise ex- made by this Act. third time. cludable under any of paragraphs (1) through Mr. LOTT. I move to reconsider the Mr. JEFFORDS. Mr. President, I ask (7) if— vote. for the yeas and nays. ‘‘(A) grants are made pursuant to a pro- Mr. JEFFORDS. I move to lay that The PRESIDING OFFICER. Is there a gram, the terms and conditions of which are motion on the table. communicated to participating employees sufficient second? either at the beginning of the employee’s The motion to lay on the table was There is a sufficient second. participation in the program or at the time agreed to. The question is on the passage of the of the grant; f bill. ‘‘(B) in the case of stock options and stock The clerk will call the roll. appreciation rights, the grant or right can- ORDER OF PROCEDURE The bill clerk called the roll. not be exercisable for a period of at least 6 Mr. LOTT. Mr. President, I had hoped Mr. NICKLES. I announce that the months after the time of grant (except that we would be able to announce a unani- grants or rights may become exercisable be- Senator from Delaware (Mr. ROTH) and mous consent agreement at this time cause of an employee’s death, disability, re- the Senator from Maine (Ms. SNOWE) as to how we will proceed on elimi- tirement, or a change in corporate owner- are necessarily absent. ship, or other circumstances permitted by nating the marriage tax penalty and Mr. REID. I announce that the Sen- regulation), and the exercise price is at least what amendments would be in order ator from Massachusetts (Mr. KERRY), 85 percent of the fair market value of the and how much time. I have now re- the Senator from New York (Mr. MOY- stock at the time of grant; ceived a list of amendments from Sen- NIHAN), the Senator from West Virginia ‘‘(C) exercise of any grant or right is vol- ator DASCHLE, but we have had only a (Mr. ROCKEFELLER) are necessarily ab- untary; and couple of minutes to review that. We sent. ‘‘(D) any determinations regarding the need a little time. I understand several The PRESIDING OFFICER. Are there award of, and the amount of, employer-pro- of the amendments actually have been vided grants or rights that are based on per- any other Senators in the Chamber de- formance are— filed. There may be one or two on siring to vote? ‘‘(i) made based upon meeting previously which we don’t actually have access to The result was announced—yeas 95, established performance criteria (which may an amendment. For instance, Senator nays 0, as follows: include hours of work, efficiency, or produc- TORRICELLI may have an amendment

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.129 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2587 prepared and we would like to get a the Tax Code—and, frankly, from my at the lowest incomes who are working copy of the amendment. We would like point of view, it is not the only thing I at the minimum wage, more than 60 to have a little time to review the list want to do and there are more impor- percent of whom are women. Raising and the substance of these amend- tant things we can do to help the mid- the minimum wage would go a long ments. We have agreed we should go dle class in this country—the most way to doing something good for people forward with general debate while we honest thing to do is repeal the penalty who are married and in the low brack- do that. in these 65 occasions in which it ap- ets. A tuition tax break for people who I ask consent the Senate resume the pears in the Tax Code. send their kids to college would go a pending legislation for debate, equally However, the GOP plan fully elimi- long way to helping married people and divided, until the majority leader is nates only 1 of these penalties, par- their families. A prescription drug ben- recognized at 4:30 this afternoon. tially eliminates 2 others, and it leaves efit would help those families who are The PRESIDING OFFICER. Without 62 marriage penalties in the code. seeing their moms and dads struggling objection, it is so ordered. We have a situation where we are along, not being able to afford prescrip- f told we can do away with the marriage tion drugs. tax penalty, but when we look at the So the question we face, just to sum MARRIAGE TAX PENALTY RELIEF fine print, we are not doing away with it up as we look at this Republican ACT OF 2000—Resumed the marriage tax penalty at all. We are plan, is this: Why would we do some- Pending: only doing it in one place, completely, thing that says it is relieving the mar- Lott (for Roth) amendment No. 3090, in the where it appears, and partially in an- riage tax penalty when it leaves 62 nature of a substitute. other couple. And we are leaving 62 marriage tax penalties in place? Why The PRESIDING OFFICER. The penalties in place. would we do that? It is not real. We are Chair, in his capacity as a Senator So I do not really think this is a good telling people we are doing something from the State of New Hampshire, sug- way for us to proceed because it is so we are not doing. We are backloading gests the absence of a quorum. expensive and we have not taken care it. We are breaking the Treasury. We of the marriage tax penalty. It is an- The clerk will call the roll. are eating into the non-Social Security other one of these risky tax schemes The legislative clerk proceeded to surplus. Why would we do that? call the roll. that is going to come back to haunt us Why not look at a more modest plan? Mr. BAUCUS. Mr. President, I ask because it is going to rob us of debt re- We have some ideas on that. We are unanimous consent that the order for duction. going to hear about one of them today. When you add it to all the tax bills the quorum call be rescinded. Why don’t we look at raising the min- that have already passed the Senate The PRESIDING OFFICER. Without imum wage? Why don’t we look at the objection, it is so ordered. with majority support from the Repub- licans, it is breaking the back of the prescription drug benefit or the tuition Mr. BAUCUS. Mr. President, I yield tax break for our families who are 10 minutes to the Senator from Cali- non-Social Security surplus. We will have no surplus. Pretty soon, we are struggling to send their kids to col- fornia. lege? Why don’t we look at this eco- Mrs. BOXER. Mr. President, I know going to start eating into that surplus. We are going to hear Senator BAUCUS nomic recovery and together, both the majority leader is looking over talk about why he believes this plan is sides of the aisle, say we do not want to amendments that Members on this side flawed. It actually hurts some people derail it by doing these tax breaks, one of the aisle want the opportunity to at the lower end of the scale. It does after the other after the other after the offer to the bill on the marriage tax not do what it purports to do. other. They are adding up to hundreds penalty. I certainly hope the majority We are going to hear from Senator of billions of dollars. leader will be able to accommodate us. BAYH, who has another idea that is cer- If our President were not so strong in After all, if we were using the regular tainly more affordable and would allow saying let’s keep this country on a fis- rules of the Senate, we could offer any us to do other things we need to do for cally sound basis, we would be in a lot and all amendments; that is, the rules our people, such as the prescription of trouble, if those bills had been of the Senate provide Members can, in drug benefit. signed. fact, offer amendments on bills that We now know for sure that our peo- I asked of the Senator from Montana come before the Senate. ple are suffering because they cannot yesterday—I was talking to his staff— The Senator from Montana, who has afford prescription drugs. If we listen how many tax bills have already gone done so much work on this marriage to Senator WYDEN, who has spoken on through here with the votes of the tax penalty issue, and I were talking this eloquently, we know our senior other side of the aisle. I think his staff about how much the procedure around citizens are not taking their prescrip- told me it was about $500 billion at this here is like the House of Representa- tion drugs. They are cutting their pills point, $500 billion of tax breaks—by the tives with tremendously restricted op- in half. They risk getting strokes. way, most of them to people who do portunities for debate and restricted They risk getting heart attacks. They not want them, who do not need them, opportunities to offer amendments. We cannot afford the prescription drugs. who are asking us to keep the economy are working very hard, on our side of While we are talking about a mar- strong, reduce the debt, and do tar- the aisle, to fight for the right merely riage tax penalty—and a lot of relief geted tax breaks for the people who to put matters before the Senate. We goes to people who are earning a lot of really need them. may not win every time, but the fact is money in this country—what about the I hope the majority leader will ac- we are here for a reason and that is to prescription drug benefit? What about cept these amendments we have come legislate; it is to bring these matters a tuition tax break for parents who are up with, allow us to debate as Sen- before the American people in this struggling to send their kids to college ators, not turn us into the House of forum called the Senate. and college tuition goes up each and Representatives which gives its Mem- The bill purports to take care of the every year? bers very few rights to offer amend- marriage tax penalty, but I have big We cannot do these things in a vacu- ments. I hope we will reject this Re- news for everyone: It does not take um. We have to look at the entire pic- publican plan because it does not do care of the marriage tax penalty. Why ture. We have to ask ourselves: Do we what it says it does. It is fiscally irre- do I say this? I get this directly from want to give tax breaks or do we want sponsible, and it stops us from doing Senator MOYNIHAN’s work on this issue all the money to go to debt reduction? the good things we need to do for our as the ranking member of the Finance I myself would like to give targeted tax families. Committee. We know there are 65 mar- breaks that we can afford to the middle The PRESIDING OFFICER. Who riage tax penalties in the code for all class, who needs them, and use the rest yields time? taxpayers—65. of the money for debt reduction and for Mr. HARKIN. Mr. President, I yield 7 So if you really believe the marriage investments in our people, in our chil- minutes to the Senator from Massa- tax penalty is your biggest priority and dren. chusetts. that is all you want to do, that it is the In closing, there is something we can Mr. KENNEDY. Mr. President, I sup- most important thing as you look at really do for married people here, those port legislation which would provide

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.086 pfrm12 PsN: S12PT1 S2588 CONGRESSIONAL RECORD — SENATE April 12, 2000 tax relief to the working families who to people who pay a marriage penalty. and costs American families thousands are currently paying a marriage pen- That was not enough for the Senate of dollars each year. It is something alty. Such a penalty is unfair and Republicans. They raised the cost to that should have been eliminated long should be eliminated. However, I do not $248 billion over 10 years. A substantial ago. support the proposal the Republicans majority, 58 percent of the tax breaks I look forward to supporting the Mar- have brought to the floor. in the Senate bill, would go to tax- riage Penalty Relief Act. I hope there While its sponsors claim the purpose payers who do not pay a marriage pen- will be an overwhelming vote in the of the bill is to provide a marriage pen- alty. Senate for this bill. alty relief, that is not its real purpose. Nor is this the only tax bill the Re- f In fact, only 42 percent of the tax bene- publicans have brought to the floor MILITARY RECRUITER ACCESS fits contained in the legislation go to this year. They attached tax cuts to ENHANCEMENT ACT OF 2000 couples currently subject to a marriage the minimum wage bill in the House of penalty. The majority of the tax bene- close to $123 billion and tax cuts to the Mr. HUTCHINSON. Mr. President, I fits would actually go to couples who bankruptcy bill in the Senate of almost rise today to speak in favor of S. 2397, are already receiving a marriage bonus $100 billion. They have sought to pass the Military Recruiter Access En- and to single taxpayers. As a result, tax cuts of $23 billion to subsidize pri- hancement Act of 2000. This bill is de- the cost of the legislation is highly in- vate school tuition and reduce the in- signed to assist armed services recruit- flated. It would cost $248 billion over heritance tax paid by multimillion- ers in gaining access to secondary the next 10 years. aires. Not including the cost of this schools and school student directory As with most Republican tax breaks, bill, the Republicans in the House and information for military recruiting the overwhelming majority of the tax Senate have already passed tax cuts purposes. The matter of recruiting and retain- benefits would go to the wealthiest that would consume $443 billion over ing military personnel of the highest taxpayers. This bill is designed to give the next 10 years. The result of this tax quality and in the quantity needed to more than 78 percent of the total tax cut frenzy is to crowd out necessary maintain the optimal personnel savings to the wealthiest 20 percent of spending on the priorities which the strength of our armed services has been the taxpayers. It is, in reality, the lat- American people care most about—edu- a topic of great interest to myself and est ploy in the Republican scheme to cation, prescription drugs for senior my colleagues on the Senate Armed spend the entire surplus on tax cuts citizens, health care for uninsured fam- Services Personnel Subcommittee. which would disproportionately benefit ilies, strengthening Medicare and So- I have heard detailed testimony in the richest taxpayers. That is not what cial Security for future generations. hearings this year from top Depart- the American people mean when they Finally, I want to bring another mat- ment of Defense manpower officials ask for relief from the marriage pen- ter to the attention of the Senate. It is and actual military recruiters—those alty. With this bill, the Republicans another marriage penalty, and that is, on the front lines doing the recruit- have deliberately distorted the legiti- there are 13 States—which represent 22 ing—regarding the challenges of con- mate concerns of married couples for percent of the American people—that tacting and informing young people tax fairness. have laws saying when one gets mar- today about the benefits of a career in All married couples do not pay a ried, they lose the coverage under Med- the military. As I have contemplated marriage penalty. In fact, a larger per- icaid they might otherwise have if they the detailed testimony received on the centage of couples receive a marriage were single. For example, in the State subject, it is clear there are several bonus than pay a marriage penalty. of Maine, one is eligible as a single per- factors combining to make the tough The only couples who pay a penalty are son for Medicaid up to $14,000, but if it job of recruiting young people for mili- those families in which both spouses is a couple, each earning $7,000 so the tary service even tougher. work and have relatively equivalent in- family income is $14,000, neither of We found the following: The com- comes. They deserve relief from this them gets Medicaid coverage. That is bined effects of the strongest economy inequity, and they deserve it now. true in 13 States. in 40 years, the lowest unemployment We can provide relief to the over- If we are going to take a look at the rate since the establishment of an all- whelming majority of the couples sim- marriage penalty for the wealthier in- volunteer force, and a declining pro- ply and at a modest cost. That is what dividuals in this country, what about pensity on the part of America’s youth the Senate should do. Instead, the Re- the marriage penalty for some of the to serve in the military make the re- publicans have insisted on greatly in- working poor who are trying to make cruitment of persons for the Armed flating the cost of the bill by adding ends meet? That is an issue I hope to Forces unusually challenging in the extraneous tax breaks primarily bene- have an opportunity to debate when we economic climate in which we exist. fiting the wealthiest taxpayers. get into a discussion of the proposal For the recruitment of high quality A plan that would eliminate the mar- put forward by the Democratic leader. men and women, each of the Armed riage penalty for the overwhelming The PRESIDING OFFICER (Mr. Forces face intense competition from majority of married couples could eas- SMITH of New Hampshire). The Senator the other branches of the Armed ily be designed and cost less than $100 from Arkansas. Forces. They face competition from billion over 10 years. The House Demo- Mr. HUTCHINSON. Mr. President, I the private sector, and they face com- crats offered such a plan when they de- ask unanimous consent to speak for up petition from postsecondary edu- bated this issue in February. The to 15 minutes on an unrelated topic. cational institutions recruiting young amendment which Senator BAYH in- Mr. BAUCUS. Mr. President, we are people as well. tends to offer to this bill would also ac- now on the marriage penalty bill. I It is becoming increasingly difficult complish that goal. If the real purpose suggest to the Senator, since there are for the Armed Forces to meet their re- of the legislation is to eliminate the no other Members on the floor, he can spective recruiting goals. Despite a va- marriage penalty for those working take time off the majority side on the riety of innovative approaches taken families who actually pay a penalty pending measure. by recruiters and the extensive pro- under current law, it can be accom- The PRESIDING OFFICER. The Sen- grams of benefits that are available for plished at a reasonable cost. ator is recognized. recruits, recruiters have to devote ex- The problem we have consistently Mr. HUTCHINSON. Mr. President, traordinary time and effort to fill faced is that our Republican colleagues since this is coming off our time on the monthly requirements for immediate insist on using marriage penalty relief marriage tax penalty bill, I commend accessions. as a subterfuge to enact large tax Senator HUTCHISON and all those who Unfortunately—and this is, I think, breaks unrelated to relieving the mar- have worked so diligently on both sides dismaying and surprising to most riage penalty and heavily weighted to of the aisle and in the House of Rep- Americans—a number of high schools, the wealthiest taxpayers. The House resentatives to provide relief on this thousands of high schools, have denied Republicans put forward a bill which onerous and perverse provision in our recruiters for the Armed Forces access would cost $182 billion over 10 years Tax Code that puts the institution of to the students or to the student direc- and give less than half the tax benefits marriage in a disadvantageous position tory information of those high schools.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.089 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2589 In 1999, there were 4,515 instances of Step 2: Should access still be denied, directory information is often shared denial of access to the Army. There within 60 days of the visit in step 1, the by high schools with cap and gown were an additional 4,364 instances in Secretary of Defense must then notify companies, college recruiters, and pri- the case of the Navy, 4,884 instances in the State’s chief executive—presum- vate industry representatives, but de- the case of the Marine Corps, and 5,465 ably the Governor—of the denial and nied to Armed Forces recruiters. We instances of denial of access to Air request his or her assistance. A copy of must take active steps to eliminate Force recruiters. In total, there were this request is also sent to the Sec- that sort of bias, whether intended or over 600 high schools across this coun- retary of Education. not, and reestablish an equal footing try that denied access to at least three Step 3: If access for recruiters is still for our Armed Forces recruiters with branches of the services, the largest of not achieved a year after the Governor other groups seeking to contact stu- those school districts is San Diego, CA. has been notified—a full 18 months dents. We must remember that recruit- As of the beginning of 2000, nearly since the initial discovery that they ers represent the primary tool of not one-fourth of all high schools nation- are denying access—and if it is found only the Department of Defense but wide did not release student directory that the school in question denies ac- Congress, as well, in fulfilling our con- information to Armed Forces recruit- cess for two or more of the Armed stitutional requirements to raise and ers. Services, that school will be placed on maintain an army, the Armed Forces. In testimony presented to the Com- a list maintained by the Department of There is no doubt in my mind that mittee on Armed Services of the Sen- Defense and will be denied Federal the recruiting professionals in all ate, recruiters of the Armed Forces funds until such time as recruiter ac- branches of our Armed Forces are top- stated that the single biggest obstacle cess is restored. notch role models, fully capable of suc- to carrying out their recruiting mis- People may say that is having a ceeding in their respective recruiting sion is the denial of access to directory heavy hand. May I say, there is no missions, but they need to have a sup- information about students, for a di- school in America that ought to ever portive and conducive contact environ- rectory listing of high school students lose Federal funding under this law be- ment. is the recruiter’s basic tool. When di- cause no school should ever have to This bill will provide school officials rectory information is not provided by deny access to military recruiters. of institutions currently restricting ac- schools, recruiters must spend valuable There is an ample amount of time—a cess to recruiters with additional in- time, otherwise available for pursuing full 18 months—for negotiations, dis- centive to improve or restore that ac- recruiting contacts, to construct a list cussion, in bringing in the Governor of cess. from school yearbooks and other the State, to try the reconcile what- This bill will bring attention locally sources. This dramatically reduces ever problems there might be. and nationally to the problems of ac- both the number of students each re- I think the importance of this bill cess restriction to Armed Forces re- cruiter can reach and the time avail- cannot be overstated. We have an obli- cruiters. able communicating with the students gation to provide an environment for This bill sends a clear signal to DOD that the recruiters can eventually our recruiters that, at the very least, leaders and to the people of our coun- locate. places them on a level playing field try that we recognize the problem re- The denial of direct access to stu- with the recruiters of colleges and uni- cruiters face in supporting the concept dents and denial of access to directory versities and with representatives from of our all-volunteer force. information unfairly hurts America’s private industry. This bill provides a reasonable and young people. Today, the recruiting of high school calculated approach to improving ac- High schools that deny access to students actually starts in junior high cess with a phased escalation in the military recruiters prevent students school for colleges, for universities, negative consequences for schools in- from receiving all of the information and even for private-sector jobs. To say sisting upon perpetuating nonaccess on the educational and training incen- a recruiter cannot have contact until policies. It is nonantagonistic, it is tives offered by the Armed Forces, thus that student is out of high school puts nonconfrontational, but it is firm. impairing the career decisionmaking them at an incredible disadvantage. This bill does not attempt to dictate process of students by limiting the While DOD has had the ability to local practices from Washington, as availability of complete information withhold Federal funding from colleges some may charge. This bill merely re- on what options they have before them. and universities which denied access to quires schools to provide—and I quote The denial of access for Armed military recruiters, there has not been from the bill’s language— Forces recruiters to students or to di- any significant recourse available at . . . the same access to secondary school rectory information ultimately under- the secondary school level. students, and to directory information con- mines our national defense by making In some cases, a few select adminis- cerning such students, as is provided gen- it harder for our Armed Forces to re- trators can make decisions about re- erally to post-secondary educational institu- cruit young Americans in the quantity cruiter access based on their own per- tions or to prospective employers of those and of the quality necessary for main- sonal bias or lack of familiarity with students. taining the readiness of the Armed the positive aspects of military service. We are just simply saying: Make the Forces to provide national defense. These ‘‘gatekeepers’’ effectively block playing field level. If you are going to The bill I have introduced legislates information from students by denying deny access to Army recruiters, Air a series of formal steps to be taken access to recruiters. These nonaccess Force recruiters, Marine recruiters, with secondary schools that deny ac- policies may actually exist when the Navy recruiters, then we expect the cess to students or student directory community at large in the school’s same denial would be applied across information to recruiters. area is very much supportive of the the board to private industry recruit- Step 1: The Department of Defense Armed Forces and recruiting efforts. ers and to colleges and universities. If will be required to send a general offi- We must work collectively as a na- you are going to provide access to pri- cer or flag officer to visit the local edu- tion to keep our military ‘‘connected’’ vate industry and to colleges and uni- cation agency to arrange for recruiting with the people they serve. The con- versities, likewise, that access must be access within 120 days following a re- cept of an all-volunteer force will only provided under this legislation to those port of access denial. continue to be successful when the seeking to recruit for our Armed Should a school say, no, we are not compensatory benefit package we offer Forces. going to let military recruiters access, young people is competitive and the The size of our Armed Forces has de- the first step is, negotiations. They career information on current edu- creased significantly over the past dec- would try to work this out. You would cational and financial incentives is ade. The number of veterans is decreas- have a flag officer, or a general officer, readily available to potential recruits. ing daily. Fewer and fewer young peo- who would go to the school, visit with There are those who are understand- ple today have a close relative or friend the superintendent, the principal, the ably concerned about maintaining the with military service experience. We counselors, and find out what the prob- privacy of personal contact informa- have in the Congress a corporate re- lem is. tion. It is ironic, however, that student sponsibility to make an extra effort to

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.091 pfrm12 PsN: S12PT1 S2590 CONGRESSIONAL RECORD — SENATE April 12, 2000 invite young men and women to bring Approximately 80 percent of the approach claims to be a marriage tax their talent into the service of their Americans who currently pay the mar- penalty reduction bill but, as has been country and to take advantage of the riage tax penalty would have their pen- alluded to by several other speakers, outstanding educational and training alty eliminated entirely under our more than half of the benefits go to benefits currently available. Few occu- approach. those who do not have a marriage tax pations offer the patriotic satisfaction Secondly, I favor this approach be- penalty at all. Many things can be said of military service. cause it allows us to deal with this about this proposal. Calling it a mar- A healthy all-volunteer force does problem in the most affordable man- riage tax penalty bill is not one of not just happen. When I asked recruit- ner, also giving us the freedom to ad- them. ers appearing before a recent Personnel dress other important issues that have Secondly, it is too slow. It is phased Subcommittee hearing what Congress faced our great country. I support the in over a 7-year period. Why should we could do to help them bring the best Targeted Marriage Penalty Relief Act wait so long to give this important re- and brightest into today’s military, of of 2000 because it strikes the right bal- lief to the taxpayers of America? If it course they responded that educational ance between fiscal responsibility and is truly a pressing problem, surely we benefits would help, they responded a socially progressive policy, which I can afford to act much sooner than that health care benefits would help, think is best for our country. that. they responded that improving housing I support relief of the marriage tax Third, it is regressive in nature. More would help. But equally important was penalty for several important reasons. than half of the benefits under the ap- their request for help in convincing First, as a matter of basic justice. It is proach taken by the majority go to parents and educators that enlisting not right that two individuals should those earning more than $100,000 a their children and students was ‘‘not pay more in taxes simply because they year. the last choice’’ but a first choice, and are married. When our Tax Code falls I have no trouble with the wealthy in to help them gain access to students on into ridicule, compliance drops and the our society. In fact, I wish we had more school grounds and access to student Government, as a whole, falls into dis- wealthy in the United States of Amer- directory information. repute. We should not allow this to ica. But at a time when we have to In response to the DOD request for happen. We can take an important step assistance, I would like to respond in make difficult decisions and allocate to preventing this from happening by scarce resources among competing pri- two ways: dealing with the marriage penalty First, by inviting all of my col- orities, I think relief of the marriage problem. tax penalty needs to be more squarely leagues in the Senate, regardless of Secondly, I support marriage tax where they hail from, to join with me focused upon the middle class, an ap- penalty relief as a matter of social pol- proach not taken by the majority. in pledging to visit one or more high icy. Marriages and families are the Finally, and most significant of all, schools in their home States this year basic building blocks on which our so- is the issue of affordability. The ap- and to promote military service as an ciety is built. Too many marriages proach taken by the majority would attractive career opportunity while ad- today end in disillusion. Too many use fully $248 billion over the next 10 dressing students and facility mem- families today are fractured because of years to solve this problem, severely bers. This is one positive step we can the strains they face, often financial limiting our ability to deal with other all take to demonstrate our support for strains. If we can take action to pressing matters that face our country. a healthy Armed Forces recruiting strengthen families and marriages, to process. provide a sound and secure environ- If you care about a drug benefit for Secondly, I urge my colleagues to ment in which children can be raised, Medicare, not only is the majority po- support this bill, the Military Re- it is better for our country in a whole sition silent about your concerns, it in cruiter Access Enhancement Act of host of important ways. fact limits our ability to do something 2000, in an enthusiastic and bipartisan I support the marriage tax relief pro- about your concerns. If you care about fashion. We want and need the bright- visions I speak to today as a matter of making college more affordable by in- est and the best to serve in our Armed economic policy. During prosperous cluding a college tax deduction or cred- Forces. I cannot help but think of the times when we enjoy surplus, it is only it to lower the cost of college, not only many outstanding citizens in all walks right that we share some of that hard- does the majority position do nothing of life, indeed, including many of my earned benefit with those who have to address your concerns, in fact it esteemed colleagues right here in the generated it in the first place: the tax- makes addressing your concerns and Senate, who began their adult lives payers of our country. reducing the burden of the college ex- with service to our Nation in one of the All of this is not to say we can afford pense on working families more dif- branches of the Armed Services. We just any approach to resolving the ficult to accomplish. If you care about owe it to the recruiters of our services marriage penalty situation. We have to caring for the elderly, a sick parent or to do all we can to help them succeed get it right. We have to do it in a way grandparent, not only is the majority in their tireless efforts to bring in that is affordable and balanced with approach silent about your concerns, it quality men and women for the defense the other needs our country faces. This in fact makes it more difficult to deal of our country. with this important and pressing mat- Mr. President, I thank you for your cannot be said of all the approaches currently before this body. Some of the ter. If you care about debt relief or indulgence and thank the Senator from about education reform, not only is the Texas for her willingness to yield to me approaches are poorly targeted, more than we can afford and, in fact, do not majority position silent about your this time and for her tireless efforts on concerns, it in fact makes it more dif- behalf of tax relief for the families in deserve the title of marriage tax pen- alty relief at all. ficult to consider. this country. Fortunately, there is another alter- I yield the floor. I admire the work done by the Demo- native, one that is targeted, one that is f crats on the Senate Finance Com- mittee; in particular, the leadership of immediate, one that is progressive, and MARRIAGE TAX PENALTY RELIEF the ranking member, Senator MOY- one that is affordable. The approach I ACT OF 2000—Continued NIHAN, and Senator BAUCUS. Their ap- speak to today, as the approach taken The PRESIDING OFFICER. Who proach is truly targeted to ending the by the Democrats in the Senate Fi- yields time? marriage tax penalty problem. It is in- nance Committee, is a true marriage The Senator from Indiana. tellectually elegant, and I appreciate tax penalty relief bill. No one who does Mr. BAYH. Mr. President, I rise to the work they have done in this regard. not currently pay a marriage tax pen- speak on behalf of the Targeted Mar- We have several practical issues we are alty will be eligible for a tax cut under riage Penalty Relief Act of 2000. I do so working through, but their approach this provision. It helps those who have because I believe it affords us the best truly deserves the title ‘‘marriage tax the problem get relief, which is the opportunity to deal with this problem penalty relief.’’ way it should be. in a way that will relieve this penalty The same cannot be said of the ap- Secondly, the relief is immediate. In from the vast majority of Americans. proach taken by the majority. Their the first year of this approach, fully 51

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.093 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2591 percent of Americans who pay a mar- and others, and fully fund the money it, and that bill has already been riage tax penalty will have their mar- for education reform proposed by Sen- passed. We want small business tax riage tax penalty eliminated entirely. ator GRAHAM. cuts to make it easier for our small After 4 years, when this approach is The choice is clear: a marriage tax businesses to create the jobs that keep fully implemented, more than 80 per- proposal on the one hand that goes to our economy thriving. We would like cent of the American people, everyone largely benefit those who don’t pay the to give education tax cuts. Under the making under $120,000 a year, will have marriage tax penalty or a marriage leadership of Senator COVERDELL, we their marriage tax penalty fully elimi- penalty relief proposal that eliminates passed education tax cuts that would nated—100-percent elimination of the the vast majority of that problem and help people give their children the edu- marriage tax penalty for everyone adds a Medicare drug proposal and cation enhancements that would in- making $120,000 a year in just 4 years, makes college more affordable and pro- crease their education quality. All of not the 7 proposed by the majority. vides for long-term care for the elderly these things fit within the $150 billion Third, this approach is progressive. and invests funds in the quality of edu- tax relief in the budget that we passed Everyone making under $120,000 will cation. I believe the choice is clear. last week. have the marriage tax penalty elimi- I thank my colleagues for their in- I think this is quite responsible and I nated, and the majority, more than dulgence and, again, commend the Sen- think it is long overdue. We are talking half, of the benefits go to those making ate Finance Committee Democrats for about a tax correction as much as any- between $50- and $100,000 a year. Work- their dedication to this issue and the thing, because it is outrageous to talk ing families, the middle class, those hard work they have devoted to it. about people who are single, working; who are struggling most can make ends I yield the floor. they get married and they don’t get meet. The PRESIDING OFFICER. The Sen- salary increases, but all of a sudden Finally, on the issue of affordability, ator from Texas is recognized. they owe $1,000 more in taxes. It is while the majority proposes $248 billion Mrs. HUTCHISON. Mr. President, time to correct this inequity. That is over 10 years to deal with this problem, this is a very important debate. I hope exactly what the bill before us does. It our approach would take only $90 bil- we are going to be able to move to pass corrects the inequity all the way lion—more than 80 percent of the prob- this bill before people have to write through the 28-percent tax bracket. It lem eliminated at only a fraction of their checks during the weekend dead- helps people all the way through those the cost—thereby freeing up billions line for income taxes this year. income brackets. and billions of dollars to deal with Right now, there are negotiations un- Mr. President, I ask my distinguished other pressing matters that face our derway between the Republicans and colleague from Alabama if he would society. the Democrats about what kind of like to speak. I don’t know if others Let me put this in perspective: the amendments should be offered. I very are waiting to speak, but he was wait- difference in cost of the majority’s po- much hope that the Democrats will ing earlier. I am happy to yield to him sition versus our position is $158 billion agree to offer some relevant amend- at this time because he has been a lead- over 10 years. The difference in cost ments because I think there are surely er in this effort. would completely fund a Medicare drug legitimate disagreements about how we How much time does the Senator benefit proposed by the President of would give marriage tax penalty relief. need? the United States for every senior cit- But I also hope we will not have extra- Mr. SESSIONS. Ten minutes would izen across our country qualifying for neous amendments offered, no matter be fine. Medicare, helping to lower the cost of how good the cause, which would take Mrs. HUTCHISON. I will stop my re- prescription drugs. Even if you don’t away from what President Clinton marks and yield to Senator SESSIONS adopt the President’s approach to a asked us to do, and that is to send him for 10 minutes from our time. Medicare drug benefit and instead a marriage tax penalty bill that does The PRESIDING OFFICER. The Sen- adopt the less costly provisions pro- not include extraneous legislation. ator from Alabama is recognized. posed by the majority—let’s take the That is what we are attempting to do. Mr. SESSIONS. I thank the Senator Republican drug benefit, costing So I hope we can move forward into from Texas for her stalwart leadership around $70 billion over the next 10 the amendment phase and talk about in this bill. The President of the United years—you would still have the ability our differences. I think the distin- States said in his State of the Union to fully fund that and, in addition, guished Senator from Indiana wants Message that the marriage tax penalty adopt a $10,000 tax deduction for people tax relief for hard-working married should be eliminated. Polling data with children in college, allowing them couples. I think we may have a few dif- shows that the overwhelming number to write off the first $10,000 of college ferences, but in the end I suspect that of American citizens believe it should tuition. he and I will both vote for the bill that be eliminated. I had a meeting and a In addition, you would allow a $3,000 is passed out of this Senate; that is, if press conference with a number of fam- credit for senior citizens who are being we can get to the vote. That is what I ilies in Alabama on Monday, and we cared for by their children or grand- hope we can do. sat down and talked with them about children, lowering the cost of long- I think we need to be very careful in the struggles they have. One couple term care for the elderly in our soci- the debate, though, about accuracy and had eight children. They are paying ad- ety. You would allow for the $30 billion what the different proposals are going ditional taxes because they are mar- of education reform proposed by Sen- to do. I heard a Senator earlier today ried. Another couple had just gotten ator GRAHAM on the floor of the Senate in debate say that this bill on the floor married and had a young child, and just last year. will break the Treasury. I think the they are paying more because they are Let me briefly review the afford- distinguished Senator from California, married. Those are the kinds of things ability provisions. On the one hand, Mrs. BOXER, perhaps didn’t look at the that are unexplainable to the American you have a so-called marriage tax pen- numbers and didn’t match it to the people. They are unjustifiable in logic, alty relief bill that costs $248 billion budget resolution because, clearly, this fairness, and justice. On a fundamental over 10 years, the majority of which not only doesn’t break the Treasury, it basis, the marriage tax penalty is an goes to people who, in fact, don’t pay doesn’t even spend half of the alloca- unfair and unjust tax. It is not that we the marriage tax penalty, or you can tion in the budget we passed last week are doing a tax reduction so much as eliminate 80 percent of the marriage for tax relief. In fact, it is $69 billion we are eliminating a basic unfairness. tax penalty, eliminate it entirely for over 5 years, and the budget we passed As I have said before, the challenge everyone making under $120,000 and, in last week is $150 billion over 5 years. we are facing today is to create, as addition to that, fully fund the Medi- So this is not even half. Members of this Senate, public policy care drug benefit proposed by the ma- We do hope to give tax relief to other that improves us as a people, that jority, and fully fund the college tui- people in our country. We want to helps us to be better citizens. On every tion deduction proposed by Senator eliminate the marriage tax penalty. We bill that comes through, every piece of SCHUMER, and fully fund the long-term want to let seniors work if they are be- legislation that we consider, we need to elderly care credit proposed by myself tween 65 and 70 and not be penalized for ask ourselves: Will this make us better

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.096 pfrm12 PsN: S12PT1 S2592 CONGRESSIONAL RECORD — SENATE April 12, 2000 or improve us as a nation? When we when a man and woman get married, Frankly, I am beginning to observe have legislation and laws in force that we address the problem created when there is a feeling on the other side that give a bonus to people to divorce, we the two people have somewhat similar this bill needs to go away, that people have something wrong. incomes, which then creates the pen- are not willing to confront it directly. I have a friend who went through an alty. So some who are married pay a I hope that is not so. I hope we can see unfortunate divorce. They got that di- penalty and some get a bonus. Aren’t this legislation go forward. vorce in January. I was told: JEFF, had we only trying to solve the penalty Mr. BAUCUS. If I might ask the Sen- we known about it and thought about problem for those couples who find ator one more question, is it better to it at the time, we could have gotten themselves in a penalty position? try to find some way to pay down the the divorce in December and we would Mr. SESSIONS. I will just say this. national debt at the same time we are have saved another $1,600 on our tax The Senator is correct in saying this fixing the marriage tax penalty prob- bill. legislation deals with the penalty pro- lem? The Federal Government is paying a vision and does not attempt to increase The Senator gave a hypothetical of a bonus to people who divorce. In effect, taxes on married couples, to try to man and woman each earning $30,000. that is what our public policy does. If reach some sort of ideal level. They get married and have to pay more they are married, they are paying a It is designed to provide relief from taxes. That is not right. I totally agree penalty. It is $1,600, according to CBO, the penalty that occurs. that is not right. That ought to be for an average family who pays this Does the Senator propose that we in- fixed. Somebody who pays more in- penalty, and $1,400, according to the crease the taxes on those who may be come taxes as a consequence of getting Treasury Department, President Clin- paying less because they are married? married should not be facing that situ- Mr. BAUCUS. If we are trying to ton’s own Treasury Department, that ation, and we should, in the Congress, solve the so-called marriage penalty says the families who pay this penalty figure out a way—as various proposals problem, then we should try to solve pay an average of almost $100 per do—so a couple does not have to pay the so-called marriage tax penalty month. That is a lot of money. That is any more income taxes as a con- problem. tax-free money that they could utilize Mr. SESSIONS. We are solving the sequence of getting married. I agree to fix their automobile, get a set of marriage tax penalty problem. You with the Senator. That is not right. tires, go to the doctor, take the kids to may be complaining about the bonus Mr. SESSIONS. That is exactly all it a ball game, or buy them a coke after some might get. does. Does the Senator disagree? This a game, or go to a movie, and do the Mr. BAUCUS. If I could answer the bill eliminates the penalty. That is kinds of things families ought to do. question, on the other hand, if we want what it intends to do. That is what the Mr. BAUCUS. Will the Senator yield to do something else in addition to President says he supports. That is for a question? solving the marriage tax penalty prob- what the Senator from Montana says Mr. SESSIONS. Yes. lem, that is a different debate, and we he supports. That is it. Mr. BAUCUS. I ask the Senator, is should try to figure out how best to do I have the floor. I will yield for a the so-called marriage tax penalty a that. As it is today, there are 25 mil- question. consequence of getting married or is it lion Americans who find themselves in The PRESIDING OFFICER (Mr. FITZ- a consequence of getting married and the penalty position when they get GERALD). The 10 minutes yielded to the the proportion of incomes each spouse married. But there are 21 million Senator from Alabama have expired. earns? I might ask the question dif- Americans who find themselves in a Mr. BAUCUS. Mr. President, I yield ferently. How many people in Amer- bonus situation when they get married. the Senator 5 minutes so we can con- ica—if the Senator knows, and he It is about 50–50. It makes sense, I tinue this discussion. may—get a bonus under our tax laws, think, to try to give relief to those in The PRESIDING OFFICER. The Sen- not a penalty? What percentage of the penalty situation. ator from Alabama. American taxpayers today receive a I am not sure if those who are al- Mr. SESSIONS. I would be glad to bonus as opposed to a penalty? ready in the bonus situation need more hear the Senator’s question on the Mr. SESSIONS. I am not sure about relief, as contained in the Finance point. any bonus factor. Committee bill, the majority bill. Mr. BAUCUS. The question I am ask- Mr. BAUCUS. That is because when I was asking the Senator why we are ing is this: More than half of the Fi- they get married, they pay less taxes. doing that. Why are we doing more nance Committee bill does not address Mr. SESSIONS. Well, 21 million, I be- than fixing the penalty? the marriage tax penalty problem. lieve, pay more taxes. Mr. SESSIONS. I think it would be a More than half goes to married couples Mr. BAUCUS. I ask the Senator, are matter of some discussion if the Sen- who have no marriage penalty problem there some people getting married and, ator would like to have some hearings but who are already in a bonus situa- as a consequence, pay less taxes? in the Finance Committee on whether tion. Mr. SESSIONS. That is perhaps so. or not these bonuses occur. I don’t I am asking the Senator: Most Amer- Mr. BAUCUS. It is so. think they are as substantial as the icans would rather have the national Mr. SESSIONS. It is a factor, as the penalties may be. They are not. But, at debt paid down. Doesn’t it make more Senator indicated, relative to the in- any rate, if the Senator wants to have sense for us to address the marriage come that each person earns. hearings on whether they ought to be tax penalty problem directly and to Mr. BAUCUS. What we are trying to raised, then I think that is something take the rest and help pay down the do is find a solution that solves the that is worthy of evaluation. national debt? problem of the disparity in what each Mr. BAUCUS. This Senator is not ad- Mr. SESSIONS. We are paying down spouse makes, which might then cause vocating any increase in taxes; no way the national debt in record amounts. the penalty. For example, we all know at all. I want to make that clear. I As the Senator knows, we are down when you have a married couple and know the Senator didn’t mean to imply $175 billion this year. That will con- one spouse receives more income than that I was thinking of raising taxes be- tinue. The tax reduction that would be the other—considerably more—the cause I am not. affected by this bill represents only, let joint tax is going to be less than if they Mr. SESSIONS. We have a problem us say, a small fraction of the total are filing separately. We all know that. when two people are working and they surplus we will be looking at in the That is mathematically a given. The are making $30,000 a year—just two, a next number of years. consequence, though, of a married man man and woman. They fall in love. If these so-called bonuses that the and woman who earn roughly the same They get married. At $30,000 a year Senator refers to are primarily given amount is that couple pays more in each, they end up paying about $800 to the one-income earner couple where taxes than they would pay if they were more a year, which is $60 or $80 a a mother stays home and is not work- separate. month in extra tax simply for getting ing, they receive some benefit from So what we are trying to do is solve married. I want to eliminate that. If that. I think the bonus is not sufficient the problem—if the Senator would somebody wants to deal with the other to make up for the fact that one of agree with me—and to make sure that problem, they can. them stays at home.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.099 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2593 Also, one of the most pernicious other day. Even though 70 percent of administration has refused to endorse parts of this bill—the Senator from the people in this country feel the Tax that bipartisan effort. There are also Texas has talked about this pre- Code is broken and ought to be thrown bipartisan efforts in the Senate to fix viously—is that we are attempting in out, there is not a consensus among the Medicare, but the White House has not America today to break through the American people whether a flat rate in- endorsed those bipartisan efforts. glass ceiling to have women move for- come tax, which about 30 percent of the Saying that Social Security and ward and achieve equal income in people say we ought to have, or a na- Medicare ought to be fixed before we America. That is happening to a record tional sales tax, which about 20 percent give some tax relief, and particularly degree. But under the present Tax of the people say we ought to have, tax relief through the marriage penalty Code, the more equal the marriage should take the place of the present tax, is like saying you don’t want a tax partners are in income, the more tax Tax Code. cut. I am sorry to say at this late stage penalty falls on them. In a way, as a I use those two percentages to show of this Congress, I don’t think we will practical matter, it seems to fall there is not much of a consensus of see from the Clinton-Gore administra- against working women in a way that what should take its place and there- tion any efforts to fix these problems you would not expect it to, and it is fore probably not enough movement this year in a comprehensive way. something we would not want to see being reflected in the Congress for an When they say we ought to fix Social happen. alternative to the present Tax Code. Security or Medicare first, it is a ma- We have unanimous agreement that Therefore, we find ourselves refining nana approach—put it off until later; the marriage tax penalty is a matter the Tax Code within our ability to do that day will surely never come if we that ought not to continue. This legis- it—a little bit here and a little bit follow that scenario. lation deals directly and squarely with there. The national leadership of the unions that. It doubles the standard deduc- One of the most outstanding exam- in America, the AFL–CIO leadership, tion. It doubles the brackets for mar- ples of something wrong with our Tax put out their marching orders in a leg- ried couples, which is the simplest and Code is that people pay a marriage pen- islative alert making these very same best way to achieve that. It will give alty, pay a higher rate of taxation be- arguments that I am sure is only coin- hard-earned relief to married couples. cause they are married as opposed to cidental. They urge that the marriage We had the spectacle reported of the two individuals filing separately. As penalty relief should be delayed until witness who testified in the House with the earnings limitation that dis- these other problems—presumably So- committee that each year he and his criminated against older Americans, a cial Security and Medicare—are solved. wife would divorce before the end of bill was recently signed by the Presi- My friends on the other side of the the year, file separately, get the lower dent of the United States. This unfair aisle say they are for marriage penalty tax rate, and then remarry at the be- marriage penalty needs to be dumped, relief but only some time in the un- ginning of the next year. as well. known future. That is, in fact, Wash- We ought not to have tax policies I applaud my side of the aisle because ington, DC, doubletalk that continues that would make somebody feel as if it took a Republican-led Congress to to make the American people more they could get ahead of the system and repeal the Social Security earnings cynical about whether Congress is ever save money for their family by divorc- limit, but the President of the United determined and willing and committed ing every year. It is the kind of thing States was very happy to sign that Re- to deliver keeping our promises. Delay- that is not healthy. publican-led effort. To be fair to the ing this tax relief means no tax relief I appreciate the fact we are finally other side, it eventually did pass at all. I hope taxpayers across the moving. I hope in a bipartisan way to unanimously. It is the same Repub- country will let their Senators know see this bill become law. lican-led Congress that is taking the they have had enough of this double- I thank the Chair. I yield the floor. lead in repealing the marriage penalty talk and that they will demand real ac- The PRESIDING OFFICER. The Sen- tax. tion now, and sooner or later we will ator from Iowa. I listened to a number of comments get this bill brought to a final vote. Mr. GRASSLEY. Mr. President, these from the minority side yesterday. I Another misguided argument used are very interesting discussions. I came away with the conclusion they yesterday is that under the majority think that for a long, long period of want the American people to believe bill married couples get a tax cut but time people at the grassroots of Amer- that the other side of the aisle is for single mothers with kids wouldn’t get ica have understood there should not getting rid of the marriage penalty tax. one. This is a complicated aspect of the be a policy that hurts people who join Of course, the minority party had con- bill, but the argument is not correct. in bonds of matrimony. Everybody re- trol of the Congress for decades and Senators making these arguments re- alizes that the strength and foundation never once tried to repeal it. Even peated it, bringing emphasis to it, as if of our society is the family. The hus- more interesting, I am afraid we could something new has been discovered, band and wife are the strength of our be victims of the old bait-and-switch that some kind of smoking gun had society and the foundation of our soci- routine. For instance, as this bill was been discovered. Unfortunately, for ety. being considered in the Senate Finance those Members’ arguments, the state- We have legislation before us that fi- Committee, an amendment was offered ments are inaccurate. An important nally will end the penalty against peo- by the minority to delay any marriage part of our bill repeals the alternative ple who marry and get hit with a high- penalty relief until we fixed Social Se- minimum tax for over 10 million peo- er level of taxation rather than two curity and Medicare. That is a ‘‘ma- ple. Many helped in that provision will people who aren’t married and filing nana’’ type of amendment, meaning if be single mothers. separately making the same amount of we wait to do these other things to- There is something much more inter- income. morrow before we have a tax cut, we esting about this argument; that is, the Basically, we are talking about the are never going to have a tax cut. alternative that presumably will be of- issue of fairness—in this case, fairness We may see that amendment again fered by the other side of the aisle is within the Tax Code; economic fairness on the floor of the Senate. Remember, the bill that flatout, without question, for people who are married. in committee, all of the Democrats doesn’t help single mothers at all. But For about 30 years, our Tax Code has voted for delay until Social Security or that isn’t even the most important been penalizing people just because Medicare was fixed, and all the Repub- point. they happen to be married. licans voted to fix the marriage pen- That important point is, if a single This is, of course, a perfect example alty tax now. We all know neither the mother chooses to eventually get mar- of how broken our Tax Code is, and per- administration nor the Democratic ried—and since marriage is the founda- haps is an example that can be given side have comprehensive proposals to tion of our society, I think we all agree with many other examples of why fix Social Security and Medicare. I that this is a good move, both for the there ought to be a broader look at have to admit, I am participating with mother and the children—then, under greater reform and simplification of two or three Democrats on a bipartisan our bill, she will not be penalized for the Tax Code. That debate is for an- effort to fix Social Security, but the being married. There will not be a

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.102 pfrm12 PsN: S12PT1 S2594 CONGRESSIONAL RECORD — SENATE April 12, 2000 higher rate of taxation just because what this issue is and what it is not. lot more couples where both members that single mother gets married. Under There is a lot of talk that this is a of the family are earning more income. current law, if she continues to work marriage tax penalty. There is even an This is a long way of saying when we after being married, the Government is implication by some that there is make some change in the law here, it is going to slap her and her husband with something put in the Tax Code to pe- going to cause some inequity some- a big tax increase. It is that sort of nalize couples because they are mar- place else. It is a mathematical truth very bad situation our bill will elimi- ried; that is, they have to pay more that we cannot have marriage neu- nate. taxes. Of course that is not true. A lit- trality and progressive rates and have In addition, it is important to note tle history, I think, is instructive as to all married couples with the same total the alternative, from our friends on the why we are here and what perhaps income pay the same taxes. It is a other side of the aisle, discriminates some solutions might be. mathematical impossibility to accom- against stay-at-home moms. Why When the income tax was enacted, plish all three objectives. It cannot be should we have proposals before us in- the Congress treated individuals as the done. So we have to make choices. The dicating, if you decide you want to unit of taxation, whether or not one choices are whether to tilt a little stay at home and raise your kids, was married. If somebody made a cer- more in one direction or the other. The spend full time doing it—probably the tain amount of money, he or she paid bill before the Congress now is a good- most important economic contribution income taxes. If he or she got married, faith, honest effort to try to solve that you can make to American society, and he or she was subject to the same problem. you are not going to get paid for it, but rates, the same schedule. The indi- There are different points of view. it is a great contribution to American vidual was treated as the unit. The bill passed out by the Finance society. It might not be much of an That was the case for a while. But Committee attempts to solve that economic contribution to the family many States in our Nation are commu- problem one way. The provision offered because there is no income going to nity property States. They have dif- by Senator MOYNIHAN, the ranking come as a result of it, but it is good for ferent laws which determine to what member of the Finance Committee, American society for kids to have par- income a man or woman in married had a different approach to solve that ents who are able to be at home with status is entitled. In community prop- problem. Let me very briefly lay it out them. erty States, the rule is any income so people have a sense of what the two So if you decide to stay at home with earned by a spouse is automatically different approaches are to solve the the kids, you are going to be discrimi- community property and therefore is marriage tax penalty problem. nated against under the alternative equally divisible. As a consequence, in Recognizing that today, to be honest from the Democrat side of the aisle. community property States, each, the about it, more married couples receive That proposal only helps two-earner man and wife, would combine their in- a bonus when they get married, not a couples. It not only doesn’t help those comes and file separately. That was penalty—or, to state it differently: single mothers over whom the other upheld by the courts. That created a More people, men and women, when side of the aisle cries crocodile tears big discrepancy between community they get married today, will receive a frequently, it hurts those families property States and common law bonus; that is, they will pay less taxes where one parent decides to stay at States. as a consequence of getting married home with the children. I hope all of In common law States, an individual than they would individually. you stay-at-home parents out there lis- still had to pay the individual rates, It is true that about half of the peo- tening understand what the Demo- whether or not he or she got married, ple who get married end up paying cratic alternative would do to your which was just not fair. So Congress in more taxes, and that is called the mar- families. 1948 changed the law to make it fair. It seems to me we should be helping riage tax penalty. It is a consequence What did Congress do? Congress in 1948 people get married, encouraging mar- of the progressive nature of our Tax riage—it is the solid foundation of our said: OK, we are going to double the de- Code, along with a desire to be fair to society —not penalizing them for doing ductions for married couples as op- widows and widowers and other single it. So, I hope we can get this bill to dis- posed to singles, so when you get mar- taxpayers, and to be fair to married cussion without cloture. Obviously, ried, you do not pay any more taxes taxpayers, making sure that some mar- there is a legitimacy for amendments than you would pay if you were single. ried taxpayers, who have the same in- from the other side of the aisle. There That was the rule of thumb. The brack- come as other married taxpayers, do is even probably legitimacy for amend- ets for the married were doubled, and not pay more. It is a very hard thing to ments from our side of the aisle. There the deductions were doubled. do. That created another inequity. In The majority bill tries to solve it ought to be agreement to those amend- this area of tax law, when you push this way: It raises the standard deduc- ments. It is really time for the gridlock to down the balloon someplace, it pops up tion. It raises the 15-percent and 28-per- be over, to move to this bill, to get to someplace else. The inequity created cent brackets. It changes the earned- a final vote. Now is the time to pass was the inequity for individual tax- income tax credit for lower income this very important reform, and I urge payers because individual taxpayers people. It makes no other change. It is the Members of this body to come to- say: Wait a minute, here I am as an in- pretty complicated. gether on amendments, on limitations dividual taxpayer. I am paying up to 42 As a consequence, some people who on discussions, and do what is right by percent more in income taxes on the are married and pay a marriage tax passing this legislation. same income that a married couple penalty will receive relief but not all Before I yield the floor, if I could do earns. If the married couple earns will. This is a very important point. something for the leader: I ask unani- $100,000, hypothetically, my taxes as a The majority committee bill addresses mous consent the debate only continue single individual earning $100,000 are up only 3 of the 65 provisions in the code on the marriage tax penalty until 5 to 42 percent more than the couple’s. which cause the marriage tax penalty. p.m. today, with the time equally di- That is not right. That is standard deduction and the two vided, and the majority leader recog- Congress in 1969 agreed that was not brackets. That is all. nized at the hour of 5. right, so Congress went in the other di- The chart behind me shows the situa- The PRESIDING OFFICER (Mr. SES- rection. In 1969, Congress said: We are tion. On the left is current law. There SIONS). Without objection, it is so or- going to raise it, widen the brackets, are 65 provisions in the Tax Code today dered. adjust the brackets for individuals so which cause a marriage tax penalty. Mr. GRASSLEY. I yield the floor. they are a little more in line with The GOP proposal, which is the column Mr. BAUCUS. Mr. President, I yield those for people who are married. in the middle of the chart, addresses myself such time as I consume. The rule of thumb was a tax paid by only 3, leaving 62 provisions in the code The PRESIDING OFFICER. The Sen- an individual could not be more than 60 which cause a marriage tax penalty. ator from Montana. percent more than the taxes paid by a What is one of the biggest? Social Se- Mr. BAUCUS. Mr. President, I think married couple. That was fine for a curity, and it is a big one, too. It costs it is important to lay things out as to while. Then over the years we have a about $60 billion to fix. The majority

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.105 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2595 committee bill says: No, we are not It is important to point out that The other thing I would like to point going to help you seniors. If two of you there are two attempts to solve the out is the President sent us his budget get married, you have to pay more marriage tax penalty problem: The ma- for the fiscal year 2001. I have a copy of taxes. You have a marriage tax pen- jority committee bill only deals with the budget the President submitted to alty; we are not going to help you. The three of the provisions in the Tax Code us. In his budget, he inserted his sup- majority committee bill does not deal which cause a marriage tax penalty. port for eliminating the marriage tax with seniors at all. The minority bill deals with all of penalty. In the President’s budget, on There are a lot of senior citizens in them. There is no provision left as a the EITC, on page 57, entitled, ‘‘Sup- our country who are not going to find consequence of the minority bill. porting Working Families,’’ he says at any relief as a consequence of the ma- In addition, the minority bill is much the bottom of this page: jority bill. There are 61 other provi- simpler; one only has to choose, where- In this budget, the President builds upon sions in the code on which the majority as in the majority committee bill, my these policies that are central to his agenda committee bill will not give people re- gosh, one cannot choose; they are of work, responsibility, and family. lief. forced into a situation, and they are He says: The bill offered by Senator MOY- not part of the solution. They have to The budget expands the EITC to provide NIHAN, the ranking member of the Fi- deal with extra complexities. It does marriage penalty relief to two earner nance Committee, is very simple. It not solve the problem. couples.... I yield the floor and reserve the re- says to taxpayers: OK, you have a That is what our bill does. We have a mainder of the time. choice. You, as a married couple, can chance to get that particular provision file jointly or you can file separately. The PRESIDING OFFICER. The Sen- ator from Iowa. that he is calling for in the budget to That is your choice. You run the cal- the President. culation, and whatever comes out Mr. GRASSLEY. Mr. President, I know the Senator from Kansas wants Going back now in his budget to the lower is presumably the one you are tables of his proposals and his 10-year going to make. to speak, but if I can take a couple minutes to respond to some things the estimates on it—this is on page 409—he What is the beauty about that? Why provides for, and it states: is that better? It is better because it is Senator from Montana stated, I think I should do that. Provide marriage penalty relief and in- simple. The majority bill further com- crease standard deduction. plicates the code, and the code is com- I yield to the Senator from Kansas He does a much smaller one than we plicated enough. The majority bill adds such time as he might consume. I have put forward. I think he also even more complications by trying to deal should wait until the Senator from has a smaller one than Senator MOY- with changing the deductions, phase- Montana is on the floor before I give my response to him. I yield Senator NIHAN ins, and so forth. There are a lot more ’s proposal that came forward in BROWNBACK such time as he consumes. complications. the Finance Committee. But the Presi- The PRESIDING OFFICER. The Sen- The minority provision is very sim- dent has said all along: Let’s eliminate ator from Kansas. ple. It says: You choose. It does not add the marriage tax penalty. Let’s do this. Mr. BROWNBACK. Mr. President, I It is in his budget. more complications. In addition, it ad- thank my colleague from Iowa, Mr. dresses all 65 of the marriage tax pen- He has asked us not to send him GRASSLEY, for his leadership on this alty provisions in the code today. these gargantuan bills that have 20 dif- issue and for yielding me time to speak ferent items in them. He asked us to There are many of them. I mentioned on this bill. one such as Social Security. That is send him one like we did on the Social I, too, want to comment on the Mar- Security earnings limit test. We passed one the majority bill does not address. riage Penalty Act and the marriage tax Other are like interest deduction of that bill and sent it to the President. penalty elimination, and some of the He signed it into law. He appreciated student loans. Many students have comments of the Senator from Mon- loans, and as a consequence of current being able to have that degree of clar- tana. I wish he was still on the floor. ity and that degree of focus on a par- law, when you get married, sometimes He says we have differences of opin- you pay more taxes. The majority com- ticular issue. ion: The Democrats have a marriage We have another one. We are having mittee bill does not do anything about tax penalty bill; the Republicans have that. The majority committee bill does the debate on it. It is the time and the one. He thinks theirs is better. Great. place for us to consider and vote on not address that. It only deals with 3 Let’s have a debate on those two. Let’s this now. We need to consider the pro- provisions—the standard deduction and vote. I do not know when we have had posals that the other party has, and to two brackets, 15- and 28-percent brack- as much clarity of differences between consider our proposals. Let’s move this ets. Those three provisions sometimes a Democratic bill and a Republican topic forward. cause a marriage tax penalty. bill, where both parties have said we The President has said he wants it. I The minority bill takes care of all want to pass a bill on any issue this hope the President gets involved in the penalty provisions in the code. year, than the bill we have before us. Look at the chart again. The zero I am pleading with the members of this debate and urges the Senate and under the Democratic proposal means the Democratic Party: Let’s have a my colleagues on the other side of the there are zero marriage tax penalties vote. Let’s have a great debate. We will aisle to vote on this issue and to get it as a result of the Democratic proposal. debate your bill for 2 hours, ours for 2 to him—if he wants it. He said he did in The GOP proposal has 62 remaining hours, vote on both of these, and let’s his budget. If he truly wants this mar- marriage tax penalties. get this moving forward. riage tax penalty relief, let’s have a I am curious as to why they did not If they want to pass a marriage tax vote, and let’s get it to the President. address those. I may ask some Mem- penalty elimination bill, we have the We can do this now. bers on that side as to why they did not time; we have the place; we have the I am fearful. What I am sensing is address some of them. A lot of folks are floor; we can have this vote now. If that we are just getting a lot of delay going to wonder, senior citizens are they do not want to, and really all this tactics and no real interest in passing going to wonder, somebody who takes is about is: Well, we do, but we are the marriage penalty tax relief. Clear- an IRA deduction is going to wonder, going to block this with eight or nine ly, there is not an interest to pass it someone who takes a Roth IRA deduc- irrelevant amendments; we are really before April 15. tion is going to wonder: Gee, why don’t not that interested in doing this, then People have the right to do those they take care of marriage tax pen- that should be said as well. They sorts of tactics, if they want to. But I alties that affect me? I do not know. should be out here saying, no, this real- do not think they should hide and say Maybe sometime the majority can an- ly isn’t a high priority for the Demo- they just have a different bill, when swer why they do not address those cratic Party to pass, rather than say- the true desire here is to not have any other marriage tax penalties. ing, OK, we have a bill, you have a bill, bill go through at all. There are other inequities, but I am and let’s vote. This affects a lot of people. We have not going to get into all of them right It is time we vote up or down, and we been over and over this lots of times. It now. We will get into them at a later have the time before we go into a re- affects 25 million Americans. In Kan- date. cess. sas, 259,000-plus people are affected by

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.107 pfrm12 PsN: S12PT1 S2596 CONGRESSIONAL RECORD — SENATE April 12, 2000 this marriage tax penalty that we have how in the past 40 years the federal govern- was majority leader. That increased in place. The Senator from Montana ment has enacted policies that have broken marginal tax rates at that particular has 89,000 people who are affected. down the fundamental institutions that were time. Then we have had the highest tax I am looking forward to the chance the strength of this country from the start. increase in the history of the country, and the time when we get to actually This one is from David in Guilford, which was the one that was passed vote on these issues. Frankly, I think IN: within 7 months after the Clinton ad- we have had enough discussion about This is one of the most unfair laws that is ministration was sworn in in 1993, in the Democratic proposal and the Re- on the books. I have been married for more which we still had two higher brackets publican proposal. We know what is in than 23 years and would really like to see put into the Tax Code. these proposals now. We know the this injustice changed so my sons will not Remember, that tax increase passed have to face this additional tax. Please keep with 49 Democrats for it, and all Re- costs of these proposals. We are ready up the great work. to pass this. It is time to vote. I really publicans and a few Democrats against do not understand too much what is He goes on. it. It passed by Vice President GORE holding this up from moving forward. We have a number of different let- breaking the tie. Remember that we My colleagues and I have had a num- ters. I do not think it really bears have a much worse tax penalty now ber of people contacting our offices going into much longer because what I than we did under the tax policies of saying that this is a penalty they want hear everybody saying is: We are for the 1980s, when we had two brackets, 15 to see done away with. eliminating the marriage tax penalty. and 28 percent. The extent to which the They have contacted us numerous The American public is for doing that. marriage tax penalty is worse now times. I have worked with the Members It is the time to do that. We now just than before is a direct result of higher of the House of Representatives who have procedural roadblocks to getting marginal tax rates promoted by the have passed this bill already. They it done. other side of the aisle. have sent to me letters from a number That is the bottom line of where we I also have to make a point in ref- of people from across the country with are today. We could vote on this today. erence to what the Senator from Mon- their specific examples of how they are We could vote on the Democratic alter- tana said today, as well as what he had penalized by the marriage tax penalty. native. We could vote on the Repub- said yesterday; that is, his accusation This is a letter from Steve in Smyr- lican alternative. We could have up-or- that the tax bill that reduces the mar- na, TN. He says: down votes on this today and get this riage tax penalty before us is further through this body, get it to conference, evidence of the majority party trying My wife and I got married on January 1, 1997. We were going to have a Christmas wed- and on down to the President, and see to benefit higher income people. The ding last year, but after talking to my ac- if he really meant it when he said in Senator should be aware that his Dem- countant we saw that instead of both of us his budget that he wanted to do this, ocrat alternative actually benefits getting money back on our taxes, we were the EITC, the marriage tax penalty more higher income people than the going to have to pay in. So we postponed it. elimination, to see if he really wants to bill that is before us by the Republican Now, for getting married, we have to have eliminate the marriage tax penalty. We Party. I hope he will take a look at the more taken out of our checks to just break could see if the President really meant distribution tables that show his bill even and not get a refund. We got penalized that. helps more higher income people than for getting married. I invite the President to get involved the bill we are trying to get passed. Then he concludes: in this debate so we can pass this We have also heard arguments that And that just isn’t right. through. this legislation does not end the mar- I agree. I presume the Senator from I have worked with the administra- riage tax penalty in every way. This Montana agrees. I presume most of the tion on a number of bills. I would hope legislation ends the marriage tax pen- people on the other side of the aisle they would start engaging us here say- alty in the standard deduction and the agree as well. Let’s vote then and get a ing: Yes, we want to do this and pass 15- and 28-percent rate brackets and re- proposal out of here so we can actually this on through. duces it for virtually every family that deal with this. Let’s not stall it. Let’s get this thing suffers from the marriage tax penalty. Here is one from Wayne in Dayton, moving forward so we can send this This is the largest attack on the mar- OH: message out across the country. riage tax penalty since its inception in Penalizing for marriage flies in the face of With that, Mr. President, I see sev- 1969. For many working couples, those in common sense. This is a classic example of eral other Members on the floor. It is the 15-percent and the 28-percent tax government policy not supporting that time to get this moving forward. bracket, which would be up to about which it wishes to promote. In our particular I just call on my colleagues on the $127,000 under this bill, this legislation situation, my girl friend and I would incur other side of the aisle and say let’s not an annual penalty of $2,000 or approximately effectively ends the marriage tax pen- play on this thing. Let’s say we are $167 per month. Though not huge, this is alty. For those couples in higher in- going to pass it. Let’s take the votes, enough to pay our monthly phone, cable, come brackets, this legislation pro- and let’s move forward. water, and home insurance bills combined. vides a significant reduction in the I yield back to my colleague from I think that is pretty huge when you marriage tax penalty. are talking about that size of a mar- Iowa. It is correct that this bill does not riage penalty. Mr. President, if I have a minute or 2 end all marriage tax penalties in the This one is from Marietta, GA. Bobby more—I don’t want to take up the time Tax Code. There are over 60 instances and Susan wrote this one: from my colleague of Iowa. of the penalty in the code. This bill is We always file as married filing separately Mr. GRASSLEY. I thought the Sen- about hitting the marriage tax penalty because that saves us about $500 a year over ator yielded the floor. where it hits hardest—in the middle in- filing married, filing jointly. When we fig- I would like to speak now if the Sen- come tax brackets, the standard deduc- ured our 1996 tax return, just out of curi- ator has yielded the floor. tion, and the earned-income tax credit. osity, we figured what our tax would be if we Mr. BROWNBACK. I yield the floor. There is also talk about the bill be- were just living together instead of married. Mr. GRASSLEY. I yield myself 5 fore us resulting in more Tax Code Imagine our disgust when we discovered minutes. complexity. Our bill is simpler than that, if we just lived together instead of First of all, I think there is a very being married, we would have saved an addi- the Democrat alternative. Our legisla- tional $1,000. So much for the much vaunted general proposition about the Tax tion eliminates the marriage tax pen- ‘‘family values’’ of our government. Our gov- Code. I want to relate it to the philos- alty in the standard deduction and the ernment is sending a very bad message to ophy of higher taxation on the part of 15-percent and 28-percent rate brack- young adults by penalizing marriage this the Democratic Party members; and ets. How could this be more simple? way. that is, that the higher the marginal I hope we can have further discussion This is from Thomas in Hilliard, OH. tax rate, the worse the marriage tax of these disagreements because I am No person who legitimately supports fam- penalty is. convinced we can soundly overcome ily values could be against this bill. The We have in 1990 the drive for increas- the arguments of the other side of the marriage penalty is but another example of ing taxes by Senator Mitchell when he aisle.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.109 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2597 I yield the floor. The Senator from There is probably just a difference on to offer amendments. I certainly hope Texas may use whatever time she what is a marriage bonus. For a mar- we can dispose of the issue this week. I needs or is available. ried couple where one spouse decides to expect that to happen. I hope so. In Mrs. HUTCHISON. Mr. President, stay home and raise the children and doing so, obviously, we want to do how much time remains on our side? they don’t pay as much in tax as the what is right. When you do something, The PRESIDING OFFICER. There single person doubled, I don’t think you should do your darndest to make are 6 minutes remaining. that is a bonus. I would not want to sure you do it right the first time so The Senator from Texas is recog- tell my daughter, who has three chil- you don’t have to correct mistakes nized. dren, that she is not working when she later on. Mrs. HUTCHISON. Mr. President, I is staying home with them. Thank I am wondering why it would not thank the Senator from Iowa for mak- goodness we have people who want to make more sense to address all of the ing those points because I think they stay home and raise their children. I marriage tax penalty problems in the are very important. The differences be- don’t want to make that decision for code in this bill rather than only a few. tween the Democrat alternative and them, but I certainly want them to As the Senator knows, there are about the Republican plan that is on the floor have the option and not be penalized in 65 provisions in the Tax Code, the con- are actually quite extensive. any way. sequence of which sometimes results in In the first place, the Democrat plan I think everything we can do to en- a marriage tax penalty for some mar- is $100 billion less in tax relief for courage families to be able to make ried couples—not all but for some. American families. We are trying to that choice we should do. I do not con- cover more families. Not only are we sider it a bonus. What I want is total I am not being critical of the provi- trying to cover the people who are in fairness. What I want is, if a person is sion offered by the majority. But as the the 15-percent bracket and the 28-per- single and marries another single Senator knows, in the proposal offered cent bracket, which takes us through working person, when they get married by the majority, they deal with only 3 everyone who pays taxes up to $127,000 there is no penalty whatsoever. The of those 65 provisions; whereas, the way in joint income, but it also increases $1,000 we now make them pay because the minority attempts to solve this, or the earned-income tax credit for those they got married would be spent in- proposes to solve the marriage tax pen- who don’t pay taxes at all. This is what stead by them, to start building their alty problem is to allow optional filing; helps a person who has been on welfare nest egg, to have their first home, to as a consequence, all 65 provisions in who goes to work and actually makes a buy the second car, whatever it is they the code are dealt with, so that in the salary of from $15,000 to $30,000 not need, as newlyweds, who are the ones minority position all of the marriage have to pay any kind of penalty, even who struggle the hardest. We want inequities are solved—all 65 provisions. though they don’t pay taxes. them to have the benefit of not having I am wondering why—without being We want to add to the $2,000 earned- discrimination in the Tax Code. critical—it doesn’t make more sense income tax credit $2,500 more to the What we are talking about is tax re- for us while we are here, while we are salaries that would qualify for the lief; it is a tax correction. It is saying going to pass a bill relieving couples of earned-income tax credit. This is an in- that we don’t want to penalize people the marriage tax penalty, to entirely centive for working people who are in for getting married. When 48 percent of solve the problem, as is the case in the the lowest levels of pay to continue the married couples in this country do minority bill, rather than only for a working and to realize that it is more have that penalty, what we want to do few, as is the case in the majority bill. important for them to work and to is correct it. I hope the Democrats will Mrs. HUTCHISON. I thank the Sen- have an incentive to work than to be work with us to have relevant amend- ator from Montana for saying, first of on welfare. ments that could be put forward. This all, he thinks we will have a marriage The points made by the Senator from is a good debate. I think we can differ tax penalty relief bill passed. I cer- Iowa are very appropriate. The Repub- on the way we would give marriage tax tainly think a couple of amendments— lican plan not only offers more relief, penalty relief. But my plea with the five or six or so—on either side, which it offers more relief to more people, Democrats is let us take it up. Don’t are relevant, to try to perfect legisla- $100 billion more. say that you have to offer extraneous tion is quite reasonable. I hope that is Secondly, the Democrat plan is amendments which don’t have any- what the Democrats intend to offer. phased in over a very long period of thing to do with marriage tax penalty, That isn’t what we have seen so far. So time. It doesn’t become fully effective especially when President Clinton has perhaps we are coming to a conclusion. until 2010. It is very backloaded. Fifty asked us to send him a marriage tax I hope so. percent of it doesn’t even take effect penalty bill. That is what I hope will until 2008. We want to try to make that Let me say that if the only bill on happen at 5 o’clock. the floor were the Democratic alter- timeframe less, and we want to have I hope the President will work with native, I would vote for it because I significant tax cuts for hard-working the Democrats and tell them he be- have voted for it before. It is not a bad American families. lieves in tax relief. I hope we can pass plan. But I think the Republican plan Of course, we truly do believe that that relief for the hard-working Ameri- is better. Here is why. First of all, our people will be able to make the deci- cans who deserve a break. I urge my plan helps more people who are in the sions with the money they earn better colleagues to help us offer these lower levels, the middle-income levels, than they will be able to live with deci- amendments. Let’s debate them and who really need this kind of help. We sions made in Washington, DC. In fact, let’s give Americans tax relief as they say that if a single person making I think it is very important that people are signing those checks to the Federal $35,000 married, or a single person mak- realize, as they are writing their Government this week. checks on April 15—or Monday, April I yield the floor. ing $30,000, you double the bracket so 17, if they can wait until the very end— The PRESIDING OFFICER. The Sen- their combined bracket is going to be that the chances are they are in the 48 ator from Montana controls the re- the same. They will not be penalized in percent of the married couples. If they mainder of the time until 5 o’clock. the 15-percent bracket or the 28-per- are in that 48 percent that has a pen- Mr. BAUCUS. Mr. President, I see my cent bracket. Now, I would be for going alty, their tax bill next year will be an good friend, the Senator from Texas, all the way through those brackets be- average of $1,400 less, if we can pass the still on the floor. I will ask her a cou- cause I am for tax relief for hard-work- Republican plan, send it to the Presi- ple of questions. ing Americans. dent, and if the President will sign it. Clearly, we both want to solve the Ours is a bigger bill. It covers more The President has said he is for tax re- marriage tax penalty. It is my judg- people. I think it is the better ap- lief for married couples. We certainly ment that we are going to pass legisla- proach. I would be for bracket relief think he should sign the bill. If he tion this week—I hope so. There will be across the board, too, because I think doesn’t sign the bill, we would really a couple of amendments. It is normal the tax burden is too heavy and we are like to know why because this is a bet- and proper in the Senate for Senators talking about the income tax surplus, ter tax cut plan. who think they can improve upon a bill not the Social Security surplus. So this

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.112 pfrm12 PsN: S12PT1 S2598 CONGRESSIONAL RECORD — SENATE April 12, 2000 is the money people have sent to Wash- the taxpayers to decide for themselves At about 3 o’clock today, we received ington that is beyond what the Govern- what they want to do. They can be part a list of amendments that members of ment needs for the Government to op- of the solution where they pay lower the minority wanted to offer to the erate. So I think ours is better, but I taxes and not have to pay any mar- Marriage Tax Penalty Relief Act. The don’t think yours is bad. I just hope we riage tax penalty at all. Again, $60 bil- list included nine amendments, five or can give the most tax relief to the lion of Social Security benefits is not six of which were clearly not related to most people. fixed by this bill. the marriage tax penalty relief bill. Mr. BAUCUS. Maybe the Senator is I want to add this, and I know my And then about an hour or so later an not addressing the question, for many time is about to expire, the AMT. One additional amendment was added by good reasons. The question is, why not consequence of the committee bill is Senator HARKIN. The list is now up to deal with all 65 of the inequities rather that there are 5.6 million more tax- 10 amendments. than only 3? payers who are going to have to file I indicated all along—like we worked Mrs. HUTCHISON. If we took our under the alternative minimum tax it out earlier this year on the edu- plan and yours and put them together, than today—5.6 million new taxpayers, cation savings account—that we could I would think that would be better new people who are not filing under the go with alternatives and relevant than the Republican plan. Your plan alternative minimum tax, separate and amendments. That is eventually what alone is not as good as the Republican filing today, will not have to under the we did with the education savings ac- plan because it doesn’t give that much Finance Committee bill. count. Of course, I had hoped with the relief. Our plan gives $2,500 more in the That is not the case in the minority very overwhelmingly popular Marriage earned-income tax credit. This is help- committee bill. Tax Penalty Relief Act that we could ing people come off of the welfare rolls I think we should give relief to those do something similar to what we did on and have the opportunity to be paid to folks so they don’t have to go to the the Social Security earnings test make them whole. These are people AMT situation; or, to say it dif- elimination. That was something that who make $12,000 to $30,000 a year, ferently, the Finance Committee bill had been pending in this body and on when they have two children, a family gives some relief to AMT taxpayers and Capitol Hill for 20 years. of four. It also helps people in the 15- then takes it back by saying now you Finally, we worked it out. We had a percent bracket and in the 30-percent new taxpayers have to file the AMT. couple of relevant amendments to bracket. Why is that result? Why does that which we agreed. We had a good discus- Mr. BAUCUS. I appreciate the Sen- happen? It happens because of what I sion. We voted, I think, on one of those ator’s remarks. We are on my time, so have said for a good part of this day; amendments. It passed unanimously. I will finish up. namely, the Finance Committee bill The President signed it last week with Briefly, I think it is important to only deals with 3 of the 65 provisions. great fanfare that we had achieved this point this out. One of the provisions Those three are: the standard deduc- worthwhile goal. not dealt with in the majority bill is tion, the 15-percent and 20-percent I think we can do the same thing taxation of Social Security benefits. brackets. As a consequence, there is with the marriage penalty tax. But in That is no small item. It would cost this AMT shift. order to do it, we need to keep our I don’t think we want to say to 5.6 about $60 billion over 10 years if it were focus on what is the best way to pro- million Americans that you do not to be addressed. I remind people that vide this marriage penalty tax relief. Is have to file the AMT today, the alter- today the majority bill before us is it a phaseout? Should it apply to every- native minimum tax, and go through about $248 billion over 10 years. So, in body? What can you do for those in the all of that and pay that tax, but now addition, $60 billion is the amount that lower income brackets in how you deal you will, as a consequence of the Fi- senior citizens would have to pay as a with the EITC, earned-income tax cred- nance Committee bill. I don’t think we consequence of the marriage tax pen- it, how you deal with the lowest and want to do that. alty, which is not covered by the Fi- middle brackets? Is there a better way The PRESIDING OFFICER (Mr. nance Committee bill. to do it or another way to do it? VOINOVICH). The majority leader is rec- I might add that, again, the minority Senator MOYNIHAN, Senator BAUCUS, bill does solve the Social Security ben- ognized. Mr. LOTT. Mr. President, may I in- and others on the Finance Committee, efits problem, as it does each of the quire about the situation now? I be- had a different approach. I described it other 62 remaining provisions in the lieve we had general debate until 5 then, and publicly I think it is a cred- Tax Code which may result in a mar- o’clock. ible approach. I don’t think it is as riage tax penalty. I hear people say, The PRESIDING OFFICER. The ma- good as the one we had in the basic well, theirs is a better bill. But that jority leader is correct. bill, but it is one that is worthy of doesn’t get down to the specifics of Mr. LOTT. Mr. President, I under- being talked about and thought about. what it actually does. I remind Sen- stand Senator DASCHLE will be here I hope we can work it out so we can do ators that over half of the tax reduc- momentarily. For his benefit, I note that. tion in the bill offered by the Finance the absence of a quorum. We could have debate on the bill and Committee goes to people who are al- The PRESIDING OFFICER. The then go to a vote on the alternatives ready in a bonus situation. It has noth- clerk will call the roll. and relevant amendments and get this ing to do with the marriage tax pen- The legislative clerk proceeded to finished by the close of business on alty. call the roll. Thursday or Friday at the latest. But I am suggesting that those are dol- Mr. LOTT. Mr. President, I ask unan- the list we have is not only not rel- lars that could be perhaps better spent imous consent that the order for the evant, but, first of all, we haven’t had for debt reduction. I think most Ameri- quorum call be rescinded. a chance to really look at how they cans would like to see the national The PRESIDING OFFICER. Without would work or the details of the pro- debt paid off. That makes a lot more objection, it is so ordered. posals. sense to me. Or perhaps they would Mr. LOTT. Mr. President, the Demo- One of them by Senator ROBB has to prefer that it go to education, health cratic leader and I have been working do with prescription drugs. Senator care, or whatnot. to try to reach an agreement to con- WELLSTONE has one which is something We are here to address the marriage sider the very important Marriage Tax similar to the Canadian system of pre- tax penalty. I think we should focus on Penalty Relief Act. We started working scription drugs. But it looks to be a the marriage tax penalty and, by doing on it yesterday afternoon sometime pretty detailed proposal that I don’t that, I submit that the proposal offered around 3:30 or 4. Senator DASCHLE indi- think the Finance Committee has had by Senator MOYNIHAN, the minority al- cated they had a number of amend- a chance to consider. ternative, focuses only on the marriage ments that they would like to have We have one by Senator GRAHAM tax penalty. It is very simple to under- considered, and, of course, we asked for dealing with Medicare and Social Secu- stand. Essentially, the taxpayers a chance to see what those amend- rity priorities. I think he offered some- choose whether to file jointly or sepa- ments were. We, of course, urged that thing similar to this in the Finance rately. I think that sort of empowers they be relevant amendments. Committee. This is not one of which we

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.132 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2599 were unaware. We could have a discus- do with Medicaid and family care, or a mitted to a 1-hour time limit, that he sion on that, and I think have a vote, motion to commit on the part of Sen- can oppose them, he can table them. but it certainly doesn’t relate to the ator KENNEDY; a Robb motion regard- Mr. LOTT. How about second-degree marriage tax penalty. ing marriage tax penalty and prescrip- them? We have one on the college tuition tion drugs; a Wellstone amendment on Mr. DASCHLE. We would not agree tax credit. There is one on the CRT in- prescription drugs; a Graham amend- to second-degree amendments. come. This is an agriculture issue. We ment on Medicare and Social Security To ask for the details on top of all of have one on changing how you deduct a priorities having to do with the mar- that seems to me to be a real stretch. natural disaster impact on your tax riage tax penalty; a Schumer amend- I am sure that in good faith we can form. I don’t even know. That may be ment having to do with college tuition work through these amendments one something we would want to look at tax credit and the marriage tax pen- by one. doing. Don’t we want to consider that alty; a Dorgan amendment having to That is quite an acknowledgment on in the Finance Committee, see what do with taxation of CRP income; a our part, a willingness to submit to the the budgetary impact is, and see what Torricelli amendment having to do debate, 10 amendments, 1 hour equally people are doing now versus what they with tax consequences of national dis- divided on each of these, most of them might do under this proposal? It is aster assistance; and a Harkin amend- directly relevant to marriage tax pen- something I would like to talk to Sen- ment having to do with capping bene- alty, but in all cases certainly relevant ator TORRICELLI about to see exactly fits in the bill and putting the savings to the debate about priorities of the what he is trying achieve. into Medicare and Social Security money being spent. Then, at 3:45, we got the amendment trust funds on the marriage tax pen- Mr. LOTT. Mr. President, I object to from Senator HARKIN. Honestly, I can’t alty relief legislation, as well. that with at least two observations. even quite tell you what it did. I be- I further ask that each amendment The PRESIDING OFFICER. The ob- lieve that one relates to the marriage be limited to debate for 1 hour equally jection is heard. tax penalty. It would probably be rel- divided. Mr. LOTT. For instance, the tax- evant. Three or four of these could Mr. LOTT. Mr. President, reserving ability of the CRP income—I don’t probably be relevant, and we could get the right to object, could I inquire, is know how anyone can stretch that to them done. this the same list I was given earlier make it applicable to the Marriage Tax I hope the Democratic leader would today plus the Harkin amendment that Penalty Relief Act. try to reduce his list or, at a minimum, was added after that original list? Second, the request by the Demo- make them work with us in getting rel- Mr. DASCHLE. That is correct. cratic leader did not allow for second- evant amendments to the marriage tax Mr. LOTT. Is there any difference? I degree amendments, or any alter- relief bill. I think that is a reasonable thought you indicated on a couple of natives, or any option—even side-by- request. these—and I referred to the earlier side amendments by the majority. We I emphasize again that is what we did Kennedy amendment, which really is a certainly need to work through that. on the education savings account and major Medicaid change—you made it I still think we can go forward and on the Social Security earnings limita- sound as if it might be relative to the continue to work to try to find a list tion. marriage penalty tax. of, hopefully, relevant amendments Mr. President, I ask unanimous con- Mr. DASCHLE. Mr. President, on sev- that could be offered to get to a conclu- sent that the Senate now resume the eral occasions we have had debates sion on the marriage penalty tax. pending legislation and that there be 10 with the Parliamentarian and with the Since we are not able to reach an relevant amendments in order for the majority with regard to the issue of agreement at this time, I announce Democratic leader, or his designee, and relevancy. I point out to my col- that the cloture vote will occur tomor- 2 relevant amendments in order for the leagues, the concept of relevancy is row unless we come to an agreement majority leader to the pending sub- only defined as it relates to an appro- that allows a vitiation of that cloture stitute, with no amendments in order priations bill. There is no definition of vote. to the language proposed to be strick- relevancy. Mr. DASCHLE. Mr. President, maybe en, or motions to commit or recommit. In our view, all of these issues are you have to be in the minority to ap- I further ask unanimous consent that relevant to the debate on marriage tax preciate the position in which the mi- following the disposition of the listed penalty. We believe relevancy ought to nority has now been put once again. amendments—certainly 10 would be an be taken in that context. I am troubled The Republican majority is saying, awful lot of amendments—and any rel- by the interpretation we have gotten first and foremost, we want to debate evant second degrees, the bill be ad- from the Parliamentarian a couple of the marriage tax penalty. We say to vanced to third reading, and passage times on the issue of relevancy. In our that, absolutely; we want to debate the occur, all without any intervening ac- view, these matters are certainly rel- marriage tax penalty. We strongly sup- tion or debate. evant to the debate on tax con- port marriage tax penalty relief. I further ask unanimous consent that sequences and marriage penalties. Then they say, we want you to limit following passage of the bill, the Sen- Mr. LOTT. Is the Senator saying in your amendments. So we say, OK, we ate insist on its amendments, request a each one of these cases what is offered will limit our amendments. conference with the House, and the would be in place of the Marriage Tax Then they say, we not only want you Chair be authorized to appoint con- Penalty Relief Act in whole or in part? to limit your amendments, we want to ferees on behalf of the Senate. Mr. DASCHLE. No. I am simply say- be able to tell you which amendments I finally ask unanimous consent that ing in most of the amendments offered you can offer. the cloture vote scheduled for Thurs- there is a direct relevancy to the issue After saying first of all we will de- day of this week be vitiated, in view of of marriage tax penalty. bate the marriage tax penalty, after this request, if it is agreed to. I am also suggesting in all cases we secondly saying we will limit amend- The PRESIDING OFFICER. Is there would be prepared to limit the debate ments, to give the majority now the objection? to 1 hour equally divided. Regardless of right to dictate to the minority that Mr. DASCHLE. Mr. President, I ob- its relevancy, the fact is the majority they have the ability to determine ject. leader would be able to begin this de- what the context, what the definition, Mr. President, I ask unanimous con- bate, conduct his debate as he has an- what the scope of our amendments sent that the 10 amendments to be con- ticipated, with an expectation that we ought to be, it seems to me to be an ab- sidered during the debate on the mar- could finish by the end of the day to- rogation of all that is fair in debating riage tax penalty be the following: morrow. an important issue such as this. An alternative amendment offered by He has noted, of course, that he If we are going to spend $248 billion, Senator BAUCUS, or his designee; an al- doesn’t necessarily support or endorse there are other ways in which we can ternative amendment offered by Sen- many of these amendments. It is the spend that money. Every one of these ator BAYH; an alternative amendment right of the majority leader, especially amendments in that context is rel- offered by Senator KENNEDY having to given the fact that we have now sub- evant. Should we spend $248 billion on

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.136 pfrm12 PsN: S12PT1 S2600 CONGRESSIONAL RECORD — SENATE April 12, 2000 a marriage tax relief bill, 60 percent of I yield the floor. gle in which we are all engaged affects which does not go to those experi- f all of us in this hemisphere, particu- encing a marriage tax penalty? Sixty larly those in the United States. And MORNING BUSINESS percent of that $248 billion does not we know we are going to do everything have anything to do with the marriage Mr. LOTT. I now ask unanimous con- we possibly can to see to it the support tax penalty. It goes in most cases to sent that the Senate proceed to a pe- of the United States is forthcoming to people who get a marriage bonus. riod of morning business with Senators President Pastrana and the people of We are saying let’s fix the marriage permitted to speak—— Colombia. tax penalty. But if you are going to Mr. REID. Reserving the right to Mr. President, you are warmly wel- spend all that money, we have a whole object—— come here today. We are delighted you list of other things we think we ought Mr. LOTT. For up to 10 minutes each. are with us. to be looking at. It is in that context The PRESIDING OFFICER. Without f objection, it is so ordered. that I think we are being reasonable RECESS and fair, especially given the fact that The PRESIDING OFFICER. The as- we are simply saying we will agree to a sistant minority leader. Mr. LOTT. Mr. President, I ask unan- limit on amendments, we will agree to Mr. REID. Mr. President, before the imous consent the Senate recess for 2 a limit on time. two leaders leave the floor, I want to minutes for the purpose of the Senate I think this Republican bill is a mar- say, first of all, the Democratic leader welcoming and receiving to the U.S. riage tax penalty relief bill in name is being so generous. We, the Demo- Senate, the President of Colombia, only. It is a Trojan horse for the other crats, 44 of us, follow him in lockstep. President Andres Pastrana. There being no objection, the Senate, risky tax schemes that have been pro- But the fact is, he has gone a long ways at 5:23 p.m., recessed until 5:28 p.m.; posed so far this year. If this bill towards accommodating the majority whereupon, the Senate reassembled passes, Republicans will then have en- leader. when called to order by the Presiding acted $566 billion in tax cuts this year I would just say this in passing: If we are going to be logical about this de- Officer (Mr. VOINOVICH). before they have even completed the The PRESIDING OFFICER. The Sen- budget resolution. That is not even bate, then if you look at the under- lying bill, that is the marriage tax pen- ator from Kansas. counting the audacious $1.3 trillion Mr. BROWNBACK. Mr. President, I alty the Republicans are pushing for- their Presidential candidate, George W. seek to be recognized to speak as in ward, you will find 60 percent of it is Bush, has proposed as their standard morning business for up to 10 minutes. bearer. Add $1.3 trillion and the $566 not relevant to the marriage tax pen- The PRESIDING OFFICER. The Sen- billion, and that is $2 trillion in tax alty—60 percent of it is not relevant. ator from Kansas. So if he is talking about relevancy, cuts they are proposing without a f budget resolution. which I think should have no bearing Is this the way we ought to spend the on the proceedings here, 60 percent of THE MARRIAGE PENALTY TAX surplus, including the Social Security their own underlying bill is not rel- Mr. BROWNBACK. Mr. President, I surplus? We are saying we can do bet- evant. appreciate the leadership on both sides ter than that. We are saying we ought So I think, I repeat, our leader has and their discussion on us moving for- to look at providing prescription drugs been so generous, trying to move ward and dealing with the marriage for our senior citizens. We are saying things along. I think his statement is penalty tax. I am glad we are finally we ought to look at college tuition tax underlined by all the other 44 Demo- coming together, but I would note the credits. We are saying we ought to look cratic Senators. We support every step Senator from South Dakota has put at the Medicaid and CHIP health pro- he has made. We think he is doing the forward, on behalf of the Democrat grams. right thing in protecting the preroga- side, 10 amendments on this issue. I remind my colleague, just this day tives of the Senate, having this debate Many of these are not directly relevant last week, 51 Senators—Republican and in the Senate where there is free de- to what we are trying to get done. With Democrat—voted for passing a pre- bate. We are not even asking for free all due respect to him putting these scription drug benefit before we pass debate; we are asking there be some de- forward, and I appreciate them work- the first dollar in tax cuts. Mr. Presi- bate, which is not being allowed. ing with us some, we have a pretty di- dent, 51 Senators voted for that; a ma- f rect issue in front of us. It is the mar- jority of Senators said we are for a pre- VISIT BY THE PRESIDENT OF THE riage tax penalty. scription drug benefit before we are for To tie with it a discussion on pre- REPUBLIC OF COLOMBIA, AN- a tax cut, any kind of tax cut. scription drugs, to tie with it discus- DRES PASTRANA We want to deal with the marriage sions on Medicare, on Social Security tax penalty. We want to come up with Mr. L. CHAFEE. Mr. President, as priorities, on a college tuition tax an agreement on the marriage tax pen- chairman of the Subcommittee on credit, on conservation reserve pro- alty. But if some Republicans want to Western Hemisphere Affairs, it is a grams, on the natural disaster assist- run for Democratic leader so they can great pleasure to welcome the Presi- ance program, really just goes con- dictate to the Democratic caucus what dent of Colombia to the Senate of the trary, completely, to us ultimately our agenda ought to be and what our United States. I have been listening trying to get this bill through. amendments ought to be, let them run. with rapt attention. He has been trying What we have before us is a marriage I will take them on. We can have that to explain to us his hopes for the fu- tax penalty. We have two alternatives debate. We will have a good election in ture. put forward by the Democrat Party. the Democratic caucus. Thank you, Mr. President. That is good. I think we can have good, But until they are elected Demo- The PRESIDING OFFICER. The Sen- direct, clear votes on that, and then we cratic leader, I think Democrats ought ator from Connecticut. can press forward. to make the decision about what Mr. DODD. Mr. President, I join my With all due respect to the Demo- Democrats offer as amendments. distinguished colleague from Rhode Is- cratic leader, to call this a risky tax They can agree with us on time, on a land, the chairman of the Sub- strategy, I think what is at risk if we limitation on numbers, but not on con- committee on Western Hemisphere Af- do not deal with the marriage tax pen- text, not on text, not on substance. fairs; along with the chairman of the alty is the institution of marriage in That is what this is all about. full committee, Senator HELMS; the this country. What has happened is We will have the debate time on clo- distinguished majority leader; the mi- there is the fall-off in the number of ture if we have to. Like the majority nority leader; and other colleagues who people getting married, and then we leader, I am an optimist. I am hopeful are here—Senator BIDEN—in extending tax them on top of that. That is risky. we can come to some agreement. It cer- a very warm welcome to the distin- They have said a number of times tainly is within reach. But not if we guished President. that 52 percent does not deal with the are dictated to with regard to the text We have great admiration for him marriage tax penalty. It is all directly of the amendments. and the people of Colombia. The strug- applicable to the marriage tax penalty.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.138 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2601 The Democratic proposal actually en- I want to say something else for the Mr. WELLSTONE. Mr. President, I shrines in law a new homemaker pen- record. A complaint was made a few actually want to proceed to morning alty; that is, when one of the spouses weeks ago by the Democratic leader business to introduce a bill, but having decides to stay at home and take care about the cost of this bill and whom it listened to the majority leader and of the children. The Democrat proposal will affect. I will, once again, read having listened to Senator DASCHLE, I makes families with one wage earner briefly what this bill will do. want to briefly respond to what I have and one stay-at-home spouse pay high- It will provide a $2,500 increase to the heard on the floor of the Senate. er taxes than a family with two wage beginning and ending income level for This is the Senate, and I thank Sen- earners earning the same income. Why the EIC phaseout for married filing ator DASCHLE for representing me as a discriminate against one-wage-earner jointly; in other words, a $2,500 in- Senator from Minnesota so I can rep- families? That is a direct connection to crease for the earned-income tax credit resent the people in Minnesota. the marriage tax penalty. That is a joint or married couples. That is the This proposal the Republicans have marriage tax penalty taking place with low-end, entry-level couples who need brought to the floor can easily be de- the one-wage-earner family. help. There is a specific provision that bated tomorrow. Senator DASCHLE Why do we want a Tax Code that pe- will cost, over a 10-year period, about made a proposal where there would be nalizes families because one spouse $14 billion. other amendments. They would be lim- chooses to work hard at home and one It also provides the standard deduc- ited to an hour equally divided and up- chooses to work hard outside the tion set at two times single for married or-down votes. It is a matter of wheth- home? I do not see why we would want filing jointly, and it doubles the brack- er or not my colleagues, the majority to do that. ets for the 15-percent and 28-percent. leader, and others, want to vote and There are a lot of things I like about Then it provides for permanent exten- want to be accountable for votes. the Democratic alternative, as far as sion of the alternative minimum tax As it turns out, in the Senate, we doing away with the marriage tax pen- treatment of refundable and nonrefund- come to the floor and we try to rep- alty in a number of other places in the able personal credits. resent the people in our States. We will Tax Code. This notion of penalizing a What is it in these provisions to have an opportunity to focus on the single-wage-earner family is really not which the Democrats object? It is Republicans’ proposal. The problem something we should be pressing. aimed at low-end married couples. It is with their proposal is it blows the More to the point, it makes the en- aimed at correcting a problem that was budget, and the hundreds of billions of tire issue of the marriage tax penalty, never intended, where people in the dollars that go into their proposal dis- all 100 percent of the tax cut, relevant middle income are paying higher taxes proportionately go to people at the top. to marriage. They are saying 52 per- because of the alternative minimum It is money that can be invested in cent of it is not relevant to the family. tax, and it is aimed at the lowest and other areas. It is directly relevant to that one- the middle brackets. It makes good There are a number of Senators with wage-earner family. In many of those sense. amendments. Our amendments say cases, they are saying it is not. Once again, what the Democrats are some of that money, as my colleague The other point, and I do not think it suggesting is a diversion. They want to from Montana mentioned, should be in- needs to be belabored: If we are ready get into agricultural policy. They want vested in kids and education; some of to pass marriage tax penalty relief and to get into Medicaid reform. They want that money should be invested in mak- both sides agree we need to pass mar- to get into anything to distract from ing sure prescription drugs are afford- riage tax penalty relief, why would we the issue at hand. able for senior citizens and others. take up a series of additional amend- We are perfectly willing to go ahead In my particular case, the proposal I ments on Medicaid, prescription drugs, with relevant amendments on the mar- talked about—and I have worked with Social Security, college tuition tax riage tax penalty. In the end, the ques- Senator DORGAN, Senator SNOWE, and credit, Conservation Reserve Program, tion is: Are you for eliminating the others on it—essentially says that natural disaster assistance? Those are marriage tax penalty or not? If you when it comes to FDA-approved drugs not relevant to the issue. We have a are, this is the opportunity. We will in our country, there should be a way chance to do this particular issue, have a chance to see tomorrow who is agree or disagree. really for it and against it. for our pharmacists and wholesalers to If the Democrats think this is too I thank the Senator for yielding, and import those drugs back from other rich, let’s vote on their bill; let’s have I thank him for his leadership on this countries at half the cost and pass that a vote on it. We have the chance now issue. It is an issue he has been talking savings on to consumers. That is called to do that, to hone in on that. I am about ever since he arrived in the Sen- free trade. As a matter of fact, then fearful that what I am seeing is more a ate. Now we have a chance to get it people have less to deduct and there is block to dealing with the marriage tax done. We should not get off on side less of a penalty. penalty. trails on issues that will complicate or My point is, with all due respect— Mr. LOTT. Will the Senator yield? maybe even defeat our entire effort. I and I am just speaking for myself—for Mr. BROWNBACK. I will be delighted thank the Senator. Keep up the good too long the majority leader has come to yield. work. out here and has basically said: I am Mr. LOTT. Mr. President, I asked the Mr. BROWNBACK. Mr. President, I not going to let other Senators come Senator to yield because I very much thank the majority leader for his lead- out here with amendments that deal agree with what he is saying and want ership and willingness to schedule this with issues that are important to the to emphasize a couple points. time. I am interested in dealing with lives of people they represent; I am There is a Democrat alternative. I in- this issue because we have been press- going to insist on only the amend- dicated even yesterday we would be ing it for years. We have been talking ments I say you can do, and if you are glad to take up debate and vote on it. about it. Some have talked about it in not willing to do that, I will file clo- I note even the Washington Post yes- campaigns. ture and that is it. terday said the problem, for instance, Why do we want to tie in 10 other That is not the way I remember the with the Democratic bill is it is topics? We should not. I hope the Senate operating for most of the years backloaded and would actually cost Democratic leader and our side can get that I have been here. The thing that I more over a 10-year period and more of together and agree on a set of alter- have always loved about the Senate, it would affect the upper end, the more natives that are relevant. Let’s have a the thing that I think has led to some wealthy people. That is the alternative series of votes up or down so we can really great Senators, is the ability for that was offered in the Finance Com- deal with this marriage tax penalty re- Senators to offer amendments, to mittee. lief bill. It is time to do that. We have speak out for the people they rep- I believe our bill is much more in line the wherewithal to do it. I hope we will resent, to have up-or-down votes, and with what the average working Amer- deal with this now. we would go at it. ican—a young couple and older couple, Mr. President, I yield the floor. If it takes us a week, it takes us a for that matter—would like to have. I The PRESIDING OFFICER. The Sen- week. If we start early in the morning, appreciate the Senator’s remarks. ator from Minnesota. and we go late in the night, that is the

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.142 pfrm12 PsN: S12PT1 S2602 CONGRESSIONAL RECORD — SENATE April 12, 2000 way we do it. We are legislators. We young couples. They are getting mar- eliminate the marriage penalty. It is are out here advocating and speaking ried. Both of them work. They find out, what happens when you get married. It and fighting for people we represent. for the first time, they actually pay is the increase in the tax when you get I thank Senator DASCHLE from South more taxes if they get married than married. This is entirely eliminated Dakota for essentially saying there is they do if they remain single. within a 4-year period of time. I sup- no way we are going to let the major- These people are generally under the port Senator BAYH’s proposal, and I ity leader basically dictate to us what $100,000 earning limit. I have never will be pleased, when he offers it, to be issues we should care about, what heard anyone at the top brackets say a cosponsor of it. I hope it will have amendments we get to offer. they find the marriage tax penalty to very serious debate and discussion be- We have a different view about good be unfair. But I have heard consider- fore this body. tax policy. We have a different view able testimony from young couples get- I thank the Chair and yield the floor. about how to get the benefits to fami- ting married, young professionals: My The PRESIDING OFFICER. The Sen- lies. We also have a different view goodness, we have to pay this penalty. ator from Montana. about other priorities that we ought to Why is it? How is it fair? Mr. BAUCUS. Mr. President, I thank be dealing with on the floor of the Sen- Senator BAYH’s proposal strikes right my good friend from California for her ate as well. at that heart, and it does so in a way statement. I will tell you, coming from a State that you can say and I can say—every This will come out later when we de- where 65 percent of the elderly people one of us in this body can say—we bate this more. I think it is important have no prescription drug coverage eliminate the marriage tax penalty for to note that the proposal advocated by whatsoever, I would like to see the those earning under $120,000 all across my good friend from California has a Senate get serious on that issue. I this land within 4 years. I think it is certain deficiency, which is that it does would like to have an up-or-down vote. simple. I think it is direct. It is cost ef- not at all address the marriage tax I would like to thank the minority fective. And it gets the job done. I penalty caused by unearned income. leader for protecting my rights. think it makes a great deal of sense. The proposal advocated by my friend Finally, I ask the Chair, how much The targeted Marriage Tax Penalty from California deals only with the time do I have left? Relief Act provides significant relief by marriage tax penalty caused by earned The PRESIDING OFFICER. The Sen- creating a dollar-for-dollar tax credit, income; that is, by wages and salaries. ator has 3 minutes 58 seconds. calculated by the taxpayer, using a There are a lot of senior citizens in our (The remarks of Mr. WELLSTONE per- simple worksheet, which offsets and country, as we know. Most of their in- taining to the introduction of S. 2414 eliminates the marriage penalty for come is unearned income. It is pension are located in today’s RECORD under families making under $120,000. The benefits, Social Security income. It is ‘‘Statements on Introduced Bills and credit is phased out at $140,000. not wages or salary. As a consequence, Joint Resolutions.’’) The bill would also broaden the avail- there is about a $60 billion tax penalty Mr. WELLSTONE. I yield the floor. ability of the earned-income tax credit over 10 years for senior citizens that is The PRESIDING OFFICER. The Sen- for low-income working families. not addressed in the proposal offered ator from California. by or mentioned by and advocated by Mrs. FEINSTEIN. I ask unanimous Under this legislation, half of all tax- the Senator from California but which consent to be recognized to speak as in payers with marriage penalties will is covered by the proposal offered by morning business for a period not to have their penalties eliminated the the Senator from New York, the Demo- exceed 10 minutes. first year. By 2004, it completely elimi- The PRESIDING OFFICER. Without nates the penalty on earned income for cratic proposal. objection, it is so ordered. all couples making under $120,000. That I will address another situation. The Senator is recognized. is approximately 17.5 million couples. There are lots of aspects of the mar- Mrs. FEINSTEIN. Mr. President, I If you look at the fact that the im- riage tax penalty provision. Again, know there is a great deal of discussion pact of the majority proposal by the there is nothing in the code that im- going on about the marriage penalty Finance Committee eliminates most of poses a penalty on marriage. It is just tax. I wanted to stay out of the politics the marriage tax penalty on 21.6 mil- that because of our combination of pro- of it, if I could, and just speak about lion couples who currently face pen- gressive rates, a desire to achieve neu- the merits of the proposals for a few alties by year 10, and provides a trality between married taxpayers and moments. bonus—this does not provide a bonus; individual taxpayers with the same in- Essentially, what we have are three the phaseout in that bill is over 10 come, a desire to achieve equality be- proposals: the Finance Committee pro- years—the phase in the Bayh bill is tween married couples with the same posal of $248 billion, over 10 years; the over 4 years. In the Moynihan bill, 21.6 income but with different distribution Moynihan proposal, which is the Demo- million couples who currently incur a in earnings, we end up with this prob- cratic proposal, of $150 billion over 10 marriage tax penalty would find relief lem. There is no total fix. It is just a years; and then I believe a proposal by year 10. matter of trying to figure out what that is really worthy of very serious The beauty of this bill is that all of makes the most sense. consideration by this body, and one the marriage tax penalty is eliminated This chart deals with only one aspect which I would support, which is a pro- for 17.5 million people by year 4. And of the so-called marriage tax penalty. posal by Senator EVAN BAYH of Indiana less than 10 percent of all households That is the example of the marriage for $90 billion over 10 years. earn more than $120,000 a year. So, ef- tax penalty in the earned-income tax I believe this proposal is the most fectively, it covers not only 17.5 mil- credit, the EITC, a provision in the law sensible and most fiscally responsible lion people, but it covers over 90 per- which is to help low-income people who way to go about addressing the issue. cent of the population who would be af- otherwise face a significant tax burden, More than 21 million couples suffer fected. It does it at a cost that is much let alone all the other difficulties they from the marriage tax penalty. In my lower than the other two bills—$90 bil- are facing in life with low income. This State, there are close to 3 million of lion. chart shows first a single mother with them. What I like about it is it gives us the two children. Let’s say her income is I think providing marriage tax pen- opportunity to actually see tax reduc- $12,000 a year, which is very common. alty relief is a measure of common tion happen, to actually say that with- She, today, would receive an earned-in- sense and a measure of decency. The in 4 years the marriage penalty tax is come tax credit benefit of $3,888. Tax Code not only can be used for rev- completely eliminated for working Let’s take a single father with no enue producing, but it is also used to families earning under $120,000 a year. children. Let’s say his income is the encourage behavior that one believes We do it for a modest amount of $90 bil- same; it is $12,000. Obviously, he re- one should encourage. Certainly get- lion over 10 years. ceives a zero earned-income tax credit. ting married is a behavior that one The other bills deal with all kinds of Let’s say the single mom with two wishes to encourage. different so-called hidden penalties, children marries the individual with no Who generally believes that the mar- but those are not the real things that I children. Now they are married with riage tax penalty is unfair? They are think impact the people’s drive to two children. Their total income will

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.145 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2603 be $24,000, hers $12,000 and his $12,000. I have an amendment prepared to im- insurance, or maybe take a family va- But because of the marriage tax pen- plement elimination of the marriage cation. The point is, you would have alty, because of the way the Tax Code tax penalty a lot sooner. I am contem- control over an additional $1,400 to do works, and in particular the EITC pro- plating offering that. I will see how with what you want, and not have the visions which are very complex, as a much support there is for it. Before I Government taking your money when- consequence of the man and the woman do that, however, instead of the pro- ever it wants. getting married, their now joint posed phase-in period of 6 years, which I have received a lot of mail on this earned-income tax credit will no longer is the underlying proposal, my amend- issue over the years asking for relief— be the $3,888, which the woman alone ment would eliminate the marriage I might say, begging for relief, for the with her two children would receive. penalty tax immediately, bringing Congress to do something. Just one ex- Rather, now that they are married, the working parents tax relief right away. ample. A gentleman by the name of combined EITC benefit would be lower, According to the Congressional Re- Roy Riegle from Derry, NH, wrote this: in the neighborhood of $1,506, a clear search Service, as this graph shows, I am a software engineer working in penalty for getting married. It is some- the additional savings my plan would Merrimack and living in Derry. Via the Web, bring married couples over the Roth I just learned of the House Passage of the thing we want to fix. ‘‘Marriage Tax Cut’’ bill. (I think it is H.R. It has been stated several times that plan would be almost $3,000. If you look 6). I want to heartily encourage you to vote the proposal, the Finance Committee at the years, we go from $69 versus $879 for this bill when it reaches the Senate. We proposal helps low-income people by in 2002, all the way over to 2008, where are one of the classic middle class families addressing the marriage tax penalty it evens out. The point is, these are (I’m an engineer and my wife teaches in under the EITC. It does, but not very savings for a married couple—about Chester) who are trying to pay for our kid’s much. The maximum amount of relief $810 in the first year, 2002—if we put it college education. Our cost to send our sec- ond daughter to Trinity College in Hartford, that can be received under the Finance into effect immediately. Connecticut, next year is expected to be Committee bill in addressing a poten- With today’s cost of living exploding, $20,000. We need assistance of some sort, and tial $2,382 penalty is $500. That is the education, tuition, high prices at the this will help. Thank you for your consider- maximum amount of benefit under the pump, that is a substantial savings for ation. marriage tax penalty that is addressed an ordinary working family. I think we ROY RIEGLE. in the Finance Committee bill. ought to make this effective today, as That is so true of many families try- Contrast that with the Democratic soon as it passes, and not implement it ing to meet expenses and pay education alternative. Under the Democratic al- over a 6- or 7-year period. Married cou- costs. For all these millionaires and ternative, there would be total relief; ples have been waiting for a large num- billionaires you read about and hear that is, a single mom with two children ber of years, since this ridiculous pro- about all over the country making all and a single father with no children, vision was put in the IRS Code. this money, maybe $100 a month isn’t when they get married, would receive It is not often we have the oppor- important. But it is real important to no penalty. Why is that? Because of the tunity to right a wrong around this people such as the Riegles and so many simplicity of the Democratic alter- place, but this is an opportunity. I sin- others who have written me on this native. The simplicity is, if you are cerely hope we take advantage of it. issue over the years. married, you just choose. You file Today, however, not only do we have Since 1970, the number of dual-in- jointly or you file separately. You the opportunity to turn back a tax, we come couples has risen dramatically choose the one which results in lower also have an opportunity to turn back and continues to rise. It is these fami- tax. As a consequence, all of the 65 pro- an unjust tax that punishes an institu- lies who will benefit from the repeal of visions in the Tax Code which some- tion that is the very backbone of soci- this tax. What an outrageous tax this times cause a marriage penalty are ad- ety, at least in most of our minds. is, to discriminate against people who dressed. They are all solved. You hear some people say that it are married. It is just un-American, The minority bill solves completely isn’t. But marriage is the backbone of and how it ever got in the code is be- the marriage tax penalty problems fac- our society, the essence of our families. yond me. Why it hasn’t gotten out in ing some Americans. Contrast that One of the reasons why we are having a all these years is beyond me. I think we should understand that with the Finance Committee bill, lot of cultural problems today is a lack the reason why, as we stand here now, which does not solve completely the of emphasis on the family and mar- we have not been able to pass this on marriage tax penalty problems facing riage. Twenty-five million couples are the floor of the Senate today is because some married taxpayers because the subject to the marriage tax penalty in America and, frankly, those of us who of delays, because the other side wants Finance Committee bill deals with to offer nongermane amendments to only three of the inequities, not all 65. have not had the courage to overturn that tax over the past several years de- slow it down, to say we have to pick This is just one of the inequities the and choose which family gets a break. serve some of the blame because it pun- Finance Committee bill does not ad- You have to be in a certain income tax ishes married people. In New Hamp- dress very much. There is kind of a lit- bracket, or you have to be a certain shire alone, almost 140,000 couples will tle tack-on provision which addresses type of person to get a break, and all be hit with a marriage tax penalty. In it. But as a consequence, the Demo- this nonsense. Everybody should get cratic alternative completely solves a small State such as New Hampshire, the break. The marriage tax penalty the EITC problem. which only has a little over a million itself is unfair. It is not more or less I yield the floor. people, this tax is antimarriage, fair for one family or another, depend- The PRESIDING OFFICER. The Sen- antifamily, and antichild. Children ing on the income. It is an unfair tax. ator from New Hampshire. reared in two-parent homes are more Let’s get rid of it, period. There is Mr. SMITH of New Hampshire. Mr. likely to succeed in school, stay away nothing complicated about that. This President, we did spend some time from drugs, and not become involved in year, Americans will give 39 percent of today debating the elimination of the crime. We should not penalize married their income to the Federal Govern- marriage penalty tax. This is some- couples. It doesn’t make sense. ment. As tax levels rise, women who thing I have been working on for all A way for couples to avoid the mar- might otherwise stay at home are the years I have been in Congress in riage tax penalty is they could file for forced to enter the job market. The the Senate. I look forward to the day divorce and save money or they could percentage of single-worker households we can repeal it. I was hoping we would not get married and save money and in the U.S. has plunged to 28.2 percent, have this vote in the near future. I just live together. That kind of tax pol- compared with 51 percent in 1969. How- very much regret the delay that was icy doesn’t make sense. The average ever, the harder parents work to keep imposed upon us by the minority be- marriage penalty is $1,400, or more, in pace, the greater their chances of mov- cause by putting nongermane amend- additional Federal income taxes, which ing into a higher tax bracket and wind- ments on this, we slow down what we is more than $100 a month. That is an ing up giving more to the Government. could accomplish here in the very near extra $1,400 that could be used to buy Mr. President, in conclusion, these future, which is finally to eliminate school clothes for kids, pay for a home families are right. These taxes do pe- the marriage tax penalty. computer, perhaps, or a little health nalize. If we are going to penalize the

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.148 pfrm12 PsN: S12PT1 S2604 CONGRESSIONAL RECORD — SENATE April 12, 2000 sacred institution of marriage and of- make it. If she had made it, we would forward to, and what Elian will have to fend our sense of decency and morality, not be here talking about this because, look forward to when he is dragged if that is what is going on in the Tax under the law, she and Elian would be back to Cuba—for his father. Give me a Code, we need to correct it. allowed to stay here. So because she break, Ms. Reno. We should be encouraging the make- died, Elian has no rights. On July 13, 1994, 72 Cuban men, up of the family, not the breakup of Those of you listening to me now women, and children boarded the 13 de the family. We should bring tax relief who think this is a father-son issue, I Marzo, a tugboat, trying to sail for to married couples today—not tomor- want you to listen carefully to what I freedom to the United States, just like row, not next year, not 6 years down have to say because it is not a father- Elian did. Less than 3 hours later—3 the road, but today. They have waited son issue. That is a totally bogus argu- hours later—32 of them would be forced all these years with this discrimina- ment. There are reports in Miami that to return to Cuba—they were the lucky tory tax. We can never make it up to Elian is reluctant to travel to Wash- ones—while the other 40, 23 children them, so let’s start today and make it ington to see his father. He is a fright- among them, were left by the Cuban effective today. We can bring tax relief ened little boy. Wouldn’t you be after authorities, their bodies scattered at to these couples by passing my amend- you survived that? Has anybody listen- sea. ment and, if not mine, at least we ing to me now ever gone through an ex- At 3 o’clock in the morning, 22 men should get started with the underlying perience like that—floating on an and 30 women boarded a recently ren- bill. It is better to do it down the road, innertube on the high seas for 3 days, ovated World War II tugboat in the Bay over the course of 6 years, than not at after you watched your mother die, and of Havana. With them were over two all. With my amendment, we can do it everybody else on the boat is gone ex- dozen children, one an infant, and sev- immediately and save all of this money cept two others he didn’t know were eral others between 5 and 10 years old. each year for each of these families. alive because they were drifting off I am going to show you some pictures (Mr. ALLARD assumed the Chair.) somewhere else. And then to be sitting of the children who boarded that boat f in a home in Miami, with people who who never returned. I want to show you love him, who have taken care of him, pictures of children who died such as ELIAN GONZALEZ and to wonder if today, right now, to- these children right here: Mr. SMITH of New Hampshire. Mr. night, tomorrow morning—he doesn’t Caridad Leyva Tacoronte, dead, 4 President, I want to talk on a subject know when—maybe noon tomorrow, in years old; that has been in the news a lot. I will comes the large, sweeping hand of the Angel Rene Abreu Ruiz, dead, 3 years take a few minutes of the Senate’s Justice Department and Janet Reno, old; time. I have been involved in a lot of and they yank him from the arms of Yousel Eugenio Perez Tacoronte, issues. I have debated just about every- these people who love him and drag dead, 11 years old. thing known to mankind on the floor him back to Cuba. That is what he is Let me tell you how they died with of the Senate, as have most of us. I am sitting through now and worrying this dictator who tells you that he in my tenth year in the Senate, and I about now. He is a frightened little wants to welcome this little boy back have never been involved in an issue boy. When are we going to be con- to Cuba so he can be with his father. If that has gotten to my heart more than cerned about this frightened little boy? Castro had caught him, he would be the Elian Gonzalez case—never. Last I am tired of hearing about everyone dead. All of them would have been. He night, on the Geraldo Rivera show, a else’s rights in this debate. I am sick of would have killed them. But he didn’t poll was shown saying 61 percent of the it. I am sick of the fact that I can’t get catch them. They drowned. American people said Elian Gonzalez a vote on the floor of this Senate be- Now Elian has to be told that he has should go back to his father, and 28 cause the people do not have the guts to go back. His father said the other percent of them said he should stay to vote. They do not want to be re- day, ‘‘Four months I have been waiting here in America. corded. I am sick of it because this lit- for my son.’’ Here is this little boy who floated in tle boy is going to be dragged back to Where have you been, Mr. Gonzalez? the ocean on an innertube after his Cuba, and he is going to be used as a Nobody is stopping you from coming mother died trying to bring him to pawn in Castro’s—God knows what— here, except Castro. We don’t have any America. So we are now going to con- forsaken land over there. And we have policy that says you can’t come here. duct policy about what to do about to live with it. We ought to be re- Let me tell you what happened to Elian by reading polls. Where is the corded, and we ought to be on record. these kids. This little tugboat was de- leadership in this country when we We ought to stand up and be counted. I tected, and it was approached by the need it? This is not about polls. I don’t am sick of it. I have been quiet too Cuban coast guard. The government care what the polls are. I could care long. I am not going to be quiet any- boat did not attempt to stop the 13 de more. less what the polls are. If Lincoln had Marzo, the boat. It didn’t try to stop it. He is fearful of returning to that taken a poll on slavery, we would prob- Instead, it stalked it for 45 minutes country. I talked to him. He said: Sen- ably still have slavery because the ma- along the coast of Cuba, 7 miles out at ator SMITH, please help me. Don’t send jority of the people in America at that me back to Cuba. I said: Elian, do you sea—stalked it, intimidating it. time supported slavery. But he didn’t love your father? Do you want to go The U.S. Coast Guard protects life. take a poll or put his finger to the back with your father? He says: Yes. I The Cuban coast guard exterminates wind. He did what was right. want to be with my father. I don’t want life. Again, I plead with my colleagues in to go back to Cuba. It was then that the government ves- the Senate to grant Elian Gonzalez and Mr. Gonzalez, if you are listening to sel, beyond the sight of any witnesses his family permanent residency status me, why don’t you defect? It is a heck on land, rammed this defenseless boat. so this issue can be handled by a Flor- of a lot better here. This is 1994. This isn’t 1959. This is 1994, ida custody court. This should not be I am going to tell you that there is 6 years ago. Defenseless people were in an immigration matter. Elian Gonzalez one shining example of why it is not a little tugboat which was rammed by did not get on a yacht and cruise into about father and son. It is not about fa- the Cuban coast guard. Miami Harbor. He and two other people ther and son. I am sick of it. Listen to According to the testimony of sev- almost drowned while everybody else me—one shining example of the human eral of the survivors, two Cuban gov- on the boat—10 or 12 other people —lost rights violation of Fidel Castro. ernment firefighting boats appeared their lives. And his mother’s dying Where are all the human rights peo- and began to pummel the passengers wish was to ‘‘please get my son to ple who care about this? Where is the with high pressure firehoses. American soil.’’ Catholic Church that sheltered all of You can imagine how horrible that I have heard a lot about the father’s these Communists during the Nica- was. rights. I have nothing against him. He raguan and El Salvador issue? Where Although the passengers repeatedly could be the nicest guy in the world. I are they? Silent. attempted to surrender to the govern- have met Elian. I didn’t get a chance to Let me tell you about Fidel Castro ment officials—even women holding meet Elian’s mother because she didn’t and what little boys such as Elian look their children up on deck, saying,

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.151 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2605 please, my children; it is my child; tle excited; no big deal. This is not What about his mother? Why does don’t kill my child. They were begging about that. Elian’s father loves him. she not have rights, too? She had cus- for their lives, but they were relent- He should go back. tody. She was taking care of him. The less, this wonderful Castro who is so Here is what Castro says about Elian, dirty little secret which Mr. Gonzalez concerned about getting this little boy in case you want to know: will not talk about, because he can’t, back to his father in Cuba. ‘‘The team is ready,’’ Castro said, re- because of the long arm of Castro— The force from the firehoses you can ferring to when Elian comes back, ‘‘to where is he? He is in Bethesda, in a imagine. One survivor, Mayda proceed without losing 1 minute with Cuban diplomat’s house. He has a lot of Tacoronte Vega, told her sister that the rehabilitation and readaptation of free time to talk there. He can speak she witnessed children sprayed from Elian to his family.’’ freely there, can’t he? Reno has the the arms of their mothers into the Yes. Absolutely. You talk about psy- nerve to say: We talked out there, we ocean waters. Other children were chological trauma. You don’t know talked alone, and he didn’t say any- swept over the deck by the firehoses what psychological trauma is until you thing about defecting. into the sea and drowned. Desperate to deal with what this little boy has to Come on, give me a break. Attorney protect their own children, the women deal. Not one person in the Justice De- General Reno, you could have stopped carried the remaining children down partment has asked Elian one question it 4 months ago, and you can still stop into the boat’s hold. about what he wants. it today. Let it go to a custody court. Gerado Perez Vasconcelos, whose ex- I have been there. I have talked to Get out of it. It is not an immigration wife and son perished that day, told of him. matter. He didn’t immigrate here in how the firehoses were filling the hold The 32 survivors—maybe they were the way we define immigration. Let it with water. The boat sank, and she lucky. Maybe they weren’t. They were go to the custody court in Florida, and didn’t see anybody coming out of the taken to a prison where they have to let them decide, if they need to. Let hold. endure life separated from their sur- the family sit down alone without With most of its weaker passengers viving relatives. Fidel Castro, without any government already drowned inside the hold, or in Not only did the agents refuse to officials, and let them talk about it. If the sea, the tugboat filled with water, search for the dead, they mocked the they can’t work it as a husband and cracked in two, and was rammed again survivors and the relatives of the de- wife can’t work out custody of their just to be sure, and it sank. ceased and laughed at those who asked children, go to court, and let the court Over the course of a few minutes that the state security to reclaim the bod- make the determination based on all of day, Maria Victoria Garcia lost her ies, said Geraldo Perez in a tearful the facts. There is a dirty little secret about husband, her 10-year-old boy, her press conference. Mr. Gonzalez. Yes, there is. Did he brother, three uncles, and two cousins. The officials said the drowned were know Elian was coming? Sure, he For what? For trying to get out of nothing other than counterrevolu- knew. He knew they were leaving. He Cuba, this place that we are going to tionary dogs. Will we send this ‘‘counterrevolutionary dog’’ back to was called when the child was picked send Elian back to, maybe tomorrow. up and went to the hospital. The doc- Her poignant testimony revealed Castro? Is Elian a counter- tors wanted to know whether he had what happened to her and her son once revolutionary dog? Elian had a taste of freedom. What if he resists the lack of medical problems or history they need- they were in the water. ‘‘We struggled ed to know about, so they called him in to stay above water by clinging to a human rights in Cuba? Will we hear about it? I don’t think so. We will not Cuba while the family was there. He floating body.’’ said: Take care of my son; I will be I wonder what Fidel would have done hear about it, but Elian will hear about it. What do you think his father will be there soon. if Fidel had found Elian floating in the We are not hearing about that, are able to do about it? tube rather than these two fishermen. we? We will not hear about that be- I ask some of my critics on the 61 ‘‘We struggled to stay above the cause we don’t want to do anything to percent, pick up a book about Fidel water by clinging to a floating body,’’ make Fidel Castro angry at the United Castro’s Cuba and look up the word this woman said. ‘‘I held onto this body States. After all, Bill Clinton wants a ‘‘pioneers.’’ Let me tell you about the because I just didn’t have the strength legacy of breaking down the barriers Pioneers. Elian was a Pioneer before he to go on. But people fell on me, and my between Cuba and the United States. escaped. What do Pioneers do? They son slipped from my grasp,’’ just as That is what this is about. Let’s get Elian’s mother slipped from his grasp. have a little indoctrination school. real. God knows, he needs something to The young boy could fight the huge Here is one of the little drills they do save his legacy, so we will take it out waves created by the Government ves- for the children at the age of 3: Hold on Elian Gonzalez. After all, he is an sels, and his mother was forced to your hands out—put on a blindfold. expendable little kid. We don’t care watch helplessly as her baby drowned Hold your hands out, ask God for some about him. That is just one kid. Let only 5 feet away. candy, and wait. No candy comes. Close him go back to his father. Angel Ruiz, 3 years old, Fidel Castro, your hands, put them down. Put your If your son was lost at sea for 3 days that wonderful, little child-loving dic- hands back up again, ask Fidel Castro and everybody on the boat drowned and tator over there, took care of her. for some candy, and watch it pour into somebody found him, I don’t care who There is Yousel, he is 11. your hands. it was—it could be a convicted mur- Nineteen-year-old Janette Hernandez That is what Elian has to look for- derer who found him, who cares—if he Gutierrez also courageously attempted ward to. It is called brainwashing— found him and brought him home, to save the life of a child just before nothing complicated about it. wouldn’t you ‘‘thank him?’’ Wouldn’t the boat was fully submerged. ‘‘We The Union of Communist Pioneers is you say ‘‘thank you’’? Wouldn’t you went to look for the other child. Just a compulsory political organization for thank those who took care of him, if as I was about to get off the boat, I felt children and adolescents created by the you loved your son? the child * * * had caught my foot. And government for youngsters in kinder- Let me state what happened. There when I was about to grab him, my shoe garten to 12th grade. It functions as was no thank you. When he got off the slipped off and down he went. I couldn’t the first step toward joining the Union plane, he said: They were a bunch of reach him. That was horrible * * *.’’ of Communist Youth. Approximately 98 kidnappers. I want my kid back. They Hernandez went on to describe the percent of the children in elementary kidnapped my kid. scene of the massacre: ‘‘There was a school are enrolled. It is not presided Kidnapped my kid? I am not passing child who was inflated like a toad, in- over by a child or adolescent, as one judgment on this guy. He could be the flated with so much water.’’ would expect, but by a high-ranking greatest father in the world for all I The merciless attack left 23 children adult member of the Union of Com- know, but he will not get a chance to and 17 adults dead in the Florida munist Youth. be a father because the Cubans have al- Straits. Don’t give me this stuff about him ready said this boy is the property of You say: Oh, well. That was just a going back to his father. He is not Cuba, not Mr. Gonzalez. Mr. Gonzalez bunch of Castro’s goons who got a lit- going back to his father. will do what he is told.

VerDate 20-MAR-2000 04:28 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.153 pfrm12 PsN: S12PT1 S2606 CONGRESSIONAL RECORD — SENATE April 12, 2000 I want your kid. This little boy is a very special little reeducation camp is. If anybody thinks OK; when do you want him? Where do boy in more ways than one. The fact little Elian Gonzalez will not be put I take him? Where do I drop him off? that we allow him to go back to Cuba under a severe and thorough Com- As recently as April 2, Fidel Castro under the auspices of uniting a father munist indoctrination when he goes called the Miami relatives of Elian and a son is the most outrageous deci- back, then they are blind. He is going Gonzalez, Elian’s unpunished kidnap- sion this country will ever make. to suffer. He is going to pay—big time. pers. Do you think little Elian will go Frankly, I do not want that blood on For what? Surviving a near drowning, back and tell his classmates and his fa- my hands. I know that is tough talk, surviving a wreck on the open sea. ther and those people in Cuba that and I mean every word of it. I don’t That is why he is being punished, be- these people were kidnappers who took want it on my hands. I have seen too cause his mother did not live. care of him, who saved his life, the much of it. She has rights, too, but we don’t fishermen and the family who took I am not going to read all the names, know about them. But somebody could care of him? I don’t think so. What will but they will be printed in the RECORD. represent her in a custody court and happen? We can’t afford to have little The children in that incident, 4 years put her rights on the record. But not Elian running around saying bad old, 11 years old, 11 years old, 6 months Janet Reno. things about Cuba or good things about old fire-hosed out of the arms of her Let me give a little idea of what he is America. No. Elian will pay the price. mother, 2 years old, 3 years old, 10 going to do some summer when he gets We don’t have the guts to stand on years old, 4 years old, 3 years old, 11 back. He is going to be in a ‘‘voluntary″ the floor of the Senate as a Senate, all years old, 2 years old—that is the age labor or military drill camp. He will 100 Members, take a vote and say he of the children. learn there is no religion but com- should go back to Cuba or the case Let me close on a couple of points. munism. He was put in a church a few should go to court. Edmund Burke once said: days after he arrived. He had never Some say we might lose. Yes, we All that is required for evil to succeed is been in a church before in his life. He might. I think the vote count is prob- for good men [and women] to do nothing. didn’t know what the inside of a ably 45—maybe. So what? We could Today we can do something. We can church was. take a walk on a number of issues be- grant Elian Gonzalez and his family He will learn that Fidel is God. He fore this body such as whether or not permanent residency status, which will will learn the Communist Party is of we should go to war in the Persian send this case to the family court more value than his father or anybody Gulf. We could have taken a walk on where Mr. Gonzalez can make his case else in his family. He will be told his that and let the President go ahead and without any Castro influence. We Miami relatives who cared for him and do it, but we took a vote. It was a should have done it the day Elian got loved him, including his surrogate tough vote. We take a lot of tough back, but we did not. We decided to mother, Marielysis, are nothing more votes around here, and a lot of people make this a big political issue between than traitors and worms and kidnap- die as a result of votes, especially when the administration and Castro. So Cas- pers. That is the language they use. we vote to go to war. tro starts whining, and suddenly this Marielysis Gonzalez, 21 years old, has The headline in ‘‘Granma,’’ the Com- administration thinks the case has to been hospitalized off and on for the munist Party newspaper, after the inci- be in INS’s jurisdiction. We could not past 2 weeks because this little boy dent was: ‘‘Tugboat Stolen by Anti- kowtow to a Communist dictator. clings to her every day. He will not social Elements Loses Stability and What does Castro care about the inter- leave her alone. Every time somebody Sinks.’’ ests of this little boy? I told you what knocks on the door, every time some- On August 5, 1994, Fidel Castro de- he thinks of this little boy. body comes in the yard, every time the clared that the roots of the accident There are no parental rights in Cuba. phone rings, he wonders if somebody is were manifested in the conduct of the The children are taken away into these going to take him away. And he asks United States; it was the United training camps. They are taught all her: Marielysis, are they going to take States’ fault that these kids drowned. kinds of drills. They are taught how to me today? Dr. Marta Milina, a Cuban psychia- take an AK–47 apart, blindfolded, at How would you like to live like that? trist who escaped Cuba in August of the age of 6. That is what Janet Reno has put this 1999, stated: If Elian Gonzalez is re- Luis Fernandez, a Cuban diplomat, boy through for 4 months, and I am turned to Cuba, he would have severe said as recently as yesterday: sick of it. I am not going to defend it. psychological trauma. The boy [Elian] is a possession of the She has put him through it. It is her Is that in the best interest of Elian? Cuban government. responsibility and the President’s. Is it about Elian? Or is it about his fa- Cuban children, my colleagues, do These people have been vilified, these ther? The answer is, a custody court not belong to their parents, they be- good people, these decent people in the would know that because a custody long to Fidel Castro. Cuban-American community in court, if the family could not agree, Article 39 of the Cuban constitu- Miami—good, decent people who have would listen to the facts. They would tion—it would be nice if some of the 61 shown a lot of self-restraint, frankly, make that determination. But they percent of the people who say this had under the circumstances, but espe- have never spoken, and the Justice De- the facts. It would be nice if the poll- cially Lazaro and Marielysis and other partment has never spoken to Elian. ster gave them the facts before they members of that family who have This is one smart little boy. Meet answered the question. Article 39 of the taken such good care of this boy. All him. And I am sorry the Attorney Gen- Cuban constitution, adopted in 1976 and they care about is the best interests of eral does not believe it is important revised in 1992, declares: the boy. enough to meet him, but I will never . . . the education of children and young It is funny, I did not hear some of forget him. He carried around a little people in the spirit of communism is the those people saying anything about the statue of the Virgin Mary in the home duty of all society. rule of law—these same people today where we were. I said: Who is that? He Law No. 16 of the ‘‘Children and who are saying, the rule of law says he said: Virgin Mary. He said: I saw her Youth Code,’’ adopted in 1978, says the must go back with his father. It is while I was on the raft. state’s goal is the creation of ‘‘Com- funny, though, those same people when Another story that is not recorded, munism’s new generation’’ and re- their President, the Chief Executive of and the fishermen will tell you, when quires all adults to help mold a child’s our country, was impeached for repeat- they found him, he was floating in that ‘‘Communist personality.’’ If the par- edly breaking our law, not one of them little tube, asleep. You can substan- ents do not bring up the children to be had the courage to step out and say: He tiate this by talking to the family if good Communists, then the neighbor- broke the law; he lied to me. you don’t believe me. He was in the hood spy will report them to the au- It just depends on whose law it is, ocean for 3 days in the bright sunshine, thorities and they will be taken away doesn’t it, and whose law you break. didn’t have a sunburn, and he was sur- and ‘‘reeducated.’’ That is what matters. rounded by dolphins, and dolphins will Talk to some of the Vietnamese who I believe in the rule of law, but can ward off sharks. escaped Vietnam and ask them what a you understand why they do not want

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.157 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2607 to send Elian back to a totalitarian Will evil succeed, as Mr. Burke said? ARCO, state? I have talked to the family That could be Elian. That could have Los Angeles, CA, April 5, 2000. about this. They love Juan Gonzalez. been Elian and might still be Elian. My Hon. DIANNE FEINSTEIN, He is a family member. There is no dif- conscience is clear. Hart Senate Office Building, Washington, DC. ficulty between these family members. f DEAR SENATOR FEINSTEIN: Thank you for The reason Mr. Gonzalez did not come GAS TAXES your phone call on Friday, March 31, regard- here is that he could not come here. ing gasoline prices in California. During that The reason Mr. Gonzalez can’t defect is Mr. HATCH. Mr. President, yester- conversation, you inquired regarding the sta- that he is afraid to defect because he day, the Senate voted on a cloture mo- tus of ARCO’s gasoline inventory. I have out- knows what is going to happen to some tion to end debate on Senator LOTT’s lined below some statistics that were not of his family who are still back in proposal to roll back the gasoline ex- available to me when we talked. Cuba. We are playing the game. We are cise tax. Senator LOTT’s bill is a sin- Currently, ARCO’s inventory of CARB gas- just giving them all the cover. cere effort to address the hardships oline is at our operating target. Total indus- ‘‘I spoke to Mr. Gonzalez, and he many Americans have been facing try gasoline inventories on the West Coast given the rising price of gasoline at the appear to be recovering. The last weekly didn’t indicate to me he wanted to de- West Coast gasoline inventory report showed fect.’’ pump. an increase of 1.5 million barrels over the Do you remember learning about the I commend the majority leader for previous week, which was the low point of Fugitive Slave Law of the 1840s and this legislation. But, I do want to clar- the year. 1850s? It made northerners return es- ify my vote on the cloture motion. With respect to the issue of gasoline prices, caped slaves back to their masters. I voted for cloture because I believe no one can predict the future. However, Would anyone begrudge abolitionists the majority leader, of all people, de- crude oil prices have been coming down over who opposed that law? served an up-or-down vote on the pro- the last few weeks as a result of the recent Picture this: A little black child in posal. I also believed that, if we were OPEC meeting. Spot prices also appear to 1840, Anywhere, U.S.A., in the South, going to vote to cut or maintain the have peaked. Barring some unforeseen cir- picked up by his mother. His father current gasoline tax, we ought not to cumstances, we can assume that retail gaso- line prices will follow suit. says, ‘‘No, get away, I’ll cover for you.’’ confuse the American people about I hope you find this information helpful. She takes the Underground Railroad where we stood by deciding this issue Sincerely, and makes it to the North and is on a procedural vote. MIKE BOWLIN, caught. She dies. Same logic—send him Unfortunately, because cloture was Chairman and back to the father. Send him back to not invoked, and there may not be a Chief Executive Officer. slavery. vote up-or-down on the proposal itself, Mr. GORTON. Mr. President, Amer- This kid is going back to slavery. He it seems that Utahns are indeed con- ican consumers are feeling the impact is not going back to his father; he is fused about where I stand on this issue. of high oil prices. Obviously, the in- going back to slavery. So all of you out As it frequently happens, the vote on crease is noticeable at the gas pump, there, all 61 percent, including many of the procedural motion becomes a proxy but it also is being felt in less visible my colleagues, when you watch him for how a senator would have voted on ways through increases in the cost of paraded around the streets of Havana the bill. However, that assumption goods and services as airline prices and as they teach him to become a pretty does not hold true for me in the case of shipping costs escalate. I have stated, good little Communist, think about it. this gas tax proposal. I would have re- in no uncertain terms, that I consider Think about how you might have stood luctantly voted against it. responsibility for the current situation While I respect Senator LOTT for his up and prevented it. largely to lie at the feet of the Clinton- effort at providing relief for truckers, In 1939, the U.S.S. St. Louis arrived Gore Administration. Thanks to nearly from Germany with 937 refugees farmers, landscapers, salesmen, and ev- eight years of their short-sighted poli- aboard. Do you know who they were? eryone else who depends on his or her cies, we are increasingly dependent on Jews fleeing from Hitler. The ship was vehicle, I have an equal concern for the foreign oil. To make matters worse, denied entry because the law did not quality of the highways they drive on. not only does the Clinton-Gore Admin- allow it. The refugees went back to Eu- It is unclear to me that the loss of istration not have any clear plan to re- rope and Hitler and to their deaths. revenue that would have resulted from duce our dependence on foreign oil, Was it right to uphold the law in that passing this legislation could have been they actually appear to be moving in case? immediately made up from other pro- The fact is, no law governs this case. grams, thus necessary highway con- the opposite direction, seeming at Janet Reno is not telling you the struction and repair projects in Utah every turn making it more difficult to truth. She has total discretion. There and around the nation could have been develop domestic energy sources, is no law that is dictating to her that delayed. whether it be gasoline, petroleum prod- she has to send this boy back. No law. Moreover, I believe that there are ucts, coal, oil, or hydropower. Show it to me. Somebody come to the other measures we can find should take As it is largely through the bungling floor and read to me the law that says to address the issue of high gas prices. efforts of the current Administration the Attorney General must return this In the long-term, we should encourage that we are in this situation, I believe boy. There is no such law. There is development of alternative fuels vehi- it is appropriate that the U.S. Senate nothing in the law that says it. There cles. Toward this end, Senator JEF- counterbalance their efforts with some is no age restriction. There is nothing. FORDS and I will be introducing legisla- modest relief. A suspension of the 4.3- What it says is that she has discretion. tion later this month that will provide cent federal fuel excise tax, imposed in So her discretion is to send him back, strong tax incentives for the develop- the early days of the Clinton Gore ad- but do not tell me it is the law because ment and purchase of such vehicles, ministration, should provide the short it is not. along with the alternative fuel they term relief consumers deserve. She made the wrong decision. With use. As Congress addresses these issues, this simple bill, on which I have been I also believe that there are other tax however, we must seek a solution that trying to get a vote for a month, Sen- relief initiatives that will have greater not only attacks this problem from the ators can be on record as saying it is positive impact for American families, perspective of energy supply, but also wrong to make this an immigration and I will continue to press hard for energy use. A key aspect of any debate case. He has rights. He is only a 6-year- these proposals. on this subject must focus on motor ve- old boy, but he has rights. His mother Mrs. FEINSTEIN. Mr. President, yes- hicle fuel consumption. The United had rights. Let’s let the family sit terday, I spoke on S. 2285. I now ask States currently uses about 17 million down and talk about it without the unanimous consent that an ARCO let- barrels of oil per day to run cars and Justice Department. Let them meet ter concerning gas prices be printed in trucks. Thanks to the existence of Cor- alone. If they cannot work it out, they the RECORD. porate Average Fuel Economy, or can go to the Florida custody court There being no objection, the letter CAFE, standards, three million barrels and decide what is in the best interest was ordered to be printed in the of oil are conserved each day. Despite of Elian. That is the way it should be. RECORD, as follows: the clear success of CAFE standards,

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.159 pfrm12 PsN: S12PT1 S2608 CONGRESSIONAL RECORD — SENATE April 12, 2000 however, Congress has prevented the demonstrated they are more than up to been deprived in the womb. She had to National Highway Traffic Safety Ad- the challenge of producing more fuel be taught how to breathe and swallow. ministration (NHTSA) from even con- efficient light trucks and SUVs. In She has had several surgeries on her sidering whether we can do better, par- fact, Ford Motor Company just an- leg which was damaged as a result of ticularly in relation to the fuel effi- nounced plans to start selling within prenatal drug exposure. ciency standards of lights trucks, three years a hybrid gas-and-electric- I tell this story today because I can- which haven’t been significantly in- powered SUV that gets about 40 miles not think of a better way to show my creased in ten years. per gallon. colleagues why the current tax credit Many constituents and colleagues are Therefore, I fail to understand why needs to be changed. Serina was born often surprised to learn of my advocacy the Clinton-Gore Administration can’t to a mother who was a ward of the for CAFE standards. My motivation is make simply studying a possible in- State. So upon her birth, she was im- simple, and is based on the success of crease in CAFE standards a top pri- mediately placed in foster care, as I ex- the original CAFE statute. I feel that ority in this debate. I challenge the plained. As such, when the Anglins, NHTSA should at least be allowed to White House to embrace this common who were her foster care parents, went study whether an additional increasing sense approach, which is certainly pref- through the formal adoption process, CAFE standards is an appropriate ac- erable to the groveling diplomacy it the process of adoption cost them al- tion. As you may know, light truck engaged in just weeks ago. most nothing. standards have not had a significant f Therefore, under our current defini- increase in the last ten years. Light tion of qualified adoption expenses, trucks are regulated separately from ADOPTION OPPORTUNITIES ACT they were not eligible to receive one cars and are only required to get 20.7 Ms. LANDRIEU. Mr. President, I rise single dime of the $5,000 tax credit that mpg on fleet average as opposed to 27.5 today to speak about the Adoption Op- is supposedly available under current for cars. In 1983, the average fuel econ- portunities Act which would amend the law. Had Serina, this beautiful little omy of light trucks was already 20.7 current adoption tax credit so it does girl, been a healthy infant voluntarily mpg. Since 1983 it has dropped .3 mpg what it was originally intended to do, given up and adopted privately or to 20.4. This is hardly a technological and that is to help all kinds of families through one of our many able agencies, breakthrough. in their efforts to adopt all kinds of the Anglins would have been eligible to I am not swayed by doomsday pre- wonderful children. claim the $5,000 tax credit. I am sure dictions from automakers who claim I would like to begin my remarks my colleagues will agree this was not they will be forced to manufacture this morning by introducing you and our intention when we passed the adop- fleets of subcompact cars. These are my colleagues to someone very special. tion tax credit. the same arguments that were used This beautiful little girl’s name is In the case of children in foster care during the original debate in 1974. One Serina Anglin. Serina was born, as you with special needs, what gives many only needs to examine the possible op- can see here, prematurely and severely parents pause is that everyday care of tions available to consumers today to addicted to drugs. Her mother was a 15- these children can be both physically disprove this theory. When consumers year-old girl who herself had been and financially draining. I cannot tell can purchase SUVs as large as the abandoned in a crack house by her you how many foster parents tell me Chevy Suburban or Ford Excursion, it drug-addicted mother. the only thing standing in the way of is hard to argue that consumer choice At birth, doctors were all but certain their formally adopting foster care has been compromised. I have complete Serena would not survive. When she children is the worry that their per- faith in American automobile manu- was just a few months old, a neurolo- sonal resources will be inadequate to facturers that they can continue to gist described her in the following way: properly care for them. Through a produce fuel efficient vehicles that are In summary, Serina is a severely manifold properly drafted and funded adoption the envy of the world. handicapped child whose significant defects tax credit, we can be the partners with Therefore, it was with great interest are in social, adaptive, affective, and cog- these prospective parents whose hearts that I listened to Energy Secretary Bill nitive development. Serina has cerebral palsy as well as other are ready to take on this responsi- Richardson testify before the Interior multiple problems including crack cocaine bility. Subcommittee this morning on the prenatal addiction, history of herpes and en- It is a small step in the right direc- Clinton Administration’s multi-faceted cephalitis, and seizure disorders including tion but a very important step. A tax plan to address high gasoline prices. epilepsy. . . . Her ability to walk is very un- credit for special needs children logi- This testimony focused on a lengthy certain. I think she will fall into the mod- cally should assist parents, such as the discussion of the results of last erate to severe range of retardation. Anglins, with the everyday long-term month’s diplomatic efforts. When However, through the grace of God, costs of raising a child with special pressed on the Administration’s plan to Serina came into the home of a won- needs and should not be limited to the decrease this country’s dependence on derful couple, Hal and Patty Anglin, of expenses of the ‘‘act of adoption’’ foreign oil sources, Secretary Richard- Wisconsin, who are now her adoptive itself. The current definition is limited son went on to tout his proposals to parents. I want to show you a current to ‘‘qualified adoption expenses.’’ That improve alternative fuel options and picture of Serina. Through their love is too narrow to reach children such as fuel efficiency. He suggested tax incen- and determination, Serina has not only Serina who need our help the most. tives and credits for U.S. oil producers, survived but her progress has simply The Adoption Opportunities Act, fuel efficient vehicle production, and amazed medical experts. which we introduce today, proposes to alternative fuel development. Unfortu- Today, Serina is a remarkable child. fix this dilemma. It allows a straight- nately, there was no mention of CAFE She still has some small seizures, but forward $10,000 tax credit for families standards. her larger seizures are all but gone. who adopt a child with special needs. In response to this omission, I had to She not only can walk, she recently The new tax credit for special needs ask why this Administration has failed learned to ride a bike. Each day she is children will not require the parents to to actively support new fuel efficiency becoming more and more active. She is submit verification of their expenses, standards. When I pressed Secretary true and living proof that the love of a nor will the amount be dependent upon Richardson to commit to making family, growing up in a nurturing envi- the cost of adoption itself. CAFE standards a centerpiece of the ronment, can make what was deemed I know many of us have argued for Clinton-Gore Administration’s effort to impossible possible. years about simplifying the Tax Code. I address the current fuel shortage and This is not to say this miracle came am hard pressed to imagine a way that long-term foreign oil dependency of easily. In the beginning, Serina’s care would be more simple than the one this country, he ducked the question required that she go to the doctor over Senator CRAIG and I are proposing, for and told me he wished the EPA Admin- 16 times a month. For the first year of all a parent has to do is simply attach istrator was available to answer. her life, her adoptive mother, Patty, a certificate of adoption for any special I am perplexed by this response. Ob- carried her in a tummy sack to simu- needs child to their tax return and viously, U.S. auto manufacturers have late the safety and warmth she had they will get, under this bill, a $10,000

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.066 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2609 credit that can be carried forward for 5 ble for adoption. Clearly, there is a PROJECT EXILE: THE SAFE years. It is that simple. need to promote adoption in this coun- STREETS AND NEIGHBORHOODS Another problem lies in the fact that try that works for the benefit of birth ACT OF 2000 the current tax credit for nonspecial parents, adoptive parents, and the chil- Mr. SANTORUM. Mr. President, needs children is due to sunset in De- dren. today, I rise in support of S. 2390, cember of 2001. Hoping to ensure the Finally, for parents to raise a child ‘‘Project Exile: The Safe Streets and credit was well designed and necessary, in their home, the estimates for a mid- Neighborhoods Act of 2000’’, which es- the drafters of the original bill agreed dle-class family are about $140,000. tablishes a grant program to provide to reevaluate it after 5 years. We have That is not including college tuition or incentives for states to enact manda- done that and have included that in vocational education. That is just an tory minimum sentences for certain our bill. It permanently extends the estimate. The least we can do is help in firearms offenses. I commend Senator $5,000 tax credit for adoption and al- a small way with a $5,000 or $10,000 tax DEWINE for his leadership and appre- most doubles the adoption tax credit credit to encourage families to be their ciate the opportunity to join with him for special needs. partner in this adoption effort. and other colleagues working together Because of this assistance, many I believe not only does it simplify the on this important legislation. The time families, who might not otherwise have Tax Code, but there is a great need, has come to restore our commitment been financially able to do so, have and the need has been demonstrated. to aggressively prosecuting gun crimes been able to build a family through The results have been terrific. We have around this country. In states and cit- adoption. Last week, in fact, I had the had testimony after testimony about ies around the country where aggres- great honor of attending a ceremony how important the current system has sive prosecution of gun crimes is cou- when 17 children from 14 different been, so anything we can do to improve pled with tough prison sentences, vio- countries became citizens of the United it I am sure will be welcomed by so lent crime has gone down. Tough law States. All of these children were many. It is a step in the right direc- enforcement saves lives. brought here to be adopted into loving tion. This legislation provides $100 million and wonderful homes of Americans I close by saying, as we debate which of additional resources over five years from all parts of our country. tax credits to pursue, which are wor- as incentives for efforts like Project At that gathering, one of the moth- thy, this adoption tax credit should be Exile. To qualify for the grant pro- ers who had adopted two children came on the top of every list. We need to gram, states must have a mandatory up to me and said: Senator, please let continue to be bold enough to take minimum of 5 years without parole for them know in Congress how much we these steps because every time we do, convictions of violent crimes and seri- appreciate the adoption tax credit. It children such as Serina, for whom peo- ous drug trafficking offenses where a made all the difference to me and my ple have given up hope, have found firearm is used during or in relation to husband as we decided to adopt our sec- families on which to rely and with the crime. In the alternative, the state ond child. whom to grow. can have a federal prosecution agree- So we know that tax credit works. The PRESIDING OFFICER (Mr. ment which would refer those arrested We know it has a positive impact, and BURNS). The Senator from Texas. for federal prosecution of the alleged part of our bill today extends that per- Mr. GRAMM. I commend our col- gun crime in a collaborative effort be- manently so families can count on it. league from Louisiana. Today we have tween law enforcement. With the cost of adoption still on the 130 million people who work outside Project Exile started in Richmond, rise, this tax credit is an important the home and earn income. We have Virginia as an attempt to reduce vio- factor, as I have mentioned. It has been some 260 million Americans. About 30 lent crime by aggressive enforcement estimated that adoptions can range million of them get some form of pub- of gun laws and improved law enforce- anywhere from $10,000 to $20,000, wheth- lic assistance. You might ask yourself: ment coordination. Since the program er done privately or through an agency Who takes care of the other 100 million began in 1997, violent crimes involving domestically or internationally. Americans? They are taken care of by handguns have decreased 65 percent Another figure to keep in mind is one families. And the driving force is love. and overall crime has been reduced by that was released recently by a na- So not only is the distinguished Sen- 35 percent. 385 guns were taken off of tional adoptive parent organization. ator from Louisiana talking about sav- the street. In 1999, Project Exile was They estimate that using specialized ing money, but what adoptive parents adopted statewide in Virginia. It has foster or adoptive parents instead of will add to the equation is love and given prosecutors the ability to choose what we do now, which is congregate care. The whole world benefits from it. within which courts they will try of- care facilities for drug-exposed chil- So I commend her. fenders and created tougher penalties dren, could save—and I believe the Sen- The PRESIDING OFFICER. The Sen- for people committing crimes with ator from Texas, Mr. GRAMM, will be ator from Idaho. guns. interested in this as he continues to Mr. CRAIG. I, too, thank the Senator I have also worked to help expand fight for ways the Federal Government from Louisiana for her leadership on this approach to Philadelphia in 1999, can save our money—they estimate we this issue. We are fortunate enough to where ‘‘Operation Cease Fire’’ also can save as much as $550 million a year work together on this marvelous issue adopts a zero tolerance policy for fed- by relying on adoptive parents instead of adoption, chairing the adoption coa- eral gun crimes. Project Exile has al- of keeping many of these children in lition here on the Senate side. ready proven that present laws can the ‘‘system,’’ for which the taxpayers Both Senator LANDRIEU and I this work if enforced properly. Federal, pay. Anything we can do to encourage week have helped host two delightful state, and local law enforcement and adoption will not only be the right young ladies who are on the hill, Miss prosecutors work side by side to expe- thing, the moral thing, the wonderful USA and Miss Teen USA, both adopted, dite prosecution of every federal fire- thing, and the family values thing to both coming from adoptive families. arms violation. In 1999, over 200 federal do, but it is smart for the taxpayers of They were in my office this morning gun-related indictments were issued in the United States. speaking about the wonderful families Philadelphia and the surrounding coun- In addition, in case people are inter- they were allowed to be a part of who ties. This is a 70 percent increase in in- ested, there are more than 100,000 chil- have granted them all of this charm dictments in only one year. dren in this country today waiting to and talent that can only come from a The bill authorizes $10 million in Fis- be adopted—children who have had ter- loving environment, that has allowed cal Year (FY) 2001, $15 million in FY02, mination with their biological parents. them to become national leaders, as $20 million in FY03, $25 million in They are waiting for someone to claim they now are, as Miss USA and Miss FY04, and $30 million in FY05. States them as their own and to be adopted. Teen USA. must provide at least a 10 percent There are 550,000 children in foster I say thank you to the Senator for match and must also at least maintain care. About 450,000 of those are in the her leadership on this issue. It is criti- current funding levels to qualify. process of either being returned to cally important to America and Amer- Funds can be used for public awareness their families or they, too, can be eligi- ica’s families. campaigns, law enforcement agencies,

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.048 pfrm12 PsN: S12PT1 S2610 CONGRESSIONAL RECORD — SENATE April 12, 2000 prosecutors, courts, probation and cor- with most of the other villagers, and five women have come forward, waiting their rectional officers, case management, rebels took turns raping her, she said. When turn patiently while Williams and Luz record coordination of criminal history her husband tried to intervene, they killed the accounts of other victims. him. ‘‘Child and women abductees and victims records, and the juvenile justice sys- ‘‘I thought at first I was dealing with of gender violence are far too numerous, and tem. Representative BILL MCCOLLUM human beings, so I said I was sad and con- we do not yet even have a clear picture as to introduced similar legislation in the fused because I had just delivered a dead how many there really are,’’ said U.S. Am- House of Representatives as H.R. 4051. baby, I was bloody and weak,’’ she said be- bassador Joseph H. Melrose Jr., who is trying This legislation passed the House yes- tween sobs. ‘‘But they were not human to arrange for U.S. funds to help the victims. terday by a 358–60 vote margin. beings. After they left I gave up, and I want- ‘‘What is clear is that these victims and Mr. President, I urge my colleagues ed to die. I had no reason to live anymore.’’ their injuries, both physical and psycho- logical, must not be ignored. If these injuries to support this important initiative to Human rights workers says the woman, who was rescued by a patrol of government do not heal, they will have implications for collaborate with local efforts to pros- troops, is one of thousands who were raped future generations of Sierra Leoneans and ecute and prevent the criminal use of by insurgent forces and other armed gangs the success of the peace process.’’ guns in our schools and neighborhoods. during the nation’s eight-year civil war. Williams said the rate of sexually trans- f While statistics are not yet available, rights mitted diseases such as syphilis and gonor- workers said the rebels’ rape campaign was rhea among the women is extremely high, a RAPE AND SEXUAL TORTURE IN as widespread and systematic as similar as- reflection of the 92 percent infection rate SIERRA LEONE saults in the 1992–1995 Bosnian war but has found among demobilized rebels. Neither the received far less attention. combatants nor the women are tested for Mrs. FEINSTEIN. Mr. President, in AIDS or HIV infection because the cost is all too many places and in all too Unlike at least some of the perpetrators in Bosnia, those responsible here likely will too great and there are no resources to treat many conflicts in recent years we have never be tried because of a blanket amnesty anyone who tests positive. witnessed the use of rape and sexual that was part of the accord that ended the The first woman to arrive at the palm- torture as instruments of war. I am sad conflict last July. Even more worrisome, thatched interview room one day last week to say, some incidence of rape has al- U.N. officials and government officials say, was a 60-year-old who came to tell how she ways accompanied war and turmoil in is that the rebels may still hold thousands of was grabbed in her village by a group of raid- women in remote strongholds despite the ers because she was unable to outrun them. human history, but the record of the When they could not find any other women, past few years, with the use of orga- fact that the peace accord required them to free all captive civilians. she said, they raped her. nized, systematic campaigns of rape to ‘‘The [rebels] perpetrated systematic, orga- ‘‘I begged them not to,’’ she said. I told terrorize civilian populations, suggests nized and widespread sexual violence against them I was old. I could be their grand- a new chapter in the barbarity of girls and women,’’ the New York-based group mother,’’ but they did not listen; they just human history has been opened. Human Rights Watch said in a recent report. laughed at me. Afterward they let me go be- It was disturbing to learn there are ‘‘The rebels planned and launched operations cause I was old and useless. Now I have pain in which they rounded up girls and women, when I urinate. I have sores; I can’t sleep.’’ serious and credible allegations that A 35-year-old woman said she had been ab- brought them to rebel command centers and rebel forces used systematic rape as an ducted and raped by four rebels in 1997. When then subjected them to individual and gang instrument of terror in the eight-year they had finished, she said, they took her to rape. Young girls under 17, and particularly their commander, who decided to keep her. civil war in Sierra Leone. those deemed to be virgins were specifically She finally escaped three years later, during While statistics are not yet available, targeted. While some were released or man- a firefight between the rebel unit and gov- there is clear and credible evidence aged to escape, hundreds continue to be held that thousands of girls and women, ernment troops. in sexual slavery after being ‘married’ to ‘‘I can’t have a man again,’’ she told the ranging from ages 5 to 75, were ab- rebel combatants.’’ interviewer. ‘‘I have lost my life.’’ Rose Luz, a physician with the Inter- ducted during the civil war and gang f raped. Many were used as sex slaves national Rescue Committee, said that what and forced labor. And it is possible is most shocking about the hundreds of rape CASH BALANCE PENSION PLANS cases she is documenting is the ages of the many are still being held captive, sub- victims. Most were under 14 or over 45— Mr. KENNEDY. Mr. President, I join ject to the depravations of their inhu- many of whom were too slow or too infirm to Senators JEFFORDS, HARKIN and ROCKE- man captors. flee. Luz said the youngest victim docu- FELLER in calling on the Senate to This horrific story was detailed in an mented so far was 5; the oldest was 75. strengthen our Nation’s pension laws. article in yesterday’s Washington Post. ‘‘It is the ones who could not get away,’’ This amendment reaffirms the value of I ask unanimous consent to have the Luz said. ‘‘They raped whomever they stum- defined benefit pension plans for work- article, entitled ‘‘A War Against bled across.’’ With the consent of the women involved, ers, and our commitment to protecting Women’’ from the April 11, 2000, Wash- Rescue Committee officials arranged for a workers from age discrimination in the ington Post printed in the CONGRES- reporter to be present during some inter- provision of pension benefits. SIONAL RECORD following my remarks. views. It was agreed that no names would be Too many American workers have The civilized world must send a used or photographs taken. The interviews discovered that the pension promises strong, unambiguous message that were conducted at this camp—about 160 made to them by their employers are rape and sexual torture are not accept- miles southeast of the capital, Freetown— virtually worthless. It is disturbing in able under any circumstances and will which shelters 22,500 people who were driven this period of unprecedented economic not be tolerated. The United States from their homes in eastern Sierra Leone by insurgent forces. prosperity and rising profits that must be at the forefront of efforts to If the rebels considered a woman attractive major corporations are shortchanging help the Government of Sierra Leone or physically fit enough to work, she would their older and longer serving workers. bring to justice those responsible for likely be taken along with them—not just to These companies have changed the the systematic rape and sexual torture be a sex slave, but a domestic servant as rules unfairly, by converting tradi- that took place during the civil war. well, Luz and other aid workers said. Often, tional defined benefit pension plans to [From the Washington Post, Apr. 11, 2000] they said, a captive woman would try to at- so-called ‘‘cash balance’’ plans. tach herself to one leader to avoid repeated A WAR AGAINST WOMEN—SIERRA LEONE Companies have made these conver- gang rape. In a culture in which rape victims REBELS PRACTICED SYSTEMATIC SEXUAL sions quietly, without informing work- are often ostracized, such wholesale assaults TERROR were effective not only in spreading terror, ers of the impact of the changes on (By Douglas Farah) but in breaking apart communities, social their retirement security. When work- BLAMA CAMP, SIERRA LEONE—The women workers said. ers ask for an explanation, all too often slip one at a time into a bamboo hut in this The first victims began telling their sto- they are given devious responses. Some displaced persons camp, and most begin to ries to the Rescue Committee when the aid employers have done the right thing cry quietly as they tell of being gang-raped group started reproductive health classes and allowed older and longer service and held as sex slaves by rebels who had here several months ago, said counselor workers to remain covered under the sought to overthrow the government of Si- Dolly Williams. Last month, in an effort to erra Leone. refer the women for urgently needed medical original plan, but other employers have One 25-year-old woman said she had deliv- attention and help them cope with their not. ered a still-born baby the day before rebels of shame and humiliation, the Rescue Com- In addition, many cash balance plans the Revolutionary United Front attacked mittee began documenting their stories. As deny benefits to older workers for a pe- her village in 1998. She was unable to flee word of the program spread, hundreds of riod of time after the conversion, using

VerDate 20-MAR-2000 04:35 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.084 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2611 a discriminatory practice known as of Justice for prosecution. I have care- in any legal proceeding, but it now ap- ‘‘wear away.’’ This practice prevents fully studied the Project Exile program pears almost certain the defendants older and longer service workers from in Richmond, Virginia and am con- will not know the charges they face earning new benefits under the cash- vinced that it saves lives. Before until the trial begins. As a former At- balance plan until that benefit exceeds Project Exile was implemented, Rich- torney General of Missouri, I fully ap- the original promised benefit. We must mond was one of the nation’s murder preciate what a daunting, if not impos- end the practice of wear away imme- capitals, and Project Exile resulted in sible, task it would be to build a cred- diately. a 40 percent reduction in the number of ible defense without knowing the Our amendment calls on Congress to murders committed with firearms. charges. enact legislation this year requiring, at That is why for the past several Additionally, although it appears the a minimum, that employers provide months, I have been working to imple- Iranian government might have re- workers with adequate notice of a ment Arkansas Exile. By supporting S. cently reversed its previous position change in their pension plan that re- 2390, I hope to obtain the additional and agreed to allow the thirteen to duces future benefits. It also prohibits funding necessary to allow Arkansas choose their own legal counsel, the the discriminatory practice of wear and other states to implement a pro- judge in the case has refused access to away. Our amendment makes clear gram proven to reduce gun violence. the defendants by their chosen attor- that Congress will take whatever ac- Finally, I support S. 2390 because it is neys. Beyond the seriously limiting re- tion is necessary to assure older work- the right approach. The President and sults of this decision, the chosen attor- ers that they will not be short-changed many of my Senate colleagues con- neys cannot officially become the de- when it comes to their retirement se- demn firearms, which are inanimate fendant’s counsel until the necessary curity. It is long past time for Congress objects, and the gun industry while ig- legal documents are signed, which will to act and protect our older and longer noring and working to overturn the not occur until the attorneys and de- service workers. We value older work- well-established legal principle and a fendants meet. The courts have created ers in America—we don’t ‘‘wear them third-party’s criminal act is an unfore- one of the worst ‘‘Catch-22s’’ I have away.’’ seeable event for which a merchant seen. f may not be held liable. I am saddened It also troubles me that the trial will and alarmed that the President and be conducted in secrecy. After repeated GUN VIOLENCE cities throughout the nation are using requests by international observers and Mr. HUTCHINSON. Mr. President, I the vast resources for their govern- the press, the decision to keep the trial rise today in support of S. 2390 which ments to force the gun industry to secret has been affirmed by the courts. Senator DEWINE introduced yesterday. take responsibility for the acts of For these obvious reasons, I believe it I am proud to be an original cosponsor criminals, and I am determined to do likely that the thirteen will not re- of this legislation. I know that, unlike all I can do that the criminals, not the ceive a fair and impartial trial. additional infringements on the con- gun industry and law-abiding Ameri- The members of the Jewish Iranian stitutional rights of law-abiding Amer- cans, are held responsible for gun vio- community, who out of respect and icans, this bill will effectively reduce lence. fear of the Islamic majority rarely gun violence and save lives. f speak out in public, have even made an Like many of my colleagues, I am ex- uncharacteristic plea to the Iranian tremely concerned about gun violence. WRONGFUL IMPRISONMENT OF 13 government. I join with this commu- In my home state of Arkansas, there IRANIAN JEWS nity in asking for all defendants in are several cities which have long been Mr. ASHCROFT. Mr. President, I rise Iran, regardless of religion or standing, plagued by extraordinarily high levels today to speak on behalf of the thir- to have access to legal counsel of their of violence and murder, largely fueled teen Iranian Jews wrongfully impris- own choosing, and to be afforded the by illegal guns, gangs, and drug traf- oned and facing trial in Iran. I join requirements of Iranian law for fair ficking. According to the 1998 Uniform with concerned people of all faiths and open trials. In addition, I urge the Crime Reports, Little Rock, with a around the nation, and the world, in Iranian government to grant permis- population of 176,377, North Little calling for the observation of funda- sion for the ten jailed Iranian Jewish Rock with a population of 60,619, and mental human rights and the ultimate defendants to go home on furlough for Pine Bluff, with a population of 54,062, goal of freedom for these innocent peo- Passover, which begins on the evening had 25, 8, and 17 murders respectively. ple. of April 19th, if the proceedings have The rate of murder per 100,000 inhab- Iran has recently taken some posi- not yet been completed. itants in North Little Rock-Little tive steps away from political and reli- Mr. President, I rise today in support Rock was 10.3 and it was 33.8 in Pine gious repression toward the acceptance of the basic principles of human rights Bluff and significantly exceeded the of freedom, justice, and democracy. Re- and religious freedom. The Iranian gov- national rate of 6.3 murders per 100,000 forms, however, have been marred by a ernment must do the right thing and inhabitants. Nonetheless, I have re- disheartening lack of concern for the provide these defendants their funda- ceived literally thousands of letters human rights of religious minorities in mental rights, and the International from Arkansas asking me not to sup- Iran. Throughout my life, I have been Community must use all available port additional gun control measures, committed to furthering fundamental pressure and diplomatic avenues to in- but rather to simply enforce the laws human rights, especially religious free- fluence them to do so. And the United already in effect. dom, for both Americans and people States Government should dem- My constituents are right. We do not throughout the world. Therefore, I was onstrate real leadership by diligently need more gun laws. We just need to deeply concerned by the February 1999 working to see the ultimate release of enforce those already on the books. arrest of thirteen Iranian Jews infor- these thirteen Jewish Iranian defend- The facts show that the Clinton Ad- mally accused of spying for Israel and ants. ministration has not done this; from the United States. Today, ten of the f 1992 to 1998 prosecutions of defendants thirteen are still in jail awaiting trial, who use a firearm in connection with a while the other three have been re- THE VERY BAD DEBT BOXSCORE felony have decreased nearly 50 per- leased on bail. This situation is espe- Mr. HELMS. Mr. President, at the cent, from 7,045 to approximately 3,800. cially troubling because these innocent close of business yesterday, Tuesday, In addition, while more than 500,000 community and religious leaders could April 11, 2000, the Federal debt stood at convicted felons and other prohibited face the death penalty if convicted. $5,763,650,722,859.87 (Five trillion, seven purchasers have been prevented from Mr. President, this entire legal or- hundred sixty-three billion, six hun- purchasing firearms from federally, li- deal has been filled with Iranian Con- dred fifty million, seven hundred twen- censed firearms dealers under the stitutional violations and shrouded in ty-two thousand, eight hundred fifty- Brady Handgun Violence Prevent Act, secrecy. For instance, the thirteen nine dollars and eighty-seven cents). only 200 of these persons have been re- have never been formally charged or Five years ago, April 11, 1995, the ferred to the United States Department indicted. This should be the first step Federal debt stood at $4,871,386,000,000

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.065 pfrm12 PsN: S12PT1 S2612 CONGRESSIONAL RECORD — SENATE April 12, 2000 (Four trillion, eight hundred seventy- NATIONAL LIBRARY WEEK do something.’’ Volunteering is truly ∑ one billion, three hundred eighty-six ∑ Mr. GRAMS. Mr. President, I rise your opportunity to do something. million). today to recognize National Library f Ten years ago, April 11, 1990, the Fed- Week and pay tribute to those dedi- IN MEMORY OF LEE PETTY eral debt stood at $3,084,969,000,000 cated individuals who, through their ∑ Mr. HOLLINGS. Mr. President, I rise (Three trillion, eighty-four billion, passion for books and learning, make nine hundred sixty-nine million). today to remember auto racing’s Lee our libraries places of great discovery. Petty, who died last week at the age of Fifteen years ago, April 11, 1985, the If a child wants to know everything Federal debt stood at $1,730,073,000,000 86. A pioneer of the sport, he claimed 55 there is to know about space, you could titles, including the inaugural Daytona (One trillion, seven hundred thirty bil- send them up there in a rocket ship. If lion, seventy-three million). 500 in 1959, before a 1961 collision ended they’re interested in tornadoes, you his competitive career. His son Richard Twenty-five years ago, April 11, 1975, could send them out after one with a the Federal debt stood at carried the torch with style, collecting crew of storm chasers. If they’d like to seven Winston Cup trophies and estab- $511,156,000,000 (Five hundred eleven meet George Washington, you could billion, one hundred fifty-six million) lishing a fan base Lee Petty could have even send them back in time. You only dreamed of back in the late 1940s which reflects a debt increase of more could—if you just knew how. than $5 trillion—$5,252,494,722,859.87 when he was scorching North Carolina Or, you could send them to the li- dirt tracks. But it doesn’t end there. (Five trillion, two hundred fifty-two brary instead. billion, four hundred ninety-four mil- Lee’s grandson, Kyle, a good friend of National Library Week is April 9–15, mine, continues to find success on the lion, seven hundred twenty-two thou- and there’s no better place than our li- sand, eight hundred fifty-nine dollars NASCAR circuit and Lee’s 17-year-old braries for bringing the world and the great-grandson, Adam, recently made and eighty-seven cents) during the past events that shape it—past and 25 years. his NASCAR debut. present—to life. Fortunately, a child The name Petty has become synony- f doesn’t need any special gadgets to ex- mous with racing, and for good reason. ADDITIONAL STATEMENTS perience all the library has to offer; Lee Petty had the foresight to invest they just need a library card. in a sport with little pedigree but a As Congress debates important issues heaping portion of American guts and COMMEMORATION OF 30TH ANNI- like the federal budget and how to save glory. He understood that a driver’s VERSARY OF THE COUNSELING Social Security, the library is also an personality was often as powerful as CENTER OF MILWAUKEE, INC. excellent place for young people to the car he drove, and spectators would ∑ Mr. KOHL. Mr. President, I rise learn more about government and pay good money to go along for the today to commend an organization what’s happening in Washington. And ride. His empire, Petty Enterprises, that has provided high quality mental of course, the librarians are always bears witness to the clarity of that vi- health, residential, case management, there to help. sion, having produced 271 race winners prevention, treatment and outreach On the occasion of National Library and 10 NASCAR champions. services to adults, youth and families Week, I urge all Americans to check Despite great success, Lee Petty in the Greater Milwaukee area for thir- out a book—and ‘‘check out’’ all the never acted like a superstar. He lived ty years. This organization is the riches their local library has to offer.∑ with his wife, Elizabeth, in the same Counseling Center of Milwaukee, Inc. f modest house where they had raised The Counseling Center of Milwaukee their children. Perhaps humbleness, came from humble beginnings. Estab- NATIONAL VOLUNTEER WEEK and a willingness to brave the hot sun lished in 1970 in the basement of Mil- ∑ Mr. GRAMS. Mr. President, boxer for hours to sign autographs, will prove waukee’s St. Mary’s Hospital, it Muhammad Ali once said, ‘‘Service to to be Lee Petty’s greatest contribution merged with the organization Path- others is the rent you pay for your to American sports. An editorial in finders for Runaways in 1971. The Cen- room here on earth.’’ Minnesota’s vol- Charleston, SC’s daily newspaper, the ter has since grown into a $2.3 million unteers exemplify that philosophy, and Post and Courier, concludes: ‘‘In a day agency with 100 paid and volunteer during National Volunteer Week, April where money seems to be the over- staff. 9–15, we celebrate their passion for riding concern of so many athletes, Lee In working to fulfill its vision state- their communities. Petty was a reminder of what is impor- tant in the sporting world—and why ment of putting more people in charge National Volunteer Week offers an folks gravitate toward the National As- of their lives, connecting to others and opportunity to salute the millions of sociation for Stock Car Auto Racing. contributing to their communities, the dedicated men, women, and young peo- Lee Petty’s grown-up NASCAR has Counseling Center of Milwaukee pro- ple for their efforts and their commit- never forgotten that a professional vides both individual and family serv- ment to serve. Volunteers are one of sport should be family- and fan-ori- ices including education, counseling, this nation’s most valuable resources, ented.’’ The patriarch of one of profes- providing emergency shelter and men- making this year’s Volunteer Week sional sports’ most celebrated families, toring. theme—‘‘Celebrate Volunteers!’’—very Lee Petty has left a legacy that will The Counseling Center serves a vari- appropriate. linger over American racetracks for ety of clients, most of whom are low Minnesotans can be proud that our generations to come.∑ income and most from the city of Mil- state has one of the highest rates of f waukee. The Counseling Center has al- volunteerism in the nation. While 56 ways been a place where clients could percent of Americans volunteer nation- COMMENTS ON VIETNAM turn when they had nowhere else to go. ally, two-thirds of all Minnesotans give ∑ Mr. HOLLINGS. Mr. President, we Through public and private funding, back to their communities through have all read a lot on Vietnam, but the Counseling Center provides service volunteering. According to state offi- nothing more thoughtful than the brief to anyone in need, regardless of their cials, this show of strength returns $6.5 comments by Charleston, S.C.’s ability to pay. This includes more than billion a year in donated hours to Min- Charles T. ‘‘Bud’’ Ferillo, Jr. in the 7,000 citizens in the Greater Milwaukee nesota communities. College of Charleston magazine, ‘‘The area served in 1999. Thanks to the many Minnesota vol- Cistern.’’ Mr. Ferillo, a 1972 graduate of I am proud to join in celebrating the unteers who help make our commu- the college, served in Vietnam. I ask 30th anniversary of the Counseling nities better, more compassionate that his comments be printed in the Center of Milwaukee. I thank the dedi- places to live. For those who have yet RECORD. cated employees and volunteers of the to discover the joy that comes from The comments follow: Center for their significant contribu- serving others, I invite them to get in- PERSPECTIVES tions to the mental health of the citi- volved—and remember the words of (By Charles T. (Bud) Ferillo, Jr.) zens of my state, and wish them a pros- Henry David Thoreau: ‘‘One is not born Well before I was drafted, I viewed Amer- perous future.∑ into the world to do everything but to ica’s involvement in Vietnam a political

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.064 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2613 mistake at home, a foreign policy of mis- often come too late for too many in harm’s Guild. He is a past president of the judgment in Southeast Asia and a personal way. Plymouth Historical Society, as well tragedy for the tens of thousands of Viet- Second, I would urge future generations to as a lifetime member of this organiza- get informed and involved in public affairs as namese and Americans who paid the price for tion. He has served as City Commis- the misadventure. a matter of civic duty and personal interest I had lost my college deferment in 1966 and to guard against poor political leadership sioner, and helped to organize the received my ‘‘Greetings from the President that can get the country in deep trouble be- Plymouth Council on Aging and the of the United States’’ draft letter in early cause of political ideology, showmanship or Plymouth Economic Development Cor- 1967. I decided to do my best and serve even the pursuit of short-term partisan advantage poration. Mr. Wilcox is a trustee of though I thought our policies in Vietnam over the national interest. Not only is eter- Riverside Cemetery, a member of the were wrong. A lot of awful experiences in the nal vigilance the price of liberty in Jeffer- Munipal Tree Board, and a member of war would follow that decision but not one son’s phrase, but it is also the price of intel- the Block Grant Citizen’s Advisory day of regret. ligent foreign policy and peace in the world. In Vietnam you joined your unit one sol- Third, I would want those who look back Commission. In addition, Mr. Wilcox is dier at a time, not in groups that trained to- at what happened in Vietnam to recall that the host of the local cable television gether back home or from old time group en- it was not victories in combat by soldiers show ‘‘Profiles in Plymouth.’’ listments. My unit was Company C, 1st Bat- and airmen that got us out of there. No, it Mr. President, I applaud Mr. Wilcox talion, 22nd Infantry, 4th Infantry Division. was not that at all. It was the courage and for his many efforts to better the qual- That night in July 1968 when I joined Charlie aggressiveness of people of all ages here at ity of life for every resident of Plym- Company as an incoming sergeant E–5, I was home who protested in the streets that fi- outh, Michigan. His dedication to the nally turned the political tide in this coun- ordered to take out a night patrol. I was ex- town over the years is truly admirable, hausted from days of travel and processing try against the war. Their courage and te- but I didn’t sleep a wink all night, and never nacity forced a reversal of policy in Wash- and I am glad that the Kiwanis Club solidly for the rest of the year I was there. ington as time and events revealed military has taken this opportunity to recog- Three days later, on patrol in a cornfield, failures and unacceptable losses. nize his many contributions. On behalf my radio operator who was walking just be- Finally, I would not want my children or of the entire United States Senate, I hind me was shot through the neck by a anyone’s children to ever know the details of congratulate Mr. Wilcox on his induc- sniper. I later lost another radio operator what war looks like up close. It is very grue- tion into the Plymouth Hall of Fame.∑ who was shot while clinging perilously to some and terrifying for the safe and the rungs of a hastily departing helicopter. If he wounded and all those who survive are bur- f had been able to survive his wounds, he dened with the awfulness for their lifetimes. would never have survived the fall from the As time passes, the joy and fullness of life MR. JAMES B. MCKEON INDUCTED chopper into the trees below. We found his can repair the damage and soften its impact INTO PLYMOUTH HALL OF FAME body three days later. for those whose lives lead in healthy direc- ∑ Discipline was strongly enforced in our di- tions. For those who returned to dysfunc- Mr. ABRAHAM. Mr. President, on vision. No intentional killing of civilians or tional families, lack of schooling, jobless- April 18, 2000, the Kiwanis Club of torture of POWs was tolerated. After several ness, illness, they are the walking wounded Plymouth, Michigan, with the assist- reprimands I had one soldier in my company of Vietnam who cannot ever come home. ance of the Plymouth Community court-martialed for cutting off the ears of I would want my children to know that I Chamber of Commerce, the District Li- dead North Vietnamese soldiers and mailing tried to do my duty when my country called brary, the Plymouth Historical Soci- them home to his girlfriend. even when I disagreed deeply with the poli- ety, and the City of Plymouth, will The final tragedy for me was that the man cies and conduct of the war in which we were I recommended to succeed me as squad lead- engaged. I would want them to know I felt honor three men whose commitment to er in Charlie Company was killed as he no regrets or ill feelings toward those who that community has earned them a walked in the squad leader position in the chose not to serve; those decisions of con- place in the Plymouth Hall of Fame. field the day after I left for home. It is his science required a certain kind of courage as These men are being recognized be- name I look for first on the wall in Wash- well as any I saw in the war. Lastly, I would cause over the years their dedication ington when I visit it. want my children to work for a country that and many efforts have played a large There were some light moments, too. I was is a more thoughtful, careful and respectful role in making Plymouth the wonder- able to keep a pet monkey in my bunker for force in a world of divergent cultures, one ful town that it is today. With this several weeks until he learned to pull the that expends its resources in war only when pins on hand grenades and kick them off the our national security interests are genuinely having been said, I rise today in honor mountainside to explode below. at stake.∑ of Mr. James Jabara, Mr. James B. My war experiences only served to support f McKeon, and Mr. Jack Wilcox, who are my initial doubts about our involvement. rightfully taking their place among the Once when a convoy of U.S. Army and South MR. JACK WILCOX INDUCTED INTO ‘‘Builders of Plymouth.’’ Vietnamese Army units that I was traveling PLYMOUTH HALL OF FAME Mr. McKeon came to Plymouth after with on Highway 1 was ambushed by NVA ∑ graduating from a school that I myself regulars, we American soldiers jumped off Mr. ABRAHAM. Mr. President, on our trucks facing the enemy and returned April 18, 2000, the Kiwanis Club of am quite familiar with, Michigan State fire. The South Vietnamese soldiers jumped Plymouth, Michigan, with the assist- University. He has served Plymouth off the other side of the trucks and ate ance of the Plymouth Community both as City Commissioner and as lunch. Whose war was it? Chamber of Commerce, the District Li- Mayor. He has been president of the I recall numerous incidents when U.S. brary, the Plymouth Historical Soci- Plymouth Chamber of Commerce, and Army officers instructed us to count each ety, and the City of Plymouth, will was named Volunteer of the Year by body part from a NVA soldier as one cas- that organization. Mr. McKeon is ualty so as to swell the total body count re- honor three men whose commitment to ported. Similarly, we noted that some known the community has earned them a chairman of the Downtown Develop- U.S. casualties were listed long after the place in the Plymouth Hall of Fame. ment Authority, and sits on the Board deaths in Stars and Stripes, the weekly mili- These men are being recognized be- of Directors of Growth Works and the tary newspaper. These small deceits, multi- cause over the years their dedication New Morning School. In addition, he is plied across the country and if practiced and many efforts have played a large a member of the Schoolcraft College widely, could have contributed to an inac- role in making Plymouth the wonder- Development Authority Board and a curate picture of battlefield situations. And ful town that it is today. With this benefactor of the Plymouth Commu- it would have been done purposefully. What would I want future generations to having been said, I rise today in honor nity Arts Council. know about the nation’s experience in Viet- of Mr. James Jabara, Mr. James B. Mr. President, I applaud Mr. McKeon nam? McKeon, and Mr. Jack Wilcox, who are for his many efforts to better the qual- First, that governments of men can and do rightfully taking their place among the ity of life for every resident of Plym- make huge mistakes. In understanding polit- ‘‘Builders of Plymouth.’’ outh, Michigan. His dedication to the ical situations in other cultures, in intel- A graduate of Plymouth High School town over the years is truly admirable, ligence gathering and interpretation, and and the University of Michigan, Mr. and I am glad that the Kiwanis Club that an overzealous military can and will Wilcox is a retired U.S. Navy captain. has taken this opportunity to recog- cover up their miscalculations of enemy strength, exaggerate U.S. military effective- He has served the community of Plym- nize his many contributions. On behalf ness and minimize cost projections and out- outh in many, and varied, ways. A of the entire United States Senate, I comes. Once committed, reversals of policy semi-professional actor, he is a charter congratulate Mr. McKeon on his induc- are slow in our system of government and member of the Plymouth Theater tion into the Plymouth Hall of Fame.∑

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.069 pfrm12 PsN: S12PT1 S2614 CONGRESSIONAL RECORD — SENATE April 12, 2000 MR. JAMES JABARA INDUCTED current resolution, without amend- EXECUTIVE AND OTHER INTO PLYMOUTH HALL OF FAME ment: COMMUNICATIONS ∑ Mr. ABRAHAM. Mr. President, on S. Con. Res. 71. Concurrent resolution ex- The following communications were April 18, 2000, the Kiwanis Club of pressing the sense of Congress that Miami, laid before the Senate, together with Plymouth, Michigan, with the assist- Florida, and not a competing foreign city, accompanying papers, reports, and doc- ance of the Plymouth Community should serve as the permanent location for the Secretariat of the Free Trade Area of the uments, which were referred as indi- Chamber of Commerce, the District Li- Americas (FTAA) beginning in 2005. cated: brary, the Plymouth Historical Soci- The message further announced that EC–8437. A communication from the Direc- ety, and the City of Plymouth, will tor of the Office of Management and Budget, honor three men whose commitment to the House has passed the following Executive Office of the President, transmit- that community has earned them a joint resolution, without amendment: ting, pursuant to law, a cumulative report place in the Plymouth Hall of Fame. S.J. Res. 43. Joint resolution expressing on rescissions and deferrals dated April 6, These men are being recognized be- the sense of Congress that the President of 2000; referred jointly, pursuant to the order cause over the years their dedication the United States should encourage free and of January 30, 1975, as modified by the order fair elections and respect for democracy in of April 11, 1986; to the Committees on Ap- and many efforts have played a large Peru. propriations; the Budget; Armed Services; role in making Plymouth the wonder- Banking, Housing, and Urban Affairs; Energy ful town that it is today. With this The message also announced that the House agrees to the amendment of the and Natural Resources; Environment and having been said, I rise today in honor Public Works; and Foreign Relations. of Mr. James Jabara, Mr. James B. Senate to the bill (H.R. 1658) to provide EC–8438. A communication from the Ad- McKeon, and Mr. Jack Wilcox, who are a more just and uniform procedure for ministrator, General Services Administra- rightfully taking their place among the Federal civil forfeitures, and for other tion, transmitting, pursuant to law, a report ‘‘Builders of Plymouth.’’ purposes. entitled ‘‘Annual Performance Report of the Mr. Jabara has been an outstanding The message further announced that General Services Administration’’ for fiscal leader in the Plymouth community pursuant to section 503(b)(3) of the Na- year 1999; to the Committee on Govern- mental Affairs. since arriving there after his gradua- tional Skill Standards Act of 1994 (20 U.S.C. 5933), and upon the recommenda- EC–8439. A communication from the Direc- tion from Michigan Technological Uni- tor, Office of Federal Housing Enterprise versity. He has served Plymouth as tion of the majority leader, the Speak- Oversight, transmitting, pursuant to law, City Commissioner, Mayor, and Chair- er appoints the following member on the fiscal year 1999 Performance Report; to man of the 35th District Court Build- the part of the House to the National the Committee on Governmental Affairs. ing. He is a board member of the Plym- Skill Standards Board for a 4-year EC–8440. A communication from the Chair- outh Chamber of Commerce, the Fall term to fill the existing vacancy there- man and Chief Executive Officer, Farm Cred- Festival and the Ice Festival. He is on: Mr. William L. Lepley of Hershey, it Administration, transmitting, pursuant to Pennsylvania. law, the fiscal year 1999 Accountability Re- Chairman of the Advisory Board, sits port; to the Committee on Governmental Af- on the Board of Directors of the Salva- At 5:08 p.m., a message from the fairs. tion Army, and is a member of the EC–8441. A communication from the Chair- Plymouth Library Board. He is a char- House of Representatives, delivered by man, Federal Mine Safety and Health Review ter member of the Colonial Kiwanis Ms. Niland, one of its reading clerks, Commission, transmitting, pursuant to law, Club, and its first president. In addi- announced that the House has agreed the fiscal year 2001 Annual Performance Plan tion, his many successful business ven- to the following concurrent resolution, and the fiscal year 1999 Performance Report; tures have contributed greatly to the in which it requests the concurrence of to the Committee on Governmental Affairs. growth and development of the Plym- the Senate. EC–8442. A communication from the Sec- retary of Labor, transmitting, pursuant to H. Con. Res. 303. Concurrent resolution outh community. law, the fiscal year 1999 Annual Report on providing for a conditional adjournment of Mr. President, I applaud Mr. Jabara Performance and Accountability; to the the House of Representatives and a condi- for his many efforts to better the qual- Committee on Governmental Affairs. tional adjournment or recess of the Senate. ity of life for every resident of Plym- EC–8443. A communication from the Attor- outh, Michigan. His dedication to the f ney General, transmitting, pursuant to law, town over the years is truly admirable, the fiscal year 1999 Accountability Report; to the Committee on Governmental Affairs. and I am glad that the Kiwanis Club MEASURES REFERRED has taken this opportunity to recog- EC–8444. A communication from the Chair- nize his many contributions. On behalf The following bills were read the first man, Nuclear Regulatory Commission, trans- mitting, pursuant to law, the fiscal year 1999 of the entire United States Senate, I and second times by unanimous con- sent, and referred as indicated: Accountability and Performance Report and congratulate Mr. Jabara on his induc- the Commission’s Inspector General’s fiscal tion into the Plymouth Hall of Fame.∑ H.R. 4067. An act to repeal the prohibition year 1999 Performance Report; to the Com- f on the payment of interest on demand depos- mittee on Governmental Affairs. its, and for other purposes; to the Committee EC–8445. A communication from the Trust- MESSAGES FROM THE HOUSE on Banking, Housing, and Urban Affairs. ee, Court Services and Offender Supervision At 11:21 a.m., a message from the H.R. 4163. An act to amend the Internal Agency for the District of Columbia, trans- House of Representatives, delivered by Revenue Code of 1986 to provide for increased mitting, pursuant to law, the fiscal year 1999 fairness to taxpayers; to the Committee on Performance Report; to the Committee on Ms. Niland, one of its reading clerks, Finance. announced that the House has passed Governmental Affairs. The Committee on Indian Affairs was EC–8446. A communication from the Acting the following bills, in which it requests Director of Communications and Legislative the concurrence of the Senate: discharged from further consideration of the following measure which was re- Affairs, Equal Employment Opportunity H.R. 3767. An act to amend the Immigra- ferred to the Committee on Energy and Commission, transmitting, pursuant to law, tion and Nationality Act to make improve- the fiscal year 1999 Annual Performance Re- ments to, and permanently authorize, the Natural Resources: port and the fiscal year 2000 Annual Perform- visa waiver pilot program under section 217 S. 2163. A bill to provide for a study of the ance Plan; to the Committee on Govern- of such act. engineering feasibility of a water exchange mental Affairs. H.R. 4051. An act to establish a grant pro- in lieu of electrification of the Chandler EC–8447. A communication from the Chair- gram that provides incentives for States to Pumping Plant at Prosser Diversion Dam, man, Federal Maritime Commission, trans- enact mandatory minimum sentences for Washington. mitting, pursuant to law, the fiscal year 1999 certain firearms offenses, and for other pur- Annual Program Performance Report; to the poses. f Committee on Governmental Affairs. H.R. 4067. An act to repeal the prohibition EC–8448. A communication from the United on the payment of interest on demand depos- MEASURE READ THE FIRST TIME States Trade Representative, transmitting, its, and for other purposes. pursuant to law, the fiscal year 2001 Per- H.R. 4163. An act to amend the Internal The following bill was read the first formance Plan and the fiscal year 1999 An- Revenue Code of 1986 to provide for increased time: nual Performance Report; to the Committee fairness to taxpayers. H.R. 1838. An act to assist in the enhance- on Governmental Affairs. The message also announced that the ment of the security of Taiwan, and for other EC–8449. A communication from the Chair- House has agreed to the following con- purposes. man, Defense Nuclear Facilities Safety

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.071 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2615 Board, transmitting, pursuant to law, the mitting, pursuant to law, an interim report Whereas, Currently, annually, only 1,000 fiscal year 1999 Annual Program Perform- under the Grants for Special Diabetes Pro- poultry may be slaughtered at home and of- ance Report; to the Committee on Govern- gram for Indians; to the Committee on In- fered for sale to the consumer; and mental Affairs. dian Affairs. Whereas, To meet current consumer de- EC–8450. A communication from the Comp- EC–8463. A communication from the Vice mand, such number should be increased to troller of the Currency, transmitting, pursu- President, Health, American Academy of Ac- 3,000 poultry: Now, therefore, ant to law, the fiscal year 1999 Annual Per- tuaries transmitting, the report of com- Be it resolved by the House of Representatives formance Report; to the Committee on Gov- ments on the 2000 Annual Reports of the of the State of Kansas, the Senate concurring ernmental Affairs. Board of Trustees of the Federal Hospital In- therein: That Congress pass legislation allow- EC–8451. A communication from the Archi- surance and Supplementary Medical Insur- ing state-inspected meat and meat products vist of the United States, transmitting, pur- ance Trust Funds; to the Committee on Fi- to be shipped interstate; and suant to law, the fiscal year 1999 Annual Per- nance. Be it further resolved: That Congress pass formance Report for the National Archives EC–8464. A communication from the Regu- legislation increasing the number of poultry and Records Administration; to the Com- lations Officer, Social Security Administra- to be slaughtered at home from 1,000 to 3,000; mittee on Governmental Affairs. tion transmitting, pursuant to law, the re- and EC–8452. A communication from the Presi- port of a rule entitled ‘‘Federal Old-Age, Sur- Be it further resolved: That the Secretary of dent and Chief Executive Officer, Overseas vivor and Disability Insurance and Supple- the State be directed to send enrolled copies Private Investment Corporation, transmit- mental Security Income for the Aged, Blind, of this resolution to the President of the ting, pursuant to law, the fiscal year 2001 An- and Disabled; Determining Disability and United States; the Vice-President of the nual Performance Plan and the fiscal year Blindness; Clarification of ‘Age’ as a Voca- United States; Majority Leader and Minority 1999 Annual Program Performance Report; to tional Factor’’ (RIN0960-AE96) (55A736F), re- Leader of the United States Senate; the the Committee on Governmental Affairs. ceived April 10, 2000; to the Committee on Fi- Speaker, Majority Leader and Minority EC–8453. A communication from the Audi- nance. Leader of the United States House of Rep- tor of the District of Columbia, transmit- EC–8465. A communication from the Chief, resentative; the Secretary of the United ting, pursuant to law, a report entitled ‘‘Re- Regulations Unit, Internal Revenue Service, States Department of Agriculture; and to cent Inspection of Community Correctional Department of the Treasury, transmitting, each member of the Kansas Congressional Center No. 4 Confirms Overcrowded Condi- pursuant to law, the report of a rule entitled tion and Building Code Violations’’; to the Delegation. ‘‘Coordinated Issue: Gaming Industry—The f Committee on Governmental Affairs. Applicable Recovery Period Under I.R.C. EC–8454. A communication from the Execu- Section 168(A) for Slot Machines, Video Lot- REPORTS OF COMMITTEES tive Director, Committee for Purchase from tery Terminals and Gaming Furniture, Fix- People who are Blind or Severely Disabled, The following reports of committees tures and Equipment’’ (UIL 168.20–06), re- transmitting, pursuant to law, the report of ceived April 10, 2000; to the Committee on Fi- were submitted: a rule relative to additions to the Procure- By Mr. JEFFORDS, from the Committee ment List, received April 10, 2000; to the nance. EC–8466. A communication from the Chief, on Health, Education, Labor, and Pensions, Committee on Governmental Affairs. with an amendment in the nature of a sub- EC–8455. A communication from the Sec- Regulations Unit, Internal Revenue Service, stitute: retary of the Treasury, transmitting, pursu- Department of the Treasury, transmitting, S. 2: A bill to extend programs and activi- ant to law, the Financial Report of the pursuant to law, the report of a rule entitled ties under the Elementary and Secondary United States Government for fiscal year ‘‘Installment Sales After Enactment of Sec- Education Act of 1965 (Rept. No. 106–261). 1999; to the Committee on Governmental Af- tion 453(a)(2)’’ (Notice 2000-26), received April By Mr. MURKOWSKI, from the Committee fairs. 10, 2000; to the Committee on Finance. EC–8456. A communication from the ad- EC–8467. A communication from the Sec- on Energy and Natural Resources, without ministrator and Chief Executive Officer, retary of Defense, transmitting, the report of amendment: Bonneville Power Administration, Depart- a retirement; to the Committee on Armed S. 1705: A bill to direct the Secretary of the ment of Energy transmitting, pursuant to Services. Interior to enter into land exchanges to ac- EC–8468. A communication from the Acting law, the financial statements and audit re- quire from the private owner and to convey General Counsel, Department of Defense ports of the Federal Columbia River Power to the State of Idaho approximately 1,240 transmitting, a draft of proposed legislation System; to the Committee on Governmental acres of land near the City of Rocks National relative to the management of the Depart- Affairs. Reserve, Idaho, and for other purposes (Rept. EC–8457. A communication from the Presi- ment; to the Committee on Armed Services. No. 106–262). EC–8469. A communication from the Acting dent, U.S. Institute of Peace, transmitting, By Mr. MURKOWSKI, from the Committee General Counsel, Department of Defense pursuant to law, the report of the audit by on Energy and Natural Resources, with transmitting, a draft of proposed legislation independent certified public accountants; to amendments: relative to certain prototype projects for the the Committee on Health, Education, Labor, S. 1727: A bill to authorize for the expan- next three years and for other purposes; to and Pensions. sion annex of the historic Palace of the Gov- EC–8458. A communication from the Sec- the Committee on Armed Services. ernors, a public history museum located, and retary of Education, transmitting, pursuant EC–8470. A communication from the Direc- relating to the history of Hispanic and Na- to law, the annual report on progress under tor, Federal Emergency Management Agency tive American culture, in the Southwest and the Individuals with Disabilities Education transmitting, pursuant to law, the report for other purposes (Rept. No. 106–263). Act; to the Committee on Health, Education, relative funding under the Stafford Act as a By Mr. MURKOWSKI, from the Committee Labor, and Pensions. result of the response to Hurricane Floyd; to on Energy and Natural Resources, with an EC–8459. A communication from the Direc- the Committee on Environment and Public amendment in the nature of a substitute and tor, Regulations Policy and Management Works. an amendment to the title: Staff, Food and Drug Administration, De- f S. 1797: A bill to amend the Alaska Native Claims Settlement Act, to provide for a land partment of Health and Human Services, PETITIONS AND MEMORIALS transmitting, pursuant to law, the report of conveyance to the City of Craig, Alaska, and a rule entitled ‘‘Removal of Designated Jour- The following petitions and memo- for other purposes (Rept. No. 106–264). nals; Confirmation of Effective Date’’ (Dock- rials were laid before the Senate and By Mr. MURKOWSKI, from the Committee et No. 99N-4957), received April 10, 2000; to were referred or ordered to lie on the on Energy and Natural Resources, without the Committee on Health, Education, Labor, table as indicated: amendment: and Pensions. S. 1836: A bill to extend the deadline for POM–454. A concurrent resolution adopted EC–8460. A communication from the Gen- commencement of construction of a hydro- by the Legislature of the State of Kansas rel- eral Counsel, Government Contracting, electric project in the State of Alabama ative to the shipment of state-inspected Small Business Administration transmit- (Rept. No. 106–265). meat and meat products and the number of ting, pursuant to law, the report of a rule en- By Mr. MURKOWSKI, from the Committee poultry to be slaughtered at home for sale to titled ‘‘Government Contracting Programs- on Energy and Natural Resources, with an the consumer; to the Committee on Agri- Contract Bundling Procurement Strategy’’ amendment in the nature of a substitute: culture, Nutrition, and Forestry. (RIN3245-AE04), received April 10, 2000; to the S. 1849: A bill to designate segments and Committee on Small Business. HOUSE CONCURRENT RESOLUTION NO. 5050 tributaries of White Clay Creek, Delaware EC–8461. A communication from the Direc- Whereas, All regulations for state in- and Pennsylvania, as a component of the Na- tor, Office of Thrift Supervision, Department spected commercial meat plants must be tional Wild and Scenic Rivers System (Rept. of the Treasury, transmitting, pursuant to equal to or more strict than the federal regu- No. 106–266). law, the 1999 annual report on the Preserva- lations; and S. 1892: A bill to authorize the acquisition tion of Minority Savings Institutions; to the Whereas, Since state inspected meat and of the Valles Caldera, to provide for an effec- Committee on Banking, Housing, and Urban meat products must be equal to the federal tive land and wildlife management program Affairs. regulations, meat and meat products should for this resource within the Department of EC–8462. A communication from the Sec- be allowed to be shipped across state lines; Agriculture, and for other purposes (Rept. retary of Health and Human Services trans- and No. 106–267).

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.031 pfrm12 PsN: S12PT1 S2616 CONGRESSIONAL RECORD — SENATE April 12, 2000 By Mr. MURKOWSKI, from the Committee Mark Reid Tucker, of North Carolina, to be farms and ranches and rural communities on Energy and Natural Resources, with United States Marshal for the Eastern Dis- from unfair, unjustly discriminatory, or de- amendments: trict of North Carolina for the term of four ceptive practices by agribusinesses, and for S. 1910: A bill to amend the Act estab- years. other purposes; to the Committee on Agri- lishing Women’s Rights National Historical Richard C. Tallman, of Washington, to be culture, Nutrition, and Forestry. Park to permit the Secretary of the Interior United States Circuit Judges for the Ninth By Mr. MCCAIN: to acquire title in fee simple to the Hunt Circuit. S. 2412. A bill to amend title 49, United House located in Waterloo, New York (Rept. John Antoon II, of Florida, to be United States Code, to authorize appropriations for No. 106–268). States District Judge for the Middle District the National Transportation Safety Board S. 1910: A bill to amend the Act estab- of Florida. for fiscal years 2000, 2001, 2002, and 2003, and lishing Women’s Rights National Historical (The above nominations were re- for other purposes; to the Committee on Park to permit the Secretary of the Interior Commerce, Science, and Transportation. to acquire title in fee simple to the Hunt ported with the recommendation that they be confirmed.) By Mr. CAMPBELL (for himself, Mr. House located in Waterloo, New York (Rept. LEAHY, Mr. HATCH, Mr. THURMOND, No. 106–268). f Mr. BINGAMAN, Mr. JEFFORDS, Mr. By Mr. MURKOWSKI, from the Committee SARBANES, Mr. COVERDELL, Mr. ROBB, on Energy and Natural Resources, without INTRODUCTION OF BILLS AND JOINT RESOLUTIONS Mr. SCHUMER, Mr. REED, and Mr. amendment: REID): H.R. 1615: A bill to amend the Wild and The following bills and joint resolu- S. 2413. A bill to amend the Omnibus Crime Scenic Rivers Act to extend the designation tions were introduced, read the first Control and Safe Streets Act of 1968 to clar- of a portion of the Lamprey River in New ify the procedures and conditions for the Hampshire as a recreational river to include and second times by unanimous con- sent, and referred as indicated: award of matching grants for the purchase of an additional river segment (Rept. No. 106– armor vests; to the Committee on the Judici- 269) . By Mr. BAYH (for himself, Mr. DURBIN, ary. H.R. 3063: A bill to amend the Mineral Mr. JOHNSON, Mrs. FEINSTEIN, Ms. By Mr. WELLSTONE: Leasing Act to increase the maximum acre- LANDRIEU, Mr. EDWARDS, and Mrs. S. 2414. A bill to combat trafficking of per- age of Federal leases for sodium that may be MURRAY): sons, especially into the sex trade, slavery, held by an entity in any one State, and for S. 2403. To amend the Internal Revenue and slavery-like conditions, in the United other purposes (Rept. No. 106–270). Code of 1986 to reduce the marriage penalty States and countries around the world By Mr. HATCH, from the Committee on by providing a nonrefundable marriage cred- through prevention, through prosecution and the Judiciary, without amendment and with it and adjustment to the earned income cred- enforcement against traffickers, and through a preamble: it; to the Committee on Finance. protection and assistance to victims of traf- H.J. Res. 86: A joint resolution recognizing By Mr. GRASSLEY: ficking; to the Committee on Foreign Rela- the 50th anniversary of the Korean War and S. 2404. A bill to amend chapter 75 of title tions. the service by members of the Armed Forces 5, United States Code, to provide that any By Mr. SARBANES (for himself, Mr. during such war, and for other purposes. Federal law enforcement officer who is con- DODD, Mr. SCHUMER, and Mr . KERRY): H. Con. Res. 269: A concurrent resolution victed of a felony shall be terminated from S. 2415. A bill to amend the Home Owner- commending the Library of Congress and its employment; to the Committee on Govern- ship and Equity Protection Act of 1994 and staff for 200 years of outstanding service to mental Affairs. other sections of the Truth in Lending Act to the Congress and the Nation and encour- By Mr. SCHUMER: protect consumers against predatory prac- aging the American public to participate in S. 2405. A bill to prohibit predatory lending tices in connection with high cost mortgage bicentennial activities. practices with respect to home loans, and for transactions, to strengthen the civil rem- f other purposes; to the Committee on Bank- edies available to consumers under existing ing, Housing, and Urban Affairs. law, and for other purposes; to the Com- EXECUTIVE REPORTS OF By Mr. ABRAHAM (for himself, Mr. mittee on Banking, Housing, and Urban Af- COMMITTEES KENNEDY, Mr. DEWINE, and Mr. fairs. The following executive reports of LEAHY): committees were submitted: S. 2406. A bill to amend the Immigration f By Mr. JEFFORDS for the Committee on and Nationality Act to provide permanent authority for entry into the United States of SUBMISSION OF CONCURRENT AND Health, Education, Labor, and Pensions. SENATE RESOLUTIONS Mel Carnahan, of Missouri, to be a Member certain religious workers; to the Committee of the Board of Trustees of the Harry S. Tru- on the Judiciary. The following concurrent resolutions man Scholarship foundation for a term ex- By Mr. REID (for himself and Mr. KEN- and Senate resolutions were read, and NEDY): piring December 10, 2005. (Reappointment) referred (or acted upon), as indicated: Edward B. Montgomery, of Maryland, to be S. 2407. A bill to amend the Immigration Deputy Secretary of Labor. and Nationality Act with respect to the By Mrs. BOXER (for herself, Mr. Scott O. Wright, of Missouri, to be a Mem- record of admission for permanent residence AKAKA, Mr. BIDEN, Mr. BINGAMAN, ber of the Board of Trustees of the Harry S. in the case of certain aliens; to the Com- Ms. COLLINS, Mr. DASCHLE, Mr. DODD, Truman Scholarship Foundation for the re- mittee on the Judiciary. Mr. DORGAN, Mr. DURBIN, Mr. FEIN- mainder of the term expiring December 10, By Mr. BINGAMAN (for himself and GOLD, Mrs. FEINSTEIN, Mr. GRAHAM, 2003. Mr. INOUYE): Mr. HARKIN, Mr. INOUYE, Mr. KERRY, Nathan O. Hatch, of Indiana, to be a Mem- S. 2408. A bill to authorize the President to Mr. KENNEDY, Ms. LANDRIEU, Mr. ber of the National Council on the Human- award a gold medal on behalf of the Congress LAUTENBERG, Mr. LEAHY, Mr. LEVIN, ities for a term expiring January 26, 2006. to the Navajo Code Talkers in recognition of Mrs. LINCOLN, Ms. MIKULSKI, Mr. Marc Racicot, of Montana, to be a Member their contributions to the Nation; to the MOYNIHAN, Mrs. MURRAY, Mr. ROBB, of the Board of Directors of the Corporation Committee on Banking, Housing, and Urban Mr. REED, Mr. REID, Mr. SARBANES, for National and Community Service for a Affairs. Mr. SCHUMER, Ms. SNOWE, Mr. SPEC- term expiring October 6, 2004. By Mr. HOLLINGS (for himself and Mr. TER, Mr. TORRICELLI, Mr. WELLSTONE, Alan D. Solomont, of Massachusetts, to be SARBANES) (by request): and Mr. WYDEN): a Member of the Board of Directors of the S. 2409. A bill to provide for enhanced safe- S. Res. 286. A resolution expressing the Corporation for National and Community ty and environmental protection in pipeline sense of the Senate that the United States Service for a term expiring October 6, 2004. transportation, and for other purposes; to Senate Committee on Foreign Relations (The above nominations were re- the Committee on Commerce, Science, and should hold hearings and the Senate should ported with the recommendation that Transportation. act on the Convention on the Elimination of they be confirmed subject to the nomi- By Mr. MURKOWSKI (by request): All Forms of Discrimination Against Women S. 2410. A bill to increase the authorization (CEDAW); submitted and read. nees’ commitment to respond to re- of appropriations for the Reclamation Safety By Mr. HELMS (for himself, Mr. KEN- quests to appear and testify before any of Dams Act of 1978, and for other purposes; NEDY, and Mr. LAUTENBERG): duly constituted committee of the Sen- to the Committee on Energy and Natural Re- S. Res. 287. A resolution expressing the ate.) sources. sense of the Senate regarding U.S. policy to- By Mr. HATCH for the Committee on the By Mr. DASCHLE (for himself, Mr. ward Libya; to the Committee on Foreign Judiciary. LEAHY, Mr. HARKIN, Mr. CONRAD, Mr. Relations. Marianne O. Battani, of Michigan, to be DORGAN, Mr. JOHNSON, Mr. FEINGOLD, By Mr. LOTT (for himself and Mr. United States District Judge for the Eastern Mr. KOHL, Mr. KERREY, Mr. BAUCUS, DASCHLE): District of Michigan. Mr. ROCKEFELLER, Mr. WELLSTONE, S. Res. 288. A resolution authorizing the David M. Lawson, of Michigan, to be Mr. LEVIN, and Mr. JEFFORDS): taking of a photograph in the Chamber of United States District Judge for the Eastern S. 2411. A bill to enhance competition in the United States Senate; considered and District of Michigan. the agricultural sector and to protect family agreed to.

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.034 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2617 By Mr. TORRICELLI (for himself, Mr. 1991 until his retirement in September Mr. President, I underscore the words HELMS, Mr. GRAHAM, Mr. MACK, and 1996. authorized. DCIS was authorized but Mr. REID): In July 1995, after a fellow agent rec- not required to remove him. S. Res. 289. A resolution expressing the ognized Mr. Hollingsworth’s photo in a Under the law, DCIS was granted dis- sense of the Senate regarding the human rights situation in Cuba; to the Committee law enforcement crime bulletin, Mr. cretionary authority to decide when— on Foreign Relations. Hollingsworth was apprehended. His or if—to remove him. By Mr. SPECTER (for himself and Mr. home was searched, and he confessed to Mr. President, too much discre- FEINGOLD): filing a fraudulent passport applica- tionary authority in a place so short on S. Res. 290. A resolution expressing the tion. common sense can lead to mistakes. sense of the Senate that companies large and Mr. Hollingsworth was convicted of a The Hollingsworth case was a big mis- small in every part of the world should sup- felony in U.S. District Court in March take. port and adhere to the Global Sullivan Prin- 1996. If my bill had been in effect in 1996, ciples of Corporate Social Responsibility Mr. Hollingsworth would have been re- wherever they have operations; to the Com- The authorities who investigated Mr. mittee on Foreign Relations. Hollingsworth’s crimes believe that he moved within 30 days of conviction. My staff has consulted with OPM on f committed about 12 overt acts of fraud between 1992 and 1994. this legislation. STATEMENTS ON INTRODUCED Mr. President, can you imagine that? OPM offered some constructive com- BILLS AND JOINT RESOLUTIONS While he was hammering rank and ments on how to strengthen it. Those By Mr. GRASSLEY: file agents for minor administrative of- ideas are now in the bill. S. 2404. A bill to amend chapter 75 of fenses as head of the Internal Affairs OPM was unaware of any other in- title 5, United States Code, to provide unit, Mr. Hollingsworth was deeply in- stance where a federal law enforcement that any Federal law enforcement offi- volved in a criminal enterprise of his agency had kept a convicted felon in an cer who is convicted of a felony shall own. employed status for 6 months after be terminated from employment; to The State Department agents who in- conviction. However, OPM could not guarantee the Committee on Governmental Af- vestigated the case were troubled by Mr. Hollingsworth’s actions. From past that this would never happen again. fairs. The intent of my legislation should LEGISLATION REGARDING THE REMOVAL OF LAW experience, they know passport fraud is usually committed in furtherance of a be crystal clear: To ensure that per- ENFORCEMENT OFFICERS CONVICTED OF FELO- sonnel management decisions—like NIES more serious crime. But that crime was those taken by Mr. Mancuso in the Mr. GRASSLEY. Mr. President, I rise never discovered. Hollingsworth case—are never repeated to introduce a bill on removing federal While the full extent of Mr. Hol- again. law enforcement officers convicted of lingsworth’s crimes remain a mystery, this case has helped to shed a whole lot Over the past 10 months, my staff has felonies. spoken with many rank and file law en- Under my bill, any federal law en- of light on Deputy IG Mancuso. forcement officers about the special forcement officer, who is convicted of a Mr. Mancuso personally approved a series of administrative actions that treatment given to Mr. Hollingsworth. felony, would have to be removed from Rank and file agents are universally kept a convicted felon in an employed his or her position immediately. disgusted by what happened. Mr. President, my colleagues must be status at DCIS for 6 months. They feel—as I do—that law enforce- Mr. Hollingsworth confessed to pass- wondering why the Senator from Iowa ment officers, who are convicted of port fraud in July 1995. He was con- is offering this legislation. Law en- felonies—should be removed from their victed in March 1996 and then confined forcement officers convicted of felonies posts immediately. are removed immediately. That’s just in jail. All this time—for 14 months, They don’t want their badges tar- common sense. Right? Mr. Mancuso kept Mr. Hollingsworth in nished by having one of their own, who Unfortunately, Mr. President, com- an employed status at DCIS until Sep- committed a felony, remain on the mon sense does not always prevail in tember 19,1996. job—as Mr. Hollingsworth was allowed the federal bureaucracy. Mr. President, September 19, 1996 was to do. Common sense is in short supply at the magic day. That was Mr. Hol- That undermines morale in the one very important place in the Pen- lingsworth’s 50th birthday. ranks. tagon—the office of the Inspector Gen- That was the very first day he was el- In closing, I would like to quote from eral or DOD IG. igible to retire. On that day, he retired a letter Mr. Mancuso wrote—on official In October 1999, the Majority Staff on with full law enforcement benefits and DOD stationery—to Judge Ellis on my Subcommittee on Administrative Mr. Mancuso’s blessing. April 29, 1996. Oversight and the Courts issued a re- Mr. Mancuso’s generosity will even- Judge Ellis was preparing to sentence port on the DOD IG. tually cost the taxpayers a big chunk the convicted felon, Mr. Hollingsworth. I placed the Majority Staff Report in of money. Mr. Mancuso’s statements to Judge the RECORD on November 2, 1999. The Office of Personnel Manage- Ellis were absurd. They were out- The Majority Staff Report substan- ment—OPM—estimated Mr. Hol- rageous. tiated allegations of misconduct by lingsworth’s annuity will cost the tax- This letter shows that Mr. Mancuso senior officials at the Defense Criminal payers at least $750,000.00 through the was totally blind to the seriousness of Investigative Service—or DCIS—be- year 2008. Mr. Hollingsworth’s crimes. tween 1993 and 1996. This is money Mr. Hollingsworth In the letter, Mr. Mancuso asked the DCIS is the criminal investigative should never collect had Mr. Mancuso judge to consider extenuating cir- branch in the DOD IG’s office. exercised sound judgment under the cumstances. He told the judge that Mr. I would like to remind my colleagues law. Hollingsworth had taken a half day’s that Mr. Donald Mancuso was the Di- Mr. Mancuso could have removed Mr. leave to file the fraudulent passport ap- rector of DCIS between 1988 and 1997. Hollingsworth in March 1996 after con- plication. Mr. Mancuso praised the con- Today, Mr. Mancuso is the Deputy DOD viction or maybe even sooner. victed felon for this unselfish act. Can IG. He may be a candidate for nomina- Instead, Mr. Mancuso chose to per- you believe that? tion as the next DOD IG. sonally protect Mr. Hollingsworth This is what Mr. Mancuso said to Some of the allegations examined in until he reached his 50th birthday and Judge Ellis, and I quote: ‘‘Mr. Hol- the Majority Staff Report concerned could retire. lingsworth could have come and gone one of Mr. Mancuso’s top deputies—an Mr Mancuso shielded Mr. Hol- as he pleased,’’ but he ‘‘took leave to agent by the name of Mr. Larry J. Hol- lingsworth from the law for at least 6 commit a felony.’’ lingsworth. months. In Mr. Mancuso’s mind, the use of The Hollingsworth case is the driving Under the law—5 U.S.C. 7513(b), Mr. personal leave to commit a felony was force behind my bill. Mancuso was authorized to remove Mr. a sign of moral excellence. Mr. Hollingsworth was the Director Hollingsworth after conviction—if not Mr. Mancuso concluded with this of Internal Affairs at DCIS from April sooner. telling remark:

VerDate 20-MAR-2000 04:35 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.036 pfrm12 PsN: S12PT1 S2618 CONGRESSIONAL RECORD — SENATE April 12, 2000 To this day, there is no evidence that Mr. I don’t understand it. Bishop John Cummins of Oakland Hollingsworth has ever done anything im- Mr. President, Mr. Mancuso went to has written: proper relating to his duties and responsibil- extraordinary lengths to protect a con- Religious workers provide a very impor- ities as a DCIS agent and manager. victed felon. tant pastoral function to the American com- Mr. Mancuso’s statement to Judge By doing what he did, Mr. Mancuso munities in which they work and live, per- Ellis was misguided for two reasons: violated a trust that goes with the high forming activities in furtherance of a voca- First, incredible as it may seem, Mr. office he occupies. He violated the tion or religious occupation often possessing Mancuso—a sworn law enforcement of- trust that goes with the badge and gun characteristics unique from those found in ficer and current Deputy DOD IG—feels he carries. In our democracy, when the general labor market. Historically, reli- that it is OK for law enforcement offi- gious workers have staffed hospitals, orphan- those sacred trusts are violated, our ages, senior care homes and other charitable cers to commit crimes so long as the only protection is the law. institutions that provide benefits to society agents are off duty. In this case, the law provides too without public funding. Second, Mr. Mancuso’s assertion much discretionary authority. It leaves Bishop Cummins noted that, about ‘‘no evidence’’ is flat wrong. It’s the door wide open to abuse by irre- The steady decline in native-born Ameri- inaccurate. sponsible bureaucrats. We need to close cans entering religious vocations and occu- On February 1, 2000, my staff discov- that door. pations, coupled with the dramatically in- ered a DCIS file containing informa- My bill will close the loophole that creasing need for charitable services in im- tion that refuted Mr. Mancuso’s asser- Mr. Mancuso exploited in such a crafty poverished communities makes the exten- tions to Judge Ellis about no evidence. way. sion of this special immigrant provision a It shows that in August 1995, both DCIS Mr. President, I would like to urge necessity for numerous religious denomina- and the State Department did, in fact, my colleagues to join me in supporting tions in the United States. have evidence that Mr. Hollingsworth this important piece of legislation. The sentiments expressed by Bishop had engaged in criminal activity at his Cummins are widely held. Indeed this desk in DCIS headquarters. By Mr. ABRAHAM (for himself, program has won universal praise in re- How could the Pentagon’s top crimi- Mr. KENNEDY, Mr. DEWINE, and ligious communities across the nation. nal investigator be so blind to evi- Mr. LEAHY): In the past, our office has received let- dence? S. 2406. A bill to amend the Immigra- ters from religious orders and organiza- This file also contains other impor- tion and Nationality Act to provide tions throughout the nation. tant revelations about Mr. Mancuso’s permanent authority for entry into the As a nation founded by people who misconduct in the Hollingsworth case. United States of certain religious came to these shores so they and their It contains documents that indicate workers; to the Committee on the Ju- children could worship freely, it is only Mr. Mancuso was communicating with diciary. appropriate that our country welcome defense attorneys during the criminal MOTHER TERESA RELIGIOUS WORKERS ACT those who wish to help our religious or- court proceedings against Mr. Hollings- Mr. ABRAHAM. Mr. President, I rise ganizations provide pastoral and other worth. to introduce the Mother Teresa Reli- relief to people around this nation. For example, it contains a FAX gious Workers Act. This legislation That is why I have introduced the transmittal memo addressed person- will make permanent provisions of the Mother Teresa Religious Workers Act. ally to Mr. Mancuso from the defense Immigration and Nationality Act that The bill will eliminate the sunset pro- attorney. Attached was a motion to set aside 10,000 visas per year for ‘‘spe- visions in current law and extend per- dismiss charges against Mr. Hollings- cial immigrants.’’ manently the religious workers provi- worth. But there was no court date Up to 5,000 of these visas annually sions of the Immigration and Nation- stamp or attorney signature on the can be used for ministers of a religious ality Act. It is clear that religious or- document. And there were handwritten denomination. In addition, a related ganizations’ ability to sponsor individ- notes on it. This was a rough draft. provision of the law provides 5,000 visas uals who provide service to their local Mr. President, this really bothers me. per year to individuals working for re- communities should be a permanent Mr. Mancuso—the director of a fed- ligious organizations in ‘‘a religious fixture of our immigration law, just as eral law enforcement agency—was fur- vocation or occupation’’ or in a ‘‘pro- it is for those petitioning for close fam- nished with a rough draft of a motion fessional capacity in a religious voca- ily members and skilled workers. No to dismiss felony charges that the U.S. tion or occupation.’’ This has allowed longer should religious institutions Attorney was attempting to prosecute. nuns, brothers, cantors, lay preachers, have to worry about whether Congress That is unethical conduct. religious instructors, religious coun- will act in time to renew the religious The file contains other damaging selors, missionaries, and other persons workers provisions. I am pleased Sen- documents. to work at their vocations or occupa- ators KENNEDY, DEWINE, and LEAHY are They suggest that the current Direc- tions for religious organizations or cosponsoring this legislation. tor of DCIS, Mr. John Keenan, returned their affiliates. Finally, I would like to close by read- 11 confiscated handguns to the con- The key component of the law will ing a passage from a letter sent to me victed felon—Mr. Hollingsworth—in di- expire on September 30 of this year un- in 1997. It’s a letter that at the time rect contravention of a federal court less Congress acts. helped convince me of the need to judgment and statutory law. Under the law, a sponsoring organiza- move toward permanent extension of DCIS allegedly returned the guns to tion must be a bona fide religious orga- the religious workers provisions of the Mr. Hollingsworth on September 23, nization or an affiliate of one, and Immigration and Nationality Act. The 1997, while he was still on supervised must be certified or eligible to be cer- letter read as follows: probation. This reckless act could have tified under Section 501(c)(3) of the In- DEAR SENATOR ABRAHAM: I am writing to put a probation officer in harm’s way. ternal Revenue Code. Religious work- ask you to help us in solving a very urgent We also learned that Mr. Hollings- ers must have two years work experi- problem. My Sisters in New York have told worth was under investigation by the ence to qualify for an immigrant visa. me that the law which allows the Sisters to apply for permanent residence in the United IRS in November 1983 for perjury. That Prior to 1990, churches, synagogues, mosques, and their affiliated organiza- States expires on September 30, 1997. Please, very same month—November 1983, he will you do all that you can to have that law was hired by DCIS to be the agent in tions experienced significant difficul- extended so that all Religious will continue charge of the Chicago Field Office. ties in trying to gain admission for a to have the opportunity to be permanent The IRS concluded Mr. Hollingsworth much needed minister or other indi- residents and serve the people of your great had ‘‘committed perjury during rebut- vidual necessary to provide religious country. tal testimony.’’ On December 5, 1983, services to their communities. How- It means so much to our poor people to the IRS referred the matter to the U.S. ever, this improvement in the law in have Sisters who understand them and their 1990 was not made permanent and, as culture. It takes a long time for a Sister to Attorney in New Orleans for prosecu- understand the people and a culture, so now tion. such, has required reauthorization our Society wants to keep our Sisters in Mr. President, how could DCIS hire every two or three years, which has their mission countries on a more long term Mr. Hollingsworth under such ques- created uncertainly among religious basis. Please help us and our poor by extend- tionable circumstances? organizations. ing this law.

VerDate 20-MAR-2000 04:35 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.045 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2619 I am praying for you and the people of In an effort to repeal the limitation 2006, when the date of registry would be Michigan. My Sisters serve the poor in De- on judicial jurisdiction imposed by January 1, 1991. Limiting this annual, troit where we have a soup kitchen and night Section 377 of the Illegal Immigration automatic change to five years will shelter for women. Let us all thank God for Reform and Immigrant Responsibility allow the Congress to examine both the this chance to serve His poor. Act of 1996, I introduced S. 1552, the positive and negative effects of a roll- Signed: MOTHER TERESA. Legal Amnesty Restoration Act of 1999. ing date of registry and make an in- My office received this letter only a In addition to repealing Section 377, S. formed decision on reauthorization. few weeks before her death. In honor of 1552 would also change the date of reg- Mr. President, as I stated when I in- her great deeds for humanity I hope istry for those immigrants seeking le- troduced S. 1552 last year, I don’t pre- that this year we can finally extend galized, documented status in the tend that this legislation will solve all the religious workers provisions of the United States from January 1, 1972, to the problems of our immigration and INA permanently. January 1, 1984. The legislation I am legalization procedures. However, we Mr. President, I ask unanimous con- introducing today focuses on this as- have an obligation to face our prob- sent that the text of the bill be printed pect of last year’s legislation, and lems, and the reality is that there are in the RECORD. would change the date of registry from many, many undocumented immi- There being no objection, the bill was January 1, 1972, to January 1, 1986. grants who live in this country who ordered to be printed in the RECORD, as The date of registry exists as a mat- would be much more productive con- follows: ter of public policy, with the recogni- tributors to American society if they S. 2406 tion that immigrants who have re- were legal residents, workers and tax- Be it enacted by the Senate and House of Rep- mained in the country continuously for payers. We know this to be true, as evi- resentatives of the United States of America in an extended period of time—in some denced by the thousands of immigrants Congress assembled, cases, up to thirty years—are highly in Southern Nevada whose status had SECTION 1. SHORT TITLE. unlikely to leave. Today, we must ac- yet to be adjusted, but were working This Act may be cited as the ‘‘Mother Te- cept the reality that many of the peo- legally and paying taxes—in some in- resa Religious Workers Act’’. ple living in the United States are un- stances for more than ten years—when SEC. 2. PERMANENT AUTHORITY FOR ENTRY documented immigrants who have been their employment permits were re- INTO UNITED STATES OF CERTAIN voked as a result of the 1996 IIRA IRA here for quite a long time. Con- RELIGIOUS WORKERS. legislation. I have met with many of sequently, many people living in this Section 101(a)(27)(C)(ii) of the Immigration these people on several occasions and I and Nationality Act (8 U.S.C. country do not pay their fair share of have witnessed, firsthand, their pain 1101(a)(27)(C)(ii)) is amended by striking ‘‘be- taxes because they are unable to work fore October 1, 2000,’’ each place it appears. and genuine suffering. Good people who legally. Furthermore, the businesses have worked hard and paid their taxes who employ these undocumented per- By Mr. REID (for himself and Mr. in order to live the American dream sons also do not pay their fair share of KENNEDY): only to see their efforts turn into a taxes. These are the facts, and coupled S. 2407. A bill to amend the Immigra- nightmare. with the knowledge that we can’t sim- tion and Nationality Act with respect As I stated when I introduced S. 1552 ply solve this problem by wishing that to the record of admission for perma- last year, I don’t pretend that my leg- it will go away, is the reality we must nent residence in the case of certain islation will solve all the problems of face when considering our immigration aliens; to the Committee on the Judici- immigration and legalization policies. policies. ary. However, we must face these problems We last changed the date of registry head on, and that is precisely my in- DATE OF REGISTRY ACT OF 2000 in 1986, with the passage of the Immi- tent in introducing this legislation Mr. REID. Mr. President, I rise today gration Reform and Control Act, which today. along with the Senior Senator from changed the date to January 1, 1972. In Massachusetts, Mr. KENNEDY, to intro- doing so, the 99th Congress employed By Mr. BINGAMAN (for himself duce the Date of Registry Act of 2000. the same rationale I have outlined and Mr. INOUYE): The Date of Registry Act of 2000, above in support of a registry date S. 2408. A bill to authorize the Presi- complements similar legislation I in- change. Furthermore, I have mirrored dent to award a gold medal on behalf of troduced last year in an effort to fix a the 99th Congress in another, critical the Congress to the Navajo Code Talk- terrible mistake made by the Congress aspect, by establishing an approximate ers in recognition of their contribu- in 1996. Tucked into the massive piece fifteen-year differential between the tions to the Nation; to the Committee of legislation known as IIRA IRA, the date of enactment and the updated on Banking, Housing, and Urban Af- Illegal Immigration Reform and Immi- date of registry. fairs. grant Responsibility Act of 1996, was an Mr. President, I should note one HONORING THE NAVAJO CODE TALKERS ACT obscure, but lethal, provision which more thing about the Immigration Re- Mr. BINGAMAN. Mr. President, I rise stripped the federal courts of jurisdic- form and Control Act of 1986. That leg- today to introduce important legisla- tion to adjudicate legalization claims islation which last changed the date of tion, recognizing the heroic contribu- against the Immigration and Natu- registry was passed by a Democratic tions of a group of Native American ralization Service. Most troubling is House of Representatives and a Repub- soldiers who served in the Pacific the- the fact that this provision nullified le- lican Senate, and was signed into law ater during the second World War. This gitimate claims based upon substan- by President Reagan. I mention these legislation will authorize the President tiated evidence that the Immigration facts to highlight my hope that sup- of the United States to award a gold and Nationalization Service had by- port for this legislation will be bi-par- medal, on behalf of the Congress, to passed Congressional intent in denying tisan and based upon our desire to en- each of the original twenty-nine Nav- benefits to certain undocumented per- sure fundamental fairness as a matter ajo Code Talkers, as well as a silver sons who have come to be known as the of public policy in this country. medal to each man who later qualified ‘‘late amnesty’’ class of immigrants. Finally, the legislation I am intro- as a Navajo Code Talker (MOS 642). Through this limitation, Section 377 of ducing today builds upon the fifteen These medals are to express recogni- IIRA IRA has caused significant hard- year differential standard established tion by the United States of America ships, and denied due process and fun- in the 1986 reform legislation by imple- and its citizens of the Navajo Code damental fairness, for hundreds of menting a ‘‘rolling registry’’ date Talkers who distinguished themselves thousands of hard working immigrants, which would sunset in five years with- in performing a unique, highly success- including several thousand in my home out Congressional reauthorization. In ful communications operation that State of Nevada. These are good, hard- other words, on January 2002, the date greatly assisted in saving countless working people who have been in the of registry would automatically change lives and in hastening the end of the United States and had been paying to January 1, 1987, thereby maintaining war in the Pacific. taxes for more than ten years, who sud- the fifteen year differential. The date It has taken too long to properly rec- denly lost their jobs and the ability to of registry would continue to change ognize these soldiers, whose achieve- support their families. on a rolling basis through January 1, ments have been obscured by twin veils

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.038 pfrm12 PsN: S12PT1 S2620 CONGRESSIONAL RECORD — SENATE April 12, 2000 of secrecy and time. As they approach had been discouraged from speaking S. 2408 the final chapter of their lives, it is their own language, stepped forward Be it enacted by the Senate and House of Rep- only fitting that the nation pay them and developed the most significant and resentatives of the United States of America in this honor. That’s why I am intro- successful military code of the time: Congress assembled, ducing this legislation today—to salute This Code was so successful that SECTION 1. SHORT TITLE. these brave and innovative Native military commanders credited the This Act may be cited as the ‘‘Honoring Americans, to acknowledge the great Code in saving the lives of countless the Navajo Code Talkers Act’’ contribution they made to the Nation American soldiers and the successful SEC. 2. FINDINGS. at a time of war, and to finally give engagements of the U.S. in the battles Congress finds the following: (1) On December 7, 1941, the Japanese Em- them their rightful place in history. of Guadalcanal, Tarawa, Saipan, Iwo pire attacked Pearl Harbor and war was de- With each new successive generation Jima, and Okinawa. At Iwo Jima, clared by the Congress the following day. of Americans, blessed as we are in this Major Howard Connor, 5th Marine Divi- (2) The military code, developed by the time of relative peace and prosperity, sion signal officer, declared, ‘‘Were it United States for transmitting messages, it is easy to forget what the world was not for the Navajos, the Marines would had been deciphered by the Japanese and a like in the early 1940’s. The United never have taken Iwo Jima.’’ Major search by U.S. Intelligence was made to de- States was at war in Europe, and on Connor had six Navajo code talkers velop new means to counter the enemy. December 7, 1941, we were faced with a working around the clock during the (3) The United States government called second front as the Japanese Empire first 48-hours of the battle. Those six upon the Navajo Nation to support the mili- tary effort by recruiting and enlisting twen- attacked Pearl Harbor. sent and received over 800 messages, all ty-nine (29) Navajo men to serve as Marine One of the intelligence weapons the without error; Corps Radio Operators; the number of enlist- Japanese possessed was an elite group This Code was so successful that ees later increased to over three-hundred and of well-trained English speaking sol- some Code Talkers were guarded by fel- fifty. diers, used to intercept U.S. commu- low marines whose role was to kill (4) At the time, the Navajos were second- nications, then sabotage the message them in case of imminent capture by class citizens, and they were a people who or issue false commands to ambush the enemy; and finally, were discouraged from using their own lan- American troops. Military code became It was so successful that the Depart- guage. more and more complex—at Guadal- ment of Defense kept the Code secret (5) The Navajo Marine Corps Radio Opera- tors, who became known as the Navajo Code canal, military leaders complained for 23 years after the end of World War Talkers, were used to develop a code using that it took 21⁄2 hours to send and de- II, when it was finally declassified. their language to communicate military code a single message. And there, Mr. President, is the foun- messages in the Pacific. The idea to use Navajo for secure dation of the problem. (6) To the enemy’s frustration, the code de- communications came from Philip If their achievements had been hailed veloped by these Native Americans proved to Johnson. Johnson was the son of a mis- at the conclusion of the war, proper be unbreakable and was used extensively sionary, raised on the Navajo reserva- honors would have been bestowed at throughout the Pacific theater. tion, and one of the few non-Navajos that time. But the Code Talkers were (7) The Navajo language, discouraged in who spoke their language fluently. But sworn to secrecy, an oath they kept the past, was instrumental in developing the and honored, but at the same time, one most significant and successful military he was also a World War I veteran, and code of the time. At Iwo Jima alone, they knew of the military’s search for a that robbed them of the very accolades passed over 800 error-free messages in a 48- code that would withstand all attempts and place in history they so rightly de- hour period; to decipher it. Johnson believed Navajo served. Their ranks include veterans of (a) So successful, that military com- answered the military requirement for Guadalcanal, Saipan, Iwo Jima, and manders credited the Code in saving the lives an undecipherable code because Navajo Okinawa; they gave their lives at New of countless American soldiers and the suc- is an unwritten language of extreme Britain, Bougainville, Guam, and cessful engagements of the U.S. in the bat- complexity. In early 1942, he met with Peleliu. But, while the bodies of their tles of Guadalcanal, Tarawa, Saipan, Iwo fallen comrades came home, simple Jima, and Okinawa; the Commanding General of Amphib- (b) So successful, that some Code Talkers ious Corps, Pacific Fleet, and his staff messages of comfort from those still were guarded by fellow marines whose role to convince them of the value of the fighting to relatives back home on the was to kill them in case of imminent capture Navajo language as code. In one of his reservations were prohibited by the by the enemy; tests, he demonstrated that Navajos very secrecy of the code’s origin. And (c) So successful, that the code was kept could encode, transmit, and decode a at the end of the war, these unsung he- secret for 23 years after the end of World War three-line English message in 20 sec- roes returned to their homes on buses— II. onds. Twenty-seconds! no parades, no fanfare, no special rec- (8) Following the conclusion of World War Convinced, the Marine Corps called ognition for what they had truly ac- II, the U.S. Department of Defense main- complished—because while the war was tained the secrecy of the Navajo code until it upon the Navajo Nation to support the was declassified in 1968; only then did a real- military effort by recruiting and en- over, their duty—their oath of se- ization of the sacrifice and valor of these listing Navajo men to serve as Marine crecy—continued. The secrecy sur- brave Native Americans emerge from his- Corps Radio Operators. These Navajo rounding the code was maintained tory. Marines, who became known as the until it was declassified in 1968—only SEC. 3. CONGRESSIONAL GOLD MEDAL. Navajo Code Talkers, used the Navajo then did a realization of the sacrifice (a) PRESENTATION AUTHORIZED.—The Presi- language to develop a unique code to and valor of these brave Native Ameri- dent is authorized to award to each of the communicate military messages in the cans emerge from history. original twenty-nine Navajo Codes Talkers, South Pacific. True to Phillip John- For the countless lives they helped or a surviving family member, on behalf of son’s prediction, and the enemy’s frus- save, for this contribution that helped the Congress, a gold medal of appropriate de- speed the Allied victory in the Pacific, sign, honoring the Navajo Codes Talkers. tration, the code developed by these The President is further authorized to award Native Americans proved unbreakable I believe they succeeded beyond all ex- to each man who qualified as a Navajo Code and was used throughout the Pacific pectations. Talker (MOS 642), or a surviving family theater. Through the enactment of this bill, member, a silver medal with suitable em- Their accomplishment was even more the recognition for the Navajo Code blems and devices. These medals are to ex- heroic given the cultural context in Talkers will be delayed no longer, and press recognition by the United States of which they were operating: they will finally take their place in America and its citizens in honoring the The Navajos were second-class citi- history they so rightly deserve. Navajo Code Talkers who distinguished zens and were discouraged from using To this end, I urge my colleagues to themselves in performing a unique, highly their own language; and support the bill. successful communications operation that They were living on reservations, as Mr. President, I ask for unanimous greatly assisted in saving countless lives and in hastening the end of the World War II in many still are today, yet they volun- consent that the bill be printed in the the Pacific. teered to serve, protect, and defend the RECORD. (b) DESIGN AND STRIKING.—For the pur- very power that put them there. There being no objection, the bill was poses of the award referred to in subsection But the Navajo, a people subjected to ordered to be printed in the RECORD, as (a), the Secretary of the Treasury (in this alienation in their own homeland, who follows: Act referred to as the ‘Secetary’) shall strike

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a gold medal with suitable emblems, devices, (b) AMENDMENT OF TITLE 49, UNITED STATES the method of pipeline construction or in- and inscriptions, to be determined by the CODE.—Except as otherwise expressly pro- stallation, and the possible flaw growth of Secretary. vided, whenever in this Act an amendment new and existing defects. In considering the SEC. 4. DUPLICATE MEDALS. or repeal is expressed in terms of an amend- potential for development of new defects The Secretary may strike and sell dupli- ment to, or a repeal of, a section or other from outside force damage, an operator shall cates in bronze of the gold medal struck pur- provision, the reference shall be considered consider information available about current suant to section 2 under such regulations as to be made to a section or other provision of or planned excavation activities and the ef- the Secretary may prescribe, and at a price title 49, United States Code. fectiveness of damage prevention programs sufficient to cover the costs thereof, includ- (c) TABLE OF CONTENTS.— in the area. ing labor, materials, dies, use of machinery, Sec. 1. Short title; amendment of title 49, ‘‘(B) An operator shall adopt standards and overhead expenses, and the cost of the United States Code; table of under this section that provide an equivalent gold medal. contents. minimum level of protection as that pro- vided by the applicable level established by SEC. 5. STATUS AS NATIONAL MEDALS. Sec. 2. Additional pipeline protections. national consensus standards organizations. The medals struck pursuant to this Act are Sec. 3. Community right to know and emer- gency preparedness. ‘‘(C) An operator shall implement pressure national medals for purposes of chapter 51 of testing and other integrity management title 31, United States Code. Sec. 4. Enforcement. Sec. 5. Underground damage prevention. techniques in a manner that does not in- SEC. 6. FUNDING. Sec. 6. Enhanced ability of states to oversee crease environmental or safety risks, such as (a) AUTHORITY TO USE FUND AMOUNTS.— operator activities. by use of petroleum for pressure testing. There is authorized to be charged against the Sec. 7. Improved data and data availability. ‘‘(4) AUTHORITY FOR ADDITIONAL STAND- United States Mint Public Enterprise Fund Sec. 8. Enhanced investigation authorities. ARDS.—The Secretary shall prescribe addi- an amount not to exceed $30,000 to pay for Sec. 9. International authority. tional standards to direct an operator’s con- the cost of the medals authorized by this Sec. 10. Risk management demonstration duct of a risk analysis or adoption or imple- Act. program. mentation of a program for integrity man- (b) PROCEEDS OF SALE.—Amounts received Sec. 11. Support for innovative technology agement. These standards shall address the from the sale of duplicate bronze medals development. type or frequency of inspection or testing re- under section 3 shall be deposited in the Sec. 12. Authorization of appropriations. quired, the manner in which it is conducted, United States Mint Public Enterprise Fund. the criteria used in analyzing results, the SEC. 2. ADDITIONAL PIPELINE PROTECTIONS. types of information sources that must be By Mr. HOLLINGS (for himself (a) Section 60109 is amended by adding at integrated as well as the manner of integra- the end the following: and Mr. SARBANES) (by request): tion, the nature and timing of actions se- ‘‘(c) OPERATOR’S RISK ANALYSIS AND PRO- S. 2409. A bill to provide for enhanced lected to address integrity issues, and such GRAM FOR INTEGRITY MANAGEMENT.— other factors as appropriate to assure that safety and environmental protection in (1) GENERAL REQUIREMENT.—Within 1 year pipeline transportation, and for other the integrity of the pipeline facility is ad- after the Secretary, in consultation with the dressed and that appropriate mitigative purposes; to the Committee on Com- Administrator of the Environmental Protec- measures are adopted to protect areas identi- merce, Science, and Transportation. tion Agency, establishes criteria under sub- fied under subsection (a)(1). The Secretary PIPELINE SAFETY AND COMMUNITY PROTECTION section (a)(1) of this section, an operator of a may also prescribe standards that require an ACT OF 2000 natural gas transmission pipeline facility or owner or operator of a natural gas trans- Mr. HOLLINGS. Mr. President, I am hazardous liquid pipeline facility shall evalu- mission or hazardous liquid pipeline facility ate the risks to the operator’s pipeline facil- pleased to introduce the Pipeline Safe- to include in the program of integrity man- ity in the areas identified by these criteria agement changes to valves or the establish- ty and Community Protection Act of and shall adopt and implement a program for ment or modification of systems that mon- 2000 on behalf of the administration. integrity management that reduces the risks itor pressure and detect leaks based on the Yesterday, Vice President GORE trans- in those areas. risk analysis the operator conducts, and the mitted this proposal to the Congress, ‘‘(2) STANDARDS FOR PROGRAM.—An oper- use of emergency flow restricting devices. and requested introduction and referral ator shall include at least the following in ‘‘(5) MONITORING IMPLEMENTATION.—A risk of the bill to the appropriate com- the program for integrity management: analysis and program for integrity manage- mittee. The purpose of this legislation ‘‘(A) internal inspection or another equally ment required under this section shall be re- protective method, such as pressure testing, is to provide for enhanced safety and viewed by the Secretary of Transportation as that represents use of the best achievable an element of Departmental inspections, and environmental protection in pipeline technology and that directly assesses the in- the analysis and program, as well as the transportation. tegrity of the pipeline on a periodic basis records demonstrating implementation, The Senate Committee on Com- that is commensurate to the risk to people shall be made available to the Secretary on merce, Science, and Transportation and the environment of the pipeline being in- request under section 60117.’’. held a field hearing in Bellingham, spected; (b) Section 60102 is amended— Washington, last month on pipeline ‘‘(B) clearly defined criteria for evaluating (1) by striking ‘‘facilities.’’ in subsection safety. In addition, I expect the com- and acting on the results of the inspection or (e)(2) and inserting ‘‘facilities, not including testing done under subparagraph (A); mittee to hold another hearing on pipe- tanks incidental to pipeline transpor- ‘‘(C) an analysis on a continuing basis that tation.’’; line safety reauthorization within the integrates all available information about (2) by striking paragraph (2) of subsection next month. Senator MURRAY has in- the integrity of the pipeline or the con- (f); troduced a pipeline safety bill and it is sequences of a release; (3) by striking ‘‘(1)’’ in subsection (f); my understanding that an additional ‘‘(D) prompt actions to address integrity (4) by redesignating subparagraphs (A) and pipeline safety bill is to be introduced issues raised by the analysis required by sub- (B) of subsection (f)(1) (as such subsection by Chairman MCCAIN today. I am inter- paragraph (C); was in effect before its amendment by para- ested in reviewing all of the bills and ‘‘(E) measures that prevent and mitigate graph (3) of this subsection) as paragraphs (1) the consequences of a release and, in the case look forward to the committee’s action and (2), respectively; of a release of a hazardous substance or dis- (5) by striking paragraph (2) of subsection on pipeline safety reauthorization in charge of oil, are consistent with the Na- (j) and redesignating paragraph (3) as para- the coming months. tional Contingency Plan, including leak de- graph (2); and Mr. President, I request unanimous tection, integrity evaluation, emergency (6) by adding at the end thereof the fol- consent that the legislation be printed flow restricting devices, and other preven- lowing: in the RECORD. tion, detection, and mitigation measures ‘‘(m) INTEGRITY MANAGEMENT REGULA- There being no objection, the bill was that are appropriate for the protection of TIONS.— human health and the environment; and ‘‘(1) Not later than December 31, 2000, the ordered to be printed in the RECORD, as ‘‘(F) consideration of the consequences of Secretary shall issue final regulations au- follows: hazardous liquid releases. thorized by this section and sections 60104, S. 2409 ‘‘(3) CRITERIA FOR PROGRAM STANDARDS.— 60108, and 60109 for the implementation of an Be it enacted by the Senate and House of Rep- ‘‘(A) In deciding how frequently the inspec- integrity management program by operators resentatives of the United States of America in tion or testing under paragraph (2)(A) must of more than 500 miles of hazardous liquid Congress assembled, be conducted, an operator shall take into ac- pipelines. SECTION 1. SHORT TITLE; AMENDMENT OF TITLE count the potential for the development of ‘‘(2) Not later than 2 years after the date of 49, UNITED STATES CODE; TABLE OF new defects, the operational characteristics enactment of the Pipeline Safety and Com- CONTENTS. of the pipeline, including age, operating munity Protection Act of 2000, the Secretary (a) SHORT TITLE.—This Act may be cited as pressure, block valve location, and spill his- shall issue final regulations that extend the the ‘‘Pipeline Safety and Community Protec- tory, the location of areas identified under requirements imposed by the regulations de- tion Act of 2000’’. subsection (a)(1), any known deficiencies of scribed in paragraph (1) to every operator of

VerDate 20-MAR-2000 04:35 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.041 pfrm12 PsN: S12PT1 S2622 CONGRESSIONAL RECORD — SENATE April 12, 2000 a hazardous liquid pipeline or natural gas hazardous liquid pipeline facility shall ini- 60116 shall be deemed to impose a new duty transmission pipeline subject to the jurisdic- tiate and maintain liaison with the State on State or local emergency responders or tion of this chapter. In the event that the emergency response commissions, and local local emergency planning committees.’’. Secretary fails to fulfill this requirement emergency planning committees in the areas (g) The analysis for chapter 601 is amended within two years, all the requirements im- of pipeline right-of-way, established under by striking the item relating to section 60116 posed by the regulations described in para- section 301 of the Emergency Planning and and inserting the following: graph (1) shall, on the date that is two years Community Right-To-Know Act of 1986 (42 ‘‘60116. Community right to know’’. U.S.C. 11001) in each State in which it oper- after the enactment of this subsection, apply SEC. 4. ENFORCEMENT. to every operator of a hazardous liquid pipe- ates. An operator shall, when requested, (a) GENERAL AUTHORITY.—Section 60112 is line or natural gas transmission pipeline make available to the State emergency re- sponse commissions and local emergency amended— subject to the jurisdiction of this chapter. (1) by striking all after ‘‘if the Secretary’’ ‘‘(3) Not later than 3 years after the date of planning committees the information de- scribed in section 60102(d), any program for in subsection (a) and inserting ‘‘decides enactment of the Pipeline Safety and Com- that— munity Protection Act of 2000— integrity management developed under sec- tion 60109(c), and information about imple- ‘‘(1) operation of the facility is or would be ‘‘(A) the Secretary shall complete an as- hazardous to life, property, or the environ- sessment and evaluation of the effects on mentation of that program and about the risks the program is designed to address. In ment; or safety and the environment of extending all ‘‘(2) the facility is or would be constructed of the requirements mandated by the regula- a community without a local emergency planning committee, the operator shall or operated, or a component of the facility is tions described in paragraph (1) to additional maintain liaison with the local fire, police, or would be constructed or operated, with areas; and other emergency response agencies. equipment, material, or a technique that the ‘‘(B) the Secretary shall promptly make a ‘‘(c) PUBLIC AVAILABILITY OF REPORTS.— Secretary decides is hazardous to life, prop- Secretarial determination as to the effect on The Secretary shall make available to the erty, or the environment.’’; safety and the environment of extending the public a safety-related condition report filed (2) by striking ‘‘is hazardous’’ in sub- requirements imposed by the regulations de- by an operator under section 60102(h) and a section (d) and inserting ‘‘is or would be haz- scribed in paragraph (1) to additional areas report of a pipeline incident filed by an oper- ardous’’; and using the best achievable technology; and ator under this chapter. (3) by adding at the end the following: ‘‘(C) based on the determination described ‘‘(d) ACCESS TO INTEGRITY MANAGEMENT ‘‘(f) OPTIONAL WAIVER OF NOTICE AND HEAR- in subparagraph (B), the Secretary shall PROGRAM INFORMATION.—The Secretary shall ING REQUIREMENTS.—If the Secretary decides promptly promulgate regulations that would prescribe requirements for public access to that a facility may present a hazard under provide measurable improvements to safety integrity management program information subsection (a)(1) or (2), the Secretary may or the environment in these areas by extend- prepared under this chapter. waive the notice and hearing requirements ing regulatory requirements at least as pro- ‘‘(e) AVAILABILITY OF MAPS.— in subsection (a) and request the Attorney tective to these areas.’’. ‘‘(1) The owner or operator of each inter- General to bring suit on behalf of the United (f) Section 60118(a) is amended— state gas pipeline facility shall provide, at States in an appropriate district court to ob- (1) by striking ‘‘and’’ at the end of para- least annually, to the governing body of each tain an order to restrain the operator of the graph (2); municipality in which the interstate gas facility from such operation, or to take such (2) striking ‘‘title.’’ in paragraph (3) and in- pipeline facility is located, a map identifying other action as may be necessary, or both.’’. serting ‘‘title; and’’; and the location of the facility. (b) CIVIL PENALTIES.—Section 60122 is (3) adding at the end the following: ‘‘(2) Not later than 1 year after the date of amended— ‘‘(4) conduct a risk analysis and prepare enactment of the Pipeline Safety and Com- (1) by striking ‘‘$25,000’’ in subsection (a)(1) and carry out a program for integrity man- munity Protection Act of 2000, and annually and ‘‘$500,000’’ and substituting ‘‘$100,000’’ agement for pipeline facilities in certain thereafter, the owner or operator of each and ‘‘$1,000,000’’, respectively; and areas as required under section 60109(c).’’. hazardous liquid pipeline facility shall pro- (2) by adding at the end of subsection (a)(1) (g) Section 60104(b) is amended by striking vide to the governing body of each munici- ‘‘The maximum civil penalty for a related ‘‘adopted.’’ and inserting ‘‘adopted, unless pality in which the pipeline facility is lo- series of violations does not apply to a judi- the Secretary determines that application of cated, a map identifying the location of such cial enforcement action under section 60120 the standard is necessary for safety or envi- facility. or 60121.’’; and ronmental protection.’’. ‘‘(f) EFFECTIVENESS OF PUBLIC SAFETY AND (3) by striking subsection (b) and inserting PUBLIC EDUCATION PROGRAMS.— SEC. 3. COMMUNITY RIGHT TO KNOW AND EMER- the following: GENCY PREPAREDNESS. ‘‘(1) The Secretary shall survey and assess ‘‘(b) PENALTY CONSIDERATIONS.—In deter- (a) Section 60116 is amended to read as fol- the public education programs under this mining the amount of a civil penalty under lows: section and the public safety programs under this section— § 60116. Community right to know section 60102(c) and determine their effec- ‘‘(1) the Secretary shall consider— tiveness and applicability as components of ‘‘(a) PUBLIC EDUCATION PROGRAMS.— ‘‘(A) the nature, circumstances, and grav- ‘‘(1) Each owner or operator of a gas or haz- a model program. The survey shall include ity of the violation, including adverse im- ardous liquid pipeline facility shall carry out the methods by which operators notify resi- pact on the environment; a continuing program to educate the public dents of the location of the facility and its ‘‘(B) with respect to the violator, the de- on the use of a one-call notification system right of way, public information regarding gree of culpability, any history of prior vio- prior to excavation and other damage pre- existing One-Call programs, and appropriate lations, the ability to pay, any effect on abil- vention activities, the possible hazards asso- procedures to be followed by residents of af- ity to continue doing business; and ciated with unintended releases from the fected municipalities in the event of acci- ‘‘(C) good faith in attempting to comply; pipeline facility, the physical indications dents involving interstate gas pipeline facili- and that such a release may have occurred, what ties. ‘‘(2) the Secretary may consider— ‘‘(2) In issuing standards for public safety steps should be taken for public safety in the ‘‘(A) the economic benefit gained from the programs under section 60102(a) or for public event of a pipeline release, and how to report education programs under this section, the violation without any discount because of such an event. Secretary shall consider the results of the subsequent damages; and ‘‘(2) Within 1 year after the date of enact- survey and assessment done under paragraph ‘‘(B) other matters that justice requires.’’. ment of the Pipeline Safety and Community (1). (c) EXCAVATOR DAMAGE.—Section 60123(d) Protection Act of 2000, each owner or oper- ‘‘(3) The Secretary may provide technical is amended— ator of a gas or hazardous liquid pipeline fa- assistance to the pipeline industry on devel- (1) by striking ‘‘knowingly and willfully’’; cility shall review its existing public edu- oping public safety and public education pro- (2) by inserting ‘‘knowingly and willfully’’ cation program for effectiveness and modify gram content and best practices for program before ‘‘engages’’ in paragraph (1); and the program as necessary. The completed delivery, and on evaluating the effectiveness (3) striking paragraph (2)(B) and inserting plan shall be reviewed by the Secretary of of the programs. The Secretary may also the following: Transportation as an element of Depart- provide technical assistance to State and ‘‘(B) a pipeline facility, is aware of dam- mental inspections. local officials in applying practices devel- age, and does not report the damage prompt- ‘‘(3) The Secretary may issue standards oped in these programs to their activities.’’. ly to the operator of the pipeline facility and prescribing the details of a public education (d) Section 60102(c) is amended by striking to other appropriate authorities; or’’. program and providing for periodic review of paragraph (4). (d) CIVIL ACTIONS.—Section 60120(a)(1) is the effectiveness and modification as needed. (e) Section 60102(h)(2) is amended by strik- amended to read as follows: The Secretary may also develop material for ing ‘‘authorities.’’ and inserting ‘‘officials, ‘‘(1) On the request of the Secretary of use in the program. including the local emergency responders, Transportation, the Attorney General may ‘‘(b) LIAISON WITH STATE AND LOCAL EMER- and appropriate on-scene coordinators for bring a civil action in an appropriate district GENCY RESPONSE ENTITIES.—Within 1 year the area contingency plan or sub-area con- court of the United States to enforce this after the date of enactment of the Pipeline tingency plan.’’. chapter, including section 60112 of this chap- Safety and Community Protection Act of (f) Section 60120(c) is amended by adding at ter, or a regulation prescribed or order 2000, an operator of a gas transmission or the end the following: ‘‘Nothing in section issued under this chapter. The court may

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.043 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2623 award appropriate relief, including a tem- state pipeline transportation by the State pository through cooperative arrangements, porary or permanent injunction, punitive authority; and the Secretary shall make such informa- damages, and assessment of civil penalties ‘‘(C) the program allowing participation of tion available for use by State and local considering the same factors as prescribed the State authority is consistent with the planning and emergency response authorities for the Secretary in an administrative case Secretary’s program for inspection; and and the public.’’. under section 60122.’’. ‘‘(D) the State promotes preparedness and SEC. 8. ENHANCED INVESTIGATION AUTHORI- (e) CITIZEN SUITS.—Section 60121(a)(1) is prevention activities that enable commu- TIES. amended by striking the first sentence and nities to live safely with pipelines.’’. (a) CLARIFICATION OF AUTHORITY.—Section ‘‘However, the’’ and inserting: ‘‘A person (b) Section 60106(d) is amended by inserting 60117(c) is amended by striking ‘‘decide may bring a civil action in an appropriate after the first sentence the following: ‘‘In ad- whether a person is complying with this district court of the United States against a dition, the Secretary may end an agreement chapter and standards prescribed or orders person owning or operating a pipeline facil- for the oversight of interstate pipeline trans- issued under this chapter’’ and inserting ity to enforce compliance with this chapter portation when the Secretary finds that ‘‘carry out the duties and responsibilities of or a standard prescribed or an order issued there are significant gaps in the regulatory this chapter. The Secretary may question an under this chapter. The district court may authority of the State authority over intra- individual about matters relevant to an in- enjoin noncompliance and assess civil pen- state pipeline transportation, or that contin- vestigation, including such matters as the alties considering the same factors as pre- ued participation by the State authority in design, construction, operation, or mainte- scribed for the Secretary in an administra- the oversight of interstate pipeline transpor- nance of the system, the individual’s quali- tive case under section 60122. The’’. tation is not consistent with the Secretary’s fications, or the operator’s response to an SEC. 5. UNDERGROUND DAMAGE PREVENTION. program or would adversely affect oversight emergency’’. (a) Section 60114 is amended by inserting of intrastate pipeline transportation, or that (b) EXPENSES OF INVESTIGATION.—Section after subsection (b) the following: the State is not promoting activities that 60117, as amended by section 7, is further ‘‘(c) CONFORMITY WITH CHAPTER 61.—Regu- enable communities to live safely with pipe- amended by adding at the end the following: lations prescribed by the Secretary under lines.’’. ‘‘(m) EXTRAORDINARY EXPENSES OF INCI- subsection (a) do not apply to a State that (c) STATE GRANTS.—Section 60107 is amend- DENT INVESTIGATION.—The Secretary may, by has a One-Call notification program accepted ed by adding at the end the following: regulation, establish procedures to recover by the Secretary as meeting the minimum ‘‘(e) SPECIAL INVESTIGATION OF INTERSTATE the Secretary’s costs incurred because of in- standards of section 6103 of this title or ap- PIPELINE FACILITIES.— vestigation of incidents from the operators proved by the Secretary as an alternative ‘‘(1) Notwithstanding subsection (a) of this of the pipeline facilities involved in the inci- program under section 6104(c) of this title.’’. section, the Secretary may pay up to 100 per- dents. These costs may include travel costs (b) Section 60102(c) is amended— cent of the cost of the personnel, equipment, and contract support for the investigation (1) by inserting ‘‘or hazardous liquid pipe- and activities of a State authority acting as and monitoring of the corrective measures. line facility’’ before ‘‘participate’’ in para- an agent of the Secretary in conducting a All sums collected shall be deposited into graph (1); and special investigation involved in monitoring the Pipeline Safety Fund and shall be avail- (2) striking paragraph (3). new construction or investigating an inci- able, to the extent and in the amount pro- (c) Section 60104 is amended by adding at dent, on an interstate gas pipeline facility or vided in advance in appropriations acts, to the end the following: an interstate hazardous liquid pipeline facil- reimburse the Secretary for the costs of in- ‘‘(f) STATE ONE-CALL NOTIFICATION LAWS.— ity. vestigation and monitoring of the incidents. Notwithstanding subsection (c) of this sec- ‘‘(2) This subsection shall become effective Such amounts are authorized to be appro- tion, a State may enforce a requirement of a on October 1, 2001.’’. priated to be available until expended.’’. One-Call notification law that satisfies sec- SEC. 7. IMPROVED DATA AND DATA AVAIL- SEC. 9. INTERNATIONAL AUTHORITY. tions 6103 or 6104(c) of this title, or section ABILITY. Section 60117, as amended by section 8, is 60114(a) of this chapter, against an operator (a) REPORT OF RELEASES EXCEEDING 5 GAL- further amended by adding at the end the of an interstate natural gas pipeline facility LONS.—Section 60117(b) is amended— following subsection: or an interstate hazardous liquid pipeline fa- (1) by inserting ‘‘(1)’’ before ‘‘To’’; ‘‘(n) GLOBAL SHARING OF ENVIRONMENTAL cility provided that the requirement sought (2) redesignating paragraphs (1) and (2) as AND SAFETY INFORMATION.—Subject to guid- to be enforced is compatible with the min- subparagraphs (A) and (B); ance and direction of the Secretary of State, imum standards prescribed under this chap- (3) inserting before the last sentence the the Secretary of Transportation is directed ter.’’. following: to support international efforts to share in- (d) Section 60123 is amended by adding at ‘‘(2) A person owning or operating a haz- formation about the risks to the public and the end thereof the following: ardous liquid pipeline facility shall report to the environment from pipelines and the ‘‘(e) MISDEMEANOR FOR NOT USING ONE- the Secretary each release to the environ- means of protecting against those risks. The CALL.—A person shall be fined under title 18, ment greater than five gallons of the haz- extent of support should include a consider- imprisoned for not more than 1 year, or both, ardous liquid or carbon dioxide transported. ation of the benefits to the public from an if the person knowingly engages in an exca- This section applies to releases from pipeline increased understanding by the Secretary of vation activity without first using an avail- facilities regulated under this chapter and technical issues about pipeline safety and able one-call notification system to establish from rural gathering lines not regulated environmental protection and from possible the location of underground facilities in the under this chapter. A report must include improvement in environmental protection excavation area.’’. the location of the release, fatalities and outside the United States.’’. SEC. 6. ENHANCED ABILITY OF STATES TO OVER- personal injuries, type of product, amount of SEE OPERATOR ACTIVITIES. product release, causes of the release, extent SEC. 10. RISK MANAGEMENT DEMONSTRATION PROGRAM. (a) Section 60106(a) is amended— of damage to property and the environment, Section 60126(a) is amended by adding at (1) by inserting ‘‘(1)’’ before ‘‘If’’; and the response undertaken to clean up the the end the following paragraph: (2) redesignating paragraphs (1) and (2) as release. subparagraphs (A) and (B); and ‘‘(3) During the course of an incident inves- ‘‘(3) CONTINUATION OF INDIVIDUAL (3) adding at the end thereof the following: tigation, a person owning or operating a PROJECT.—Without regard to any rec- ‘‘(2) If the Secretary accepts a certification pipeline facility shall make records, reports, ommendations made with respect to the risk under section 60105 of this title, the Sec- and information required under subsection management demonstration program under retary may make an agreement with a State (a) of this section or other reasonably de- subsection (e) of this section, the Secretary authority authorizing it to participate in the scribed records, reports, and information rel- may, by order, allow the continuation of an oversight of interstate pipeline transpor- evant to the incident investigation available individual project begun under this program tation. An agreement shall include a plan for to the Secretary within the time limits pre- beyond the termination of the program, pro- the State authority to participate in special scribed in a written request.’’; and vided the Secretary finds that— investigations involving new construction or (4) inserting ‘‘(4)’’ before ‘‘The Secretary’’. ‘‘(A) the pipeline operator has a clear and incidents. (b) PENALTY AUTHORITIES.— established record of compliance with re- ‘‘(3) An agreement under paragraph (2) may (1) Section 60122(a) is amended by striking spect to safety and environmental protec- also include a program allowing for partici- ‘‘60114(c)’’ and substituting ‘‘60117(b)(3)’’. tion; pation by the State authority in other ac- (2) Section 60123(a) is amended by striking ‘‘(B) the project is achieving superior lev- tivities overseeing interstate pipeline trans- ‘‘60114(c)’’ and substituting ‘‘60117(b)(3)’’. els of public safety and environmental pro- portation that supplement the Secretary’s (c) Section 60117 is amended by adding at tection; and program and address issues of local concern, the end the following: ‘‘(C) the continuation would not extend the provided that the Secretary determines ‘‘(l) NATIONAL DEPOSITORY.—The Secretary project more than four years from the date that— shall establish a national depository of data of the initial approval of the project.’’. ‘‘(A) there are no significant gaps in the on events and conditions, including spill his- SEC. 11. SUPPORT FOR INNOVATIVE TECH- regulatory jurisdiction of the State author- tories and corrective actions for specific in- NOLOGY DEVELOPMENT. ity over intrastate pipeline transportation; cidents, that can be used to evaluate the risk Section 60117, as amended by section 9, is ‘‘(B) implementation of the agreement will of, and to prevent, pipeline failures and re- further amended by adding at the end the not adversely affect the oversight of intra- leases. The Secretary may establish the de- following subsection:

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.043 pfrm12 PsN: S12PT1 S2624 CONGRESSIONAL RECORD — SENATE April 12, 2000 ‘‘(o) SUPPORT FOR INNOVATIVE TECHNOLOGY tractors have recovered more than understand some water users have ex- DEVELOPMENT.— 70,000 gallons of the spilled oil. But re- pressed concerns with this legislation, ‘‘(1) To the extent and in the amount pro- covering or cleaning up the remaining and I want to assure them that the vided in advance in appropriations acts, the oil will be much more difficult and its Water and Power Subcommittee, to Secretary of Transportation shall partici- pate in the development of alternative cumulative impact on the environment which this bill will be referred, will technologies— will not be known for months, if not have a hearing on the legislation so ‘‘(A) in fiscal year 2001 and thereafter, to— years. The Federal and State agencies that they can make their concerns a ‘‘(i) identify outside force damage using in- have an important responsibility to en- part of the record and address them in ternal inspection devices; and sure that Pepco does everything pos- the legislative process. Ensuring the ‘‘(ii) monitor outside-force damage to pipe- sible to clean up the spill and reme- safety of dams under the jurisdiction of lines; and diate the environmental and economic the Bureau of Reclamation is very im- ‘‘(B) In fiscal year 2002 and thereafter, to damage. But an aggressive clean-up ef- portant but is must be done in a way inspect pipelines that cannot accommodate internal inspection devices available on the fort must be accompanied with a com- that ensures safety at Reclamation fa- date of the enactment of the Pipeline Safety prehensive program to prevent such cilities while not causing undue finan- and Community Protection Act of 2000. spills from occurring in the first place. cial hardship for project beneficiaries. I ‘‘(2) The Secretary may support such tech- While the precise cause of this oil leak ask unanimous consent that the letter nological development through cooperative is not yet known and is still under in- of transmittal from the administration agreements with trade associations, aca- vestigation, steps can and must be and a section-by-section of the legisla- demic institutions, or other qualified organi- taken to help detect problems before tion that the administration prepared zations.’’. pipelines fail and to minimize the envi- be printed in the RECORD. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. ronmental and other consequences of a There being no objection, the mate- (a) Section 60125 is amended— failure. (1) by striking subsections (a), (b), (c)(1), rial was ordered to be printed in the and (d) and inserting the following: The Pipeline Safety and Community RECORD, as follows: ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry Protection Act being introduced today U.S. DEPARTMENT OF THE INTERIOR, out this chapter and other pipeline-related would reauthorize and enhance the BUREAU OF RECLAMATION, damage prevention activities of this title U.S. Department of Transportation’s Washington, DC, August 5, 1999. (except for section 60107), there are author- pipeline safety program by increasing Hon. ALBERT GORE, ized to be appropriated to the Department of inspection and testing of pipeline in- President of the Senate, Washington, DC. Transportation— tegrity. It would require pipeline oper- DEAR MR. PRESIDENT: Enclosed is draft leg- ‘‘(1) $30,118,000 for fiscal year 2001; and ators to take extra precautions in pop- islation to increase by $380,000,000 the au- ‘‘(2) such sums as may be necessary for fis- thorized cost ceiling for the Bureau of Rec- cal years 2002, 2003, and 2004. ulated or environmentally sensitive areas, such as the area where the Pepco lamation’s dam safety program authorized ‘‘(b) STATE GRANTS.— program authorized in Public Law 95–578 and ‘‘(1) Not more than the following amounts spill occurred. It would strengthen en- Public Law 98–404. I would appreciate your may be appropriated to the Secretary to forcement authorities by expanding assistance in seeing that this legislation is carry out section 60107: penalties for violations and compliance introduced, referred to the appropriate Con- ‘‘(A) $17,019,000 for fiscal year 2001. monitoring by Federal and State inves- gressional Committee for consideration, and ‘‘(B) Such sums as may be necessary for tigators. It would expand research into enacted. fiscal years 2002, 2003, and 2004.’’; and new technologies for monitoring pipe- The Bureau of Reclamation’s dam safety (2) redesignating subsections (e) and (f) as program is designed to ensure that its facili- subsections (c) and (d), respectively. lines and detecting leaks. Finally, it would strengthen Community-Right- ties are operated in a safe and reliable condi- Mr. SARBANES. Mr. President, I am to-Know and reporting requirements on tion. The purpose of the program is to pro- tect the public, property and natural re- pleased to join with my colleague, Sen- releases and authorize additional fund- ator HOLLINGS, in introducing, by re- sources downstream of Reclamation struc- ing for the Department’s and State tures. quest, the Pipeline Safety and Commu- pipeline safety activities. nity Protection Act of 2000 proposed The Bureau of Reclamation expends ap- Mr. President, this legislation is proximately $60 million per year for dam and announced yesterday by Vice strongly supported by the State of safety purposes and estimates that the exist- President GORE. This legislation is an Maryland and represents a construc- ing $650,000,000 cost ceiling will be exceeded important step forward in improving tive step forward in enhancing safety in Fiscal Year 2001. The enclosed legislation safety and environmental protection in and environmental protection in pipe- is necessary to continue funding this impor- oil and gas pipelines. line transportation. I look forward to tant program. Mr. President, last Friday night, the working with the members of the Com- In addition to increasing the authorized State of Maryland experienced a major merce Committee as they consider this cost ceiling, the legislation would make a oil spill—one its worst spills in many few important changes to the dam safety and other proposals to reauthorize the program. Under existing law, irrigators are years. More than 110,000 gallons of No. pipeline safety program. 2 oil leaked from a pipe at Pepco’s required to pay a portion of the dam safety costs within 50 years without interest. The Chalk Point Generating Station into By Mr. MURKOWSKI (by re- draft bill would amend the statute to charge Swanson Creek in Prince Georges quest): interest on the dam safety costs allocated County. Bad weather and high winds S. 2410. A bill to increase the author- for irrigation purposes, This makes irriga- exacerbated the problem and spread ization of appropriations for the Rec- tion repayment terms for dam safety activi- the spill into the Patuxent River. It lamation Safety of Dams Act of 1978, ties consistent with municipal and industrial has now affected some 8 miles of shore- and for other purposes; to the Com- water supply. line, acres of sensitive wetland habitat, mittee on Energy and Natural Re- Existing law also requires the Bureau of and dozens of wildlife in three counties sources. Reclamation to send a dam modifications re- along the Patuxent. port to Congress for dam safety work costing AUTHORIZATION INCREASE FOR THE more than $750,000. The report must rest be- Six federal agencies—EPA, the U.S. RECLAMATION SAFETY OF DAMS ACT fore Congress for 60 legislative days prior to Coast Guard, Fish and Wildlife Service, Mr. MURKOWSKI. Mr. President, I Reclamation obligating funds for dam safety National Oceanic and Atmospheric Ad- send to the desk, for appropriate ref- construction, The attached legislation would ministration, U.S. Department of erence, legislation submitted by the raise the threshold for a Congressional re- Transportation and the National administration to increase the author- port to $1.2 million, reduce to 30 calendar Transportation Safety Board—are on ization of appropriations for the Bu- days the time required for a dam safety site coordinating clean-up activities reau of Reclamation’s Safety of Dams modification report to rest in Congress prior and investigations into the causes of program. Let me emphasize that I am to Reclamation commencing dam safety re- pair work. the leak. The Maryland Departments of introducing this legislation at the re- A section-by-section analysis of the legis- the Environment and Natural Re- quest of the administration. Neither I lation also is attached. Thank you for your sources have taken steps to protect and nor any other member of the Com- consideration of this request. rehabilitate impacted wildlife and to mittee on Energy and Natural Re- A similar package has been transmitted to restrict harvesting in clam and oyster sources has taken a position on the the Speaker of the House of Representatives. beds in the area. Pepco crews and con- merits of the legislation at this time. I If you have any questions concerning this

VerDate 20-MAR-2000 03:15 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.043 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2625 legislation, please contact James Hess, Act- S. 2411 (8) The recent increase in contracting for ing Chief, Congressional and Legislative Af- Be it enacted by the Senate and House of Rep- the production or sale of agricultural com- fairs Group for the Bureau of Reclamation, resentatives of the United States of America in modities, such as livestock and poultry, is a at 202–208–5840. Congress assembled, cause for concern because of the significant The Office of Management and Budget ad- SECTION 1. SHORT TITLE; TABLE OF CONTENTS bargaining power the buyers of these prod- vises that there is no objection to the pres- (a) SHORT TITLE.—This Act may be cited as ucts or services wield over individual farm- entation of this proposal from the standpoint the ‘‘Farmers and Ranchers Fair Competi- ers and ranchers. of the administration’s program. tion Act of 2000’’. (9) Transparent, freely accessible, and com- Sincerely, (b) TABLE OF CONTENTS.—The table of con- petitive markets are being supplanted by ELUID L. MARTINEZ, tents for this Act is as follows: transfer prices set within vertically inte- Commissioner. Sec. 1. Short title; table of contents. grated firms and by the increasing use of pri- Enclosure Sec. 2. Findings and purposes. vate contracts. SECTION-BY-SECTION ANALYSIS Sec. 3. Definitions. (10) Agribusiness firms are showing record Section (A)(1). Makes Federal dam safety Sec. 4. Prohibitions against unfair practices profits at the same time that farmers and assistance unavailable for costs incurred be- in transactions involving agri- ranchers are struggling to survive an ongo- cause the operating entity does not ade- cultural commodities. ing price collapse and erratic price trends. quately maintain the structure. Sec. 5. Reports of the Secretary on potential (11) The efforts of farmers and ranchers to Section 1(A)(2)(a). Makes the additional unfair practices. improve their market position is hampered $380 million authorized to be appropriated by Sec. 6. Plain language and disclosure re- by— Section 1(B)(1) subject to the 15 percent quirements for contracts. (A) extreme disparities in bargaining Sec. 7. Report on corporate structure. reimbursability requirement. power between agribusiness firms and the Section 1(A(2)(b). Strikes the existing pro- Sec. 8. Mandatory funding for staff. Sec. 9. General Accounting Office study. hundreds of thousands of individual farmers vision that limits repayment of the costs al- and ranchers that sell products to them; located to irrigation to the irrigators’ abil- Sec. 10. Authority to promulgate regula- (B) the rapid increase in the use of private ity to pay. tions. Section 1(A)(2)(c)–(d). Renumbers the sub- SEC. 2. FINDINGS AND PURPOSES. contracts that disrupt price discovery and sections of existing Section 4. (a) FINDINGS.—Congress makes the fol- can unfairly disadvantage producers; Section 1(A)(2)(e). Existing law requires lowing findings: (C) the extreme market power of agri- that dam safety costs allocated to certain (1) Congressional Joint Economic Com- business firms and alleged anticompetitive purposes, including municipal, industrial, mittee data suggests that over the last 15 practices in the industry; and power, but not including irrigation, be years, agribusiness profits have come almost (D) shrinking opportunities for market ac- repaid with interest. This provision includes exclusively out of producer income, rather cess by producers; and irrigation costs among those to be repaid than from increased retail prices. Given the (E) the direct and indirect impact these with interest. Furthermore, costs allocated lack of market power of producers, this data factors have on the continuing viability of to irrigation under this Act should be repaid raises the question of whether the trend has thousands of rural communities across the by the irrigators without assistance from been a natural market development or is in- country. power revenues. stead a sign of market failure. (b) PURPOSES.—The purposes of this Act Section 1(A)(2)(f). Explicitly provides that (2) Most economists agree that in the last are to— costs allocated under this Act to project pur- 15 years the real market price for a market (1) enhance fair and open competition in poses will be repaid with interest and with- basket of food has increased by approxi- rural America, thereby fostering innovation out regard to water users’ ability to pay, mately 3 percent, while the farm value of and economic growth; thereby eliminating any assistance from that food has fallen by approximately 38 per- (2) permit the Secretary to take actions to power users to water users. cent. Over that period, marketing costs have enhance the bargaining position of family Section 1(A)(3). Authorizes the Secretary decreased by 15 percent, which should have farmers and ranchers, and to promote the vi- to use monies received pursuant to a repay- narrowed rather than widened the gap. ability of rural communities nationwide; ment contract at any time prior to comple- (3) protect family farms and ranches tion of the dam safety construction work. (3) There is significant concern that in- creasingly vertically integrated multi- from— Section 1(B)(1). Authorizes the appropria- (A) unfair, unjustly discriminatory, or de- tion of an additional $380 million (indexed national corporations, especially those that ceptive practices or devices; for inflation) for dam safety. own broad biotechnology patents, may be Section 1(B)(2). Increases to $1,200,000 (in- able to exert unreasonable and excessive (B) false or misleading statements; dexed for inflation) the threshold amount of market power in the future by acquiring (C) retaliation related to statements law- triggering when the Bureau of Reclamation companies that own other broad bio- fully provided; and must send a modification report to Congress technology patents. (D) other unfair trade practices employed prior to obligating funds for dam safety con- (4) The National Association of Attorneys by processors and other agribusinesses; and struction. Existing law requires a report for General is very concerned with the high de- (4) permit the Secretary to take actions to any obligation exceeding $750,000. gree of economic concentration in the agri- enhance the viability of rural communities Section 1(B)(3). Reduces from 60 legislative cultural sector and the great potential for nationwide. days to 30 calendar days the time that a dam anticompetitive practices and behavior. SEC. 3. DEFINITIONS. safety modification report must lie before They estimate the top 4 meat packing firms In this Act: Congress before the Bureau of Reclamation control over 80 percent of steer and heifer (1) AGRICULTURAL COMMODITY.—The term can obligate funds for dam safety construc- slaughter, over 55 percent of hog slaughter, ‘‘agricultural commodity’’ has the meaning tion. and over 65 percent of sheep slaughter. In- given the term in section 102 of the Agricul- creased concentration in the dairy procure- tural Trade Act of 1978 (7 U.S.C. 5602). By Mr. DASCHLE (for himself, ment and processing sector is also raising (2) AGRICULTURAL COOPERATIVE.—The term Mr. LEAHY, Mr. HARKIN, Mr. significant concerns. ‘‘agricultural cooperative’’ means an asso- CONRAD, Mr. DORGAN, Mr. JOHN- (5) In the grain industry, United States De- ciation of persons engaged in the production, SON, Mr. FEINGOLD, Mr. KOHL, partment of Agriculture reports that the top marketing, or processing of an agricultural Mr. KERREY, Mr. BAUCUS, Mr. 4 firms controlled 56 percent of flour milling, commodity that meets the requirements of ROCKEFELLER, Mr. WELLSTONE, 73 percent of wet corn milling, 71 percent of the Act of February 18, 1922, ‘‘An Act to au- soybean milling, and 62 percent of cotton thorize association of producers of agricul- Mr. LEVIN, and Mr. JEFFORDS) S. 2411. A bill to enhance competition seed oil milling. tural products’’ (7 U.S.C. 291 et seq.; 42 Stat. (6) Moreover, the figures in paragraphs (4) 388) (commonly known as the ‘‘Capper-Vol- in the agricultural sector and to pro- and (5) underestimate true levels of con- stead Act’’). tect family farms and ranches and centration and potential market power be- (3) BROKER.—The term ‘‘broker’’ means rural communities from unfair, un- cause they fail to reflect the web of unre- any person engaged in the business of negoti- justly discriminatory, or deceptive ported and difficult to trace joint ventures, ating sales and purchases of any agricultural practices by agribusinesses, and for strategic alliances, interlocking direc- commodity in interstate or foreign com- other purposes; to the Committee on torates, and other partial ownership arrange- merce for or on behalf of the vendor or the Agriculture, Nutrition, and Forestry. ments that link many large corporations. purchaser, except that no person shall be FARMERS AND RANCHERS FAIR COMPETITION (7) Concentration of market power also has considered a broker if the person’s sales of ACT OF 2000 the effect of increasing the transfer of in- such commodities are not in excess of Mr. DASCHLE. Mr. President, I ask vestment, capital, jobs, and necessary social $1,000,000 per year. services out of rural areas to business cen- (4) COMMISSION MERCHANT.—The term unanimous consent that the text of the ters throughout the world. Many individuals ‘‘commission merchant’’ means any person bill be printed in the RECORD. representing a wide range of expertise have engaged in the business of receiving in inter- There being no objection, the bill was expressed concern with the potential impli- state or foreign commerce any agricultural ordered to be printed in the RECORD, as cations of this trend for the greater public commodity for sale, on commission, or for or follows: good. on behalf of another, except that no person

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.045 pfrm12 PsN: S12PT1 S2626 CONGRESSIONAL RECORD — SENATE April 12, 2000

shall be considered a commission merchant tage, any person because of statements or in- (4) TEMPORARY INJUNCTION AND FINALITY if the person’s sales of such commodities are formation lawfully provided by such person AND APPEALABILITY OF AN ORDER.— not in excess of $1,000,000 per year. to any person (including to the Secretary or (A) TEMPORARY INJUNCTION.—At any time (5) DEALER.—The term ‘‘dealer’’ means— to a law enforcement agency) regarding al- after a complaint is filed under paragraph (A) any person (except an agricultural co- leged improper actions or violations of law (1), the court, on application of the Sec- operative) engaged in the business of buying, by such dealer, processor, commission mer- retary, may issue a temporary injunction, selling, or marketing agricultural commod- chant, or broker (unless such statements or restraining to the extent it deems proper, ities in wholesale or jobbing quantities, as information are determined to be libelous or the dealer, processor, commission merchant, determined by the Secretary, in interstate or slanderous under applicable State law); or broker and such person’s officers, direc- foreign commerce, except— (5) to include as part of any new or re- tors, agents, and employees from violating (i) no person shall be considered a dealer newed agreement or contract a right of first any of the provisions of subsection (a). with respect to sales or marketing of any ag- refusal, or to make any sale or transaction (B) APPEALABILITY OF AN ORDER.—An order ricultural commodity of that person’s own contingent upon the granting of a right of issued pursuant to this subsection shall be raising provided such sales or marketing of first refusal, until 180 days after the General final and conclusive unless within 30 days such agricultural commodities do not exceed Accounting Office study under section 8 is after service of the order, the dealer, proc- $10,000,000 per year; and complete; or essor, commission merchant, or broker peti- (ii) no person shall be considered a dealer (6) to offer different prices contempora- tions to appeal the order to the court of ap- who buys, sells, or markets less than neously for agricultural commodities of like peals for the circuit in which such person re- $1,000,000 per year of such commodities; and grade and quality (except commodities regu- sides or has its principal place of business or (B) an agricultural cooperative which sells lated by the Perishable Agricultural Com- the District of Columbia Circuit Court of Ap- or markets agricultural commodities of its modities Act (7 U.S.C. 181 et seq.)) unless— peals. members’ own production if such agricul- (A) the commodity is purchased in a public (C) DELIVERY OF PETITION.—The clerk of tural cooperative sells or markets more than market through a competitive bidding proc- the court shall immediately cause a copy of $1,000,000 of its members’ production per year ess or under similar conditions which pro- the petition filed under subparagraph (B) to of such commodities. vide opportunities for multiple competitors be delivered to the Secretary and the Sec- (6) PROCESSOR.—The term ‘‘processor’’ to seek to acquire the commodity; retary shall thereupon file in the court the means— (B) the premium or discount reflects the record of the proceedings under this sub- (A) any person (except an agricultural co- actual cost of acquiring a commodity prior section. operative) engaged in the business of han- to processing; or (D) PENALTY FOR FAILURE TO OBEY AN dling, preparing, or manufacturing (includ- (C) the Secretary has determined that such ORDER.—Any dealer, processor, commission ing slaughtering) of an agricultural com- types of offers do not have a discriminatory merchant, or broker which fails to obey any modity or the products of such agricultural impact against small volume producers. order of the Secretary issued under the pro- commodity for sale or marketing in inter- (b) VIOLATIONS.— visions of this section after such order or state or foreign commerce for human con- such order as modified has been sustained by sumption except— (1) COMPLAINTS.—Whenever the Secretary has reason to believe that any dealer, proc- the court or has otherwise become final, (i) no person shall be considered a proc- shall be fined not less than $5,000 and not essor with respect to the handling, pre- essor, commission merchant, or broker has more than $100,000 for each offense. Each day paring, or manufacturing (including slaugh- violated any provision of subsection (a), the during which such failure continues shall be tering) of an agricultural commodity of that Secretary shall cause a complaint in writing deemed a separate offense. person’s own raising provided such sales or to be served on that person or persons, stat- (5) RECORDS.— marketing of such agricultural commodities ing the charges in that respect, and requir- (A) IN GENERAL.—Every dealer, processor, do not exceed $10,000,000 per year; and ing the dealer, processor, commission mer- commission merchant, and broker shall keep (ii) no person who handles, prepares, or chant, or broker to attend and testify at a for a period of not less than 5 years such ac- manufactures (including slaughtering) an ag- hearing to be held not sooner than 30 days counts, records, and memoranda (including ricultural commodity in an amount less than after the service of such complaint. marketing agreements, forward contracts, $1,000,000 per year shall be considered a proc- (2) HEARING.— and formula pricing arrangements) and fully essor; and (A) IN GENERAL.—The Secretary may hold and correctly disclose all transactions in- (B) an agricultural cooperative which proc- hearings, sign and issue subpoenas, admin- volved in the business of such person, includ- esses agricultural commodities of its mem- ister oaths, examine witnesses, receive evi- ing the true ownership of the business. bers’ own production if such agricultural co- dence, and require the attendance and testi- (B) FAILURE TO KEEP RECORDS OR ALLOW operative processes more than $1,000,000 of mony of witnesses and the production of THE SECRETARY TO INSPECT RECORDS.—Failure its members’ production of such commod- such accounts, records, and memoranda, as to keep, or allow the Secretary to inspect ities per year. the Secretary deems necessary, for the deter- records as required by this paragraph shall (7) SECRETARY.—The term ‘‘Secretary’’ mination of the existence of any violation of constitute an unfair practice in violation of means the Secretary of Agriculture. this subsection. subsection (a)(1). SEC. 4. PROHIBITIONS AGAINST UNFAIR PRAC- (B) RIGHT TO HEARING.—A dealer, processor, (C) INSPECTION OF RECORDS.—The Secretary TICES IN TRANSACTIONS INVOLVING commission merchant, or broker may re- AGRICULTURAL COMMODITIES. quest a hearing if the dealer, processor, com- shall have the right to inspect such ac- (a) PROHIBITIONS.—It shall be unlawful in, mission merchant, or broker is subject to counts, records, and memoranda (including or in connection with, any transaction in penalty for unfair conduct, under this sub- marketing agreements, forward contracts, interstate or foreign commerce for any deal- section. and formula pricing arrangements) of any er, processor, commission merchant, or (C) RESPONDENTS RIGHTS.—During a hear- dealer, processor, commission merchant, and broker— ing the dealer, processor, commission mer- broker as may be material to the investiga- (1) to engage in or use any unfair, unrea- chant, or broker shall be given, pursuant to tion of any alleged violation of this section sonable, unjustly discriminatory, or decep- regulations issued by the Secretary, the or for the purpose of investigating the busi- tive practice or device in the marketing, re- opportunity— ness conduct or practices of an organization ceiving, purchasing, sale, or contracting for (i) to be informed of the evidence against with respect to such dealer, processor, com- the production of any agricultural com- such person; mission merchant or broker. modity; (ii) to cross-examine witnesses; and (c) COMPENSATION FOR INJURY.— (2) to make or give any undue or unreason- (iii) to present evidence. (1) ESTABLISHMENT OF THE FAMILY FARMER able preference or advantage to any par- (D) HEARING LIMITATION.—The issues of any AND RANCHER CLAIMS COMMISSION.— ticular person or locality or subject any par- hearing held or requested under this section (A) IN GENERAL.—The Secretary shall ap- ticular person or locality to any undue or shall be limited in scope to matters directly point 3 individuals to a commission to be unreasonable disadvantage in connection related to the purpose for which such hear- known as the ‘‘Family Farmer and Rancher with any transaction involving any agricul- ing was held or requested. Claims Commission’’ (in this subsection re- tural commodity; (3) REPORT OF FINDING AND PENALTIES.— ferred to as the ‘‘Commission’’) to review (3) to make any false or misleading state- (A) IN GENERAL.—If, after a hearing, the claims of family farmers and ranchers who ment in connection with any transaction in- Secretary finds that the dealer, processor, have suffered financial damages as a result volving any agricultural commodity that is commission merchant, or broker has vio- of any violation of this section as deter- purchased or received in interstate or foreign lated any provisions of subsection (a), the mined by the Secretary pursuant to sub- commerce, or involving any production con- Secretary shall make a report in writing section (b)(3). tract, or to fail, without reasonable cause, to which states the findings of fact and includes (B) TERM OF SERVICE.—The member of the perform any specification or duty, express or an order requiring the dealer, processor, Commission shall serve 3-year terms which implied, arising out of any undertaking in commission merchant, or broker to cease may be renewed. The initial members of the connection with any such transaction or pro- and desist from continuing such violation. Commission may be appointed for a period of duction contract; (B) CIVIL PENALTY.—The Secretary may as- less than 3 years, as determined by the Sec- (4) to retaliate against or disadvantage, or sess a civil penalty not to exceed $100,000 for retary. to conspire to retaliate against or disadvan- each such violation of subsection (a). (2) REVIEW OF CLAIMS.—

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(A) SUBMISSION OF CLAIMS.—Family farm- (A) 15 percent or more of the voting securi- may assess a civil penalty not to exceed ers and ranchers damaged as a result of a ties or assets of the acquired person; or $300,000 for the failure of a person to comply violation of this section as determined by (B) an aggregate total amount of the vot- with the requirements of subsections (a) and the Secretary, pursuant to subsection (c)(3) ing securities and assets of the acquired per- (f). Such hearing shall be limited to the issue may preserve the right to claim financial son in excess of $15,000,000. of the amount of the civil penalty. damages under this section by filing a claim (b) REVIEW OF THE SECRETARY.— (2) FAILURE TO FOLLOW AN ORDER.—If after pursuant to regulations promulgated by the (1) IN GENERAL.—Except as provided in being assessed a civil penalty in accordance Secretary. paragraph (2), the Secretary may conduct a with paragraph (1) a person continues to fail (B) DETERMINATION.—Based on a review of review of any merger or acquisition de- to meet the applicable requirements of sub- such claims, the Commission shall determine scribed in subsection (a). sections (a) and (f), the Secretary may, after the amount of damages to be paid, if any, as (2) EXCEPTION.—The Secretary shall con- affording the parties an opportunity for a a result of the violation. duct a review of any merger or acquisition hearing, assess a further civil penalty not to (C) REVIEW.—The decisions of the Commis- described in subsection (a) upon a request exceed $100,000 for each day such person con- sion under this paragraph shall not be sub- from a member of Congress. tinues such violation. Such hearing shall be ject to judicial review except to determine (c) ACCESS TO RECORDS.—The Secretary limited to the issue of the additional civil that the amount of damages to be paid is may request any information including any penalty assessed under this paragraph. testimony, documentary material, or related consistent with the published regulations of SEC. 6. PLAIN LANGUAGE AND DISCLOSURE RE- the Secretary that establish the criteria for information from a dealer, processor, com- QUIREMENTS FOR CONTRACTS. implementing this subsection. mission merchant, broker, or operator of a (a) IN GENERAL.—Any contract between a warehouse of agricultural commodities, or (3) FUNDING.— family farmer or rancher and a dealer, proc- other agricultural related business, per- (A) IN GENERAL.—Funds collected from essor, commission merchant, broker, oper- taining to any merger or acquisition of any civil penalties pursuant to this section shall ator of a warehouse of agricultural commod- agriculture related business. be transferred to a special fund in the Treas- ities, or other agricultural related business (d) PURPOSE OF REVIEW.— ury, shall be made available to the Secretary shall— (1) FINDINGS.—The review described in sub- (1) be written in a clear and coherent man- without further appropriation, and shall re- section (a) shall make findings whether the ner using words with common and everyday main available until expended to pay the ex- merger or acquisition could— meanings and shall be appropriately divided penses of the Commission and the claims de- (A) be significantly detrimental to the and captioned by various sections; scribed in this subsection. present or future viability of family farms or (2) disclose in a manner consistent with (B) AUTHORIZATION OF APPROPRIATION.—In ranches or rural communities in the areas paragraph (1)— addition to the funds described in subpara- affected by the merger or acquisition, pursu- (A) contract duration; graph (A), there are authorized to be appro- ant to standards established by the Sec- (B) contract termination; priated such sums as may be necessary to retary; or (C) renegotiation standards; carry out this section. (B) lead to a violation of section 4(a) of (D) responsibility for environmental dam- (4) NO PRECLUSION OF PRIVATE CLAIMS.—By this Act. age; filing an action under this subsection, a fam- (2) REMEDIES.—The review may include a (E) factors to be used in determining per- ily farmer or rancher is not precluded from determination of possible remedies regarding formance payments; bringing a cause of action against a dealer, how the parties of the merger or acquisition (F) which parties shall be responsible for processor, commission, merchant, or broker may take steps to modify their operations to obtaining and complying with necessary in any court of appropriate jurisdiction. address the findings described in paragraph (d) AUTHORITY OF THE SECRETARY.—Not local, State, and Federal government per- (1). later than 180 days after the date of enact- mits; and (e) REPORT OF REVIEW.— ment of this section, the Secretary and the (G) any other contract terms the Secretary (1) PRELIMINARY REPORT.—After conducting Attorney General shall develop and imple- the review described in this section, the Sec- determines is appropriate for disclosure; and ment a plan to enable, where appropriate, retary shall issue a preliminary report to the (3) not contain a confidentiality require- the Secretary to file civil actions, including parties of the merger or acquisition and the ment barring a party of a contract from temporary injunctions, to enforce orders Attorney General or the Federal Trade Com- sharing terms of such contract (excluding issued by the Secretary under this Act. mission, as appropriate, which shall include trade secrets as applied in the Freedom of In- SEC. 5. REPORTS OF THE SECRETARY ON POTEN- findings and any remedies described in sub- formation Act (5 U.S.C. 552 et seq.)) for the TIAL UNFAIR PRACTICES. section (d)(2). purposes of obtaining legal or financial ad- (a) FILING PREMERGER NOTICES WITH THE vice or for the purpose of responding to a re- (2) FINAL REPORT.—After affording the par- SECRETARY.—No dealer, processor, commis- ties described in paragraph (1) an oppor- quest from Federal or State agencies. sion merchant, broker, operator of a ware- (b) PENALTIES.— tunity for a hearing regarding the findings house of agricultural commodities, or other (1) IN GENERAL.—After affording the parties and any proposed remedies in the prelimi- agricultural related business shall merge or an opportunity for a hearing, the Secretary nary report, the Secretary shall issue a final acquire, directly or indirectly, any voting se- may assess a civil penalty not to exceed report to the President and Attorney Gen- curities or assets of any other dealer, proc- $100,000 for the failure of a person to comply eral or the Federal Trade Commission, as ap- essor, commission merchant, broker, oper- with the requirements of this section. Such propriate, with respect to the merger or ac- ator of a warehouse of agricultural commod- hearing shall be limited to the issue of the quisition. ities, or other agricultural related business amount of the civil penalty. (f) IMPLEMENTATION OF THE REPORT.—Not unless both persons (or in the case of a ten- (2) FAILURE TO FOLLOW AN ORDER.—If after der offer, the acquiring person) file notifica- later than 120 days after the issuance of a final report described in subsection (e), the being assessed a civil penalty in accordance tion pursuant to rules promulgated by the with paragraph (1), a person continues to fail Secretary if— parties of the merger or acquisition affected by such report shall make changes to their to meet the applicable requirements of this (1) any voting securities or assets of the section, the Secretary may, after affording dealer, processor, commission merchant, operations or structure to comply with the findings and implement any suggested rem- the parties an opportunity for a hearing, as- broker, operator of a warehouse of agricul- sess a further civil penalty not to exceed tural commodities or other agricultural re- edy or any agreed upon alternative remedy and shall file a response demonstrating such $100,000 for each day such person continues lated business with annual net sales or total such violation. Such hearing shall be limited assets of $10,000,000 or more are being ac- compliance or implementation. (g) CONFIDENTIALITY OF INFORMATION.—In- to the issue of the amount of the additional quired by a dealer, processor, commission formation used by the Secretary to conduct civil penalty assessed under this paragraph. merchant, broker, or operator of a ware- the review pursuant to this section provided (c) IMPLEMENTATION.—The requirements house of agricultural commodities, or other by a party of the merger or acquisition under imposed by this section shall be applicable agricultural related business which has total review or by a government agency shall be to contracts entered into or renewed 60 days assets or annual net sales of $100,000,000 or treated by the Secretary as confidential in- or subsequently after the date of enactment more; and formation pursuant to section 1770 of the of this Act. (2) any voting securities or assets of a deal- Food Security Act of 1985 (7 U.S.C. 2276), ex- SEC. 7. REPORT ON CORPORATE STRUCTURE. er, processor, commission merchant, broker, cept that the Secretary may share any infor- (a) IN GENERAL.—A dealer, processor, com- operator of a warehouse of agricultural com- mation with the Attorney General, the Fed- mission merchant, or broker with annual modities, or other agricultural related busi- eral Trade Commission, and a party seeking sales in excess of $100,000,000 shall annually ness with annual net sales or total assets of a hearing pursuant to subsection (e)(2) with file with the Secretary, a report which de- $100,000,000 or more are being acquired by respect to information relating to such scribes, with respect to both domestic and any dealer, processor, commission merchant, party. The report issued under subsection (e) foreign activities; the strategic alliances; broker, operator of a warehouse of agricul- shall be available to the public consistent ownership in other agribusiness firms or ag- tural commodities, or agriculture related with the confidentiality provisions of this ribusiness-related firms; joint ventures; sub- business with annual net sales or total assets subsection. sidiaries; brand names; and interlocking of $10,000,000 or more and as a result of such (h) PENALTIES.— boards of directors with other corporations, acquisition, if the acquiring person would (1) IN GENERAL.—After affording the parties representatives, and agents that lobby Con- hold— an opportunity for a hearing, the Secretary gress on behalf of such dealer, processor,

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.047 pfrm12 PsN: S12PT1 S2628 CONGRESSIONAL RECORD — SENATE April 12, 2000 commission merchant, or broker, as deter- (F) the extent of increase in concentration the Senate Committee on Commerce, mined by the Secretary. This subsection in milk processing, procurement and han- Science, and Transportation held a shall not be construed to apply to contracts. dling, and the potential risks to the eco- hearing last year to review the Board’s (b) PENALTIES.— nomic well-being of dairy farmers, and to the request. The reauthorization legisla- (1) IN GENERAL.—After affording the parties National School Lunch program, and other tion I am introducing is intended to an opportunity for a hearing, the Secretary Federal nutrition programs of that increase may assess a civil penalty not to exceed in concentration; provide the Board with the resources $100,000 for the failure of a person to comply (G) the impact of mergers, acquisitions, necessary to carry out its important with the requirements of this section. Such a and joint ventures among dairy cooperatives safety investigatory duties and provide hearing shall be limited to the issue of the on dairy farmers, including impacts on both further assistance to the Board in its amount of the civil penalty members and nonmembers of the merging efforts to fulfill its mission. (2) FAILURE TO FOLLOW AN ORDER.—If after cooperatives; The legislation would authorize the being assessed a civil penalty in accordance (H) the impact of the significant increase Board for Fiscal years 2000–2003. As the with paragraph (1) a person continues to fail in the use of stock as the primary means of Board requested, the bill would provide to meet the applicable requirements of this effectuating mergers and acquisitions by section, the Secretary may, after affording significant funding increases over the large companies; level currently authorized. The Chair- the parties an opportunity for a hearing, as- (I) the increase in the number and size of sess a further civil penalty not to exceed mergers or acquisitions in the United States man of the Board has testified that $100,000 for each day such person continues and whether some of such mergers or acqui- these funds are necessary in order to such violation. Such hearing shall be limited sitions would have taken place if the merger insure that the NTSB continues to to the amount of the additional civil penalty or acquisition had to be consummated pri- make timely and accurate determina- assessed under this paragraph. marily with cash, other assets, or borrowing; tions of the probable causes of acci- SEC. 8. MANDATORY FUNDING FOR STAFF. and dents, formulate realistic and feasible Out of the funds in the Treasury not other- (J) whether agricultural producers typi- safety recommendations, and respond wise appropriated, the Secretary of Treasury cally appear to derive any benefits (such as to the families of victims of transpor- shall provide to the Secretary of Agriculture higher prices for their products or any other $7,000,000 in each of fiscal years 2002 through tation disasters in a professional and advantages) from right-of-first-refusal provi- compassionate manner following those 2006, to hire, train, and provide for additional sions contained in purchase contracts or staff to carry out additional responsibilities other deals with agribusiness purchasers of tragedies. The legislation also would under this Act, including a Special Counsel such products. raise the Board’s emergency fund to on Fair Market and Rural Opportunity, addi- the level commensurate to that which tional attorneys for the Office of General SEC. 10. AUTHORITY TO PROMULGATE REGULA- TIONS. has been appropriated in recent years. Counsel, investigators, economists, and sup- The bill includes language requested port staff. Such sums shall be made available The Secretary of Agriculture shall have to the Secretary without further appropria- the authority to promulgate regulations to by the Safety Board to require the tion and shall be in addition to funds already carry out the responsibilities of the Sec- withholding from public disclosure of made available to the Secretary for the pur- retary under this Act. voice and video recorder information poses of this section. for all modes of transportation com- By Mr. MCCAIN: SEC. 9. GENERAL ACCOUNTING OFFICE STUDY. parable to the protections already The Comptroller General of the United S. 2412. A bill to amend title 49, statutorily provided for cockpit voice States, in consultation with the Attorney United States Code, to authorize appro- recorders (CVRs). This provision would General, the Secretary, the Federal Trade priations for the National Transpor- be an important step in ensuring that Commission, the National Association of At- tation Safety Board for fiscal years torney’s General, and others, shall— railroad, maritime, and motor vehicle 2000, 2001, 2002, and 2003, and for other recorders are properly protected from (1) study competition in the domestic farm purposes; to the Committee on Com- economy with a special focus on protecting unwarranted disclosure or alternative merce, Science, and Transportation. family farms and ranches and rural commu- use. nities and the potential for monopsonistic NATIONAL TRANSPORTATION SAFETY BOARD The bill provides the Board with au- and oligopsonistic effects nationally and re- AMENDMENTS ACT OF 2000 thority to establish reasonable rates of gionally; and ∑ Mr. MCCAIN. Mr. President, today I overtime pay for its employees directly (2) provide a report to the appropriate com- am introducing the National Transpor- involved in accident-related work both mittees of Congress not later than 1 year tation Safety Board Amendments Act on-scene and investigative. This au- after the date of enactment of this Act on— of 2000. This bill proposes to reauthor- thority was requested in acknowledg- (A) the correlation between increases in ize the National Transportation Safety the gap between retail consumer food prices ment of the extensive time spent by and the prices paid to farmers and ranchers Board (NTSB) through fiscal year 2003. NTSB staff in carrying out their duties and any increases in concentration among The NTSB is an independent agency and the Board’s inability under current processors, manufacturers, or other firms charged with determining the probable law to more fairly compensate these that buy from farmers and ranchers; cause of transportation accidents and employees. I want to remind my col- (B) the extent to which the use of formula promoting transportation safety. leagues that the Federal Aviation Ad- pricing, marketing agreements, forward con- Among its many duties, the Board in- ministration and the Coast Guard al- tracting, and production contracts tend to vestigates accidents, conducts safety ready have been provided authority by give processors, agribusinesses, and other studies, and evaluates the effectiveness Congress to administer similar per- buyers of agricultural commodities unrea- of other government agencies’ pro- sonable market power over their producer/ sonnel payment matters. suppliers in the local markets; grams for preventing transportation The Board’s budget has dramatically (C) whether the granting of process patents accidents. In my view, the NTSB is one increased over the years and this meas- relating to biotechnology research affecting of our nation’s most critical govern- ure includes a number of financial ac- agriculture during the past 20 years has mental agencies and I want to com- countability provisions. Currently, the tended to overly restrict related bio- mend its excellent work. NTSB is one of the few agencies of the technology research or has tended to overly Since its inception in 1967, the NTSB Federal Government not required to limit competition in the biotechnology in- has investigated more than 110,000 have a Chief Financial Office (CFO). dustries that affect agriculture in a manner aviation accidents, at least 10,000 other While the Board on its own initiative that is contrary to the public interest, or could do either in the future; accidents in the surface modes and does have a CFO, this bill would make (D) whether acquisitions of companies that issued more than 11,000 safety rec- that position permanent. The legisla- own biotechnology patents and seed patents ommendations. The Board’s commit- tion also statutorily authorizes the by multinational companies have the poten- ment to accident investigation and the Chairman to establish annual travel tial for reducing competition in the United development of safety recommenda- budgets to govern Board Member non- States and unduly increasing the market tions to prevent accidents from recur- accident travel. After concerns were power of such multinational companies; ring is indeed admirable. The NTSB raised last year over excessive Board (E) whether existing processors or agri- staff works tirelessly, and in many Member travel by myself and others, business have disproportionate market power and if competition could be increased cases, under the least desirable cir- the Chairman established annual budg- if such processors or agribusiness were re- cumstances. ets and procedures governing non-acci- quired to divest assets to assure that they do The NTSB’s authorization expired dent-related travel. His actions were an not exert this disproportionate market last September. The Board has sub- important step in addressing fiscal ac- power over local markets; mitted a reauthorization proposal and countability at the Board and I believe

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.047 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2629 they should be continued in the future. Today, more than ever, violent crimi- (3) the Federal Bureau of Investigation es- Further, the bill would give the Inspec- nals have bulletproof vests and deadly timates that the risk of fatality to law en- tor General of the Department of weapons at their disposal. In fact, fig- forcement officers while not wearing an Transportation the authority to review armor vest is 14 times higher than for offi- ures from the U.S. Department of Jus- cers wearing an armor vest; the financial management and business tice indicate that approximately 150,000 (4) according to studies, between 1985 and operations of the Board to determine law enforcement officers—or 25 percent 1994, bullet-resistant materials helped save compliance with applicable Federal of the nation’s 600,000 state and local the lives of more than 2,000 law enforcement laws, rules, and regulations. officers—do not have access to bullet- officers in the United States; and I have only taken time today to high- proof vests. (5) the Executive Committee for Indian light a few sections of the bill. But I The evidence is clear that a bullet- Country Law Enforcement Improvements re- assure my colleagues that there are proof vest is one of the most important ports that violent crime in Indian country other provisions in the legislation de- has risen sharply, despite a decrease in the pieces of equipment that any law en- national crime rate, and has concluded that signed to give the Safety Board the forcement officer can have. Since the there is a ‘‘public safety crisis in Indian necessary tools to continue to fulfill introduction of modern bulletproof ma- country’’. its critical safety mission. terial, the lives of more than 1,500 offi- SEC. 3. MATCHING GRANT PROGRAM FOR LAW Mr. President. I urge my colleagues’ cers have been saved by bulletproof ENFORCEMENT ARMOR VESTS. support of this measure and look for- vests. In fact, the Federal Bureau of In- (a) MATCHING FUNDS.—Section 2501(f) of ward to bringing it to the full Senate vestigation has concluded that officers part Y of title I of the Omnibus Crime Con- for consideration in the near future.∑ trol and Safe Streets Act of 1968 (42 U.S.C. who do not wear bulletproof vests are 3796ll(f) is amended— By Mr. CAMPBELL (for himself, 14 times more likely to be killed by a (1) by striking ‘‘The portion’’ and inserting firearm than those officers who do the following: Mr. LEAHY, Mr. HATCH, Mr. wear vests. Simply put, bulletproof ‘‘(1) IN GENERAL.—The portion’’; THURMOND, Mr. BINGAMAN, Mr. vests save lives. (2) by striking ‘‘subsection (a)’’ and all JEFFORDS, Mr. SARBANES, Mr. Unfortunately, many police depart- that follows through the period at the end of COVERDELL, Mr. ROBB, Mr. ments do not have the resources to the first sentence and inserting ‘‘subsection SCHUMER, Mr. REED, and Mr. (a)— purchase vests on their own. The Bul- REID): ‘‘(A) may not exceed 50 percent; and S. 2413. A bill to amend the Omnibus letproof Vest Partnership Grant Act of ‘‘(B) shall equal 50 percent, if— Crime Control and Safe Streets Act of 2000 would continue the partnership ‘‘(i) such grant is to a unit of local govern- 1968 to clarify the procedures and con- with state and local law enforcement ment with fewer than 100,000 residents; agencies to make sure that every po- ‘‘(ii) the Director of the Bureau of Justice ditions for the award of matching Assistance determines that the quantity of grants for the purchase of armor vests; lice officer who needs a bulletproof vest gets one. It would do so by author- vests to be purchased with such grant is rea- to the Committee on the Judiciary. sonable; and izing up to $50 million per year for the BULLETPROOF VEST PARTNERSHIP GRANT ACT ‘‘(iii) such portion does not cause such OF 2000 grant program within the U.S. Depart- grant to violate the requirements of sub- ∑ Mr. CAMPBELL. Mr. President, ment of Justice. In addition, the pro- section (e).’’; and today Senator LEAHY and I are intro- gram would provide 50–50 matching (3) by striking ‘‘Any funds’’ and inserting ducing the Bulletproof Vest Partner- grants to state and local law enforce- the following: ship Grant Act of 2000, a bill to expand ment agencies and Indian tribes with ‘‘(2) INDIAN ASSISTANCE.—Any funds’’. under 100,000 residents to assist in pur- (b) ALLOCATION OF FUNDS.—Section 2501(g) an existing matching grant program to of part Y of title I of the Omnibus Crime help State, tribal, and local jurisdic- chasing bulletproof vests and body Control and Safe Streets Act of 1968 (42 tions purchase armor vests for the use armor. Finally, this bill will make the U.S.C. 3796ll(g)) is amended to read as fol- by law enforcement officers. This bill purchase of stabproof vests eligible for lows: represents another in a series of law grant awards. ‘‘(g) ALLOCATION OF FUNDS.—Funds avail- enforcement legislative initiatives on While we know that there is no way able under this part shall be awarded, with- to end the risks inherent to a career in out regard to subsection (c), to each quali- which I have had the privilege to work fying unit of local government with fewer with my friend and colleague from law enforcement, we must do every- than 100,000 residents. Any remaining funds Vermont, Senator LEAHY. The Senator thing possible to ensure that officers available under this part shall be awarded to brings to the table invaluable experi- who put their lives on the line every other qualifying applicants.’’. ence in this area, from his distin- day also put on a vest. Body armor is (c) APPLICATIONS.—Section 2502 of part Y of guished service as a State’s attorney in one of the most important pieces of title I of the Omnibus Crime Control and Vermont, a nationally recognized pros- equipment an officer can have and Safe Streets Act of 1968 (42 U.S.C. 3796ll–1) is amended by adding at the end the following: ecutor, and as the ranking member of often means the difference between life ‘‘(d) APPLICATIONS IN CONJUNCTION WITH the Senate Judiciary Committee. We and death. The United States Senate PURCHASES.—If an application under this are pleased to be joined in this effort can help, and I urge our colleagues to section is submitted in conjunction with a by the distinguished chairman of the support prompt passage of this legisla- transaction for the purchase of armor vests, Senate Judiciary Committee, Senator tion. grant amounts under this section may not be used to fund any portion of that purchase un- HATCH, and Senators THURMOND, Mr. President, I ask unanimous con- sent that the text of the bill be printed less, before the application is submitted, the BINGAMAN, JEFFORDS, SARBANES, applicant— COVERDELL, ROBB, SCHUMER, REED, and in the RECORD. ‘‘(1) receives clear and conspicuous notice REID. There being no objection, the bill was that receipt of the grant amounts requested Two years ago, Congress passed and ordered to be printed in the RECORD, as in the application is uncertain; and the President signed into law the Bul- follows: ‘‘(2) expressly assumes the obligation to letproof Vest Partnership Grant Act of S. 2413 carry out the transaction, regardless of 1998 (P.L. 105–181), which we were privi- Be it enacted by the Senate and House of Rep- whether such amounts are received.’’. (d) DEFINITION OF ARMOR VEST.—Section leged to introduce. This highly success- resentatives of the United States of America in 2503(1) of part Y of title I of the Omnibus Congress assembled, ful Department of Justice grant pro- Crime Control and Safe Streets Act of 1968 gram has already funded 92,000 new bul- SECTION 1. SHORT TITLE. (42 U.S.C. 3796ll–2(1)) is amended— letproof vests for police officers across This Act may be cited as the ‘‘Bulletproof (1) by striking ‘‘means body armor’’ and in- the country. Vest Partnership Grant Act of 2000’’. serting the following: ‘‘means— There are far too many law enforce- SEC. 2. FINDINGS. ‘‘(A) body armor’’; ment officers who patrol our streets Congress finds that— (2) by adding ‘‘or’’ at the end; and and neighborhoods without the proper (1) the number of law enforcement officers (3) by adding at the end the following: protective gear against violent crimi- who are killed in the line of duty would sig- ‘‘(B) body armor that has been tested nals. As a former deputy sheriff, I nificantly decrease if every law enforcement through the voluntary compliance testing officer in the United States had the protec- know first-hand the risks which law program, and found to meet or exceed the re- tion of an armor vest; quirements of NIJ Standard 0115.00, or any enforcement officers face every day on (2) according to studies, between 1985 and revision of such standard;’’. the front lines protecting our commu- 1994, 709 law enforcement officers in the (e) AUTHORIZATION OF APPROPRIATIONS.— nities. United States were killed in the line of duty; Section 1001(a)(23) of title I of the Omnibus

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.127 pfrm12 PsN: S12PT1 S2630 CONGRESSIONAL RECORD — SENATE April 12, 2000 Crime Control and Safe Streets Act of 1968 Program in part in response to the stop may not necessarily be ‘‘routine.’’ (42 U.S.C. 3793(a)(23)) is amended by inserting tragic Drega incident along the Each and every law enforcement officer before the period at the end the following: ‘‘, Vermont and New Hampshire border. across the Nation deserves the protec- and $50,000,000 for each of fiscal years 2002 through 2004’’.∑ On August 19, 1997, Federal, State and tion of a bulletproof vest. Mr. LEAHY. Mr. President, I am local law enforcement authorities in I look forward to working with my proud to join the Senior Senator from Vermont and New Hampshire had cor- colleagues to ensure that each and Colorado in introducing the Bullet- nered Carl Drega, after hours of hot every law enforcement agency in proof Vest Partnership Grant Act of pursuit. This madman had just shot to Vermont and across the Nation can af- 2000. We worked together closely and death two New Hampshire state troop- ford basic protection for their officers. successfully with the Chairman of the ers and two other victims earlier in the Judiciary Committee in the last Con- day. In a massive exchange of gunfire By Mr. WELLSTONE: gress to pass the Bulletproof Vest Part- with the authorities, Drega lost his S. 2414. A bill to combat trafficking nership Grant Act of 1998 into law. I am life. of persons, especially into the sex trade, slavery, and slavery-like condi- pleased that Senator HATCH is again an During that shootout, all federal law original cosponsor of this bill. I am enforcement officers wore bulletproof tions, in the United States and coun- also pleased that Senators SCHUMER, vests, while some state and local offi- tries around the world through preven- REID of Nevada, SARBANES, ROBB, cers did not. For example, Federal Bor- tion, through prosecution and enforce- BINGAMAN, THURMOND, COVERDELL, and der Patrol Officer John Pfeifer, a ment against traffickers, and through REED of Rhode Island are joining us as Vermonter, who was seriously wounded protection and assistance to victims of original cosponsors. in the incident. If it was not for his trafficking; to the Committee on For- According to the Federal Bureau of bulletproof vest, I would have been at- eign Relations. Investigation, more than 40 percent of tending Officer Pfeifer’s wake instead TRAFFICKING VICTIMS PROTECTION ACT OF 2000 the 1,182 officers killed by a firearm in of visiting him, and meeting his wife Mr. WELLSTONE. Mr. President, I the line of duty since 1980 could have and young daughter in the hospital a rise to introduce a bill today. I would been saved if they had been wearing few days later. I am relieved that Offi- like to thank my colleague, Senator body armor. Indeed, the FBI estimates cer John Pfeifer is doing well and is BROWNBACK, for his superb work. It is that the risk of fatality to officers back on duty today. called the Trafficking Victims Protec- while not wearing body armor is 14 The two New Hampshire state troop- tion Act of 2000. Basically, this is legis- times higher than for officers wearing ers who were killed by Carl Drega were lation I am doing together with Sen- it. not so lucky. They were not wearing ator BROWNBACK. We are very hopeful To better protect our Nation’s law bulletproof vests. Protective vests we will have strong support in the Sen- enforcement officers, Senator CAMP- might not have been able to save the ate Foreign Relations Committee, BELL and I introduced the Bulletproof lives of those courageous officers be- starting with the chairman. Vest Partnership Grant Act of 1998. cause of the high-powered assault The long and the short of it, col- President Clinton signed our legisla- weapons used by this madman. We all leagues, is, though, it is hard to be- tion into law on June 16, 1998 (public grieve for the two New Hampshire offi- lieve, in the year 2000, there are maybe law 105–181). The law created a $25 mil- cers who were killed. Their tragedy un- 50,000 women and children trafficked to lion, 50 percent matching grant pro- derscore the point that all of our law our country, maybe as many as 2 mil- gram within the Department of Justice enforcement officers, whether federal, lion worldwide. to help state and local law enforcement state or local, deserve the protection of It is a dark, dark feature of this new agencies purchase body armor for fiscal a bulletproof vest. With that and less- world economy, where women and chil- years 1999–2001. dren are basically responding to ads, In its first year of operation, the Bul- er-known incidents as constant re- going to other countries, believing letproof Vest Partnership Grant Pro- minders, I will continue to do all I can they will find employment; and they gram funded 92,000 new bulletproof to help prevent loss of life among our vests for our Nation’s police officers, law enforcement officers. are forced into prostitution, they are including 361 vests for Vermont police The Bulletproof Vest Partnership forced into labor, and the conditions officers. Applications are now available Grant Act of 2000 will provide state and are absolutely atrocious. at the program’s web site at http:// local law enforcement agencies with It is unbelievable what has happened vests.ojp.gov/ for this year’s funds. The more of the assistance they need to to these women and children. There- entire process of submitting applica- protect their officers. Our bipartisan fore, we put an emphasis on, No. 1, pre- tions and obtaining federal funds is legislation enjoys the endorsement of vention, to make sure that through completed through this web site. many law enforcement organizations, AID we get information out to people The Bulletproof Vest Partnership including the Fraternal Order of Police in other countries, so women and chil- Grant Act of 2000 builds on the success and the National Sheriffs’ Association. dren are not entrapped in this way. of this program by doubling its annual In my home State of Vermont, the bill No. 2, we want to make sure there are funding to $50 million for fiscal years enjoys the strong support of the alternatives, such as good microloan 2002–2004. It also improves the program Vermont State Police, the Vermont programs, like NGOs for women. by guaranteeing jurisdictions with Police Chiefs Association and many No. 3, we put an emphasis on how we fewer than 100,000 residents receive the Vermont sheriffs, troopers, game war- can provide some protection, which has full 50–50 matching funds because of dens and other local and state law en- to do with making sure if women step the tight budgets of these smaller com- forcement officials. forward they are not automatically de- munities and by making the purchase Since my time as a State prosecutor, ported. There would be an extension of of stab-proof vests eligible for grant I have always taken a keen interest in their visa so they would be able to awards to protect corrections officers law enforcement in Vermont and speak out without worrying about and sheriffs who face violent criminals around the country. Vermont has the being deported from our country. We in close quarters in local and county reputation of being one of the safest would make sure there is treatment for jails. states in which to live, work and visit, women who have gone through this liv- More than ever before, police officers and rightly so. In no small part, this is ing hell. in Vermont and around the country due to the hard work of those who have Finally, there would be prosecution. face deadly threats that can strike at sworn to serve and protect us. And we Making it crystal clear to those who any time, even during routine traffic should do what we can to protect them, are engaged in trafficking, you are stops. Bulletproof vests save lives. It is when a need like this one comes to our going to be hit with stiff financial pen- essential that we update this law so attention. alties. that many more of our officers who are Our Nation’s law enforcement offi- Senator FEINSTEIN, who is on the risking their lives everyday are able to cers put their lives at risk in the line floor, has been a strong supporter of protect themselves. of duty everyday. No one knows when trying to do something about this, and In the last Congress, we created the danger will appear. Unfortunately, in to make sure that if you are going to Bulletproof Vest Partnership Grant today’s violent world, even a traffic traffic a child under the age of 14 for

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.048 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2631 forced prostitution, you are going to were supposed to wear condoms, some didn’t 3244, and the bills that we are intro- serve a life sentence in prison. so I eventually became pregnant and was ducing today, are bipartisan efforts We are going to call on the inter- forced to have an abortion. that deserve our full consideration. national community to take this seri- I am here today to say that one vic- Senator BROWNBACK and I have worked ously. I believe there will be strong tim is one too many. We have a serious hard to create a bill that is comprehen- support in the Senate. It would be a problem that must be addressed. sive and addresses both of our con- powerful and important human rights The Trafficking Victims Protection cerns, and both of us are equally com- piece of legislation. Act of 2000 is a comprehensive bill that mitted to the fight against trafficking. I am proud to introduce this legisla- addresses the three P’s of trafficking: We disagree, however, on a small but tion today. I think we can move it in it aims to prevent trafficking in per- significant part of the strategy in this committee. I think we can have strong sons, provides protection and assist- fight: the use of mandatory versus dis- bipartisan support. I thank Senator ance to those who have been trafficked, cretionary sanctions against countries and provides for tough prosecution and BROWNBACK, Senator FEINSTEIN, Sen- which do not meet the minimum stand- punishment of those responsible for ator BOXER, and others for their inter- ards for elimination of trafficking. trafficking. While Senator BROWNBACK believes a est. This bill addresses the underlying system of mandatory sanctions will Mr. President, I am here today to in- problems which fuel the trafficking in- better facilitate our goal to eliminate troduce legislation to help end the hor- dustry by promoting public awareness trafficking, after much research into rific crime of trafficking in persons, campaigns, and initiatives to enhance the effect of a mandatory sanctions re- particularly women and children, for economic opportunity, such as micro- quirement, I believe a discretionary the purposes of sexual exploitation and credit lending programs and skills forced labor. This egregious human training, for those most susceptible to sanctions approach, allowing for a rights violation—and we must ac- trafficking. It provides for the estab- more targeted use of sanctions, to- knowledge trafficking in persons as the lishment of programs designed to assist gether with a requirement for the de- gross human rights abuse that it is—is in the safe reintegration of victims livery to Congress of a separate list of a worldwide problem that must be con- into their community, and ensures countries involved in trafficking, is the fronted in domestic legislation as we that such programs address the phys- better approach. Trafficking exploits poor women and continue to fight it on the inter- ical and mental health needs of traf- national front. ficking victims. In fact, the trauma booms in societies undergoing severe At this very moment the administra- that results from being trafficked is economic distress. To impose economic tion is involved in negotiations in Vi- not unlike that of someone who has sanctions in trafficking legislation enna to strengthen international ef- been tortured, and victims of traf- that cuts off a broad range of bilateral forts to combat trafficking. We too ficking deserve similar assistance. and multilateral assistance programs must do our part. We need to enact a This bill also provides immigration designed to improve the economy of comprehensive trafficking bill into law relief and allows victims of trafficking specific nations is to cause harm to the in this Congress. Senator BROWNBACK the time necessary to bring charges very people who might be helped by the and I have worked together closely to against those responsible for their con- legislation. develop the Trafficking Victims Pro- dition. In the United States, many For example, I don’t believe we can tection Act of 2000, and we agree on trafficking victims are deported for not justify cutting off funding designed to every provision of the bill except for having the appropriate legal docu- foster economic reform so that those one. We are here together today to in- ments when, in fact, it is often the most susceptible to trafficking such as troduce separate trafficking bills but trafficker who has given the victim women and children, can find work; or to relay to you the truly bipartisan ef- false documents, or held the victim’s cutting off funding for programs that fort this has been. Senator BROWNBACK, identifying documents so that he or increase professionalism and independ- I look forward to continuing this effort she could not move freely. This bill ad- ence in the judicial system so that as our respective bills move through dresses this unintended result of the traffickers can be held accountable; or the committee and to the floor. law. This measure enhances our exist- even cutting off programs designed to Despite increasing governmental and ing legal structures, criminalizing all provide training and technical assist- international interest, trafficking in forms of trafficking in persons and es- ance to countries which are generally persons continues to be one of the tablishing punishment which is com- making an effort to combat traf- darkest aspects of globalization of the mensurate with the heinous nature of ficking. This is what could happen to world economy, becoming more insid- this crime. It provides for sentences of certain countries which are known to ious and more widespread everyday. It up to life in prison for those criminals have a severe trafficking problem, is not just a problem that takes place involved in trafficking children. under a mandatory sanctions regime. I on distant shores, as many of us have Those criminals who are involved in don’t believe we justify cutting off been led to believe. A recent CIA anal- trafficking, from the lowest to the child survival and disease programs ysis of the international trafficking of highest levels, should not expect to go which counter the spread of HIV and women to the United States reports unpunished in the United States or AIDS, a significant problem among that as many as 50,000 women and chil- abroad, and neither should govern- women trafficked into the sex indus- dren each year are brought into the ments whose governments might be try, to countries in which sex traf- United States and forced to work as complicit in trafficking. This bill re- ficking is a large problem such as the prostitutes, forced laborers, and serv- quires an expansion of reporting on Philippines and Bangladesh. These are ants. Others credibly estimate that the trafficking in the annual Country Re- just a couple of examples of the prob- number is probably much higher than ports on Human Rights Practices, in- lems created by a sanctions regime that. cluding a separate list of countries of that is too broad. A more targeted, dis- In a hearing last week, I heard the al- origin, transit or destination for a sig- cretionary sanctions approach to sanc- most unbelievable testimony of several nificant number of trafficking victims tions is, I think, clearly the way to go. women who had been victims of traf- which are not meeting minimum stand- By requiring a list of countries in- ficking. But, I say almost unbelievable ards for the elimination of trafficking. volved in trafficking who do not meet because I heard the truth directly from This bill provides for sanctions against minimum standards for the elimi- the mouths of those who have been counties which do not meet these min- nation of it, we can closely monitor the hurt the most. One victim trafficked imum standards. It also authorizes the progress of countries in their fight for sex from Mexico to Florida at the Secretary of State to publish a list of against trafficking. Trafficking in per- age of 14 told, foreign persons involved in trafficking, sons is a complicated issue that almost always involves larger criminal ele- Because I was a virgin, the men decided to and authorizes the President to take initiate me by raping me again and again, to tough action against any person on ments. Those countries which are truly teach me how to have sex * * * Because I was that list. committed to ending this gross human so young, I was always in demand with the A similar bill to our bills is moving rights abuse, and are cooperating in customers. It was awful. Although the men through the House. Both that bill, H.R. the global battle against it, should not

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.134 pfrm12 PsN: S12PT1 S2632 CONGRESSIONAL RECORD — SENATE April 12, 2000 fear the list since they will not be put cans, including those that have been loans with single premium credit insur- on it. Those countries which are not traditionally locked out of the market ance financed into the loan, one of the doing their share should expect that or are less sophisticated. I thank him problems highlighted by this legisla- the President of the United States will for his leadership. tion. use his discretion to impose targeted Homeownership is the American Clearly, there is already some action sanctions, and I for one will do all I can Dream. It is the opportunity for all to address the problem of predatory to see that our government imposes ap- Americans to put down roots and start lending. But we need to do more. This propriate sanctions against those gov- creating equity for themselves and legislation will outlaw the most abu- ernments whose officials are complicit their families. Homeownership has sive practices, and enable the market- in this terrible crime. been the path to building wealth for place to eliminate the others. This is a Sanctions can be an important deter- generations of Americans; it has been very important point. Let me give you rent. However, in my opinion broad the key to ensuring stable commu- an example. The bill prohibits the fi- mandatory sanctions within the con- nities, good schools, and safe streets. nancing of more than 3% of a loan in text of trafficking are not useful. A dis- The predatory lending industry plays fees for high cost loans, because it is cretionary sanctions regime that al- on these hopes and dreams to cheat the financing of fees and premiums on lows the President—who is, in fact, people of their hard-earned wealth. extraneous products that literally strip better positioned to understand the These lenders target working and lower the equity out of a person’s home. varying dynamics and extent of the income families, the elderly, and, However, the bill would not prohibit trafficking problem from country to often, uneducated homeowners for additional fees from being charged, so country—to impose specific, targeted, their abusive practices. To my mind, we are not regulating profit. and workable sanctions against traf- nothing can be more cynical. We want to make sure that the loan ficking countries is a more sound ap- Let me briefly describe how preda- is affordable to the borrower. Tying the proach. tory lenders operate. They target peo- lender’s return to the loan’s successful I hope my colleagues will take a look ple with a lot of equity in their homes; repayment is the best way to assure at both of these trafficking bills and they underwrite the property without this. Now, some people have raised con- cosponsor one or the other as they regard to the ability of the borrower to cerns that limiting the financing of move forward. These bills are identical pay the loan back. They make their fees will push up interest rates. This except for the sanctions provision, and money by charging extremely high may be true, but it is also better to see both provide the same broad and com- origination fees, and by ‘‘packing’’ the return to the lender reflected in prehensive assistance to trafficking other products into the loan, including the interest rate because it is much victims and to countries working to upfront premiums for credit life insur- easier for people to shop on the basis of combat trafficking. ance, or credit unemployment insur- the interest rate. As a result, the mar- Since my wife and I began working ance, and others, for which they get ket will help to keep rates down. More- on this issue several years ago, I have significant commissions but are of no over, higher rate mortgages can always met with trafficking victims, after- value to the homeowner. be refinanced as borrower’s credit care providers, and human rights advo- The premiums for these products get standing improves. cates from around the world who have financed into the loan, greatly increas- Mr. President, this legislation has reminded me again and again of the ing the loan’s total balance amount, the support of the Leadership Con- horrible nature of this crime. We must sometimes by as much as 50 percent. ference on Civil Rights, the American intensify our work to eliminate traf- As a result, the borrower is likely to Association of Retired People, the Na- ficking in persons. We must focus our find himself in extreme financial dis- tional Consumer Law Center, the Self- energy on this bipartisan effort to see tress. Help Credit Union of North Carolina, the Trafficking Victims Protection Act Then, when the trouble hits, the Consumers Union, Consumers Federa- of 2000 move quickly through the Sen- predatory lender will offer to refinance tion, ACORN, the National Association ate Foreign Relations Committee and the loan. Unfortunately, another char- of Consumer Advocates, U.S. PIRG and get passed into law this year. The acteristic of these loans is that they others. many victims of trafficking deserve no have prepayment penalties. So, by the I want to make clear that this bill is less. time the refinancing occurs, with all aimed at predatory practices. There the fees repeated and the prepayment are many people who may have had By Mr. SARBANES (for himself, penalty included, the lender/broker some credit problems who still need ac- Mr. DODD, Mr. SCHUMER, and makes a lot of money from the trans- cess to affordable credit. They may Mr. KERRY): action, and the owner has been stripped only be able to get subprime loans, S. 2415. A bill to amend the Home of his or her equity and, oftentimes, his which charge higher interest rates. Ownership and Equity Protection Act or her home. Clearly, to get the credit, they will of 1994 and other sections of the Truth The problem is, most of these prac- have to pay somewhat higher rates be- in Lending Act to protect consumers tices, while unethical and clearly abu- cause of the greater risk they rep- against predatory practices in connec- sive, are legal. There is a widening resent. We want them to be able to get tion with high cost mortgage trans- sense that this is a serious problem. these loans. actions, to strengthen the civil rem- Alan Greenspan at the Federal Reserve But these families should not be edies available to consumers under ex- Board has recognized this as an in- stripped of their home equity through isting law, and for other purposes; to creasing problem, as have the other financing of extremely high fees, credit the Committee on Banking, Housing, banking regulators. For example, the insurance, or prepayment penalties. and Urban Affairs. FDIC is considering raising capital They should not be forced into con- PREDATORY LENDING CONSUMER PROTECTION standards for all subprime lending; the stant refinancing, losing more and ACT OF 2000 Office of Thrift Supervision (OTS) has more of the wealth they’ve taken a Mr. SARBANES. Mr. President, published an Advanced Notice of Pro- lifetime to build to a new set of fees today I am introducing the Predatory posed Rulemaking (ANPR) asking for each and every time. Lending Consumer Protection Act with information and views on these very This legislation will keep credit Senators DODD, KERRY, and SCHUMER. practices; HUD Secretary Cuomo and available, while discouraging or pro- This legislation is a companion to an Treasury Secretary Summers have con- hibiting these worst practices. The bill identical bill being introduced by Rep- vened a Task Force on this issue. Both allows lenders to recover the costs of resentative LAFALCE in the House of Fannie Mae and Freddie Mac have de- making their loans, while always leav- Representatives, along with a number veloped a number of products that are ing the door open to borrowers to re- of his colleagues. intended to reach out to homeowners pair their credit and move to lower Representative LAFALCE has dem- with somewhat impaired credit in cost loans. onstrated his strong commitment to a order to bring them into the financial Taken as a whole, predatory lending banking system that takes into consid- mainstream. These companies have practices represent a frontal assault on eration the credit needs of all Ameri- also announced that they will not buy homeowners all over America. Today,

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.061 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2633 we are coming to their defense. We (2) TECHNICAL AND CONFORMING AMEND- ‘‘(D) ‘The interest rate on this loan is must stop the American dream of MENT.—Section 103(aa)(2) of the Truth in much higher than most people pay. This homeownership from being distorted Lending Act (15 U.S.C. 1602(aa)(2)) is means the chance that you will lose your amended— home is much higher if you do not make all into a nightmare by these unscrupu- (A) by striking subparagraph (B); and payments under the loan.’. lous practices. We want to ensure that (B) by redesignating subparagraph (C) as ‘‘(E) ‘You may be able to get a loan with a all borrowers, whether in the prime or subparagraph (B). much lower interest rate. Before you sign subprime market, are treated fairly (b) POINTS AND FEES.—Section 103(aa)(4) of any papers, you have the right to go see a and responsibly. That is what this leg- the Truth in Lending Act (15 U.S.C. credit and debt counseling service and to islation is intended to do, and I urge 1602(aa)(4)) is amended— consult other lenders to find ways to get a my colleagues’ consideration and sup- (1) by striking subparagraph (B) and insert- cheaper loan.’. ing the following new subparagraph: port. ‘‘(F) ‘If you are taking out this loan to ‘‘(B) all compensation paid directly or indi- repay other loans, look to see how many Mr. President, I ask unanimous con- rectly by a consumer or a creditor to a mort- months it will take to pay for this loan and sent that the bill and a summary of the gage broker;’’; what the total amount is that you will have legislation be printed in the RECORD. (2) by redesignating subparagraph (D) as to pay before this loan is repaid. Even S. 2415 subparagraph (F); and though the total amount you will have to Be it enacted by the Senate and House of Rep- (3) by striking subparagraph (C) and insert- pay each month for this loan may be less resentatives of the United States of America in ing the following new subparagraphs: than the total amount you are paying each Congress assembled, ‘‘(C) each of the charges listed in section month for those other loans, you may have SECTION 1. SHORT TITLE. 106(e) (except an escrow for future payment to pay on this loan for many more months This Act may be cited as the ‘‘Predatory of taxes and insurance); than those other loans which will cost you Lending Consumer Protection Act of 2000’’. ‘‘(D) the cost of all premiums financed by more money in the end.’ ’’. the lender, directly or indirectly, for any (b) PREPAYMENT PENALTY PROVISIONS.— SEC. 2. AMENDMENTS TO DEFINITIONS IN TRUTH IN LENDING ACT. credit life, credit disability, credit unem- Section 129(c) of the Truth in Lending Act (15 U.S.C. 1639(c)) is amended to read as fol- (a) HIGH COST MORTGAGES.— ployment or credit property insurance, or lows: (1) IN GENERAL.—The portion of section any other life or health insurance, or any ‘‘(c) PREPAYMENT PENALTY PROVISIONS.— 103(aa) of the Truth in Lending Act (15 U.S.C. payments financed by the lender, directly or ‘‘(1) NO PREPAYMENT PENALTIES AFTER END 1602(aa)) that precedes paragraph (2) of such indirectly, for any debt cancellation or sus- OF 24-MONTH PERIOD.—A mortgage referred to section is amended to read as follows: pension agreement or contract, except that, in section 103(aa) may not contain terms ‘‘(aa) MORTGAGE REFERRED TO IN THIS SUB- for purposes of this subparagraph, insurance under which a consumer must pay any pre- SECTION.— premiums or debt cancellation or suspension payment penalty for any payment made ‘‘(1) DEFINITION.— fees calculated and paid on a monthly basis after the end of the 24-month period begin- ‘‘(A) IN GENERAL.—A mortgage referred to shall not be considered financed by the lend- in this subsection means a consumer credit er; ning on the date the mortgage is con- transaction— ‘‘(E) any prepayment penalty (as defined in summated. ‘‘(i) that is secured by the consumer’s prin- section 129(c)(5)) or other fee paid by the con- ‘‘(2) NO PREPAYMENT PENALTIES IF MORE cipal dwelling, other than a reverse mort- sumer in connection with an existing loan THAN 3 PERCENT OF POINTS AND FEES WERE FI- gage transaction; and which is being refinanced with the proceeds NANCED.—Subject to subsection (l)(1), a ‘‘(ii) the terms of which are described in at of the consumer credit transaction; and’’. mortgage referred to in section 103(aa) may least 1 of the following subclauses: (c) HIGH COST MORTGAGE LENDER.— not contain terms under which a consumer ‘‘(I) The transaction is secured by a first (1) IN GENERAL.—Section 103(f) of the Truth must pay any prepayment penalty for any mortgage on the consumer’s principal dwell- in Lending Act (15 U.S.C. 1602(f)) is amended payment made at or before the end of the 24- ing and the annual percentage rate on the by striking the last sentence and inserting month period referred to in paragraph (1) if credit, at the consummation of the trans- ‘‘Any person who originates 2 or more mort- the creditor financed points or fees in con- action, will exceed by more than 6 percent- gages referred to in subsection (aa) in any 12- nection with the consumer credit trans- age points the yield on Treasury securities month period, any person who originates 1 or action in an amount equal to or greater than having comparable periods of maturity on more such mortgages through a mortgage 3 percent of the total amount of credit ex- the 15th day of the month immediately pre- broker or acted as a mortgage broker be- tended in the transaction. ceding the month in which the application tween originators and consumers on more ‘‘(3) LIMITED PREPAYMENT PENALTY FOR for the extension of credit is received by the than 5 mortgages referred to in subsection EARLY REPAYMENT UNDER CERTAIN CIR- creditor; (aa) within the preceding 12-month period, CUMSTANCES.—Subject to paragraph (2), the ‘‘(II) The transaction is secured by a junior and any creditor-affiliated party shall be terms of a mortgage referred to in section or subordinate mortgage on the consumer’s considered to be a creditor for purposes of 103(aa) may contain terms under which a principal dwelling and the annual percentage this title.’’. consumer must pay a prepayment penalty rate on the credit, at the consummation of (2) CREDITOR-AFFILIATED PARTY DEFINED.— for any payment made at or before the end of the transaction, will exceed by more than 8 Section 103 of the Truth in Lending Act (15 the 24-month period referred to in paragraph percentage points the yield on Treasury se- U.S.C. 1602) is amended by adding at the end (1) to the extent the sum of total amount of curities having comparable periods of matu- the following new subsection: points or fees financed by the creditor, if ‘‘(cc) CREDITOR-AFFILIATED PARTY.—The rity on the 15th day of the month imme- any, in connection with the consumer credit term ‘‘creditor-affiliated party’’ means— diately preceding the month in which the ap- transaction and the total amount payable as (1) any director, officer, employee, or con- plication for the extension of credit is re- a prepayment penalty does not exceed the trolling stockholder of, or agent for, a cred- ceived by the creditor. amount which is equal to 3 percent of the itor; ‘‘(III) The total points and fees payable on total amount of credit extended in the trans- (2) in the case of a creditor which is an in- the transaction will exceed the greater of 5 action. sured depository institution, any other per- percent of the total loan amount or $1,000. ‘‘(4) CONSTRUCTION.—For purposes of this son who has filed or is required to file a subsection, any method of computing a re- ‘‘(B) INTRODUCTORY RATES NOT TAKEN INTO change-in-control notice with the appro- fund of unearned scheduled interest is a pre- ACCOUNT.—If the terms of any consumer priate Federal banking agency under section credit transaction that is secured by the con- payment penalty if it is less favorable to the 7(j) of the Federal Deposit Insurance Act; sumer’s principal dwelling offer, for any ini- consumer than the actuarial method (as that and tial or introductory period, an annual per- term is defined in section 933(d) of the Hous- (3) any shareholder, consultant, joint ven- centage rate of interest which— ing and Community Development Act of ture partner, and any other person, including ‘‘(i) is less than the annual percentage rate 1992). any independent contractor (such as an at- of interest which will apply after the end of ‘‘(5) PREPAYMENT PENALTY DEFINED.—The torney, appraiser, or accountant), who par- such initial or introductory period; or term ‘prepayment penalty’ means any mone- ticipates in the conduct of the affairs of, or ‘‘(ii) in the case of an annual percentage tary penalty imposed on a consumer for pay- controls the lending practices of, a creditor, rate which varies in accordance with an ing all or part of the principal with respect as determined (by regulation or on a case-by- index, which is less than the current annual to a consumer credit transaction before the case) by the appropriate Federal agency percentage rate under the index which will date on which the principal is due.’’. under subsection (a) or (c) of section 108 with (c) ALL BALLOON PAYMENTS PROHIBITED.— apply after the end of such period, respect to the creditor.’’. Section 129(e) of the Truth in Lending Act the annual percentage rate of interest that SEC. 3. AMENDMENTS TO EXISTING REQUIRE- (15 U.S.C. 1639(e)) is amended by striking shall be taken into account for purposes of MENTS FOR HIGH COST CONSUMER ‘‘having a term of less than 5 years’’. subclauses (I) and (II) of subparagraph (A)(ii) MORTGAGES. (d) ASSESSMENT OF ABILITY TO REPAY.— shall be the rate described in clause (i) or (ii) (a) ADDITIONAL DISCLOSURES.—Section Section 129(h) of the Truth in Lending Act of this subparagraph rather than any rate in 129(a)(1) of the Truth in Lending Act (15 (15 U.S.C. 1639(h)) is amended— effect during the initial or introductory pe- U.S.C. 1639(a)(1)) is amended by adding at the (1) by striking ‘‘CONSUMER.—A creditor’’ riod.’’. end the following new subparagraphs: and inserting ‘‘CONSUMER.—

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.052 pfrm12 PsN: S12PT1 S2634 CONGRESSIONAL RECORD — SENATE April 12, 2000

‘‘(1) PROHIBITION ON PATTERNS AND PRAC- SEC. 4. ADDITIONAL REQUIREMENTS FOR HIGH (as added by subsection (b) of this section) TICES.—A creditor’’; and COST CONSUMER MORTGAGES. the following new subsection: (2) by adding at the end the following new (a) SINGLE PREMIUM CREDIT INSURANCE.— ‘‘(m) CREDITOR CALL PROVISION.— paragraphs: Section 129 of the Truth in Lending Act (15 ‘‘(1) IN GENERAL.—A mortgage referred to ‘‘(2) CASE-BY-CASE ASSESSMENTS OF CON- U.S.C. 1639) is amended— in section 103(aa) may not include terms SUMER ABILITY TO PAY REQUIRED.— (1) by redesignating subsections (k) and (l) under which the indebtedness may be accel- ‘‘(A) IN GENERAL.—In addition to the prohi- as subsections (s) and (t), respectively; and erated by the creditor, in the creditor’s sole bition in paragraph (1) on engaging in cer- (2) by inserting after subsection (j), the fol- discretion. tain patterns and practices, a creditor may lowing new subsection: ‘‘(2) EXCEPTION.—Paragraph (1) shall not not extend any credit in connection with any ‘‘(k) SINGLE PREMIUM CREDIT INSURANCE.— apply when repayment of the loan has been mortgage referred to in section 103(aa) unless ‘‘(1) IN GENERAL.—The terms of a mortgage accelerated as a result of a bona fide de- the creditor has determined, at the time referred to in section 103(aa) may not re- fault.’’. such credit is extended, that 1 or more of the quire, and no creditor or other person may (d) PROHIBITION ON ACTIONS ENCOURAGING resident obligors, when considered individ- require or allow— DEFAULT.—Section 129 of the Truth in Lend- ually and collectively, will be able to make ‘‘(A) the advance collection of a premium, ing Act (15 U.S.C. 1639) is amended by insert- the scheduled payments under the terms of on a single premium basis, for any credit ing after subsection (m) (as added by sub- the transaction based on a consideration of life, credit disability, credit unemployment, section (c) of this section) the following new their current and expected income, current or credit property insurance, and any analo- subsection: obligations, employment status, and other gous product; or ‘‘(n) PROHIBITION ON ACTIONS ENCOURAGING financial resources, without taking into ac- ‘‘(B) the advance collection of a fee for any DEFAULT.—No creditor may make any state- count any equity of any such obligor in the debt cancellation or suspension agreement or ment, take any action, or fail to take any dwelling which is the security for the credit. contract, action before or in connection with the for- mation or consummation of any mortgage ‘‘(B) REGULATIONS.—The Board shall pre- in connection with any such mortgage, referred to in section 103(aa) to refinance all scribe, by regulation the appropriate format whether such premium or fee is paid directly or any portion of an existing loan or other for determining a consumer’s ability to pay by the consumer or is financed by the con- extension of credit, if the statement, action, and the criteria to be considered in making sumer through such mortgage. or failure to act has the effect of encour- any such determination. ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) aging or recommending the consumer to de- ‘‘(C) RESIDENT OBLIGOR.—For purposes of shall not be construed as affecting the right fault on the existing loan or other extension this paragraph, the term ‘resident obligor’ of a creditor to collect premium payments of credit at any time before, or in connection means an obligor for whom the dwelling se- on insurance or debt cancellation or suspen- with, the closing or any scheduled closing on curing the extension of credit is, or upon the sion fees referred to in paragraph (1) that are such mortgage.’’. consummation of the transaction will be, the calculated and paid on a regular monthly (e) MODIFICATION OR DEFERRAL FEES.—Sec- principal residence. basis, if the insurance transaction is con- tion 129 of the Truth in Lending Act (15 ‘‘(3) VERIFICATION.—The requirements of ducted separately from the mortgage trans- U.S.C. 1639) is amended by inserting after paragraphs (1) and (2) shall not be deemed to action, the insurance may be canceled by the subsection (n) (as added by subsection (d) of have been met unless any information relied consumer at any time, and the insurance this section) the following new subsection: upon by the creditor for purposes of any such policy is automatically canceled upon repay- ‘‘(o) MODIFICATION OR DEFERRAL FEES.— paragraph has been verified by the creditor ment or other termination of the mortgage ‘‘(1) IN GENERAL.—Except as provided in independently of information provided by referred to in paragraph (1).’’. paragraph (2), a creditor may not charge any any resident obligor.’’. (b) RESTRICTION ON FINANCING POINTS AND consumer with respect to a mortgage re- (e) REQUIREMENTS RELATING TO HOME IM- FEES.—Section 129 of the Truth in Lending ferred to in section 103(aa) any fee or other PROVEMENT CONTRACTS.—Section 129(i) of the Act (15 U.S.C. 1639) is amended by inserting charge— Truth in Lending Act (15 U.S.C. 1639(i)) is after subsection (k) (as added by subsection ‘‘(A) to modify, renew, extend, or amend amended— (a) of this section) the following new sub- such mortgage, or any provision of the terms (1) by striking ‘‘IMPROVEMENT CON- section: of the mortgage; or TRACTS.—A creditor’’ and inserting ‘‘IM- ‘‘(l) RESTRICTION ON FINANCING POINTS AND ‘‘(B) to defer any payment otherwise due PROVEMENT CONTRACTS.— FEES.— under the terms of the mortgage. ‘‘(1) IN GENERAL.—A creditor’’; and ‘‘(1) LIMIT ON AMOUNT OF POINTS AND FEES ‘‘(2) EXCEPTION FOR MODIFICATIONS FOR THE (2) by adding at the end the following new THAT MAY BE FINANCED.—Subject to para- BENEFIT OF THE CONSUMER.—Paragraph (1) paragraph: graphs (2) and (3) of subsection (c), no cred- shall not apply with respect to any fee im- ‘‘(2) AFFIRMATIVE CLAIMS AND DEFENSES.— itor may, in connection with the formation posed in connection with any action de- Notwithstanding any other provision of law, or consummation of a mortgage referred to scribed in subparagraph (A) or (B) if— any assignee or holder, in any capacity, of a in section 103(aa), finance, directly or indi- ‘‘(A) the action provides a material benefit mortgage referred to in section 103(aa) which rectly, any portion of the points, fees, or to the consumer; and was made, arranged, or assigned by a person other charges payable to the creditor or any ‘‘(B) the amount of the fee or charge does financing home improvements to the dwell- third party in an amount in excess of the not exceed— ing of a consumer shall be subject to all af- greater of 3 percent of the total loan amount ‘‘(i) an amount equal to 0.5 percent of the firmative claims and defenses which the con- or $600. total loan amount; or sumer may have against the seller, home im- ‘‘(2) PROHIBITION ON FINANCING CERTAIN ‘‘(ii) in any case in which the total loan provement contractor, broker, or creditor POINTS, FEES, OR CHARGES.—No creditor may, amount of the mortgage does not exceed with respect to such mortgage or home im- in connection with the formation or con- $60,000, an amount in excess of $300.’’. provements.’’. summation of a mortgage referred to in sec- (f) CONSUMER COUNSELING REQUIREMENTS.— tion 103(aa), finance, directly or indirectly, (f) CLARIFICATION OF RESCISSION RIGHTS.— Section 129 of the Truth in Lending Act (15 any of the following fees or other charges Section 129(j) of the Truth in Lending Act (15 U.S.C. 1639) is amended by inserting after payable to the creditor or any third party: U.S.C. 1639(j)) is amended to read as follows: subsection (o) (as added by subsection (e) of ‘‘(A) Any prepayment fee or penalty re- this section) the following new subsection: ‘‘(j) CONSEQUENCE OF FAILURE TO COMPLY.— quired to be paid by the consumer in connec- ‘‘(p) CONSUMER COUNSELING REQUIRE- ‘‘(1) IN GENERAL.—If, in the case of a mort- tion with a loan or other extension of credit MENT.— gage referred to in section 103(aa)— which is being refinanced by such mortgage ‘‘(1) IN GENERAL.—A creditor may not ex- ‘‘(A) the mortgage contains a provision if the creditor, with respect to such mort- tend any credit in the form of a mortgage re- prohibited by this section or does not con- gage, or any affiliate of the creditor, is the ferred to in section 103(aa) to any consumer, tain a provision required by this section; or creditor with respect to the loan or other ex- unless the creditor has provided to the con- ‘‘(B) a creditor or other person fails to tension of credit being refinanced. sumer, at such time before the consumma- comply with the provisions of this section, ‘‘(B) Any points, fees, or other charges re- tion of the mortgage and in such manner as whether by an act or omission, with regard quired to be paid by the consumer in connec- the Board shall provide by regulation, all of to such mortgage at any time, tion with such mortgage if— the following: the consummation of the consumer credit ‘‘(i) the mortgage is being entered into in ‘‘(A) All warnings and disclosures regard- transaction resulting in such mortgage shall order to refinance an existing mortgage of ing the risks of the mortgage to the con- be treated as a failure to deliver the mate- the consumer that is referred to in section sumer. rial disclosures required under this title for 103(aa); and ‘‘(B) A separate written statement recom- the purpose of section 125. ‘‘(ii) if the creditor, with respect to such mending that the consumer take advantage ‘‘(2) RULE OF APPLICATION.—In any applica- new mortgage, or any affiliate of the cred- of available home ownership or credit coun- tion of section 125 to a mortgage described in itor, is the creditor with respect to the exist- seling services before agreeing to the terms section 103(aa) under circumstances de- ing mortgage which is being refinanced.’’. of any mortgage referred to in section scribed in paragraph (1), paragraphs (2) and (c) CREDITOR CALL PROVISION.—Section 129 103(aa). (4) of section 125(e) shall not apply or be of the Truth in Lending Act (15 U.S.C. 1639) ‘‘(C) A written statement containing the taken into account.’’. is amended by inserting after subsection (l) names, addresses, and telephone numbers of

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.053 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2635 names, addresses, and telephone numbers of cumvention or evasion of the requirements a mortgage referred to in section 103(aa), and counseling agencies or programs reasonably of this section or to facilitate compliance each successor to such creditor with respect available to the consumer that have been with the requirements of this section.’’. to such transaction, shall report the com- certified or approved by the Secretary of SEC. 5. AMENDMENTS RELATING TO RIGHT OF plete payment history, favorable and unfa- Housing and Urban Development, a State RESCISSION. vorable, of the obligor with respect to such housing finance authority (as defined in sec- (a) TIMING OF WAIVER BY CONSUMER.—Sec- transaction to a consumer reporting agency tion 1301 of the Financial Institutions Re- tion 125(a) of the Truth in Lending Act (15 that compiles and maintains files on con- form, Recovery, and Enforcement Act of U.S.C. 1635(a)) is amended— sumers on a nationwide basis at least quar- 1989), or the agency referred to in subsection (1) by striking ‘‘(a) Except as otherwise terly, or more frequently as required by reg- (a) or (c) of section 108 with jurisdiction over provided’’ and inserting ‘‘(a) RIGHT ESTAB- ulation or in guidelines established by par- the creditor as qualified to provide coun- LISHED.— ticipants in the secondary mortgage market, seling on— ‘‘(1) IN GENERAL.—Except as otherwise pro- while such transaction is in effect. ‘‘(i) the advisability of a high cost loan vided’’; and ‘‘(2) DEFINITIONS.—For purposes of para- transaction; and (2) by adding at the end the following new graph (1), the terms ‘credit’ and ‘creditor’ ‘‘(ii) the appropriateness of a high cost paragraph: have the same meanings as in section 103.’’. loan for the consumer. ‘‘(2) TIMING OF ELECTION OF WAIVER BY CON- SEC. 8. REGULATIONS. ‘‘(B) COMPLETE AND UPDATED LISTS RE- SUMER.—No election by a consumer to waive The Board of Governors of the Federal Re- QUIRED.—Any failure to provide as complete the right established under paragraph (1) to serve System shall publish regulations im- or updated a list under paragraph (1)(C) as is rescind a transaction shall be effective if— plementing this Act, and the amendments reasonably possible shall constitute a viola- ‘‘(A) the waiver was required by the cred- made by this Act, in final form before the tion of this section.’’. itor as a condition for the transaction; end of the 6-month period beginning on the (g) ARBITRATION.—Section 129 of the Truth ‘‘(B) the creditor advised or encouraged the date of the enactment of this Act. in Lending Act (15 U.S.C. 1639) is amended by consumer to waive such right of the con- inserting after subsection (p) (as added by sumer; or SUMMARY OF THE ‘‘PREDATORY LENDING subsection (f) of this section) the following ‘‘(C) the creditor had any discussion with CONSUMER PROTECTION ACT OF 2000’’ new subsection: the consumer about a waiver of such right Definition of ‘‘High Cost’’ Mortgage: the ‘‘(q) ARBITRATION.— during the period beginning when the con- legislation tightens the definition of a ‘‘high ‘‘(1) IN GENERAL.—A mortgage referred to sumer provides written acknowledgement of cost mortgage,’’ for which certain consumer in section 103(aa) may not include terms the receipt of the disclosures and the deliv- protections are triggered. The new defini- which require arbitration or any other non- ery of forms and information required to be tion, which amends the ‘‘Home Ownership judicial procedure as the method for resolv- provided to the consumer under paragraph Equipment Protection Act,’’ is as follows: ing any controversy or settling any claims (1) and ending at such time as the Board de- First mortgages that exceed Treasury securi- arising out of the transaction. termines, by regulation, to be appropriate.’’. ties by six (6) percentage points; second ‘‘(2) POST-CONTROVERSY AGREEMENTS.—Sub- (b) NONCOMPLIANCE WITH REQUIREMENTS AS mortgages that exceed Treasury securities ject to paragraph (3), paragraph (1) shall not RECOUPMENT IN FORECLOSURE PROCEEDING.— by eight (8) percentage points; or mortgages be construed as limiting the right of the con- Section 130(e) of the Truth in Lending Act where total points and fees payable by the sumer and the creditor to agree to arbitra- (15 U.S.C. 1640(e)) is amended by inserting borrower exceed the greater of five percent tion or any other nonjudicial procedure as after the 2d sentence the following new sen- (5%) of the total loan amount, or $1,000. The the method for resolving any controversy at tence: ‘‘This subsection also does not bar a bill revises the definition of points and fees any time after a dispute or claim under the person from asserting a rescission under sec- to be more inclusive. transaction arises. tion 125, in an action to collect the debt as a The following key protections are trig- ‘‘(3) NO WAIVER OF STATUTORY CAUSE OF AC- defense to a judicial or nonjudicial fore- gered for high cost mortgages only: TION.—No provision of any mortgage referred closure after the expiration of the time peri- Restrictions on financing of points and fees. to in section 103(aa) or any agreement be- ods for affirmative actions set forth in this The bill restricts a creditor from directly or tween the consumer and the creditor shall be section and section 125.’’. indirectly financing any portion of the applied or interpreted so as to bar a con- SEC. 6. AMENDMENTS TO CIVIL LIABILITY PROVI- points, fees or other charges greater than 3% sumer from bringing an action in an appro- SIONS. of the total sum of the loan, or $600. The priate district court of the United States, or (a) INCREASE IN AMOUNT OF CIVIL MONEY lender cannot finance prepayment penalties any other court of competent jurisdiction, PENALTIES FOR CERTAIN VIOLATIONS.—Sec- or points paid by the consumer if the origi- pursuant to section 130 or any other provi- tion 130(a) of the Truth in Lending Act (15 nator of the loan is refinancing the loan. sion of law, for damages or other relief in U.S.C. 1640) is amended— Moreover, the lender or any affiliated cred- connection with any alleged violation of this (1) in (2)(A)(iii), by striking ‘‘$2,000’’ and in- itor cannot finance points and fees for the section, any other provision of this title, or serting ‘‘$10,000’’; and refinancing of a loan they originated. any other Federal law.’’. (2) in paragraph (2)(B), by striking ‘‘ lesser Limitation on the payment of prepayment (h) PROHIBITION ON EVASIONS.—Section 129 of $500,000 or 1 percentum of the net worth of penalties. The bill prohibits the lender from of the Truth in Lending Act (15 U.S.C. 1639) the creditor’’ and inserting ‘‘the greater of— imposing prepayment penalties after the ini- is amended by inserting after subsection (q) ‘‘(i) the amount determined by multiplying tial 24 month period of the loan. During the (as added by subsection (g) of this section) the maximum amount of liability under sub- first 24 months of a loan, prepayment pen- the following new subsection: paragraph (A) for such failure to comply in alties are limited to the difference in the ‘‘(r) PROHIBITIONS ON EVASIONS, STRUC- an individual action by the number of mem- amount of closing costs and fees financed TURING OF TRANSACTIONS, AND RECIPROCAL bers in the certified class; or and 3% of the total loan amount. ARRANGEMENTS.— ‘‘(ii) the amount equal to 2 percent of the Prohibition on balloon payments. The bill ‘‘(1) IN GENERAL.—A creditor may not take net worth of the creditor.’’. prohibits the use of balloon payments. any action— (b) STATUTE OF LIMITATIONS EXTENDED FOR Limitation on single premium credit insur- ‘‘(A) for the purpose or with the intent to SECTION 129 VIOLATIONS.—Section 130(e) of ance. The bill would prohibit upfront pay- circumvent or evade any requirement of this the Truth in Lending Act (15 U.S.C. 1640(e)) ment or financing of credit life, credit dis- title, including entering into a reciprocal ar- (as amended by section 5(b) of this Act) is ability or credit unemployment insurance on rangement with any other creditor or affil- amended— a single premium basis. However, borrowers iate of another creditor or dividing a trans- (1) in the 1st sentence, by striking ‘‘Any are free to purchase such insurance with the action into separate parts, for the purpose of action’’ and inserting ‘‘Except as provided in regular mortgage payment on a periodic evading or circumventing any such require- the subsequent sentence, any action’’; and basis, provided that it is a separate trans- ment; or (2) by inserting after the 1st sentence the action that can be canceled at any time. ‘‘(B) with regard to any other loan or ex- following new sentence: ‘‘Any action under Extension of liability for home improvement tension of credit for the purpose or with the this section with respect to any violation of contract loans. The bill would make parent intent to evade the requirements of this section 129 may be brought in any United companies and officers of lenders, or subse- title, including structuring or restructuring States district court, or in any other court of quent holders of loans by a contractor, liable a consumer credit transaction as another competent jurisdiction, before the end of the for HOEPA violations if the contractor goes form of loan, such as a business loan. 3-year period beginning on the date of the oc- out of business to avoid liability. ‘‘(2) OTHER ACTIONS.—In addition to the ac- currence of the violation.’’. Limitation on mandatory arbitration clauses. tions prohibited under paragraph (1), a cred- SEC. 7. AMENDMENT TO FAIR CREDIT REPORT- The bill prohibits mortgages from including itor may not take any action which the ING ACT. terms which require arbitration or other Board determines, by regulation, constitutes Section 623 of the Fair Credit Reporting non-judicial settlement as the sole method a bad faith effort to evade or circumvent any Act (15 U.S.C. 1681s–2) is amended by adding of settling claims or disputes arising under requirement of this section with regard to a at the end the following new subsection: the loan agreement. consumer credit transaction. ‘‘(e) DUTY OF CREDITORS WITH RESPECT TO Prohibition on requiring rescission of rights. ‘‘(3) REGULATIONS.—The Board shall pre- HIGH COST MORTGAGES.— The bill prohibits a creditor from requiring scribe such regulations as the Board deter- ‘‘(1) IN GENERAL.—Each creditor who enters or encouraging a borrower to sign an elec- mines to be appropriate to prevent cir- into a consumer credit transaction which is tion not to exercise the three-day right to

VerDate 20-MAR-2000 04:38 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.053 pfrm12 PsN: S12PT1 S2636 CONGRESSIONAL RECORD — SENATE April 12, 2000 rescind or cancel a credit transaction at the S. 801 of a plaque to honor Vietnam veterans same time that the borrowers receives notice At the request of Mr. HUTCHINSON, his who died after their service in the Viet- of the right of rescission. name was added as a cosponsor of S. nam war, but as a direct result of that Other provisions in the bill: 801, a bill to amend the Internal Rev- Increase statutory damages in individual service. civil actions and class actions. The max- enue Code of 1986 to reduce the tax on S. 2005 imum amount that can be awarded in indi- beer to its pre-1991 level. At the request of Mr. BURNS, the vidual actions is increased to $100,000. The S. 1452 name of the Senator from Texas (Mr. maximum amount that can be awarded in a At the request of Mr. SHELBY, the GRAMM) was added as a cosponsor of S. class action is the greater of: (1) the max- name of the Senator from North Caro- 2005, a bill to repeal the modification of imum amount of the liability available for lina (Mr. EDWARDS) was added as a co- the installment method. an individual action multiplied by the num- ber of members or (ii) percent of the net sponsor of S. 1452, a bill to modernize S. 2018 worth of the creditor. the requirements under the National At the request of Mrs. HUTCHISON, the Require that as a condition for making a Manufactured Housing Construction name of the Senator from Rhode Island high cost loan, a creditor make a determina- and Safety Standards of 1974 and to es- (Mr. L. CHAFEE) was added as a cospon- tion at the time the loan is consummated, tablish a balanced consensus process sor of S. 2018, a bill to amend title that the borrower will be able to make the for the development, revision, and in- XVIII of the Social Security Act to re- schedule payments to repay the loan obliga- terpretation of Federal construction vise the update factor used in making tion. and safety standards for manufactured Prohibit a lender from making a high cost payments to PPS hospitals under the loan unless it certifies that it has provided homes. medicare program. the borrower with certain information re- S. 1487 S. 2081 garding the risks associated with high cost At the request of Mr. AKAKA, the At the request of Mr. HATCH, the loans and the availability of home ownership name of the Senator from Minnesota name of the Senator from Utah (Mr . counseling. (Mr. WELLSTONE) was added as a co- BENNETT) was added as a cosponsor of Require additional disclosures related to sponsor of S. 1487, a bill to provide for the risks associated with high cost mort- S. 2081, a bill entitled ‘‘Religious Lib- gages. excellence in economic education, and erty Protection Act of 2000.’’ Prohibit a creditor/lender from: (i) recom- for other purposes. S. 2082 mending or encouraging default on an exist- S. 1557 At the request of Mr. LEAHY, his ing loan or other debt prior to, or in connec- At the request of Mr. KERREY, the name was added as a cosponsor of S. tion with, a closing on a high cost loan, (ii) name of the Senator from Hawaii (Mr. 2082, a bill to establish a program to including any provision which permits the INOUYE) was added as a cosponsor of S. creditor, in its sole discretion, to accelerate award grants to improve and maintain the indebtedness under the loan, or (iii) 1557, a bill to amend the Internal Rev- sites honoring Presidents of the United charging a borrower any fee to modify a enue Code of 1986 to codify the author- States. high-cost loan or defer payment due under ity of the Secretary of the Treasury to S. 2297 such high cost loan unless it provides a ma- issue regulations covering the prac- At the request of Mr. CRAPO, the terial benefit to the borrower. tices of enrolled agents. names of the Senator from Utah (Mr. Require that a creditor annually report S. 1623 both favorable and unfavorable payment his- BENNETT), the Senator from North Da- tory of borrowers to credit bureaus. At the request of Mr. SPECTER, the kota (Mr. CONRAD), the Senator from f name of the Senator from Washington North Dakota (Mr. DORGAN), and the (Mr. GORTON) was added as a cosponsor Senator from Oklahoma (Mr. INHOFE) ADDITIONAL COSPONSORS of S. 1623, a bill to select a National were added as cosponsors of S. 2297, a S. 459 Health Museum site. bill to reauthorize the Water Resources At the request of Mr. HATCH, the S. 1810 Research Act of 1984. name of the Senator from New Mexico At the request of Mrs. MURRAY, the S. 2323 (Mr. DOMENICI) was added as a cospon- name of the Senator from Rhode Island At the request of Mr. MCCONNELL, sor of S. 459, a bill to amend the Inter- (Mr. L. CHAFEE) was added as a cospon- the names of the Senator from Ohio nal Revenue Code of 1986 to increase sor of S. 1810, a bill to amend title 38, (Mr. VOINOVICH), the Senator from Ar- the State ceiling on private activity United States Code, to clarify and im- kansas (Mrs. LINCOLN), the Senator bonds. prove veterans’ claims and appellate from New Jersey (Mr. TORRICELLI), the S. 660 procedures. Senator from Florida (Mr. GRAHAM), At the request of Mr. BINGAMAN, the S. 1814 and the Senator from Missouri (Mr. name of the Senator from Iowa (Mr. At the request of Mr. SMITH of Or- ASHCROFT) were added as cosponsors of HARKIN) was added as a cosponsor of S. egon, the name of the Senator from S. 2323, a bill to amend the Fair Labor 660, a bill to amend title XVIII of the Tennessee (Mr. FRIST) was added as a Standards Act of 1938 to clarify the Social Security Act to provide for cov- cosponsor of S. 1814, a bill to establish treatment of stock options under the erage under part B of the medicare pro- a system of registries of temporary ag- Act. gram of medical nutrition therapy ricultural workers to provide for a suf- S. 2357 services furnished by registered dieti- ficient supply of such workers and to At the request of Mr. REID, the name tians and nutrition professionals. amend the Immigration and Nation- of the Senator from Arizona (Mr. S. 741 ality Act to streamline procedures for MCCAIN) was added as a cosponsor of S. At the request of Mr. GRAHAM, the the admission and extension of stay of 2357, a bill to amend title 38, United name of the Senator from Rhode Island nonimmigrant agricultural workers, States Code, to permit retired mem- (Mr. L. CHAFEE) was added as a cospon- and for other purposes. bers of the Armed Forces who have a sor of S. 741, a bill to provide for pen- S. 1855 service-connected disability to receive sion reform, and for other purposes. At the request of Mr. MURKOWSKI, the military retired pay concurrently with S. 796 name of the Senator from Colorado veterans’ disability compensation. At the request of Mr. DOMENICI, the (Mr. ALLARD) was added as a cosponsor S. 2386 name of the Senator from Iowa (Mr. of S. 1855, a bill to establish age limita- At the request of Mrs. FEINSTEIN, the GRASSLEY) was added as a cosponsor of tions for airmen. name of the Senator from Ohio (Mr. S. 796, a bill to provide for full parity S. 1921 VOINOVICH) was added as a cosponsor of with respect to health insurance cov- At the request of Mr. CAMPBELL, the S. 2386, a bill to extend the Stamp Out erage for certain severe biologically- names of the Senator from Rhode Is- Breast Cancer Act. based mental illnesses and to prohibit land (Mr. L. CHAFEE), and the Senator S. 2390 limits on the number of mental illness- from North Dakota (Mr. CONRAD) were At the request of Mr. DEWINE, the related hospital days and outpatient added as cosponsors of S. 1921, a bill to names of the Senator from Pennsyl- visits that are covered for all mental authorize the placement within the vania (Mr. SANTORUM) and the Senator illnesses. site of the Vietnam Veterans Memorial from Missouri (Mr. ASHCROFT) were

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.054 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2637 added as cosponsors of S. 2390, a bill to SENATE RESOLUTION 286—EX- Resolved, That it is the sense of the Senate establish a grant program that pro- PRESSING THE SENSE OF THE that— SENATE THAT THE UNITED (1) the Senate Foreign Relations Com- vides incentives for States to enact mittee should hold hearings on the conven- mandatory minimum sentences for cer- STATES SENATE COMMITTEE ON tion on the Elimination of All Forms of Dis- tain firearms offenses, and for other FOREIGN RELATIONS SHOULD crimination Against Women (CEDAW); and purposes. HOLD HEARINGS AND THE SEN- (2) the Senate should act on CEDAW by ATE SHOULD ACT ON THE CON- July 19, 2000, the 20th anniversary of the S. 2394 VENTION OF THE ELIMINATION signing of the convention by the United States. At the request of Mr. MOYNIHAN, the OF ALL FORMS OF DISCRIMINA- f names of the Senator from Illinois (Mr. TION AGAINST WOMEN (CEDAW) DURBIN) and the Senator from Lou- Mrs. BOXER (for herself, Mr. AKAKA, SENATE RESOLUTION 287—EX- isiana (Ms. LANDRIEU) were added as Mr. BIDEN, Mr. BINGAMAN, Ms. COLLINS, PRESSING THE SENSE OF THE SENATE REGARDING U.S. POLICY cosponsors of S. 2394, a bill to amend Mr. DASCHLE, Mr. DODD, Mr. DORGAN, TOWARD LIBYA title XVIII of the Social Security Act Mr. DURBIN, Mr. FEINGOLD, Mrs. FEIN- to stabilize indirect graduate medical STEIN, Mr. GRAHAM, Mr. HARKIN, Mr. Mr. HELMS (for himself, Mr. KEN- education payments. INOUYE, Mr. KERRY, Mr. KENNEDY, Ms. NEDY, and Mr. LAUTENBERG) submitted LANDRIEU, Mr. LAUTENBERG, Mr. the following resolution; which was re- S. CON. RES. 98 LEAHY, Mr. LEVIN, Mrs. LINCOLN, Ms. ferred to the Committee on Foreign At the request of Mr. DEWINE, the MIKULSKI, Mr. MOYNIHAN, Mrs. MUR- Relations: names of the Senator from Wisconsin RAY, Mr. ROBB, Mr. REED, Mr. REID, Mr. S. RES. 287 (Mr. FEINGOLD) and the Senator from SARBANES, Mr. SCHUMER, Ms. SNOWE, Whereas 270 people, including 189 Ameri- Texas (Mrs. HUTCHISON) were added as Mr. SPECTER, Mr. TORRICELLI, Mr. cans, were killed in the terrorist bombing of cosponsors of S. Con. Res. 98, a concur- WELLSTONE, and Mr. WYDEN) submitted Pan Am Flight 103 over Lockerbie, Scotland rent resolution urging compliance with the following resolution; which was or- on December 21, 1988; Whereas this bombing was one of the worst the Hague Convention on the Civil As- dered to lie over, under the rule: terrorist atrocities in American history; pects of International Child Abduction. S. RES. 286 Whereas 2 Libyan suspects in the attack are scheduled to go on trial in The Nether- S.J. RES. 44 Whereas the United States has shown lead- ership in promoting human rights, including lands on May 3, 2000; At the request of Mr. KENNEDY, the the rights of women and girls, and was in- Whereas the United Nations Security names of the Senator from California strumental in the development of inter- Council has required Libya to cooperate throughout the trial, pay compensation to (Mrs. BOXER), the Senator from Nevada national human rights treaties and norms, the families if the suspects are found guilty, (Mr. BRYAN), the Senator from Con- including the International Convention on the Elimination of all Forms of Discrimina- and end support for international terrorism necticut (Mr. DODD), the Senator from tion Against Women (CEDAW); before multilateral sanctions can be perma- Alaska (Mr. MURKOWSKI), and the Sen- Whereas the Senate has already agreed to nently lifted; ator from Wisconsin (Mr. KOHL) were the ratification of several important human Whereas Libya is accused in the 1986 La added as cosponsors of S.J. Res. 44, a rights treaties, including the Genocide Con- Belle discotheque bombing in Germany joint resolution supporting the Day of vention, the Convention Against Torture, which resulted in the death of 2 United the International Covenant on Civil and Po- States servicemen; Honor 2000 to honor and recognize the Whereas in March 1999, 6 Libyan intel- service of minority veterans in the litical Rights, and the Convention on the Elimination of All Forms of Racial Discrimi- ligence agents including Muammar Qadhafi’s United States Armed Forces during nation; brother-in-law, were convicted in absentia by World War II. Whereas CEDAW establishes a worldwide French courts for the bombing of UTA Flight commitment to combat discrimination 772 that resulted in the death of 171 people, S. RES. 268 against women and girls; including 7 Americans; At the request of Mr. EDWARDS, the Whereas 165 countries of the world have Whereas restrictions on United States citi- names of the Senator from California ratified or acceded to CEDAW and the United zens’ travel to Libya, known informally as a States is among a small minority of coun- travel ban, have been in effect since Decem- (Mrs. FEINSTEIN), the Senator from Illi- tries, including Afghanistan, North Korea, ber 11, 1981, as a result of ‘‘threats of hostile nois (Mr. DURBIN), the Senator from Iran, and Sudan, which have not; acts against Americans’’ according to the South Dakota (Mr. JOHNSON), the Sen- Whereas CEDAW is helping combat vio- Department of State; ator from Indiana (Mr. BAYH), the Sen- lence and discrimination against women and Whereas on March 22, 4 United States ator from Rhode Island (Mr. L. girls around the world; State Department officials departed for Libya as part of a review of the travel ban; CHAFEE), the Senator from South Caro- Whereas CEDAW has had a significant and positive impact on legal developments in and lina (Mr. HOLLINGS) , the Senator from countries as diverse as Uganda, Colombia, Whereas Libyan officials have interpreted Louisiana (Ms. LANDRIEU), the Senator Brazil, and South Africa, including, on citi- the review as a positive signal from the from Rhode Island (Mr. REED), the Sen- zenship rights in Botswana and Japan, inher- United States, and according to a senior Lib- ator from Alabama (Mr. SHELBY), and itance rights in Tanzania, property rights yan official ‘‘the international community the Senator from Arkansas (Mrs. LIN- and political participation in Costa Rica; was convinced that Libya’s foreign policy po- sition was not wrong and there is a notice- COLN) were added as cosponsors of S. Whereas the Administration has proposed able improvement in Libya’s relations with Res. 268, a resolution designating July a small number of reservations, under- standings, and declarations to ensure that the world’’: Now, therefore, be it 17 through July 23 as ‘‘National Fragile U.S. ratification fully complies with all con- Resolved, That it is the sense of the Senate X Awareness Week.’’ stitutional requirements, including states’ that— (1) Libya’s refusal to accept responsibility S. RES. 272 and individuals’ rights; Whereas the legislatures of California, for its role in terrorist attacks against At the request of Mr. VOINOVICH, the Iowa, Massachusetts, New Hampshire, New United States citizens suggests that the im- York, North Carolina, South Dakota, and minent danger to the physical safety of names of the Senator from Indiana United States travelers continues; (Mr. LUGAR) and the Senator from Ohio Vermont have endorsed U.S. ratification of CEDAW; (2) the Administration should consult fully (Mr. DEWINE) were added as cosponsors Whereas more than one hundred U.S.- with Congress in considering policy toward of S. Res. 272, a resolution expressing based, civic, legal, religious, education, and Libya, including disclosure of any assurances the sense of the Senate that the United environmental organizations, including received by the Qadhafi regime relative to States should remain actively engaged many major national membership organiza- the judicial proceedings in The Hague; and in southeastern Europe to promote tions, support U.S. ratification of CEDAW; (3) the travel ban and all other United Whereas ratification of CEDAW would States restrictions on Libya should not be long-term peace, stability, and pros- eased until all cases of American victims of perity; continue to vigorously oppose allow the United States to nominate a rep- resentative to the CEDAW oversight com- Libyan terrorism have been resolved and the the brutal regime of Slobodan mittee; and Government of Libya has cooperated fully in Milosevic while supporting the efforts Whereas 2000 is the 21st anniversary of the bringing the perpetrators to justice. of the democratic opposition; and fully adoption of CEDAW by the United Nations Mr. KENNEDY. Mr. President, I am implement the Stability Pact. General Assembly: Now, therefore, be it pleased to join Senators HELMS and

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.056 pfrm12 PsN: S12PT1 S2638 CONGRESSIONAL RECORD — SENATE April 12, 2000 LAUTENBERG in submitting this resolu- before the trial in the Netherlands be- that Libya’s refusal to accept responsi- tion on the travel ban and other U.S. gins. They question how much informa- bility for its role in terrorist attacks restrictions on Libya. tion the State Department was able to against United States citizens suggests At the end of March, a team of State obtain by spending only 26 hours in that the imminent danger to the phys- Department officials visited Libya as Libya. They wonder why the State De- ical safety of United States travelers part of a review of the ban that has partment could not continue to use the continues. It calls on the Administra- been in effect since 1981 on U.S. travel same sources of information it has tion to consult fully with the U.S. Con- to Libya. State Department officials been using for many years to make a gress in considering policy toward were in Libya for 26 hours, visiting ho- determination about the travel ban. Libya. It states that the travel ban and tels and other sites. Based on the find- There is no reason to believe that the all other U.S. restrictions on Libya ings of this delegation, the State De- situation in Libya has changed since should not be eased until all cases of partment is preparing a recommenda- November 1999, when the travel ban American victims of Libyan terrorism tion for the Secretary of State to help was last extended on the basis of immi- have been resolved and the government her determine whether there is still nent danger to American citizens. In- of Libya has cooperated fully in bring- ‘‘imminent danger to . . . the physical deed, in January 2000 President Clinton ing the perpetrators to justice. safety of United States travellers,’’ as cited Libya’s support for terrorist ac- I urge my colleagues to support this the law requires in order to maintain tivities and its non-compliance with resolution, and I ask unanimous con- the ban. UN Security Council Resolutions 731, sent that a Washington Post article Because of the travel ban, American 748, and 863 as actions and policies that and editorial on this subject be printed citizens can travel to Libya only if ‘‘pose a continuing unusual and ex- in the RECORD. they obtain a license from the Depart- traordinary threat to the national se- There being no objection, the mate- ment of the Treasury. In addition, the curity and vital foreign policy interest rial was ordered to be printed in the State Department must first validate a of the United States.’’ RECORD, as follows: passport for travel to Libya. These American families have waited [From the Washington Post, Mar. 26, 2000] The travel ban was imposed origi- for justice for eleven long years. They STEALTHY SHIFT ON LIBYA nally for safety reasons and predates felt betrayed by the decision to send (By Jim Hoagland) the terrorist bombing of Pan Am the consular delegation to Libya. They In the 11 years since her husband and 188 Flight 103. But lifting the ban now, just have watched with dismay as our close other Americans were murdered aboard Pan as the two Libyan suspects are about ally, Great Britain, has moved to rees- Am 103, Victoria Cummock has learned to to go on trial in The Netherlands for tablish diplomatic relations with listen carefully to the words State Depart- their role in that atrocity, will un- Libya, before justice is served for the ment officials, say, and do not say, to her. So doubtedly be viewed as a gesture of British citizens killed in the terrorist alarm bells went off for Cummock the third good will to Colonel Qadhafi. bombing. The State Department denies or fourth time her latest interlocutor from After State Department announced it, but the families are concerned that Foggy Bottom seemed to limit responsibility for the terror bombing to ‘‘the two indicted that it would send this consular team the visit signals a change in U.S. pol- Libyans.’’ to Libya, a Saudi-owned daily paper icy, undermines U.S. sanctions, and ‘‘Wait a minute,’’ Cummock recalls telling quoted a senior Libyan official as say- calls into question the Administra- Michael Sheehan, head of the State Depart- ing the one-day visit by the U.S. team tion’s commitment to vigorously en- ment’s counterterrorism office. ‘‘Your de- was a ‘‘step in the right direction.’’ force the Iran Libya Sanctions Act. partment always spoke of Libya and state- The official said the visit was a sign That Act requires the United States to sponsored terrorism being responsible. You that ‘‘the international community impose sanctions on foreign companies are distancing your past position. You now was convinced that Libya’s foreign pol- present this as just two wild and crazy guys which invest more than $40 million in off on their own? What is going on?’’ icy position was not wrong and there is the Libyan petroleum industry, until In the small space between two bureau- a noticeable improvement in Libya’s Libya complies with the conditions cratic formulations Victoria Cummock relations with the world.’’ specified by the U.N. Security Council heard the sound of her husband, and the Libya’s Deputy Minister for Foreign in its resolutions. other victims of a gigantic crime aimed at Affairs and International Cooperation The bombing of Pan Am Flight 103, their nation, being consigned to official ob- said the visit demonstrated that the in which 188 Americans were killed, livion. Your cause is no longer our cause, she Administration ‘‘has realized the im- was one of the worst terrorist atroc- and others on the telephone conference call portance of Libya’’ and that Libya con- ities in American history. Other Amer- heard Sheehan not quite say. It is to move on. siders ‘‘that the negative chapter in ican citizens are waiting for justice in Sheehan does not recall the exchange that our relations is over.’’ other cases against Libya as well. way. He told me he never made the semantic Libya’s Secretary for African Unity Libya is also accused in the 1986 La distinction heard by Cummock, who lives in told reporters that the visit to Libya Belle discotheque bombing in Ger- Coral Gables, Fla. But he also declined to re- by U.S. officials was a welcome step many, which resulted in the deaths of spond directly when I asked if he thought and that ‘‘ . . . we welcome the nor- two United States servicemen. The Libya still practices or supports state-spon- malization between the two countries.’’ trial against five individuals impli- sored terrorism. ‘‘They are still on our ter- The good will gesture was certainly rorism list,’’ was as far as he would go. cated began in December of 1997 and is Mere she-said, he-said in an emotion- not lost on Colonel Qadhafi, who said ongoing. In March 1999, six Libyan in- charged conversation between still-grieving on April 4, when asked about a possible telligence agents, including Colonel families and a government official given the warming of relations with the United Qadhafi’s brother-in-law, were con- thankless task of briefing them? Not quite. States: ‘‘I think America has reviewed victed in absentia by a French court Whatever the exact words spoken, Cummock its policy toward Libya and discovered for the bombing of UTA Flight 772, did hear the background music being played that it is wrong . . . it is a good time which resulted in the deaths of 171 peo- in a skillful operation to move policy one for America to change its policy to- ple, including seven Americans. A civil small step at a time, almost imperceptibly ward Libya.’’ and always deniably. suit against Colonel Qadhafi based on The Clinton administration has for more I have been in contact with many of that bombing is pending in France. than a year been slowly shifting from a pol- the families of the victims of Pan Am The State Department should not icy of isolating and punishing Libya to a pol- Flight 103, and they are extremely have sent a delegation to Libya now icy of exploring whether the North African upset by the timing of this decision. and it should not lift the travel ban on state can be rehabilitated and its oil made They are united in their belief that the Libya at this time. The State Depart- available to U.S. markets once again. U.S. delegation should not have been ment’s long-standing case-by-case con- In the most transparent move yet, the sent to Libya and that it would be a se- sideration of passport requests for vis- State Department dispatched four officials rious mistake to lift the travel ban be- to Tripoli Wednesday to judge whether its to Libya by U.S. citizens has Americans can safely travel to a country fore justice is served. The families worked well. It can continue to do so that few realize has been off-limits to them want to know why the Secretary of for the foreseeable future. since 1981. The diplomats’ safe return this State made this friendly overture to The resolution we are submitting weekend will presumably be evidence in the Colonel Qadhafi now—just six weeks today states the sense of the Senate affirmative. Then a recommendation will go

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.067 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2639 to Secretary of State Madeleine Albright to Mr. Gadhafi consented to hand the two men Mr. REID) submitted the following reso- remove or keep the official ban on U.S. trav- over for a trial under Scottish law at a spe- lution; which was referred to the Com- el to that inhospitable, barren land. cial court in Holland. The Libyan dictator mittee on Foreign Relations: Sheehan insistently discounted the impor- did so only after being satisfied, via a U.S.- tance of this trip, and Albright may yet de- vetted letter from U.N. Secretary General S. RES. 289 cide to keep the ban on. But this maneu- Kofi Annan, that the trial, which opens May Whereas the annual meeting of the United vering must be viewed for what it is: a piece 3, would focus on the two suspects and not on Nations Commission on Human Rights in Ge- in a pattern of endgame diplomacy by the his regime. neva, Switzerland, provides a forum for dis- Clinton administration. Improving relations In striking this compromise, the Clinton cussing human rights and expressing inter- with states once known as rogues and lifting administration made clear that it would not national support for improved human rights or easing sanctions where possible (with the approve permanent lifting of the U.N. sanc- performance; exception of still politically useful Cuba) has tions or the lifting of unilateral U.S. sanc- Whereas the United States Department of become an undeclared but important objec- tions until Mr. Gadhafi meets other de- State 1999 Country Reports on Human Rights tive for the Clintonites. mands, such as paying compensation, accept- Practices, released on February 25, 2000, in- The push to close the books on the bomb- ing Libyan responsibility for the crime and cludes the following statements describing ing of Pan Am 103 over Scotland, on Dec. 21, revealing all that his regime knows about it. conditions in Cuba: 1988, and other Libyan misdeeds is in part a But the administration has not pressed those (1) ‘‘Cuba is a totalitarian state controlled response on the White House from Britain, issues at the U.N., and its diplomatic body by President Fidel Castro....President Cas- Egypt and U.S. oil companies, all of which language suggests it is trying to wrap up a tro exercises control over all aspects of argue the case for rewarding Moammar long battle that has often placed the United Cuban life....The Communist Party is the Gadhafi’s recent abstinence from terrorist States at odds with European allies who rely only legal political entity....There are no exploits. on Libyan oil. contested elections....The judiciary is com- But it also reflects President Clinton’s Perhaps the administration believes the pletely subordinate to the government and concern over the diplomatic and humani- economic and diplomatic costs of a hard line to the Communist Party....’’. tarian effects of open-ended sanctions. ‘‘The on Libya now outweigh the benefits. Perhaps (2) ‘‘The Ministry of Inte- lack of international consensus on sanctions Mr. Gadhafi’s recent expulsion from Libya of rior. . . investigates and actively suppresses and the costs that brings has bothered him the Abu Nidal organization deserves to be re- opposition and dissent. It maintains a perva- for some time,’’ says one well-placed official. warded. And perhaps it is futile to insist that sive system of vigilance through undercover There is a case to be made for reviewing Mr. Gadhafi tell everything he knows about agents, informers, the rapid response bri- and adjusting U.S. sanctions as conditions the case, however contradictory it may be to gades, and the Committees for the Defense of change: Clinton has in fact allowed Albright prosecute the two bombers while settling, at the Revolution (CDR’s)....’’. to make that case publicly and persuasively most, for compensation from Mr. Gadhafi, (3) ‘‘[The government] continued system- on Iran. She has skillfully mixed approval of who almost certainly would have ordered atically to violate fundamental civil and po- a trend to internal democracy with stric- such an attack. litical rights of its citizens. Citizens do not tures about Iran’s continuing depredations Whatever the rationale, the American pub- have the right to change their government abroad and let the public judge each step as lic is entitled to a full explanation. But, with peacefully....The authorities routinely con- it is taken. the exception of a speech by Assistant Sec- tinued to harass, threaten, arbitrarily ar- But there is no similar intellectual hon- retary of State Ronald Neumann last No- rest, detain, imprison, and defame human esty on Libya. There seems to be instead a vember, the Clinton administration has kept rights advocates and members of inde- stealth policy to bring change but not accept its Libya decision-making in the shadows. pendent professional associations, including political responsibility for giving up on con- Despite requests from the Pan Am 103 vic- journalists, economists, doctors, and law- fronting the dictator who would have had to tims’ families, it won’t release the Annan yers, often with the goal of coercing them authorize Libyan participation in the bomb- letter, citing diplomatic privacy. A legiti- into leaving the country....’’. ing. mate point—but it inevitably leaves many (4) ‘‘The government denied citizens the Last year the White House overrode skep- wondering whether the letter contains inap- freedoms of speech, press, assembly, and as- ticism from Justice Department officials and propriate promises to Mr. Gadhafi. If there’s sociation....It limited the distribution of other opposition within the administration nothing untoward about the Clinton admin- foreign publications and news to selected and agreed to Gadhafi’s terms for a trial of istration’s overall Libya policy, why doesn’t party faithful and maintained strict censor- two Libyan underling in The Hague, under Secretary Albright, or, better, the president, ship of news and information to the public. Scottish law. Their trial begins in May. do more to help the public understand it? The government kept tight restrictions on ‘‘There was an unvoiced sense in these f freedom of movement, including foreign meetings that the Pan Am 103 families had SENATE RESOLUTION 288—AU- travel....’’. to get over it and move on with their lives. (5) ‘‘The government continued to subject The trial would help with that as well as THORIZING THE TAKING OF A those who disagreed with it to ‘acts of repu- with our diplomatic objectives,’’ said one of- PHOTOGRAPH IN THE CHAMBER diation’. At government instigation, mem- ficial who participated in the contentious OF THE UNITED STATES SENATE bers of state-controlled mass organizations, high-level interagency sessions. ‘‘But if these Mr. LOTT (for himself and Mr. fellow workers, or neighbors of intended vic- two are acquitted, it is all over. There will tims are obliged to stage public protests DASCHLE) submitted the following reso- be no more investigations, and no more against those who dissent with the govern- international pressure on Gadhafi. It is a lution; which was considered and ment’s policies....Those who refuse to par- huge risk.’’ agreed to: ticipate in these actions face disciplinary ac- Worse: It is a huge risk that Bill Clinton is S. RES. 288 tion, including loss of employment. . . .’’. willing to take but not explain honestly to Resolved, That paragraph 1 of Rule IV of (6) ‘‘Detainees and prisoners often are sub- the American people. For shame, Mr. Presi- the Rules for the Regulation of the Senate jected to repeated, vigorous interrogations dent. Wing of the United States Capitol (prohib- designed to coerce them into signing in- iting the taking of pictures in the Senate criminating statements....The government [From the Washington Post, Apr. 3, 2000] Chamber) be temporarily suspended for the does not permit independent monitoring of THE LIBYA THAW sole and specific purpose of permitting the prison conditions....’’. Four American diplomats recently re- Senate Photographic Studio to photograph (7) ‘‘Arbitrary arrest and detention contin- turned from Libya, where they were sent by the United States Senate in actual session ued to be problems, and they remained the Secretary of State Madeleine Albright to de- on Tuesday, June 6, 2000, at the hour of 2:15 government’s most effective weapons to har- termine whether it is time for the United p.m. ass opponents....[T]he Constitution states States to lift the ban on using U.S. passports SEC. 2. The Sergeant at Arms of the Senate that all legally recognized civil liberties can to visit Moammar Gadhafi’s realm. The trip is authorized and directed to make the nec- be denied to anyone who actively opposes the follows other steps hinting at a Clinton ad- essary arrangements therefor, which ar- ‘decision of the Cuban people to build social- ministration intention to thaw relations rangements shall provide for a minimum of ism’. The authorities invoke this sweeping with a regime that remains on the U.S. list disruption to Senate proceedings. authority to deny due process to those de- of states that sponsor terrorism. f tained on purported state security The most notorious terrorist act linked to grounds....’’. Tripoli is the Dec. 21, 1988, bombing of Pan SENATE RESOLUTION 289—EX- (8) ‘‘The Penal Code includes the concept of Am Flight 103 over Lockerbie, Scotland. The PRESSING THE SENSE OF THE ‘dangerousness’, defined as the ‘special pro- attack killed 270 people, including 189 Ameri- SENATE REGARDING THE clivity of a person to commit crimes, dem- cans. After an investigation fingered two HUMAN RIGHTS SITUATION IN onstrated by his conduct in manifest con- Libyan agents, the United States won U.S. CUBA tradiction of socialist norms’. If the police Security Council approval for sanctions decide that a person exhibits signs of dan- against Libya. Last year the Clinton admin- Mr. TORRICELLI (for himself, Mr. gerousness, they may bring the offender be- istration agreed to ‘‘suspend’’ sanctions after HELMS, Mr. GRAHAM, Mr. MACK, and fore a court or subject him to ‘therapy’ or

VerDate 20-MAR-2000 04:52 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.062 pfrm12 PsN: S12PT1 S2640 CONGRESSIONAL RECORD — SENATE April 12, 2000 ‘political reeducation....’ Often the sole evi- democratic institutions and the independ- pany policies, procedures, training, and in- dence provided, particularly in political ence of the judicial system’’. ternal reporting structures to ensure com- cases, is the defendant’s confession, usually (b) SENSE OF THE SENATE.—It is the sense mitment to these principles throughout our obtained under duress....’’. of the Senate that the United States should organization. We believe the application of (9) ‘‘Human rights monitoring groups in- make every effort necessary, including the these principles will achieve greater toler- side the country estimate the number of po- engagement of high-level executive branch ance and better understanding among peo- litical prisoners at between 350 and 400 per- officials, to encourage cosponsorship of and ples, and advance the culture of peace. sons....According to human rights moni- support for this resolution on Cuba by other ‘‘Accordingly, we will; toring groups inside the country, the number governments. ‘‘Express our support for universal human of political prisoners increased slightly dur- (c) TRANSMITTAL OF RESOLUTION.—The Sec- rights and, particularly, those of our em- ing the year....’’. retary of the Senate shall transmit a copy of ployees, the communities within which we (10) ‘‘The government does not allow criti- this resolution to the Secretary of State operate, and parties with whom we do busi- cism of the revolution or its lead- with the request that a copy be further ness. ers....Charges of disseminating enemy prop- transmitted to the chief of diplomatic mis- ‘‘Promote equal opportunity for our em- aganda (which includes merely expressing sion in Washington, D.C., of each member ployees at all levels of the company with re- opinions at odds with those of the govern- state represented on the United Nations spect to issues such as color, race, gender, ment) can bring sentences of up to 14 Human Rights Commission. age, ethnicity or religious beliefs, and oper- years....Even the church-run publications f ate without unacceptable worker treatment are watched closely, denied access to mass such as the exploitation of children, physical printing equipment, and subject to govern- SENATE RESOLUTION 290—EX- punishment, female abuse, involuntary ser- mental pressure....All media must operate PRESSING THE SENSE OF THE vitude, or other forms of abuse. under party guidelines and reflect govern- SENATE THAT COMPANIES ‘‘Respect our employees’ voluntary free- ment views....’’. LARGE AND SMALL IN EVERY dom of association. (11) ‘‘The law punishes any unauthorized ‘‘Compensate our employees to enable PART OF THE WORLD SHOULD them to meet at least their basic needs and assembly of more than 3 persons, including SUPPORT AND ADHERE TO THE those for private religious services in a pri- provide the opportunity to improve their vate home....The authorities have never ap- GLOBAL SULLIVAN PRINCIPLES skill and capability in order to raise their so- proved a public meeting by a human rights OF CORPORATE SOCIAL RESPON- cial and economic opportunities. group’’. SIBILITY WHEREVER THEY HAVE ‘‘Provide a safe and healthy workplace; (12) ‘‘The government kept tight restric- OPERATIONS protect human health and the environment and promote sustainable development. tions on freedom of movement....[S]tate se- Mr. SPECTER (for himself and Mr. curity officials have forbidden human rights ‘‘Promote fair competition including re- advocates and independent journalists from FEINGOLD) submitted the following res- spect for intellectual and other property traveling outside their home provinces, and olution; which was referred to the rights, and not offer, pay or accept bribes. the government also has sentenced others to Committee on Foreign Relations: ‘‘Work with governments and communities in which we do business to improve the qual- internal exile’’. S. RES. 290 (13) ‘‘Citizens do not have the legal right to ity of life in those communities, their edu- Whereas Reverend Leon Sullivan, author of cational, cultural, economic and social well- change their government or to advocate the Global Sullivan Principles, is known change, and the government has retaliated being and seek to provide training and op- throughout the world for his bold and prin- portunities for workers from disadvantaged systematically against those who sought cipled efforts to dismantle the system of peaceful political change....An opposition backgrounds. apartheid in South Africa, for his work with ‘‘Promote the application of these prin- or independent candidate has never been al- Opportunities Industrialization Centers lowed to run for national office....’’. ciples by those with whom we do business. (OIC’s) to create jobs for over 1,000,000 youth ‘‘We will be transparent in our implemen- (14) ‘‘The government does not recognize in 130 United States cities and 18 countries, tation of these principles and provide infor- any domestic human rights groups, or per- and for his work in literacy training all over mation which demonstrates publicly our mit them to function legally. . . the govern- the world; commitment to them.’’. ment refuses to consider applications for Whereas Reverend Sullivan initiated the f legal recognition submitted by human rights original Sullivan Principles in 1977 as a code monitoring groups....The government stead- of conduct for companies operating in South AMENDMENTS SUBMITTED fastly has rejected international human Africa; rights monitoring’’. Whereas the Global Sullivan Principles (15) ‘‘Workers can and have lost their jobs promote equal opportunity for employees of MARRIAGE TAX PENALTY RELIEF for their political beliefs, including their re- all ages, races, ethnic backgrounds, and reli- ACT OF 2000 fusal to join the official union....[T]he gov- gions; ernment requires foreign investors to con- Whereas the Global Sullivan Principles tract workers through state employment stress the social responsibilities of corpora- DORGAN AMENDMENT NO. 3092 agencies. . . workers. . . must meet certain po- tions; litical qualifications. . . to ensure that the (Ordered to lie on the table.) Whereas on June 7, 1999, President Clinton Mr. DORGAN submitted an amend- workers chosen deserve to work in a joint gave approval to the Principles; and enterprise....[E]xploitative labor practices Whereas on November 2, 1999, Kofi Annan, ment intended to be proposed by him force foreign companies to pay the govern- Secretary General of the United Nations, to the bill (H.R. 6) to amend the Inter- ment as much as $500 to $600 per month for urged corporate leaders to put the Global nal Revenue Code of 1986 to eliminate workers, while the workers in turn receive Sullivan Principles into practice: Now, the marriage penalty by providing that only a small peso wage from the govern- therefore, be it the income tax rate bracket amounts, ment;’’; and Resolved, and the amount of the standard deduc- Whereas the Czech Republic and Poland SECTION 1. CALLING FOR SUPPORT AND COMPLI- will again introduce a resolution con- tion, for joint returns shall be twice ANCE WITH THE GLOBAL SULLIVAN the amounts applicable to unmarried demning human rights practices of the Gov- PRINCIPLES OF CORPORATE SOCIAL ernment of Cuba at the annual meeting of RESPONSIBILITY. individuals; as follows: the United Nations Commission on Human The Senate calls on companies large and At the appropriate place, insert the fol- Rights in Geneva, Switzerland: Now, there- small in every part of the world to support lowing: fore, be it and adhere to the Global Sullivan Principles SEC. . TREATMENT OF CONSERVATION RE- Resolved, of Corporate Social Responsibility wherever SERVE PROGRAM PAYMENTS AS RENTALS FROM REAL ESTATE. SECTION 1. SENSE OF THE SENATE REGARDING they have operations. (a) IN GENERAL.—Section 1402(a)(1) of the THE HUMAN RIGHTS SITUATION IN SEC. 2. STATEMENT OF GLOBAL SULLIVAN PRIN- Internal Revenue Code of 1986 (defining net CUBA. CIPLES OF CORPORATE SOCIAL RE- earnings from self-employment) is amended (a) SUPPORT FOR HUMAN RIGHTS RESOLU- SPONSIBILITY. by inserting ‘‘and including payments under TION.—The Senate hereby expresses its sup- In this resolution, the term ‘‘Global Sul- section 1233(2) of the Food Security Act of port for the decision of member states meet- livan Principles of Corporate Social Respon- 1985 (16 U.S.C. 3833(2))’’ after ‘‘crop shares’’. ing at the 56th Session of the United Nations sibility’’ means the principles stated as fol- (b) EFFECTIVE DATE.—The amendment Human Rights Commission in Geneva, Swit- lows: made by this section shall apply to payments zerland, to consider a resolution introduced ‘‘As a company which endorses the Global made before, on, or after the date of the en- by the Czech Republic and Poland that, Sullivan Principles we will respect the law, actment of this Act. among other things, calls upon Cuba to re- and as a responsible member of society we spect ‘‘human rights and fundamental free- will apply these Principles with integrity doms and to provide the appropriate frame- consistent with the legitimate role of busi- SMITH AMENDMENT NO. 3093 work to guarantee the rule of law through ness. We will develop and implement com- (Ordered to lie on the table.)

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.065 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2641 Mr. SMITH of New Hampshire sub- ‘‘(b) LIMITATION BASED ON MODIFIED AD- ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— mitted an amendment intended to be JUSTED GROSS INCOME.— The term ‘institution of higher education’ proposed by him to the bill, H.R. 6, ‘‘(1) IN GENERAL.—The amount which would means an institution which— supra; as follows: (but for this subsection) be taken into ac- ‘‘(A) is described in section 481 of the High- count under subsection (a) shall be reduced er Education Act of 1965 (20 U.S.C. 1088), as in Strike section 3 and insert: (but not below zero) by the amount deter- effect on the date of the enactment of this SEC. 3. ELIMINATION OF MARRIAGE PENALTY IN mined under paragraph (2). section, and 15-PERCENT AND 28-PERCENT RATE ‘‘(2) AMOUNT OF REDUCTION.—The amount ‘‘(B) is eligible to participate in programs BRACKETS. under title IV of such Act. (a) IN GENERAL.—Subsection (f ) of section determined under this paragraph equals the ‘‘(d) SPECIAL RULES.— 1 of the Internal Revenue Code of 1986 (relat- amount which bears the same ratio to the amount which would be so taken into ac- ‘‘(1) NO DOUBLE BENEFIT.— ing to adjustments in tax tables so that in- ‘‘(A) IN GENERAL.—No deduction shall be count as— flation will not result in tax increases) is allowed under subsection (a) for any expense ‘‘(A) the excess of— amended by adding at the end the following for which a deduction is allowable to the tax- ‘‘(i) the taxpayer’s modified adjusted gross new paragraph: payer under any other provision of this chap- income for such taxable year, over ‘‘(8) ELIMINATION OF MARRIAGE PENALTY IN ter unless the taxpayer irrevocably waives ‘‘(ii) $62,450 ($104,050 in the case of a joint 15-PERCENT AND 28-PERCENT RATE BRACKETS.— his right to the deduction of such expense ‘‘(A) IN GENERAL.—With respect to taxable return, $89,150 in the case of a return filed by under such other provision. a head of household, and $52,025 in the case of years beginning after December 31, 2001, in ‘‘(B) DENIAL OF DEDUCTION IF CREDIT ELECT- prescribing the tables under paragraph (1)— a return by a married individual filing sepa- ED.—No deduction shall be allowed under ‘‘(i) the maximum taxable income amount rately), bears to subsection (a) for a taxable year with respect in the 15-percent rate bracket, the minimum ‘‘(B) $15,000. to the qualified higher education expenses of and maximum taxable income amounts in ‘‘(3) MODIFIED ADJUSTED GROSS INCOME.— an individual if the taxpayer elects to have the 28-percent rate bracket, and the min- For purposes of this subsection, the term section 25A apply with respect to such indi- imum taxable income amount in the 31-per- ‘modified adjusted gross income’ means the vidual for such year. cent rate bracket in the table contained in adjusted gross income of the taxpayer for the ‘‘(C) DEPENDENTS.—No deduction shall be subsection (a) shall be 200 percent of the taxable year determined— allowed under subsection (a) to any indi- comparable taxable income amounts in the ‘‘(A) without regard to this section and vidual with respect to whom a deduction table contained in subsection (c) (after any sections 911, 931, and 933, and under section 151 is allowable to another tax- other adjustment under this subsection), and ‘‘(B) after the application of sections 86, payer for a taxable year beginning in the cal- ‘‘(ii) the comparable taxable income 135, 219, 220, and 469. endar year in which such individual’s taxable amounts in the table contained in subsection For purposes of the sections referred to in year begins. (d) shall be 1⁄2 of the amounts determined subparagraph (B), adjusted gross income ‘‘(D) COORDINATION WITH EXCLUSIONS.—A under clause (i). shall be determined without regard to the deduction shall be allowed under subsection ‘‘(B) ROUNDING.—If any amount determined deduction allowed under this section. (a) for qualified higher education expenses under subparagraph (A)(i) is not a multiple only to the extent the amount of such ex- ‘‘(c) QUALIFIED HIGHER EDUCATION EX- of $50, such amount shall be rounded to the penses exceeds the amount excludable under PENSES.—For purposes of this section— next lowest multiple of $50.’’. section 135 or 530(d)(2) for the taxable year. ‘‘(1) QUALIFIED HIGHER EDUCATION EX- (b) TECHNICAL AMENDMENTS.— ‘‘(2) LIMITATION ON TAXABLE YEAR OF DE- PENSES.— (1) Subparagraph (A) of section 1(f )(2) of DUCTION.— ‘‘(A) IN GENERAL.—The term ‘qualified such Code is amended by inserting ‘‘except ‘‘(A) IN GENERAL.—A deduction shall be al- as provided in paragraph (8),’’ before ‘‘by in- higher education expenses’ means tuition lowed under subsection (a) for qualified high- creasing’’. and fees charged by an educational institu- er education expenses for any taxable year (2) The heading for subsection (f ) of section tion and required for the enrollment or at- only to the extent such expenses are in con- 1 of such Code is amended by inserting tendance of— nection with enrollment at an institution of ‘‘ELIMINATION OF MARRIAGE PENALTY IN 15- ‘‘(i) the taxpayer, higher education during the taxable year. PERCENT AND 28-PERCENT RATE BRACKETS;’’ ‘‘(ii) the taxpayer’s spouse, ‘‘(B) CERTAIN PREPAYMENTS ALLOWED.— before ‘‘ADJUSTMENTS’’. ‘‘(iii) any dependent of the taxpayer with Subparagraph (A) shall not apply to qualified (c) EFFECTIVE DATE.—The amendments respect to whom the taxpayer is allowed a higher education expenses paid during a tax- made by this section shall apply to taxable deduction under section 151, or able year if such expenses are in connection years beginning after December 31, 2001. ‘‘(iv) any grandchild of the taxpayer, with an academic term beginning during as an eligible student at an institution of such taxable year or during the first 3 SCHUMER (AND BAYH) higher education. months of the next taxable year. AMENDMENT NO. 3094 ‘‘(B) ELIGIBLE COURSES.—Amounts paid for ‘‘(3) ADJUSTMENT FOR CERTAIN SCHOLAR- qualified higher education expenses of any SHIPS AND VETERANS BENEFITS.—The amount (Ordered to lie on the table.) individual shall be taken into account under of qualified higher education expenses other- Mr. SCHUMER (for himself and Mr. subsection (a) only to the extent such wise taken into account under subsection (a) BAYH) submitted an amendment in- expenses— with respect to the education of an indi- tended to be proposed by them to the ‘‘(i) are attributable to courses of instruc- vidual shall be reduced (before the applica- bill, H.R. 6, supra; as follows: tion for which credit is allowed toward a bac- tion of subsection (b)) by the sum of the At the appropriate place, insert the fol- calaureate degree by an institution of higher amounts received with respect to such indi- lowing: education or toward a certificate of required vidual for the taxable year as— SEC. ll. DEDUCTION FOR HIGHER EDUCATION course work at a vocational school, and ‘‘(A) a qualified scholarship which under EXPENSES AND CREDIT FOR INTER- ‘‘(ii) are not attributable to any graduate section 117 is not includable in gross income, EST ON HIGHER EDUCATION LOANS. program of such individual. ‘‘(B) an educational assistance allowance (a) DEDUCTION ALLOWED.— ‘‘(C) EXCEPTION FOR NONACADEMIC FEES.— under chapter 30, 31, 32, 34, or 35 of title 38, (1) IN GENERAL.—Part VII of subchapter B Such term does not include any student ac- United States Code, or of chapter 1 of the Internal Revenue Code of tivity fees, athletic fees, insurance expenses, ‘‘(C) a payment (other than a gift, bequest, 1986 (relating to additional itemized deduc- or other expenses unrelated to a student’s devise, or inheritance within the meaning of tions for individuals) is amended by redesig- academic course of instruction. section 102(a)) for educational expenses, or nating section 222 as section 223 and by in- ‘‘(D) ELIGIBLE STUDENT.—For purposes of attributable to enrollment at an eligible serting after section 221 the following: subparagraph (A), the term ‘eligible student’ educational institution, which is exempt ‘‘SEC. 222. HIGHER EDUCATION EXPENSES. means a student who— from income taxation by any law of the ‘‘(a) ALLOWANCE OF DEDUCTION.— ‘‘(i) meets the requirements of section United States. ‘‘(1) IN GENERAL.—In the case of an indi- 484(a)(1) of the Higher Education Act of 1965 ‘‘(4) NO DEDUCTION FOR MARRIED INDIVID- vidual, there shall be allowed as a deduction (20 U.S.C. 1091(a)(1)), as in effect on the date UALS FILING SEPARATE RETURNS.—If the tax- an amount equal to the applicable dollar of the enactment of this section, and payer is a married individual (within the amount of the qualified higher education ex- ‘‘(ii) is carrying at least one-half the nor- meaning of section 7703), this section shall penses paid by the taxpayer during the tax- mal full-time work load for the course of apply only if the taxpayer and the taxpayer’s able year. study the student is pursuing, as determined spouse file a joint return for the taxable ‘‘(2) APPLICABLE DOLLAR AMOUNT.—The ap- by the institution of higher education. year. plicable dollar amount for any taxable year ‘‘(E) IDENTIFICATION REQUIREMENT.—No de- ‘‘(5) NONRESIDENT ALIENS.—If the taxpayer shall be determined as follows: duction shall be allowed under subsection (a) is a nonresident alien individual for any por- ‘‘Taxable year: Applicable dollar to a taxpayer with respect to an eligible stu- tion of the taxable year, this section shall amount: dent unless the taxpayer includes the name, apply only if such individual is treated as a 2002 ...... $4,000 age, and taxpayer identification number of resident alien of the United States for pur- 2003 ...... $8,000 such eligible student on the return of tax for poses of this chapter by reason of an election 2004 and thereafter ...... $12,000. the taxable year. under subsection (g) or (h) of section 6013.

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.066 pfrm12 PsN: S12PT1 S2642 CONGRESSIONAL RECORD — SENATE April 12, 2000

‘‘(6) REGULATIONS.—The Secretary may purposes of this paragraph, any loan and all spect to a taxpayer is determined in accord- prescribe such regulations as may be nec- refinancings of such loan shall be treated as ance with the following table: essary or appropriate to carry out this sec- 1 loan. ‘‘Taxable year: Amount: tion, including regulations requiring record- ‘‘(e) DEFINITIONS.—For purposes of this 2001 ...... $500 keeping and information reporting.’’ section— 2002 ...... $900 (2) DEDUCTION ALLOWED IN COMPUTING AD- ‘‘(1) QUALIFIED EDUCATION LOAN.—The term 2003 ...... $1,300 JUSTED GROSS INCOME.—Section 62(a) of such ‘qualified education loan’ has the meaning 2004 and thereafter ...... $1,700. Code is amended by inserting after para- given such term by section 221(e)(1). ‘‘(c) DETERMINATION OF AMOUNT.— graph (17) the following: ‘‘(2) DEPENDENT.—The term ‘dependent’ has ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(18) HIGHER EDUCATION EXPENSES.—The de- the meaning given such term by section 152. section (a), the amount determined under duction allowed by section 222.’’ ‘‘(f) SPECIAL RULES.— this subsection for any taxable year with re- (3) CONFORMING AMENDMENT.—The table of ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No credit spect to a taxpayer is equal to the excess (if sections for part VII of subchapter B of chap- shall be allowed under this section for any any) of— ter 1 of such Code is amended by striking the amount taken into account for any deduc- ‘‘(A) the joint tentative tax of such tax- item relating to section 222 and inserting the tion under any other provision of this chap- payer for such year, over following: ter. ‘‘(B) the combined tentative tax of such ‘‘(2) MARRIED COUPLES MUST FILE JOINT RE- ‘‘Sec. 222. Higher education expenses. taxpayer for such year. TURN.—If the taxpayer is married at the ‘‘(2) JOINT TENTATIVE TAX.—For purposes of ‘‘Sec. 223. Cross reference.’’ close of the taxable year, the credit shall be paragraph (1)(A)— (4) EFFECTIVE DATE.—The amendments allowed under subsection (a) only if the tax- ‘‘(A) IN GENERAL.—The joint tentative tax made by this subsection shall apply to pay- payer and the taxpayer’s spouse file a joint of a taxpayer for any taxable year is equal to ments made in taxable years beginning after return for the taxable year. the tax determined in accordance with the December 31, 2001. ‘‘(3) MARITAL STATUS.—Marital status shall table contained in section 1(a) on the joint (b) CREDIT FOR INTEREST ON HIGHER EDU- be determined in accordance with section tentative taxable income of the taxpayer for CATION LOANS.— 7703.’’ such year. (1) IN GENERAL.—Subpart A of part IV of (2) CONFORMING AMENDMENT.—The table of ‘‘(B) JOINT TENTATIVE TAXABLE INCOME.— subchapter A of chapter 1 of the Internal sections for subpart A of part IV of sub- For purposes of subparagraph (A), the joint Revenue Code of 1986 (relating to nonrefund- chapter A of chapter 1 is amended by insert- tentative taxable income of a taxpayer for able personal credits) is amended by insert- ing after the item relating to section 25A the any taxable year is equal to the excess of— ing after section 25A the following new sec- following new item: ‘‘(i) the earned income (as defined in sec- tion: ‘‘Sec. 25B. Interest on higher education tion 32(c)(2)), and any income received as a ‘‘SEC. 25B. INTEREST ON HIGHER EDUCATION loans.’’ pension or annuity which arises from an em- LOANS. ployer-employee relationship (including any (3) EFFECTIVE DATE.—The amendments ‘‘(a) ALLOWANCE OF CREDIT.—In the case of social security benefit (as defined in section an individual, there shall be allowed as a made by this subsection shall apply to any 86(d)(1)), of such taxpayer for such year, over credit against the tax imposed by this chap- qualified education loan (as defined in sec- ‘‘(ii) the sum of— ter for the taxable year an amount equal to tion 25B(e)(1) of the Internal Revenue Code of ‘‘(I) either— the interest paid by the taxpayer during the 1986, as added by this subsection) incurred ‘‘(aa) the standard deduction determined taxable year on any qualified education loan. on, before, or after the date of the enactment under section 63(c)(2)(A)(i) for such taxpayer of this Act, but only with respect to any loan ‘‘(b) MAXIMUM CREDIT.— for such year, or interest payment due after December 31, ‘‘(1) IN GENERAL.—Except as provided in ‘‘(bb) in the case of an election under sec- paragraph (2), the credit allowed by sub- 2002. tion 63(e), the total itemized deductions de- section (a) for the taxable year shall not ex- termined under section 63(d) for such tax- ceed $1,200. BAYH AMENDMENTS NOS. 3095–3096 payer for such year, and ‘‘(2) LIMITATION BASED ON MODIFIED AD- (Ordered to lie on the table.) ‘‘(II) the total exemption amount for such JUSTED GROSS INCOME.— taxpayer for such year determined under sec- ‘‘(A) IN GENERAL.—If the modified adjusted Mr. BAYH submitted two amend- tion 151. gross income of the taxpayer for the taxable ments intended to be proposed by him ‘‘(3) COMBINED TENTATIVE TAX.—For pur- year exceeds $50,000 ($80,000 in the case of a to the bill, H.R. 6, supra; as follows: poses of paragraph (1)(A)— joint return), the amount which would (but AMENDMENT NO. 3095 ‘‘(A) IN GENERAL.—The combined tentative for this paragraph) be allowable as a credit Strike all after the enacting clause and in- tax of a taxpayer for any taxable year is under this section shall be reduced (but not sert the following: equal to the sum of the taxes determined in below zero) by the amount which bears the accordance with the table contained in sec- same ratio to the amount which would be so SECTION 1. SHORT TITLE; AMENDMENT OF 1986 tion 1(c) on the individual tentative taxable CODE. allowable as such excess bears to $20,000. income of each spouse for such year. (a) SHORT TITLE.—This Act may be cited as ‘‘(B) MODIFIED ADJUSTED GROSS INCOME.— ‘‘(B) INDIVIDUAL TENTATIVE TAXABLE IN- the ‘‘Targeted Marriage Tax Penalty Relief The term ‘modified adjusted gross income’ COME.—For purposes of subparagraph (A), the Act of 2000’’. means adjusted gross income determined individual tentative taxable income of a (b) AMENDMENT OF 1986 CODE.—Except as without regard to sections 911, 931, and 933. spouse for any taxable year is equal to the otherwise expressly provided, whenever in ‘‘(C) INFLATION ADJUSTMENT.—In the case excess of— this Act an amendment or repeal is ex- of any taxable year beginning after 2003, the ‘‘(i) the earned income (as defined in sec- pressed in terms of an amendment to, or re- $50,000 and $80,000 amounts referred to in sub- tion 32(c)(2)), and any income received as a peal of, a section or other provision, the ref- paragraph (A) shall be increased by an pension or annuity which arises from an em- erence shall be considered to be made to a amount equal to— ployer-employee relationship (including any section or other provision of the Internal ‘‘(i) such dollar amount, multiplied by social security benefit (as defined in section Revenue Code of 1986. ‘‘(ii) the cost-of-living adjustment deter- 86(d)(1)), of such spouse for such year, over (c) SECTION 15 NOT TO APPLY.—No amend- mined under section (1)(f)(3) for the calendar ‘‘(ii) the sum of— ment made by section 2 shall be treated as a year in which the taxable year begins, by ‘‘(I) either— change in a rate of tax for purposes of sec- substituting ‘2002’ for ‘1992’. ‘‘(aa) the standard deduction determined tion 15 of the Internal Revenue Code of 1986. ‘‘(D) ROUNDING.—If any amount as adjusted under section 63(c)(2)(C) for such spouse for under subparagraph (C) is not a multiple of SEC. 2. MARRIAGE CREDIT. such year, or $50, such amount shall be rounded to the (a) IN GENERAL.—Subpart A of part IV of ‘‘(bb) in the case of an election under sec- nearest multiple of $50. subchapter A of chapter 1 (relating to non- tion 63(e), one-half of the total itemized de- ‘‘(c) DEPENDENTS NOT ELIGIBLE FOR CRED- refundable personal credits) is amended by ductions determined under paragraph IT.—No credit shall be allowed by this sec- inserting after section 25A the following new (2)(B)(ii)(I)(bb) for such spouse for such year, tion to an individual for the taxable year if section: and a deduction under section 151 with respect to ‘‘SEC. 25B. MARRIAGE CREDIT. ‘‘(II) one-half of the total exemption such individual is allowed to another tax- ‘‘(a) ALLOWANCE OF CREDIT.—In the case of amount determined under paragraph payer for the taxable year beginning in the a joint return under section 6013, there shall (2)(B)(ii)(II) for such year. calendar year in which such individual’s tax- be allowed as a credit against the tax im- ‘‘(d) PHASEOUT OF CREDIT.— able year begins. posed by this chapter for the taxable year an ‘‘(1) IN GENERAL.—The amount which would ‘‘(d) LIMIT ON PERIOD CREDIT ALLOWED.—A amount equal to the lesser of the amount de- (but for this subsection) be taken into ac- credit shall be allowed under this section termined under subsection (b) or (c) for the count under subsection (a) shall be reduced only with respect to interest paid on any taxable year. (but not below zero) by the amount deter- qualified education loan during the first 60 ‘‘(b) AMOUNT UNDER SUBSECTION (b).—For mined under paragraph (2). months (whether or not consecutive) in purposes of subsection (a), the amount under ‘‘(2) AMOUNT OF REDUCTION.—The amount which interest payments are required. For this subsection for any taxable year with re- determined under this paragraph is the

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.067 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2643

determined under this paragraph is the AMENDMENT NO. 3096 accordance with the table contained in sec- amount which bears the same ratio to the In lieu of the matter proposed to be in- tion 1(c) on the individual tentative taxable amount which would be so taken into ac- serted, insert the following: income of each spouse for such year. count as— SECTION 1. SHORT TITLE; AMENDMENT OF 1986 ‘‘(B) INDIVIDUAL TENTATIVE TAXABLE IN- ‘‘(A) the excess of— CODE. COME.—For purposes of subparagraph (A), the ‘‘(i) the taxpayer’s adjusted gross income (a) SHORT TITLE.—This Act may be cited as individual tentative taxable income of a for such taxable year, over the ‘‘Targeted Marriage Tax Penalty Relief spouse for any taxable year is equal to the ‘‘(ii) $120,000, bears to Act of 2000’’. excess of— ‘‘(B) $20,000. (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(i) the earned income (as defined in sec- ‘‘(e) INFLATION ADJUSTMENT.— otherwise expressly provided, whenever in tion 32(c)(2)), and any income received as a ‘‘(1) IN GENERAL.—In the case of any tax- this Act an amendment or repeal is ex- pension or annuity which arises from an em- able year beginning after 2004, the $1,700 pressed in terms of an amendment to, or re- ployer-employee relationship (including any amount referred to in subsection (b) and the peal of, a section or other provision, the ref- social security benefit (as defined in section $120,000 amount referred to in subsection erence shall be considered to be made to a 86(d)(1)), of such spouse for such year, over (d)((2)(A)(ii) shall be increased by an amount section or other provision of the Internal ‘‘(ii) the sum of— equal to— Revenue Code of 1986. ‘‘(I) either— ‘‘(A) such dollar amount, multiplied by (c) SECTION 15 NOT TO APPLY.—No amend- ‘‘(aa) the standard deduction determined ment made by section 2 shall be treated as a ‘‘(B) the cost-of-living adjustment deter- under section 63(c)(2)(C) for such spouse for change in a rate of tax for purposes of sec- mined under section (1)(f)(3) for the calendar such year, or tion 15 of the Internal Revenue Code of 1986. year in which the taxable year begins, by ‘‘(bb) in the case of an election under sec- substituting ‘2003’ for ‘1992’. SEC. 2. MARRIAGE CREDIT. tion 63(e), one-half of the total itemized de- (a) IN GENERAL.—Subpart A of part IV of ‘‘(2) ROUNDING.—If the $1,700 amount (as so ductions determined under paragraph subchapter A of chapter 1 (relating to non- referred) and the $120,000 amount (as so re- (2)(B)(ii)(I)(bb) for such spouse for such year, refundable personal credits) is amended by ferred) as adjusted under paragraph (1) is not and inserting after section 25A the following new a multiple of $25 and $50, respectively, such ‘‘(II) one-half of the total exemption section: amount shall be rounded to the nearest mul- amount determined under paragraph ‘‘SEC. 25B. MARRIAGE CREDIT. tiple of $25 and $50, respectively.’’. (2)(B)(ii)(II) for such year. (b) CONFORMING AMENDMENT.—The table of ‘‘(a) ALLOWANCE OF CREDIT.—In the case of sections for subpart A of part IV of sub- a joint return under section 6013, there shall ‘‘(d) PHASEOUT OF CREDIT.— chapter A of chapter 1 is amended by insert- be allowed as a credit against the tax im- ‘‘(1) IN GENERAL.—The amount which would ing after the item relating to section 25A the posed by this chapter for the taxable year an (but for this subsection) be taken into ac- following new item: amount equal to the lesser of the amount de- count under subsection (a) shall be reduced ‘‘Sec. 25B. Marriage credit.’’ termined under subsection (b) or (c) for the (but not below zero) by the amount deter- (c) EFFECTIVE DATE.—The amendments taxable year. mined under paragraph (2). made by this section shall apply to taxable ‘‘(b) AMOUNT UNDER SUBSECTION (b).—For ‘‘(2) AMOUNT OF REDUCTION.—The amount years beginning after December 31, 2000. purposes of subsection (a), the amount under determined under this paragraph is the this subsection for any taxable year with re- SEC. 3. MARRIAGE PENALTY RELIEF FOR amount which bears the same ratio to the EARNED INCOME CREDIT. spect to a taxpayer is determined in accord- amount which would be so taken into ac- (a) IN GENERAL.—Section 32(b) (relating to ance with the following table: count as— percentages and amounts) is amended— ‘‘Taxable year: Amount: ‘‘(A) the excess of— (1) by striking ‘‘PERCENTAGES.—The cred- 2001 ...... $500 ‘‘(i) the taxpayer’s adjusted gross income it’’ in paragraph (1) and inserting ‘‘PERCENT- 2002 ...... $900 for such taxable year, over AGES.— 2003 ...... $1,300 ‘‘(ii) $120,000, bears to 2004 and thereafter ...... $1,700. ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(B) $20,000. ‘‘(c) DETERMINATION OF AMOUNT.— (B), the credit’’, ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(e) INFLATION ADJUSTMENT.— (2) by adding at the end of paragraph (1) section (a), the amount determined under ‘‘(1) IN GENERAL.—In the case of any tax- the following new subparagraph: this subsection for any taxable year with re- able year beginning after 2004, the $1,700 ‘‘(B) JOINT RETURNS.—In the case of a joint spect to a taxpayer is equal to the excess (if amount referred to in subsection (b) and the return, the phaseout percentage determined any) of— $120,000 amount referred to in subsection under subparagraph (A)— ‘‘(A) the joint tentative tax of such tax- (d)((2)(A)(ii) shall be increased by an amount ‘‘(i) in the case of an eligible individual payer for such year, over equal to— with 1 qualifying child shall be decreased by ‘‘(B) the combined tentative tax of such ‘‘(A) such dollar amount, multiplied by 1.87 percentage points, and taxpayer for such year. ‘‘(B) the cost-of-living adjustment deter- ‘‘(ii) in the case of an eligible individual ‘‘(2) JOINT TENTATIVE TAX.—For purposes of mined under section (1)(f)(3) for the calendar with 2 or more qualifying child shall be de- paragraph (1)(A)— year in which the taxable year begins, by creased by 2.01 percentage points.’’, ‘‘(A) IN GENERAL.—The joint tentative tax substituting ‘2003’ for ‘1992’. (3) by striking ‘‘AMOUNTS.—The earned’’ in of a taxpayer for any taxable year is equal to ‘‘(2) ROUNDING.—If the $1,700 amount (as so paragraph (2) and inserting ‘‘AMOUNTS.— the tax determined in accordance with the referred) and the $120,000 amount (as so re- ‘‘(A) IN GENERAL.—Subject to subparagraph table contained in section 1(a) on the joint ferred) as adjusted under paragraph (1) is not (B), the earned’’, and tentative taxable income of the taxpayer for a multiple of $25 and $50, respectively, such (4) by adding at the end the following new such year. amount shall be rounded to the nearest mul- subparagraph: ‘‘(B) JOINT TENTATIVE TAXABLE INCOME.— tiple of $25 and $50, respectively.’’. ‘‘(B) JOINT RETURNS.—In the case of a joint For purposes of subparagraph (A), the joint return, the phaseout amount determined (b) CONFORMING AMENDMENT.—The table of tentative taxable income of a taxpayer for under subparagraph (A) shall be increased by sections for subpart A of part IV of sub- any taxable year is equal to the excess of— $2,000.’’. chapter A of chapter 1 is amended by insert- ‘‘(i) the earned income (as defined in sec- (b) INFLATION ADJUSTMENT.—Paragraph tion 32(c)(2)), and any income received as a ing after the item relating to section 25A the (1)(B) of section 32(j) (relating to inflation following new item: adjustments) is amended to read as follows: pension or annuity which arises from an em- ployer-employee relationship (including any ‘‘(B) the cost-of-living adjustment deter- ‘‘Sec. 25B. Marriage credit.’’ mined under section 1(f)(3) for the calendar social security benefit (as defined in section year in which the taxable year begins, 86(d)(1)), of such taxpayer for such year, over (c) EFFECTIVE DATE.—The amendments determined— ‘‘(ii) the sum of— made by this section shall apply to taxable ‘‘(i) in the case of amounts in subsections ‘‘(I) either— years beginning after December 31, 2000. (b)(2)(A) and (i)(1), by substituting ‘calendar ‘‘(aa) the standard deduction determined under section 63(c)(2)(A)(i) for such taxpayer SEC. 3. MARRIAGE PENALTY RELIEF FOR year 1995’ for ‘calendar year 1992’ in subpara- EARNED INCOME CREDIT. graph (B) thereof, and for such year, or (a) IN GENERAL.—Section 32(b) (relating to ‘‘(ii) in the case of the $2,000 amount in ‘‘(bb) in the case of an election under sec- subsection (b)(2)(B), by substituting ‘cal- tion 63(e), the total itemized deductions de- percentages and amounts) is amended— endar year 2000’ for ‘calendar year 1992’ in termined under section 63(d) for such tax- (1) by striking ‘‘PERCENTAGES.—The cred- subparagraph (B) of such section 1.’’. payer for such year, and it’’ in paragraph (1) and inserting ‘‘PERCENT- (c) ROUNDING.—Section 32(j)(2)(A) (relating ‘‘(II) the total exemption amount for such AGES.— to rounding) is amended by striking ‘‘sub- taxpayer for such year determined under sec- ‘‘(A) IN GENERAL.—Subject to subparagraph section (b)(2)’’ and inserting ‘‘subsection tion 151. (B), the credit’’, (b)(2)(A) (after being increased under sub- ‘‘(3) COMBINED TENTATIVE TAX.—For pur- (2) by adding at the end of paragraph (1) paragraph (B) thereof)’’. poses of paragraph (1)(A)— the following new subparagraph: (d) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—The combined tentative ‘‘(B) JOINT RETURNS.—In the case of a joint made by this section shall apply to taxable tax of a taxpayer for any taxable year is return, the phaseout percentage determined years beginning after December 31, 2000. equal to the sum of the taxes determined in under subparagraph (A)—

VerDate 20-MAR-2000 04:47 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.070 pfrm12 PsN: S12PT1 S2644 CONGRESSIONAL RECORD — SENATE April 12, 2000 ‘‘(i) in the case of an eligible individual a.m. on S. 2255—Internet Tax Freedom SUBCOMMITTEE ON SECURITIES with 1 qualifying child shall be decreased by Act. Mr. ROBERTS. Mr. President, I ask 1.87 percentage points, and The Presiding Officer. Without objec- unanimous consent that the Sub- ‘‘(ii) in the case of an eligible individual tion, it is so ordered. committee on Securities of the Com- with 2 or more qualifying child shall be de- creased by 2.01 percentage points.’’, COMMITTEE ON GOVERNMENTAL AFFAIRS mittee on Banking, Housing, and (3) by striking ‘‘AMOUNTS.—The earned’’ in Mr. ROBERTS. Mr. President, I ask Urban Affairs be authorized to meet paragraph (2) and inserting ‘‘AMOUNTS.— unanimous consent that the Com- during the session of the Senate on ‘‘(A) IN GENERAL.—Subject to subparagraph mittee on governmental Affairs be au- Wednesday, April 12, 2000, to conduct a (B), the earned’’, and thorized to meet during the session of hearing on ‘‘Multi-State Insurance (4) by adding at the end the following new the Senate on Wednesday, April 12, 2000 Agent Licensing Reforms and the Cre- subparagraph: at 10:00 a.m. for a hearing regarding ation of the National Association of ‘‘(B) JOINT RETURNS.—In the case of a joint Wassenaar Arrangement and the Fu- Registered Agents and Brokers.’’ return, the phaseout amount determined under subparagraph (A) shall be increased by ture of Multilateral Export Controls. The PRESIDING OFFICER. Without $2,000.’’. The Presiding Officer. Without objec- objection, it is so ordered. (b) INFLATION ADJUSTMENT.—Paragraph tion, it is so ordered. SUBCOMMITTEE ON WATER AND POWER (1)(B) of section 32(j) (relating to inflation COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. ROBERTS. Mr. President, I ask adjustments) is amended to read as follows: AND PENSIONS unanimous consent that the Sub- ‘‘(B) the cost-of-living adjustment deter- Mr. ROBERTS. Mr. President, I ask committee on Water and Power of the mined under section 1(f)(3) for the calendar unanimous consent that the Com- year in which the taxable year begins, Committee on Energy and Natural Re- mittee on Health, Education, Labor, sources be authorized to meet during determined— and Pensions be authorized to meet in ‘‘(i) in the case of amounts in subsections the session of the Senate on Wednes- (b)(2)(A) and (i)(1), by substituting ‘calendar executive session during the session of day, April 12 at 2:30 p.m. to conduct an year 1995’ for ‘calendar year 1992’ in subpara- the Senate on Wednesday, April 12, oversight hearing. The subcommittee graph (B) thereof, and 2000, at 11:00 a.m. will receive testimony on federal ac- ‘‘(ii) in the case of the $2,000 amount in The Presiding Officer. Without objec- tions affecting hydropower operations subsection (b)(2)(B), by substituting ‘cal- tion, it is so ordered. on the Columbia River system. endar year 2000’ for ‘calendar year 1992’ in Mr. ROBERTS. Mr. President, I ask The PRESIDING OFFICER. Without subparagraph (B) of such section 1.’’. unanimous consent that the Com- objection, it is so ordered. (c) ROUNDING.—Section 32(j)(2)(A) (relating mittee on the Judiciary be authorized to rounding) is amended by striking ‘‘sub- to meet to conduct a markup on f section (b)(2)’’ and inserting ‘‘subsection (b)(2)(A) (after being increased under sub- Wednesday, April 12, 2000, at 3:30 p.m. PRIVILEGES OF THE FLOOR paragraph (B) thereof)’’. The markup will take place off the floor in The President’s Room. Mr. ROBERTS. Mr. President, I ask (d) EFFECTIVE DATE.—The amendments unanimous consent that a congres- made by this section shall apply to taxable The Presiding Officer. Without objec- years beginning after December 31, 2000. tion, it is so ordered. sional fellow, an outstanding pilot in the U.S. Air Force, Maj. Scott f SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT AND THE COURTS Kindsvater, be allowed privileges of the NOTICE OF HEARING Mr. ROBERTS. Mr. President, I ask floor. COMMITTEE ON ENERGY AND NATURAL unanimous consent that the Sub- The PRESIDING OFFICER. Without RESOURCES committee on Administrative Over- objection, it is so ordered. Mr. MURKOWSKI. Mr. President, I sight and the Courts be authorized to Mr. ENZI. Mr. President, I ask unani- would like to announce for the infor- meet to conduct a hearing on Wednes- mous consent Elizabeth Smith, the mation of the Senate and the public day, April 12, 2000, at 9:30 a.m., in Hart legal counsel for the Employment, that a hearing has been scheduled be- 216. Safety and Training Subcommittee be fore the Committee on Energy and Nat- The PRESIDING OFFICER. Without granted the privilege of the floor dur- ural Resources. objection, it is so ordered. ing further debate on the bill. The hearing will take place on Thurs- COMMITTEE ON RULES AND ADMINISTRATION The PRESIDING OFFICER. Without day, April 27 at 9:30 a.m. in room SH– Mr. ROBERTS. Mr. President, I ask objection, it is so ordered. 216 of the Hart Senate Office Building unanimous consent that the Com- f in Washington, DC. mittee on Rules and Administration be DISCHARGE AND REFERRAL OF This is the third in a series of hear- authorized to meet during the session S. 2163 ings regarding pending electricity com- of the Senate on Wednesday, April 2, petition legislation: S. 282, the Transi- 2000, at 9:30 a.m., to receive testimony Mr. SMITH of New Hampshire. Mr. tion to Competition in the Electric In- on compelled political speech. President, I ask unanimous consent dustry Act; S. 516, the Electric Utility The PRESIDING OFFICER. Without that the Committee on Indian Affairs Restructuring Empowerment and Com- objection, it is so ordered. be discharged from further consider- petitiveness Act of 1999; S. 1047, the SUBCOMMITTEE ON EUROPEAN AFFAIRS ation of S. 2163, a bill to provide for a Comprehensive Electricity Competi- Mr. ROBERTS. Mr. President, I ask study of the engineering feasibility of a tion Act; S. 1284, the Electric Con- unanimous consent that the Sub- water exchange in lieu of electrifica- sumer Choice Act; S. 1273, the Federal committee on European Affairs of the tion of the Chandler Pumping Plant at Power Act Amendments of 1999; S. 1369, Committee on Foreign Relations be au- Prosser Diversion Dam, Washington, the Clean Energy Act of 1999; S. 2071, thorized to meet during the session of and that the measure be referred to the Electric Reliability 2000 Act; and S. the Senate on Wednesday, April 12, 2000 Committee on Energy and Natural Re- 2098, the Electric Power Market Com- at 10:00 a.m. to hold a hearing. sources. petition and Reliability Act. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without For further information, please call objection, it is so ordered. objection, it is so ordered. Trici Heninger at (202) 224–7875. SUBCOMMITTEE ON INTERNATIONAL ECONOMIC f f POLICY, EXPORT AND TRADE PROMOTION Mr. ROBERTS. Mr. President, I ask AUTHORIZING TAKING OF AUTHORITY FOR COMMITTEES TO unanimous consent that the Sub- PHOTOGRAPH MEET committee on International Economic Mr. SMITH of New Hampshire. Mr. COMMITTEE ON COMMERCE, SCIENCE, AND Policy, Export and Trade Promotion of President, I ask unanimous consent TRANSPORTATION the Committee on Foreign Relations be that the Senate proceed to the imme- Mr. ROBERTS. Mr. President, I ask authorized to meet during the session diate consideration of S. Res. 288, sub- unanimous consent that the Com- of the Senate on Wednesday, April 12, mitted earlier by Senator LOTT. mittee on Commerce, Science, and 2000 at 2:00 p.m. to hold a hearing. The PRESIDING OFFICER. The Transportation be authorized to meet The PRESIDING OFFICER. Without clerk will report the resolution by on Wednesday, April 12, 2000, at 9:30 objection, it is so ordered. title.

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A12AP6.070 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — SENATE S2645 The legislative clerk read as follows: that the resolutions be agreed to and chusetts. The appointment is for a term of 6 A resolution (S. Res. 288) authorizing the the motions to reconsider be laid upon years and shall take effect on May 5, 2000. taking of a photograph in the Chamber of the table, with the above occurring en S.J. RES. 42 the United States Senate. bloc. Resolved by the Senate and House of Rep- There being no objection, the Senate The concurrent resolutions (H. Con. resentatives of the United States of America in proceeded to consider the resolution. Res. 278, H. Con. Res. 279, and H. Con. Congress assembled, That, in accordance with Mr. SMITH of New Hampshire. Mr. Res. 281) were agreed to. section 5581 of the Revised Statutes of the President, I ask unanimous consent f United States (20 U.S.C. 43), the vacancy on that the resolution be agreed to and the Board of Regents of the Smithsonian In- PROVIDING FOR CERTAIN AP- the motion to reconsider be laid upon stitution, in the class other than Members of POINTMENTS TO THE BOARD OF the table. Congress, occurring by reason of´ ˜the expira- REGENTS OF THE SMITHSONIAN tion of the term of Manuel L. Ibanez of Texas The PRESIDING OFFICER. Without INSTITUTION. on May 4, 2000, is filled by the reappointment objection, it is so ordered. of the incumbent for a term of 6 years. The The resolution (S. Res. 288) was Mr. SMITH of New Hampshire. Mr. reappointment shall take effect on May 5, agreed to, as follows: President, I ask unanimous consent 2000. S. RES. 288 that the Rules Committee be dis- f charged from further consideration of Resolved, That paragraph 1 of Rule IV of STAR PRINT—S. 2343 the Rules for the Regulation of the Senate the following Senate joint resolutions: Wing of the United States Capitol (prohib- S.J. Res. 40, S.J. Res. 41, and S.J. Res. Mr. SMITH of New Hampshire. Mr. iting the taking of pictures in the Senate 42, and I ask unanimous consent that President, I ask unanimous consent Chamber) be temporarily suspended for the the Senate proceed to these resolutions that S. 2343, the National Historic sole and specific purpose of permitting the en bloc. Lighthouse Preservation Act of 2000, as Senate Photographic Studio to photograph The PRESIDING OFFICER. Without introduced on April 4, 2000, be star the United States Senate in actual session objection, it is so ordered. The clerk printed to add text that was inadvert- on Tuesday, June 6, 2000, at the hour of 2:15 ently omitted in the original bill. That p.m. will report the joint resolutions by SEC. 2. The Sergeant at Arms of the Senate title. is a request of Senator MURKOWSKI. is authorized and directed to make the nec- The legislative clerk read as follows: The PRESIDING OFFICER. Without essary arrangements therefor, which ar- A joint resolution (S.J. Res. 40) providing objection, it is so ordered. rangements shall provide for a minimum of for the appointment of Alan G. Spoon as a f disruption to Senate proceedings. citizen regent of the Board of Regents of the ORDERS FOR THURSDAY, APRIL f Smithsonian Institution. A joint resolution (S.J. Res. 41) providing 13, 2000 AUTHORIZING USE OF CAPITOL for the appointment of Sheila E. Widnall as Mr. SMITH of New Hampshire. Mr. GROUNDS FOR 19TH ANNUAL NA- citizen regent of the Board of Regents of the President, I ask unanimous consent TIONAL PEACE OFFICERS’ ME- Smithsonian Institution. that when the Senate completes its MORIAL SERVICE A joint resolution (S.J. Res. 42) providing business today, it adjourn until the for the reappointment of Manuel L. Ibanez as hour of 10:30 a.m. on Thursday, April a citizen regent of the Board of Regents of 13. I further ask consent that on Thurs- AUTHORIZING USE OF CAPITOL the Smithsonian Institution. day, immediately following the prayer, GROUNDS FOR 200TH BIRTHDAY There being no objection, the Senate the Journal of proceedings be approved CELEBRATION OF THE LIBRARY proceeded to consider the joint resolu- to date, the morning hour be deemed OF CONGRESS tions. expired, the time for the two leaders be Mr. SMITH of New Hampshire. Mr. reserved for their use later in the day, President, I ask unanimous consent and the Senate then begin a period of AUTHORIZING USE OF THE EAST that the resolutions be read a third FRONT OF THE CAPITOL morning business until 12:30 p.m., with time and passed, en bloc, the motions Senators speaking up to 5 minutes GROUNDS FOR CERTAIN PER- to reconsider be laid upon the table, FORMANCES each, with the following exceptions: and any statements relating to these Senator CRAPO, or his designee, 10:30 Mr. SMITH of New Hampshire. Mr. resolutions be printed in the RECORD. a.m. to 10:45 a.m.; Senator TIM HUTCH- President, I ask unanimous consent The PRESIDING OFFICER. Without INSON, 10:45 a.m. to 11 a.m.; Senator that the Rules Committee be dis- objection, it is so ordered. BOB SMITH, or his designee, 11 a.m. to charged from further consideration of The joint resolutions (S.J. Res. 40, 11:30 a.m.; Senator HARRY REID, 20 min- the following concurrent resolutions S.J. Res. 41, and S.J. Res. 42) were read utes; Senator DODD, or his designee, 30 and, further, that the Senate proceed the third time and passed, as follows: minutes; and Senator CONRAD, 10 min- to their consideration en bloc: H. Con. S.J. RES. 40 utes. Res. 278, H. Con. Res. 279, and H. Con. Resolved by the Senate and House of Rep- The PRESIDING OFFICER. Without Res. 281. resentatives of the United States of America in objection, it is so ordered. The PRESIDING OFFICER. Without Congress assembled, That, in accordance with Mr. SMITH of New Hampshire. I fur- objection, it is so ordered. The clerk section 5581 of the Revised Statutes of the ther ask unanimous consent that at will report the concurrent resolutions United States (20 U.S.C. 43), the vacancy on 12:30 p.m. the Senate remain in morn- by title. the Board of Regents of the Smithsonian In- ing business with regard to the mar- The legislative clerk read as follows: stitution, in the class other than Members of riage tax penalty until 2 p.m., with the Congress, occurring by reason of resignation A concurrent resolution (H. Con. Res. 278) of Louis Gerstner of New York, is filled by time equally divided between the two authorizing the use of the Capitol Grounds the appointment of Alan G. Spoon of Mary- leaders, or their designees, and the for the 19th annual National Peace Officers’ land. The appointment is for a term of 6 Senate then proceed to the cloture vote Memorial Service. years and shall take effect on the date of en- with regard to the amendment to H.R. A concurrent resolution (H. Con. Res. 279) actment of this joint resolution. authorizing the use of the Capitol Grounds 6 at 2 p.m., with the mandatory for the 200th birthday celebration of the Li- quorum waived. S.J. RES. 41 brary of Congress. The PRESIDING OFFICER. Without A concurrent resolution (H. Con. Res. 281) Resolved by the Senate and House of Rep- objection, it is so ordered. authorizing the use of the East Front of the resentatives of the United States of America in f Capitol Grounds for performances sponsored Congress assembled, That, in accordance with by the John F. Kennedy Center for the Per- section 5581 of the Revised Statutes of the PROGRAM forming Arts. United States (20 U.S.C. 43), the vacancy on Mr. SMITH of New Hampshire. On be- There being no objection, the Senate the Board of Regents of the Smithsonian In- half of the leader, I further announce, stitution, in the class other than Members of proceeded to consider the concurrent Congress, occurring by reason of the expira- tomorrow morning there will be an op- resolutions. tion of the term of Frank A. Shrontz of portunity in morning business for Sen- Mr. SMITH of New Hampshire. Mr. Washington on May 4, 2000, is filled by the ators to make general statements and President, I ask unanimous consent appointment of Sheila E. Widnall of Massa- for bill introductions until 12:30 p.m.

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.162 pfrm12 PsN: S12PT1 S2646 CONGRESSIONAL RECORD — SENATE April 12, 2000 Following general morning business, necessary. If cloture is not invoked on fore, additional votes will occur tomor- Senators will begin statements with re- the substitute, there will be a second row afternoon. gard to the marriage tax penalty issue cloture vote on the underlying meas- f during a morning business period. By ure. Therefore, a second cloture vote previous consent, at 2 p.m. there will may occur. ADJOURNMENT UNTIL 10:30 A.M. be a cloture vote on the pending TOMORROW With April 15 fast approaching, this amendment to that important legisla- Mr. SMITH of New Hampshire. If tion. issue is of the utmost importance to many married couples and, therefore, there is no further business to come be- It was hoped that an agreement fore the Senate, I now ask unanimous it is essential that we vote tomorrow would be reached to complete this consent that the Senate stand in ad- on moving forward with the bill. measure after the Senate considered journment under the previous order. relevant amendments. Unfortunately, a Following the cloture votes, the Sen- There being no objection, the Senate, consent could not be granted and, ate is expected to consider the budget at 6:48 p.m., adjourned until Thursday, therefore, the 2 p.m. cloture vote is resolution conference report. There- April 13, 2000, at 10:30 a.m.

VerDate 20-MAR-2000 03:25 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G12AP6.165 pfrm12 PsN: S12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E541 EXTENSIONS OF REMARKS

INTRODUCTION OF THE PREDA- years and ended up with monthly payments CONGRATULATIONS TO THE LAKE TORY LENDING CONSUMER PRO- that exceed her income. OF THE OZARKS SERVICE CORPS TECTION ACT OF 2000, H.R. 4250 OF RETIRED EXECUTIVES These are not isolated examples. The prob- (SCORE) CHAPTER FOR HAVING lem of predatory lending has been the focus of BEEN NAMED THE NATIONAL HON. JOHN J. LaFALCE recent statements by all the federal financial OF NEW YORK SCORE CHAPTER OF THE YEAR, regulators. Comptroller of the Currency, Gerry 2000 IN THE HOUSE OF REPRESENTATIVES Hawke; Director of the Office of Thrift Super- Wednesday, April 12, 2000 vision, Ellen Seidman and the Chair of the HON. IKE SKELTON Mr. LAFALCE. Mr. Speaker, I am pleased to Federal Deposit Insurance Corporation, Donna Tanoue, have all denounced these practices. OF MISSOURI be joined this morning by my friend and Sen- IN THE HOUSE OF REPRESENTATIVES ate colleague, Senator PAUL SARBANES of Two weeks ago, Federal Reserve Board Wednesday, April 12, 2000 Maryland, in introducing legislation to address Alan Greenspan announce a task force to ad- the problem of abusive practices in high-cost dress predatory lending. Last week, HUD Sec- Mr. SKELTON. Mr. Speaker, I was recently mortgage refinancings, home equity loans and retary Cuomo organized working groups to informed by the Administrator of the Small home repair loans. come up with recommendations. Yesterday, Business Administration that the Lake of the I would also like to take this opportunity to Fannie Mae announced its own guidelines to Ozarks SCORE Chapter has been selected introduce a number of the representatives of exclude purchases of predatory loans, with the National SCORE Chapter of the Year. national consumer, senior citizen, community As you know, SCORE is a nonprofit asso- Fannie's Chairman and CEO, Frank Rains, and civil rights organizations that are with us ciation dedicated to entrepreneur education issuing a statement today supporting the need today. Many have worked with us since we and the formation, growth, and success of completed work on Financial Modernization for legislation. Also today, Treasury Secretary small businesses throughout this country. last Fall to develop this legislation. Summers has issued a statement indicating SCORE, which is a resource partner with the The problem of so-called ``predatory'' lend- his concerns about this problem and sup- Small Business Administration, has thousands ing has reached near epidemic proportions in porting our efforts. of volunteers in 389 chapters who serve as recent years, robbing millions of American What exactly does our legislation do? Very ``Counselors to America's Small Business.'' households of the equity in their homes and briefly, the bill expands and fills the gaps in Working and retired executives and business undermining the economic vitality of our neigh- the 1994 Home Ownership and Equity Protec- owners in local SCORE chapters, like the one borhoods. tion Act (HOEPA) that Congress enacted in at the Lake of the Ozarks, donate their time Our legislation, the ``Predatory Lending Con- response to the initial wave of abusive home and expertise as volunteer business coun- sumer Protection Act,'' responds to wide- equity loans ten years ago. HOEPA estab- selors and provide confidential counseling and spread evidence that so-called ``subprime''Ðor lished an important framework for combating mentoring free of charge. SCORE, which was high costÐlenders are systematically targeting founded in 1964, assists approximately predatory practices, but it did not go far homeowners with low incomes or damaged 300,000 entrepreneurs annually. enough. The legislation strengthens and ex- credit histories (subprime borrowers). These Each year, the SCORE Chapter of the Year offers seek to trap borrowers in unaffordable pands HOEPA protections in a number of is honored during Small Business Week, debt, strip the equity from their home and, too ways: which this year is May 21±26, 2000. I know often, put the home in foreclosure. ``Predatory'' It lowers HOEPA's interest rate and total fee that my colleagues in the House will be loans tend to have a number of abusive prac- ``triggers'' to extend needed protections to pleased to join me in recognizing the out- tices in common: interest rates far above con- greater numbers of high cost mortgage standing work of the men and women who ventional loan rates; excessive fees and refinancings, home equity loans and home im- volunteer their time to this year's SCORE points, often hidden in the mortgage financing; provement loans. Chapter of the YearÐthe Lake of the Ozarks up-front payment of credit insurance; balloon Service Corps of Retired Executives. payments; frequent refinancings; huge prepay- It expands HOEPA to restrict practices that f ment penalties; arbitrary call provisions, and facilitate mortgage ``flipping'' and equity ``strip- other practices. ping''Ðrestricting the financing of fees and CARL SITTER Predatory lending is somewhat akin to Jus- points, prepayment penalties, single-premium tice Brennan's definition of ``pornography'': it credit insurance, balloon payments and call HON. SCOTT McINNIS might be difficult to define, but you certainly provisions. OF COLORADO know it when you see it. In my own district, for It prevents lenders from making loans with- IN THE HOUSE OF REPRESENTATIVES example, there is Florence McKnight, a 84- out regard to the borrower's ability to repay year-old Rochester widow who, while heavily Wednesday, April 12, 2000 the debt, encourages credit and debt coun- sedated in a hospital bed, signed a $50,000 Mr. MCINNIS. Mr. Speaker, I wanted to ask seling and requires new consumer warnings loan secured by her home for only $10,000 in that we all pause a moment to remember a new widows and other home repairs. Under on the risks of high-cost secured borrowing. true American hero, Mr. Carl Sitter. Though he the loan she would have to pay over $72,000 It encourages stronger enforcement of con- is gone, he will live on in the hearts of all who over 15 years, and still face a balloon pay- sumer protections by strengthening civil rem- knew him and be remembered for long years ment of $40,000. Mrs. McKnight's home is edies and rescission rights and increasing by many who didn't. now in foreclosure. statutory penalties for violations. During the Koren War, Sitter fought for our There are many more examples. These in- country while he served in the Marine Corps. The bill deals directly, and I believe effec- clude, for exampleÐ His relentless effort and valiant leadership led tively, with the primary abuses that encourage The West Virginia widow who had her mort- to a succesful defeat of the Korean Army. Mr. gage refinanced seven times within 15 and facilitate such predatory practices as loan Sitter's bravery as a Captain in the Korean months, only to lose it in foreclosure. ``flipping'' and equity ``stripping.'' By restricting War led to him becoming the first of Pueblo's The disabled Portland, Oregon woman who the tools that make these practices profitable, four Medal of Honor recipients. Despite gre- was charged more than 30 percent of the and by enhancing private remedies and civil nade burns to his face, arms and chest, Mr. amount of her mortgage financing in fees and penalties to deter violations, we can prevent Sitter kept his position during the two day bat- credit life insurance. the American dream of home ownership from tle at Hagaru-Ki, in November 1950. The 68-year-old Chicago woman whose becoming a nightmare at the hands of preda- As you can see, Mr. Speaker, Mr. Sitter was mortgage was refinanced three times in 5 tory lenders. a model American, embodying patriotism,

∑ 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 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.000 pfrm03 PsN: E12PT1 E542 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2000 strength, gentleness and service throughout Assemblyman Rooney and his wife, Martha, nam during his three years on active duty. In his lifetime. Carl will be missed by all of us. have two adult children, Beth and Patrick. His 1969 he returned to civilian life and enrolled at Hopefully, we can learn from the example that family has always been supportive, and made Central Missouri State University at Carl Sitter has set. it possible for Assemblyman Rooney to serve Warrensburg where he also was a member of f in this distinguished way. the track team. He graduated in 1974 with a I ask my colleagues in the House of Rep- bachelor's degree in education. After com- CONGRATULATING ASSEMBLYMAN resentatives to join me in congratulating this pleting his student teaching at Odessa High JOHN ROONEY outstanding public servant, who has helped School, Delbert worked for the local water improve the lives not only of his hometown as company in Lexington while waiting for a per- HON. MARGE ROUKEMA Councilman and Mayor but the entire State of manent teaching position to become available. OF NEW JERSEY New Jersey as a leading legislator. He most In January 1975, Delbert took a job teaching IN THE HOUSE OF REPRESENTATIVES certainly has made his community and the science in the Wellington-Napoleon School State of New Jersey a better place to work, District. That spring, he began his association Wednesday, April 12, 2000 own a home and raise a family. with the varsity high school track team as their Mrs. ROUKEMA. Mr. Speaker, today I con- f assistant coach. He was named head coach gratulate New Jersey State Assemblyman the next year and the school won its first I±70 John E. Rooney on receiving the New Jersey HONORING THE ITALIAN AMER- Conference boys track meet and the school's Conference of Mayors' prestigious Legislator ICAN WAR VETERANS POST #26 first district track championship the year after Award. Assemblyman Rooney is one of the that. He coached the boy's track team to the most outstanding and respected members of HON. RON KLINK state championships in 1985, 1987 and 1991. our State Legislature. He is a trusted friend They took second place in 1986 and 1987, OF PENNSYLVANIA and advisor whose counsel I value greatly. and third place in 1993 and 1996. The girls' This award recognizes the landmark work he IN THE HOUSE OF REPRESENTATIVES track teams took second at the state cham- has done in the New Jersey Assembly, par- Wednesday, April 12, 2000 pionships in 1992 and third in 1993. ticularly initiatives he has sponsored that have Mr. KLINK. Mr. Speaker, today I recognize Delbert has been honored for his commit- helped hold down municipal property taxes. the Italian American War Veterans Post #26 of ment to coaching many times. He was named Assemblyman Rooney's dedicated career in western Pennsylvania and its past com- the State 1A Boys Track Coach of the Year public service began in 1976, when he was manders for their efforts in honoring our war eight times and the State 1A Girls Track elected councilman in his hometown of heroes. Through picnics and other social func- Coach of the Year three times. In 1994, he Northvale. In 1979 he became the borough's tions, these distinguished individuals have was recognized as the Region 5 National first Republican mayor in a quarter centuryÐ helped many veterans remain connected to Boys Track Coach of the Year, which included serving and subsequently brought about the their colleagues in the New Castle area. They not only Missouri, but six other midwestern first Republican majority on the Borough honor our fallen veterans by placing flags on states. In 1998, Delbert was inducted into the Council in more than a decade. He was elect- their graves on memorial Day, and they help Missouri Track and Cross Country Coaches ed to the State Assembly in 1983 and has our veterans by donating their time and re- Association Hall of Fame during ceremonies at been re-elected every two years since then. sources to the Hospice of New Castle Hos- Columbia. As an assemblyman, he has authored a pital. By serving as department commanders Mr. Speaker, Delbert Best has dedicated 25 number of landmark bills, including the legisla- and in state and national offices, the Italian years to teaching and motivating talented tion that established the Division of Develop- American War Veterans have proven their young people. I wish him and his family all the mental Disabilities and the law giving fire- commitment to improving the lives of their fel- best in the days ahead, and I am certain that fighters the right to know the location of toxic low veterans. the Members of the House will join me in pay- materials at industrial sites. He also sponsored ing tribute to this fine Missourian. I would especially like to recognize the past the constitutional amendment eliminating ex- commanders of the Italian American War Vet- f pensive special elections, instead allowing erans Post #26. Without their hard work and county political committees to fill legislative va- JOE CARPENTER leadership, many of these accomplishments cancies. His work in challenging the state's would not have been possible: Ben Rizzo, authority over solid waste disposal has saved Fred Mancini, Frank Minice, P.D.C., Carl HON. SCOTT McINNIS municipalities millions of dollars and, in turn, Cialella, John Russo, Jr., Frank Bonfield, OF COLORADO helped control property taxes. P.D.C., Richard Veri, and Anthony Toscano. IN THE HOUSE OF REPRESENTATIVES Born in Brooklyn, New York, Assemblyman Rooney first came to New Jersey to attend Once again, I ask my colleagues to join me Wednesday, April 12, 2000 in recognizing the members of the Italian Rutgers University, where he graduated Mr. MCINNIS. Mr. Speaker, I would like to magna cum laude with a degree in business American War Veterans Post #26 for their take a moment to recognize a great man, Mr. management. He also holds a master's de- dedication to our nation's veterans. Because Joe Carpenter. On April 13, 2000, Mr. Car- gree in marketing from Rutgers, masters in of their efforts, these great Americans will penter will be retiring from his position as the political science and history from the Univer- never be forgotten. Garfield/Pitkin County Veteran. He has been sity of Maryland, and a degree in language f an asset to both Colorado and our great na- from Syracuse University. He served in the Air tion. TRIBUTE TO RETIRING COACH Force as a Russian linguist, where he won In 1942, Mr. Carpenter was drafted into the DELBERT BEST commendations from the National Security military. After the completion of basic training Agency for outstanding intelligence work. He his company was sent to the South Pacific, has made his professional career as a sales HON. IKE SKELTON however, due to bad vision, Joe was not able executive in the electrical motor and control in- OF MISSOURI to fulfill his dream of coming face to face with dustry. IN THE HOUSE OF REPRESENTATIVES the enemy, and had to stay behind. He was Active in government, professional and civic then assigned to ordnance and with special Wednesday, April 12, 2000 organizations, Assemblyman Rooney has training became an Ordnance NCO. There, been a member of the New Jersey Con- Mr. SKELTON. Mr. Speaker, it has come to Joe handled tons of ammunition and explo- ference of Mayors, the American Legion, Viet- my attention that Delbert Best will retire as the sives and loaded weaponry on aircraft. nam Veterans for America, Elks, the Water athletic director and track coach on June 30, In 1999, on the anniversary of Pearl Harbor Pollution Control Federation and the American 2000, after 25 years of coaching and teaching Day, at the Normandy celebration that I held, Management Association. He is a former at Wellington-Napoleon High School in Mis- he was instrumental in locating those Nor- chairman of the Northern Valley Community souri. mandy Veterans who received recognition. He Development Program, a former president of Delbert grew up in my hometown of Lex- is a model American that embodies patriotism, the Northern Valley Mayors' Association, and ington, Missouri, and graduated from high strength and service to his country. Hopefully a commissioner of the Bergen County Utilities school in 1966. Shortly after graduation, he we can learn from the example of Joe Car- Authority. joined the Marines and served a tour in Viet- penter and will try to be a little more like him.

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K12AP8.002 pfrm03 PsN: E12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E543 BUSINESS CHECKING work and raise a family. There is no doubt in a choice between heating their homes or buy- MODERNIZATION ACT my mind, or the minds of the folks who live in ing food or medicine. Jessamine County, that today the community On March 21, 2000 I introduced H. Con. SPEECH OF is a better place due to Hazel's hard work and Res. 291, asking that the President draw HON. MARGE ROUKEMA dedication. down the Strategic Petroleum Reserve if the OF NEW JERSEY Within our many communities, there exist OPEC nations did not decide to increase pro- organizations and civic groups that provide in- IN THE HOUSE OF REPRESENTATIVES duction so as to bring prices down. I was valuable services and activities for its citizens. Tuesday, April 11, 2000 pleased that OPEC did agree to increase pro- The leaders of these organizations dedicate duction and bring relief to our nation. I want to Mrs. ROUKEMA. Mr. Speaker, I rise in countless hours of service to ensure that the thank several of my colleagues from Pennsyl- strong support of H.R. 4067, the Business organization is well represented and accom- vania for co-sponsoring H. Con. Res. 291: Mr. Checking Modernization Act. plishing all that it can within our communities. MURTHA, Mr. ROBERT BRADY, Mr. HOLDEN, Mr. I agree that repealing the prohibition on pay- Hazel has been this kind of Executive Director MASCARA, and Mr. COYNE. I would further like ing interest on business checking is clearly the and she has achieved all of her organizational to thank my colleagues from Maryland and right public policy. This prohibitionÐwhich is goals in a courteous, respectful manner that several New England states, Mr. WYNN, Mr. anti-small businessÐis a relic of Depression will be remembered by the Jessamine County BALDACCI, Mr. OLVER, Mr. SANDERS, Mr. era banking laws. This legislation has been in Chamber and community for many, many GEJDENSON, Mr. WEYGAND, Mr. KENNEDY, and bills which I've introduced and worked on in years to come. Mr. MALONEY for co-sponsoring the resolution. both the 105th and 106th Congresses. Both I salute Hazel for her years of dedicated But relying on OPEC is inadequate. H. Con. the NFIB and U.S. Chamber support repeal as service to the Jessamine County Chamber of Res. 291 also asked that the President and well as most of the banking industryÐthe Commerce. She has been the kind of leader Secretary of Energy should prepare for future American Bankers Association, America's that every organization wishes forÐa leader threats to the economy and the energy supply Community Bankers and others. The real who knows how to get things done right and of the United States by developing methods to question isÐand continues to beÐwhat is the work continuously to assure all aspects of increase the quantity of crude oil in the Stra- appropriate time frame for repeal. every situation are covered. Hazel, thanks for tegic Petroleum Reserve in an economically Mr. LEACH, I appreciate your willingness to your many years of dedicated service, remark- reasonable manner, and maximize the use of accommodate me in this regard. As intro- able accomplishments and many successes. domestic energy resources. duced, H.R. 4067 provided a 1 year transition f period, which I believe was just too short for We need to establish a sound energy policy many of our small bankers to adjust to. While ENERGY POLICY AND CONSERVA- in this country, so that we do not have to rely some members have argued for a 6 year tran- TION ACT REAUTHORIZATION on OPEC: an efficient manner of oil produc- tion, clean coal technology, since coal is so sition period I don't believe that long a period SPEECH OF is warranted. The 3 year period which is in abundant in Pennsylvania and many other H.R. 4067 is fair. This period of time will per- HON. RON KLINK states across the nation, and we must give a mit banks and thrifts to rework their arrange- OF PENNSYLVANIA sincere effort to establishing renewable energy ments with business customers so that no one IN THE HOUSE OF REPRESENTATIVES as a source of fuels. As a member of the Re- newable Energy Caucus, I have worked to in- is significantly disadvantaged. Tuesday, April 11, 2000 In addition, I'd like to thank you for including crease appropriations to fund renewable en- a provision in the bill which immediately per- Mr. KLINK. Mr. Speaker, I am in support of ergy research and development programsÐ mits banks and thrifts to provide their business H.R. 2884, reauthorizing the Energy Policy solar, wind, biomass, hydrogen, geothermal, customers with up to 24 sweep transactions a and Conservation Act, and the President's au- and hydropower. month. Adding this provision provides flexibility thority to draw down the Strategic Petroleum In order to meet the most immediate needs which will assist both banks and their cus- Reserve. The reserve contains 570 million of our constituents in alleviating the high tomers. Again, it is similar to a provision from barrels of oil to be used in a national emer- prices they pay to heat their home and fuel my Regulatory Burden Relief bills from both gency and it is critical that the Senate pass their vehicles, the Northeast Home Heating Oil the 105th and 106th Congresses. The provi- H.R. 2884 and that the President sign it into Reserve is a first step in the right direction, sion would permit banks and thrifts to sweep law as quickly as possible. and I urge that the Senate pass it as quickly idle cash out of a corporate checking account I am pleased that it establishes a ``Northeast as possible. each business day in a month. It is both ap- Home Heating Oil Reserve.'' This will help ev- propriate and helpful. eryone, including people in Pennsylvania, per- f The Business Checking Modernization Act sons paying home heating oil bills, diesel truck is a good bill. It strikes a reasonable balance drivers, farmers who must operate tractors, PERSONAL EXPLANATION between the interests of small banks and and drivers of regular cars. If we have an small businesses. I encourage my colleagues emergency or severe winter weather, 2 million to strongly support this excellent piece of leg- barrels of oil will be available on reserve and HON. SUE WILKINS MYRICK diesel fuel will not be confiscated to use as islation. OF NORTH CAROLINA f home heating oil. This will keep prices down for home owners, especially senior citizens IN THE HOUSE OF REPRESENTATIVES HONORING HAZEL L. UNDER- and the poor, and for drivers of cars, trucks, Wednesday, April 12, 2000 WOOD’S 16 YEARS OF SERVICE and for farmers driving tractors. AS EXECUTIVE DIRECTOR OF Along with helping Pennsylvania, the North- Mrs. MYRICK. Mr. Speaker, due to nec- THE JESSAMINE COUNTY CHAM- east Home Heating Oil Reserve will be avail- essary medical treatment, I was not present BER OF COMMERCE able for Maine, New Hampshire, Vermont, for the following votes. If I had been present, Massachusetts, Connecticut, Rhode Island, I would have voted as follows: HON. ERNIE FLETCHER New York and New Jersey. April 11, 2000: It is my hope that, with this reserve, our OF KENTUCKY Rollcall vote 116, on the motion to suspend constituents will not have to suffer high pay- IN THE HOUSE OF REPRESENTATIVES the rules and pass H.R. 4163, the Taxpayer ments for home heating oil and gasoline as Bill of Rights, I would have voted ``yea.'' Wednesday, April 12, 2000 they did this past winter. For example, a con- Mr. FLETCHER. Mr. Speaker, it's an honor stituent in Pennsylvania, Jim Luchini of Kirk Rollcall vote 117, on the motion to suspend to speak today on behalf of a dear friend and Trucking in Delmont, Pennsylvania, sent me the rules and pass H. Res. 467, expressing active civic leader in the 6th Congressional figures back in January, showing that prices at the sense of the House of Representatives District of Kentucky. For 16 years, Hazel L. the diesel fuel pumps increased in some that the tax and user fee increases proposed Underwood, has been the Executive Director places by 10 cents in 24 hours. For home by the Administration in the FY 2001 budget of the Jessamine County Chamber of Com- heating oil, it was especially painful for our should be adopted, I would have voted ``nay.'' merce. Hazel is a caring lady, who has constituents who are senior citizens, or who Rollcall vote 118, on the motion to instruct worked hard to ensure that Jessamine County are poor, to have paid over $2.00 a gallon. Conferees to H.R. 1501, the Juvenile Justice is and always will be a wonderful place to live, None of our constituents should have to make Reform Act, I would have voted ``yea.''

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K12AP8.001 pfrm03 PsN: E12PT1 E544 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2000 CONGRATULATIONS TO VICE IN RECOGNITION OF They assigned him to a combat infantry divi- ADMIRAL ROBERT J. NATTER CYBERANGELS sion during World War II. After the war, Dr. Orzac finished his resi- HON. BOB FRANKS dency and postgraduate education at HON. IKE SKELTON OF NEW JERSEY Morrisania City Hospital and New York Univer- sity Bellevue Graduate School of Medicine. OF MISSOURI IN THE HOUSE OF REPRESENTATIVES From 1947 until 1948, Dr. Orzac was the chief IN THE HOUSE OF REPRESENTATIVES Wednesday, April 12, 2000 resident at Morrisania City Hospital. When he Mr. FRANKS of New Jersey. Mr. Speaker, I completed his residency, Dr. Orzac estab- Wednesday, April 12, 2000 rise before you today to recognize an out- lished and ran a private practice from 1948 Mr. SKELTON. Mr. Speaker, it has come to standing organization that is aggressively until 1981. my attention that Vice Admiral Robert Natter fighting crimes against children on the Inter- Though Dr. Orzac's private practice kept net. him busy, he served on many professional will receive the Distinguished Graduate Lead- Tragically, in increasing numbers, our chil- boards and had many professional fellow- ership Award from the United States Naval dren are being exploited over the Internet. Ev- ships. Between the boards and fellowships, he War College on May 1, 2000. eryday, pedophiles are contacting our children also had various hospital assignments. Fur- The Distinguished Graduate Leadership via the Internet in those places where we want thermore, he taught at a variety of universities Award is presented to a former student of the to believe they are most secureÐin our that include New York University School of Naval War College whose accomplishments homes, our schools, and our libraries. Our law Medicine, NYU Graduate School of Medicine, as a military leader and outstanding service in enforcement agencies, both local and federal, State University New York at Stony Brook the national interest have brought honor to his are working overtime to apprehend these Medical School, Adelphi University and St. country, the Armed Services and the Naval cybermolesters. And, now they are receiving John's University. Dr. Orzac still teachers at help from an unexpected sourceÐcitizen vol- SUNY Stony Brook, Adelphi and St. John's. War College. unteers organized through a group called Dr. Orzac's talents, however, are not limited Vice Admiral Natter enlisted in the Naval Cyberangels. to practicing medicine and to teaching. He Reserve at the age of 17 as a Seaman Re- Cyberangels is an exemplary, New Jersey- writes, raises money for many Jewish causes cruit. Following one year of reserve enlisted based Internet safety group that helps to keep and organizations, participates in the Boy service and four years at the United States our children safe while they use the Internet. Scouts of America, is a trustee, a founder, a Naval Academy, he graduated and was com- Cyberangels is well-known for their advice on visiting specialist, to name a few. In the midst missioned in June 1967. child Internet safety, but recently they have of these pursuits, Dr. Orzac received a bach- taken a more active role in combating Internet elor's degree in history and a master's degree Vice Admiral Natter's service at sea in- crimes against children through their cyber- in Asian Studies. cluded department head tours in a Coastal sleuthingÐtracing individuals over the Internet. Throughout his life, Dr. Orzac's work has Minesweeper and Frigate and Executive Offi- This noble group of volunteers has already re- been recognized and rewarded. The Army be- cer tours in two Amphibious Tank Landing united three families with their children who stowed the first of many medals, honors and Ships and a Spruance Destroyer. He was Offi- were victims of cybermolesters. awards. The City of Chicago, a Chicago law cer in Charge of a Naval Special Warfare de- Most recently these volunteers aided the school, a college, the United Jewish Appeal, tachment in Vietnam and commanded U.S.S. family of a 13-year-old girl in the town the Long Island Otolaryngological and Maxillo- Chandler (DDG996), U.S.S. Antietam (CG 54) Fanwood, New Jersey, a town in my Congres- facial Society and the Boy Scouts of America and the United States 7th Fleet. sional District. This young girl left her home to join the long list of organizations that have meet an 18-year-old man that she met on the honored Dr. Orzac's incredible talents. But his His shore assignments included Company Internet. Through the technical sleuth work of acclaim reaches beyond the United States. Af- Officer and later Flag Secretary to the Super- CyberangelsÐtracking the man through his E- ghanistan, India and Indonesia have honored intendent at the Naval Academy; Executive mail addressÐthe girl and her family were re- Dr. Orzac's unfailing contributions and selfless Assistant to the Director of Naval Warfare in united in little more than a day. devotion in providing medical services to their the Office of the Chief of Naval Operations; Cyberangels sets an excellent example of countries. staff member for the House Armed Services how private citizens and law enforcement Standing with him through these years is Committee of the 100th Congress of the agencies can work together to reduce Internet Beatrice, his wife, and their three children, United States; Executive Assistant to the crimes. It is my hope that Congress will soon Carolyn, Virginia and Elizabeth. They gave Commander in Chief, U.S. Pacific Fleet; Exec- do their part in protecting our children by en- him the nurturing and caring support for such utive Assistant to the Vice Chairman, Joint acting legislation to filter harmful material out a long and distinguished career. If a tree's Chiefs of Staff, during Operation Desert of schools and libraries and ensure that roots provide life-giving support, then Dr. cybermolesters receive the punishment they Orzac's family are his roots. Storm; Assistant Chief of Naval Personnel for deserve. Dr. Orzac, thank you for the tireless work, officer and enlisted personnel assignments; In the meantime, Mr. Speaker I hope that endless hours, countless patients, lost sleep. Chief of the Navy's Legislative Affairs organi- you will join me in commending Cyberangels Long Island has immeasurably benefitted from zation; and the Chief of Naval Operations' Di- for their superb efforts to keep our children your talents and care. We hold you in highest rector for Space, Information Warfare, Com- safe while they roam the vast resources on esteem and use your community service as a mand and Control. Vice Admiral Natter cur- the Web. I also encourage everyone to visit model to follow. rently is the Deputy Chief of Naval Operations Cyberangels on the web at f for Plans, Policy and Operations. www.cyberangels.com. TRIBUTE TO FRANK S. PRIESTLEY His personal decorations include the Silver f Star, two awards of the Distinguished Service HONORING DR. EDWARD S. ORZAC HON. HELEN CHENOWETH-HAGE Medal, Defense Superior Service Medal, five OF IDAHO awards of the Legion of Merit, Bronze Star HON. CAROLYN McCARTHY IN THE HOUSE OF REPRESENTATIVES Medal with Combat V, Purple Heart, two OF NEW YORK Wednesday, April 12, 2000 awards of the Meritorious Service Medal, Navy IN THE HOUSE OF REPRESENTATIVES Commendation Medal with Combat V, Navy Mrs. CHENOWETH-HAGE. Mr. Speaker, I Wednesday, April 12, 2000 Achievement Medal with Combat V, and var- rise today to pay special tribute to Frank ious unit and campaign awards. Mrs. MCCARTHY of New York. Mr. Speak- Priestley, President of the Idaho Farm Bureau er, today I honor one of the most outstanding Federation and the Farm Bureau Insurance Mr. Speaker, I wish to extend my congratu- doctors on Long Island, Dr. Edward S. Orzac. Companies of Idaho, who was recently elected lations to Vice Admiral Natter for this most de- In 1941, Dr. Orzac graduated from the Univer- to the American Farm Bureau Federation's served award. His life is an example to all sity of Virginia Medical School and interned at Board of Directors. This is a tremendous Americans, most particularly studentsÐpast, Wilkes-Barre General Hospital in Pennsyl- honor, especially since this is the first time in present and futureÐof the United States vania. Shortly after his internship, Dr. Orzac nearly three years that an Idahoan has served Naval War College. served his country in the United States Army. on this prestigious board.

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.010 pfrm03 PsN: E12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E545 Mr. Speaker, Frank began his illustrious ca- I believe their hard work and dedication is betterment of the community. I commend their reer when he started his own hay bailing busi- obvious, as the Lexington Lions Club will selfless contributions to the City of Torrance. ness at the age of 14. Through his vision and come together on Friday, April 28, 2000 to cel- Councilman Horwich has been an active entrepreneurial spirit he was able to establish ebrate its ``Million Dollar Decade''. Since 1990, volunteer in the community for over 20 years. a successful family farm operation. He and his this organization has worked to raise the nec- He has been involved with the Torrance Civic wife, Susan, today run a heifer replacement essary funds to serve the needs of our com- Center Authority, the Parks and Recreation operation and grow alfalfa, corn and barely in munity. Their efforts to prevent blindness and Commission, and the Planning Commission. A southeastern Idaho. their dedication to serving young people have local small businessman, Harvey was ap- When Frank is not busy on the farm, he, touched and improved the lives of so manyÐ pointed to the City Council in November of Susan and their 6 children attend church and I salute this remarkable organization for its 1998. actively participate in youth group activities. many achievements, accomplishments and A lifelong resident of the South Bay, Coun- Clearly, we are fortunate to have someone like years of dedicated service. cilman Lee was first elected to the City Coun- Frank serve the people of Idaho, and I person- Mr. Speaker, today I recognize an out- cil in 1992. Prior to his service on the Council, ally want to wish him a heartfelt thanks for his standing organization that has made so many Don Lee was a Planning Commissioner and a dedicated service. contributions throughout its 79 years of serv- Parks and Recreation Commissioner for the f ice. It is an honor to share with my colleagues City of Torrance. He is actively involved in the and the American people how the Lexington Torrance Rotary Club, YMCA, and Chamber HONORING GREEK INDEPENDENCE Lions Club has constantly given to make Lex- of Commerce. DAY ington and Kentucky a better place. Councilwoman O'Donnell is a standout edu- f cator, teacher of American government and HON. DEBBIE STABENOW U.S. History at Gardena High School. She has OF MICHIGAN IN SUPPORT OF METHAMPHET- been active in local politics and served on the IN THE HOUSE OF REPRESENTATIVES AMINES LEGISLATION Torrance Human Resources commission prior Wednesday, April 12, 2000 to her election to the City Council in 1992. Ms. STABENOW. Mr. Speaker, I rise today HON. MARY BONO She was selected as the Torrance YWCA to honor the 179th Greek Independence Day. OF CALIFORNIA Woman of the Year in 1994, and has been in- On March 25, 1821, the Greek people started IN THE HOUSE OF REPRESENTATIVES volved with the Torrance Historical Society, a battle that would lead to independence after Wednesday, April 12, 2000 YWCA, and the Salvation Army. Council members Horwich, Lee, and more than 400 years of Ottoman rule. Mrs. BONO. Mr. Speaker, it is time to de- Fortunately, Greek culture survived the Otto- O'Donnell have been invaluable members of clare war against methamphetamines. Meth is mans. Greek civilization inspired the framers the Torrance community. On behalf of the City a powerful and dangerous drug that harms in- of our constitution. The Greek political tradition of Torrance, I thank you for your service. You nocent families and ruins neighborhoods and had profound influence on our founding fa- have served the Torrance community with re- communities. thers and helped shape America's political spect and honor. This dangerous drug is a threat to our soci- foundation. The pursuit of freedom is just one ety and our prosperity and it is time we take f of the many ideals which have historically responsibility for solving this problem. bound us together. INTRODUCTION OF THE CYBER SE- I rise to support Congressman CALVERT's Greek-Americans have made such a enor- legislation that will ensure that law enforce- CURITY INFORMATION ACT OF mous contribution to American culture and ment officials are fully equipped with the re- 2000 American life. Today, Greek culture flourishes sources to battle this destructive drug. in AmericaÐin places like Detroit, Michigan Meth has become the drug of choice in Cali- HON. THOMAS M. DAVIS and elsewhere in the Great Lakes States. fornia and in my district. Worse, it is easy to OF VIRGINIA As a member of the Congressional Caucus manufacture and acquire. In fact, in Fiscal on Hellenic Issues, I want to take this oppor- IN THE HOUSE OF REPRESENTATIVES Year 1999, there were over 700 meth labs tunity to salute the Greek people on their his- Wednesday, April 12, 2000 seized in Riverside and San Bernardino coun- toric achievement. Greece is a dedicated U.S. ties alone at a cost of $1.3 million dollars to Mr. DAVIS of Virginia. Mr. Speaker, I am ally. taxpayers. pleased to rise today to introduce legislation I congratulate Greece for 179 years of inde- with my good friend and colleague from north- pendent rule and for a legacy that will last for- Many anti-government forces believe that ern Virginia, Representative JIM LORAN, that ever. My fellow colleagues, please join me in the war on drugs is a failure and that we should stop the fight. As a concerned parent, will facilitate the protection of our nation's crit- honoring Greek Independence Day. ical infrastructure from cyber threats. In the f I strongly believe that it is our responsibility to not run and hide, but rather to step up to the 104th Congress, we called upon the Adminis- HONORING THE LEXINGTON LIONS plate and increase our commitment to the war tration to study our nation's critical infrastruc- CLUB FOR 79 YEARS OF SERVICE against drugs. This legislation represents this ture vulnerabilities and to identify solutions to TO THE COMMUNITY continued commitment. address these vulnerabilities. The Administra- f tion has, through the President and partici- HON. ERNIE FLETCHER pating agencies, identified a number of steps HONORING TORRANCE CITY COUN- that must be taken in order to eliminate the OF KENTUCKY CIL MEMBERS HARVEY potential for significant damage to our critical IN THE HOUSE OF REPRESENTATIVES HORWICH, DON LEE, AND infrastructure. Foremost among these sugges- Wednesday, April 12, 2000 MAUREEN O’DONNELL tions is the need to ensure coordination be- Mr. FLETCHER. Mr. Speaker, I acknowl- tween the public and private sector represent- edge the accomplishments of an outstanding HON. STEVEN T. KUYKENDALL atives of critical infrastructure. The bill I am in- organization within the community of Lex- OF CALIFORNIA troducing today is the first step in encouraging ington, Kentucky. With a motto of ``We Serve'', IN THE HOUSE OF REPRESENTATIVES private sector cooperation and participation the Lexington Lions Club has been serving with the government to accomplish this objec- folks in the Lexington community for the past Wednesday, April 12, 2000 tive. 79 years. Mr. KUYKENDALL. Mr. Speaker, I rise The critical infrastructure of the United Its members always give freely of their time today to honor three distinguished individuals States is largely owned and operated by the and labor to serve our nation, our state and from the City of Torrance, Council members private sector. Critical infrastructures are those local community. Their dedication to the ideals Harvey Horwich, Don Lee, and Maureen systems that are essential to the minimum op- of service and high standards promotes good O'Donnell. Today they are being honored for erations of the economy and government. Our citizenship and the welfare of our neighbor- their service to the community as their tenure critical infrastructure is comprised of the finan- hoods. The members of the Lexington Lions on the City Council comes to an end. cial services, telecommunications, information have worked tirelessly to produce positive All three individuals have exhibited a strong technology, transportation, water systems, change and as a result, their efforts have commitment to the local community. They emergency services, electric power, gas and helped many over the years. have extensively volunteered their time for the oil sectors in private industry as well as our

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.013 pfrm03 PsN: E12PT1 E546 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2000 National Defense, and Law Enforcement and were inoperable, and hospitals had difficulty the formulation of proposals to eliminate these International Security sectors within the gov- reaching doctors on call and emergency work- vulnerabilities without increasing government ernment. Traditionally, these sectors operated ers. It even impeded the ability of consumers regulation, or expanding unfunded federal largely independently of one another and co- to use credit cards to pay for their gas at the mandates on the private sector. ordinated with government to protect them- pump. PDD±63 calls upon the government to put in selves against threats posed by traditional Moreover, recent studies have dem- place a critical infrastructure proposal that will warfare. Today, these sectors must learn how onstrated that the incidence of cyber security allow for three tasks to be accomplished by to protect themselves against unconventional threats to both the government and the private 2003: threats such as terrorist attacks, and cyber at- sector are only increasing. According to an (1) The Federal Government must be able tack. These sectors must also recognize the October 1999 report issued by the General to perform essential national security missions vulnerabilities they may face because of the Accounting Office (GAO), the number of re- and to ensure the general public health and tremendous technological progress we have ported computer security incidents handled by safety; made. As we learned when planning for the Carnegie-Mellon University's CERT Coordina- (2) State and local governments must be challenges presented by the Year 2000 roll- tion Center has increased from 1,334 in 1993 able to maintain order and to deliver minimum over, many of our computer systems and net- to 4,398 during the first two quarters of 1999. essential public services; and works are now interconnected and commu- Additionally, the Computer Security Institute (3) The private sector must be able to en- nicate with many other systems. With the reported an increased in attacks for the third sure the orderly functioning of the economy many advances in information technology, year in a row based on responses to their an- and the delivery of essential telecommuni- many of our critical infrastructure sectors are nual survey on computer security. GAO has cations, energy, financial, and transportation linked to one another and face increased vul- done a number of reports that give Congress services. This legislation will allow the private nerability to cyber threats. Technology an accurate picture of the risk facing federal sector to meet this deadline. interconnectivity increases the risk that prob- agencies; they cannot track such information We will also ensure the ISACs can move lems affecting one system will also affect other for the private sector. We must rely on the pri- forward to accomplish their missions by devel- connected systems. Computer networks can vate sector to share its vulnerabilities with the oping the necessary technical expertise to es- provide pathways among systems to gain un- federal government so that all of our critical in- tablish baseline statistics and patterns within authorized access to data and operations from frastructures are protected. the various infrastructures, become a clearing- outside locations if they are not carefully mon- Today, I am introducing legislation that house for information within and among the itored and protected. gives critical infrastructure industries the as- various sectors, and provide a repository of A cyber threat could quickly shutdown any surances they need in order to confidently valuable information that may be used by the one of our critical infrastructures and poten- share information with the federal government. private sector. As technology continues to rap- tially cripple several sectors at one time. Na- As we learned with the Y2K model, govern- idly improve industry efficiency and operations, tions around the world, including the United ment and industry can work in partnership to so will the risks posed by vulnerabilities and States, are currently training their military and produce the best outcome for the American threats to our infrastructure. We must create a intelligence personnel to carry out cyber at- people. The President has called for the cre- framework that will allow our protective meas- tacks against other nations to quickly and effi- ation of Information Sharing and Analysis Cen- ures to adapt and be updated quickly. ciently cripple a nation's daily operations. ters (ISACs) for each critical infrastructure It is my hope that we will be able to move cyber attacks have moved beyond the mis- sector that will be headed by the appropriate forward quickly with this legislation and that chievous teenager and are being learned and federal agency or entity, and a member from Congress and the Administration can move used by terrorist organizations as the latest its private sector counterpart. For instance, the forward in partnership to provide industry and weapon in a nation's arsenal. In June 1998 Department of Treasury is running the first government with the tools for meeting this and February 1999, the Director of the Central ISAC for the financial services industry in part- challenge. A Congressional Research Service Intelligence Agency testified before Congress nership with Citigroup. Many in the private report on the ISAC proposal describes the in- that several nations recognize that cyber at- sector have expressed strong support for this formation sharing model one of the most cru- tacks against civilian computer systems rep- model but have also expressed concerns cial pieces for success in protecting our critical resent the most viable option for leveling the about voluntarily sharing information with the infrastructure, yet one of the hardest pieces to playing field in an armed crisis against the government and the unintended con- realize. With the introduction of the Cyber Se- United States. The Director also stated that sequences they could face for acting in good curity Information Act of 2000, we are remov- several terrorist organizations believed infor- faith. Specifically, there has been concern that ing the primary barrier to information sharing mation warfare to be a low cost opportunity to industry could potentially face antitrust viola- between government and industry. This is support their causes. Both Presidential Deci- tions for sharing information with other indus- landmark legislation that will be replicated sion Directive 63 (PDD±63) issued in May try partners, have their shared information be around the globe by other nations as they too 1998, and the President's National Plan for In- subject to the Freedom of Information Act, or try to address threats to their critical infrastruc- formation Systems Protection, Version 1.0 face potential liability concerns for information ture. issued in January 2000, call on the legislative shared in good faith. My bill will address all Mr. Speaker, I believe that the Cyber Secu- branch to build the necessary framework to three of these concerns. The Cyber Security rity Information Act of 2000 will help us ad- encourage information sharing to address Information Act also respects the privacy dress critical infrastructure cyber threats with cyber security threats to our nation's privately rights of consumers and critical infrastructure the same level of success we achieved in ad- held critical infrastructure. operators. Consumers and operators will have dressing the Year 2000 problem. With govern- Recently, we have learned the inconven- the confidence they need to know that infor- ment and industry cooperation, the seamless iences that may be caused by a cyber attack mation will be handled accurately, confiden- delivery of services and the protection or our or unforeseen circumstance. Earlier this year, tially, and reliably. nation's economy and well-being will continue many of our most popular sites such as The Cyber Security Information Act of 2000 without interruption just as the delivery of serv- Yahoo, eBay and Amazon.com were shut- is closely modeled after the successful Year ices continued on January 1, 2000. down for several hours at a time over several 2000 Information and Readiness Disclosure f days by a team of hackers interested in dem- Act by providing a limited FOIA exemption, onstrating their capability to disrupt service. civil litigation protection for shared information, COMMEMORATING THE DAY OF While we may have found the shutdown of and an antitrust exemption for information HONOR 2000 FOR AMERICA’S MI- these sites temporarily inconvenient, they po- shared within an ISAC. These three protec- NORITY VETERANS OF WORLD tentially cost those companies significant tions have been previously cited by the Ad- WAR II amounts of lost revenue, and it is not too dif- ministration as necessary legislative remedies ficult to imagine what would have occurred if in Version 1.0 of the National Plan and PDD± HON. LANE EVANS the attacks had been focused on our utilities, 63. This legislation will enable the ISACs to OF ILLINOIS or emergency services industries. We, as a move forward without fear from industry so IN THE HOUSE OF REPRESENTATIVES society, have grown increasingly dependent that government and industry may enjoy the on our infrastructure providers. I am sure mutually cooperative partnership called for in Wednesday, April 12, 2000 many of you recall when PanAmSat's Galaxy PDD±63. This will also allow us to get a timely Mr. EVANS. Mr. Speaker, I join with many IV satellite's on-board controller lost service. and accurate assessment of the vulnerabilities of my colleagues today to honor and give An estimated 80 to 90% of our nation's pagers of each sector to cyber attacks and allow for thanks to America's minority veteransÐthe

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.018 pfrm03 PsN: E12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E547 soldiers, the sailors, the men and women of But no tribute to the courage and dedication conference report on the Energy Policy and the Air Force, and, of course, my fellow Ma- of America's minority veterans should stop Conservation Act. rines. More of the world is free today than with 1945. Having fought for their country, f ever before, thanks in no small part to their these diverse and courageous men and valor and sacrifice half a century ago. women could no longer be contained by the ENERGY POLICY AND CONSERVA- The twentieth century began with much of brutal rules they had known as children. they TION ACT REAUTHORIZATION the globe dominated by militaristic empires. In were also the footsoldiers and leaders of the the First World War, our armed forces were civil rights movements that followed World SPEECH OF the lever that pried these colonial empires War II. They went home and took on careers HON. J.C. WATTS, JR. apart. and bought homes, set up businesses, en- In their ruin, the hideous forces of totali- tered the professions and all the walks of life OF OKLAHOMA tarianism grew to great power, threatening to that had been barely imaginable for them be- IN THE HOUSE OF REPRESENTATIVES engulf us all. In the dark hour, American GIs fore the war. They had defended democracy Tuesday, April 11, 2000 of every color, of every national origin and as servicemembers and wanted nothing less Mr. WATTS of Oklahoma. Mr. Speaker, I creed, left the safety of their homes and than full participation in the democratic institu- am in strong support of H.R. 2884, the Stra- began the struggle of the century. In World tions they had preserved. tegic Petroleum Reserve Reauthorization. This War II, American forces joined with freedom- I am proud to honor our nation's brave mi- loving people from Europe, Africa and Asia to important legislation takes the necessary steps nority veterans. I salute them and thank them defeat the AxisÐthat misspent laboratory for to address the current policy of reliance on for a job well done. human cruelty. foreign oil which is threatening our national se- The cost was extraordinarily high. Over one f curity. and one-half million minority Americans gave ENERGY POLICY AND CONSERVA- I would like to share with you an important their lives to this cause. Some 1.2 million were TION REAUTHORIZATION quote. It's a quote from President Clinton. He African Americans, for whom racial slavery said, and I quote directly: was no hypothetical concept. Over 300,000 SPEECH OF ``I am today concurring with the Commerce were Hispanic Americans and another 50,000 Department's finding that the nation's growing were Asian Americans, willing to look past the HON. ROSA L. DeLAURO reliance on imports of crude oil and refined discrimination they endured toward a better OF CONNECTICUT petroleum products threaten the nation's secu- day that only democracy could bring. More IN THE HOUSE OF REPRESENTATIVES rity because they increase U.S. vulnerability to than 20,000 Native Americans died for this oil supply interruptions.'' country in World War II, along with more than Tuesday, April 11, 2000 That statement was made by the President 5,000 Native Hawaiians and over 3,000 Native Ms. DELAURO. Mr. Speaker, today the in 1994 when imported oil was less than 51% Alaskans. House of Representatives passed an impor- of American consumption. Here we are today, This week the House echoed the words of tant reauthorization bill, the Energy Policy and 6 years later, and not only have we not re- General Colin Powell, former Chairman of the Conservation Act. This bill does a number of duced that demand for foreign oil, not only Joints Chief of Staff, who wrote last year that important things including reauthorizing the have we not stabilized that demand, we have among those who best exemplified courage, Strategic Petroleum Reserve, but it does one actually increased that demand to over 56% of selflessness, exuberance, superhuman ability, thing in particular that is very important to our consumption. and amazing grace during the past 200 years Connecticut: it sets up a home heating oil re- Dependence on foreign oil is an ever-grow- was the American GI. serve for the Northeast based on legislation ing threat to America's security. President ``. . . In this century,'' General Powell said, Congressman BERNIE SANDERS introduced and Clinton stated that fact six years ago, but the ``hundreds of thousands of GIs died to bring to I cosponsored. facts also show the Clinton-Gore Administra- the beginning of the 21st century the victory of The bill calls on the federal government to tion has been AWOL when it comes to en- democracy as the ascendant political system create a 2 million barrel home heating oil re- couraging the development of the domestic of the face of the earth. The GIs were willing serve which could be released by the Presi- energy supply that would decrease our reli- to travel far away and give their lives, if nec- dent when oil prices rise rapidly, when there is ance on foreign product. essary, to secure the rights and freedoms of a disruption in supply or when there is a re- The legislation before us is a step in the others. Only a nation such as ours, based on gional crisis like the cold snap Connecticut right direction toward the development of our a firm moral foundation, could make such a and other Northeastern states faced last win- request of its citizens. And the GIs wanted domestic energy supply. This provision gives ter. This will help our region deal with uncer- nothing more than to get the job done and the Energy Secretary discretionary authority to then return home safely. All they asked for in tainties in the market and will stabilize oil purchase oil from domestic sources as op- repayment from those they freed was the op- prices in the future. posed to the current practice of only buying portunity to help them become part of the As we all remember this past winter, the av- foreign oil. H.R. 2884 authorizes, at the discre- world of democracy...Near the top of any erage price of home heating oil increased by tion of the Energy Secretary, the purchase of listing of the most important people of the 20th almost 50 percent in less than one month, and oil from these marginal ``stripper'' wells when- century must stand, in singular honor, the at its peak, the price of oil was double what ever the price of oil dips below $15 dollars per American GI.'' it has been the previous year. Many of my barrel. This is vital to the improvement of our The American GI who served during World constituents were in situations where they energy policy in the United States today. This War II came in many colors and represented could not afford to fill their tanks to heat their legislation also takes a major step in improv- many cultures. Those of us who grew up in homes. Some were choosing between eating ing the economic situation for the small, inde- my generation, and went on to serve in an- their meals or heating their homes. We cannot pendent producers in America, while, at the other dark time, have taken courage in the allow that to happen in the future. same time, strengthening our national security. stories of the Tuskeegee Airmen, the Nisei The creation of this home heating oil re- There are more than 6,000 independent soldiers in Italy, the Navajo code-talkers in the serve will prevent these disruptions and will producers nationwide, many working out of Pacific, the Hispanic fighters who head the roll provide more stability for my constituents who their homes with few employees. Yet they drill of the Medal of Honor and others. The diver- were forced to pay outrageously high prices to 85% of domestic oil and natural gas wells in sity of these heroic men and women, and their heat their homes, or worse, to make difficult America, contributing close to half of our na- determination to show what they could do, choices between paying bills for food, clothes, tion's domestic oil and gas output. was a source of their strength. It still is today. doctor visits and heating their homes. It would Mr. Speaker, we must develop a national In light of the accomplishments of the give the Northeast a tool in combating the energy policy that protects our security inter- Armed Forces of the United States during type of crisis we faced this winter, when low ests while, at the same time, improving the World War II both of defeating the forces of temperatures and high oil prices forced many production economy in America. The passage tyranny and dictatorship and in embodying a people into a situation where they were unable of H.R. 2884 will be an important step in that sense of honor, decency, and respect for to keep their homes warm for their families. It direction. I urge my colleagues in the House to mankind, I join in saluting our minority Amer- is imperative that the House and Senate retain join me in casting their vote in favor of this ican GIs. this provision when they meet to develop a very important legislation.

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.020 pfrm03 PsN: E12PT1 E548 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2000 PARTIAL-BIRTH ABORTION BAN MONMOUTH MEDICAL CENTER a director at American Express. Their four chil- ACT OF 2000 PRESENTS THE PINNACLE dren have presented Dr. and Mrs. Daniels 12 AWARDS grandchildren. Barry D. Elbaum, D.D.S. Since joining Mon- SPEECH OF HON. FRANK PALLONE, JR. mouth Medical Center's Medical and Dental Staff in 1996, Dr. Elbaum, an oral and maxillo- HON. SPENCER BACHUS OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES facial surgeon, has been a driving force in the OF ALABAMA growth of the Department of Dentistry. For the Wednesday, April 12, 2000 IN THE HOUSE OF REPRESENTATIVES past 11 years, Dr. Elbaum has served as de- Mr. PALLONE. Mr. Speaker, on Saturday, partment chairman. Under his leadership, the Wednesday, April 5, 2000 April 15, 2000, Monmouth Medical Center in number of dentists on the attending staff has Long Beach, NJ, will present the sixth bian- quadrupled to 80 dentists. Having established Mr. BACHUS. Mr. Speaker, when the Partial nual Physician Recognition Dinner and the his discipline as a major department that holds Birth Abortion Ban Act was before this body presentation of the Pinnacle Awards. The a permanent seat on the hospital's Medical last year, opponents accused proponents of event will be held at the Oyster Point Hotel in Executive Committee, Dr. Elbaum is credited the legislation of bad taste, of offensive con- Red Bank, NJ. with changing the attending staff's official duct. What was that offensive conduct? It was Mr. Speaker, these awards will be pre- name to the Medical and Dental Staff. The giving an admittedly accurate description of sented in recognition of six physicians whose dentists on the staff, under Dr. Elbaum's guid- the gruesome act by which a baby's body is contributions have helped to establish Mon- ance, provide instruction to four resident den- dismantled and mutilated and its young life mouth Medical Center as one of the foremost tists each year, providing hands-on training in painfully and unjustifiably ended. There is community teaching hospitals in New Jersey. one of the busiest facilities of its kind in the agreement. What a sorry spectacle. Unfortu- The six outstanding physician recipients of the state. He has also offered direction in bringing nately, ironically, there is no agreementÐno Pinnacle Award for 2000 have been leaders in the most advanced dental and oral tech- consensus on an even sorrier spectacle, an and achievers. Each has devoted a lifetime of niques. He has also helped to raise significant even greater outrage. That outrage is not a faithful service to Monmouth Medical Center, funds to establish the Samuel Elbaum Con- description of a partial birth abortion, it is the exemplifying the ideals and traditions of the tinuing Dental Education Program. He is also partial birth abortion itself. Imagine a society practice of medicine. More importantly, they in private practice at several locations in Mon- too humane and too caring to permit the dis- have devoted a lifetime of service to the care mouth County. cussion of such a heinous act, but one which and healing of innumerable grateful patients. Born in Poland, Dr. Elbaum is a Holocaust at the same time not only permits, but defends The Pinnacle Awards are presented on be- survivor who was 12 years old when he came this outrageous offense against humanity, lib- half of the entire household family, by author- to the United States in 1950. During his three- erty and justice. ity of the administration of Monmouth Medical month stay at Ellis Island, he mastered both Do not all of us have the compassion to Center and the Medical and Dental Staff. The the English language and table tennis, which agree that this should never happen to any recipients of the Pinnacle Awards are: he later won a championship in. He graduated human being? A violation of our God given Richard A. Daniels, M.D. Besides practicing from the New York University College of Den- dignity. Is not every partial birth abortion an of- medicine, Dr. Daniels has had another love for tistry in 1962. After a four-year residency at fense against humanity: does it not weaken the past 49 yearsÐteaching it. Although he of- Mount Sinai Hospital in New York, he estab- our conscience, harden our heart, and dull our ficially retired from his internal medicine prac- lished his practice in Asbury Park, NJ. He be- mind. I submit to you that every innocent life tice last year, he can still be seen on the pa- came chairman of the oral and maxillofacial taken by this procedure makes America less tient floors of Monmouth Medical Center, pro- surgery and dental implantology, Dr. Elbaum caring, less respectful of others, and leaves viding one-to-one instruction to medical school is a fell of the American and International behind only feelings of guilt. Each procedure students and medical residents. Dr. Daniels Sciences of oral and Maxillofacial Surgery and leaves scars that can last forever in our mem- has been actively involved in Monmouth's of the American Dental Society of Anesthesi- ory, in our hearts, and in our consciences. medical education program since the early ology. He is also a former board member of [We in America like to consider ourselves a 1960s. Throughout his career, he's placed a the Jewish Community Center and the United compassionate people. We pride ourselves on major focus on cardiology, serving as presi- Jewish Federation. wanting to protect the weak, to help those in dent of the Monmouth County Heart Associa- Dr. Elbaum's wife Libbie, a certified public need. But we refuse to acknowledge the suf- tion. Later, he combined that interest with geri- accountant, has been involved in the book- fering of a baby whose skull is cracked and atric medicine, becoming board certified in that keeping and financial activities of her hus- whose brain is sucked out. Yet this happens specialty. band's practice. Their son, Jeffrey Elbaum, at least 5,000 times each year in America. A 1955 graduate of the State University of D.D.S., and their daughter, Gayle Elbaum That means that every day 14 babies die hid- New York, Dr. Daniels completed his resi- Krost, D.D.S., have both followed in their fa- den from our view. Babies need our protec- dency in internal medicine at Mount Sinai Hos- ther's footsteps. Gayle's husband, Brian Krost, tion, our care, and our concern. We have pital, New York, serving as chief resident in D.M.D., is also a practicing dentist. Their other been elected to protect those who need our his final year of training. He then spent two daughter, Rochelle Matalon, has completed a help, to make a difference in the lives of oth- years in the military as chief of medicine at the master's degree in social work, and her hus- ers. I, for one, feel the weight of knowing that Air Force Hospital in Minot, ND. He joined band, Albert Matalon, M.D. is completing a fel- all of those babies suffer so much and so Monmouth's attending staff in 1961, and en- lowship at Columbia-Presbyterian Medical needlessly. We have the power to stop their tered into private practice the same year. Center. The Elbaum's, who live in Ocean suffering, and to end this barbaric procedure.] Since 1968, he has been an associate clinical Township, NJ, have nine grandchildren. professor at MCP Hahnamann School of Med- Carlos G. Garcia, M.D. In 1963, Dr. Garcia A mother's womb is where a baby should icine, the teaching affiliate of Monmouth Med- fled Cuba with his pregnant wife, young son feel safest, free from all harm and literally sur- ical Center. Dr. Daniels is a diplomat of the and sister-in-law. Thirteen years later, he rounded by love. Every partial birth abortion is American Board of Internal Medicine, a fellow opened a private practice in cardiology in a failure of love. Every partial birth abortion is of the American College of Physicians and the Long Branch, and has gone on to become one a failure of justice. And every partial birth American Society of Internal Medicine, and a of the most well respected cardiologists in the abortion is an unnecessary procedure. Not member of the Teachers of Family Practice region, having served as director of Cardiology only are these types of brutal degradations not and an associate of the American College of at Monmouth Medical Center for 15 years be- required, the AMA says they should never Cardiology. His research work has been pub- fore his retirement last year. happen in a medically advanced country like lished in the Annals of Internal Medicine, Dr. Garcia began his medical training in ours. American Journal of Medicine and New Jersey Cuba, where he also worked as an EKG tech- Let us all agree to go beyond partisan ways Medicine. nician for a cardiologist. The political unrest of thinking and consider what is really at Dr. Daniels and his wife Norma divide their and the intolerable social and political pres- stake: the life of an innocent, weak, and de- time between Long Beach and Vermont. They sures of the Castro communist dictatorship fenseless human being who needs our protec- have two sons, Steven and Jeffrey, both of compelled him to seek a better life in the U.S. tion. Does not justice and conscience and re- whom are doctorsÐas is one of their sons-in- After a brief stay in Miami, Dr. Garcia and his spect for life cry out for passage of this legis- laws. They also have two daughters, Cathy family moved to New York. He eventually lation? Zukerman, an architect, and Barrie Markowitz, found a job at Mount Sinai Hospital, and then

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.022 pfrm03 PsN: E12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E549 continued his studies in Spain. After earning provides much needed relief for the doctor dures to be performed on internal organs with- his medical degree, he returned to the U.S. to after he engages in two of his favorite activi- out the trauma of open surgery. continue his postgraduate education at Mon- ties, downhill skiing and racquetball. The For the past nine years, after spending a mouth Medical Center, where he completed Karasics have four childrenÐRobert, Shara, year as vice president of the Medical and an internship and residency in internal medi- Leslie and NealÐand two grandchildrenÐ Dental Staff, Dr. Sills has been chairman of cine. He entered private practice in 1970, the Zachary and Emily. the Department of Surgery and director of the same year he became a member of Mon- Albert A. Rienzo, M.D. The opening last general surgery residency program, which pro- mouth Medical Center's Medical and Dental year of the Cranmer Ambulatory Surgery Cen- vides training to resident physicians who plan Staff. Three years later, the Garcias became ter at the Monmouth Medical Center campus to enter the surgical field or to those who seek naturalized U.S. citizens. In 1984, Dr. Garcia last year marked the beginning of a new era surgery training for preparation to enter other was named acting director of Cardiology at in otolaryngology. For Dr. Rienzo, the center's medical specialties. In 1994, he guided a mul- Monmouth Medical, and he soon assumed debut marked the culmination of years of hard tidisciplinary medical team that earned Mon- that post in a permanent capacity. During his work to bring state-of-the-art surgical systems mouth the distinction of being the only hospital tenure, the Department made major strides, to the region, paving the way for him and his in New Jersey to participate in the Lung Vol- providing the full range of services to patients, colleagues to perform the latest procedures in ume Reduction Surgery study, which provides from the first signs of a heart attack through treating disorders of the ears, nose and throat. significant relief to emphysema patients. treatment, recovery and rehabilitation. One of The center is now performing three of the A 1967 graduate of Chicago Medical the highlights of his tenure was the 1996 most advanced procedures offered at any School, Dr. Sills completed a five-year resi- opening of the Cardiac Catheterization Lab- medical facility in the nation, employing high- dency program in general surgery at Albert oratory. tech equipment and techniques to achieve an Einstein College of Medicine in New York. He Dr. Garcia and his wife Josephine are long- unprecedented degree of precision, safety, received fellowship training in surgery from the time residents of West Long Branch, NJ. Their painlessness and non-invasiveness. National Institutes of Health before embarking daughter Maria is a registered nurse and lac- A member of Monmouth's Medical and Den- on cardiothoracic surgery training there and at tation consultant, and their son Carlos is presi- tal Staff for 25 years, Dr. Rienzo has served Montefiore Hospital in New York. After joining dent of a managed care brokerage. they have as section chief of Ear, Nose and Throat since Monmouth in 1968, he entered private practice five grandchildren. Dr. Garcia's brother, Juan 1980, participating in the many initiatives that five years later. Since 1975, he has been a Garcia, M.D., is also a practicing physician in have shaped this surgical specialty over the clinical associate professor of surgery at MCP the Central New Jersey area. The Garcias past two decades. Under his leadership, Hahnemann School of Medicine. He is a fel- have relatives in Miami and some in Cuba, otolaryngologists at Monmouth became the low of the American College of Surgeons and whom they hope to see soon. first in the region to perform endoscopic func- the American College of Chest Physicians. He H. Lawrence Karasic, M.D. During his 35 tional sinus surgery to treat chronic sinus dis- is also a member of the Society of Thoracic years with Monmouth Medical Center's De- ease. They also pioneered the removal of be- Surgeons, the American Society of Laser Sur- partment of Anesthesiology, Dr. Karasic has nign or malignant lesions from the larynx with gery, and other professional societies. witnessed much change among his ranks on minimally invasive techniques. During the Not content to have mastered one field, Dr. the surgical floor. The department has grown early 1990s, Dr. Rienzo established the De- Sills is an undergraduate student at Rutgers from a staff of four to 20 anesthesiologists, partment of Rehabilitation Services' Vocal Dy- University Mason Gross School of Fine Arts, many of whom completed their residency namics Laboratory. He also served as director and plans to seek his master of fine arts de- training at Monmouth Medical. Monitoring of Monmouth's cochlear implant program, gree there. His sculpture has been exhibited in equipment has become more sophisticated which was one of only three designated by the New Jersey and New York. Dr. Sills and his and anesthetic agents are more effective. The state to perform the surgical procedure, which wife Caryl, chairman of Monmouth University's surgeons they support are also becoming ever involves placing an electrical device in the English Department, live in Rumson, NJ. They more effective in saving lives, treating ill- inner ear of a profoundly deaf patient to re- have three sonsÐPeter, Keith and AdamÐ nesses and reducing recovery times. Through- store hearing. and two grandsonsÐLiam and Zachary. out those years, Dr. Karasic has remained A 1966 graduate of the University of Bolo- f committed to medical education, a dedication gna School of Medicine in Italy, Dr. Rienzo that was recognized when he received the completed his internship and surgical resi- IN SUPPORT OF THE ‘‘JENNIE 1999 Alumnus of the Year Award from MCP dency at Monmouth. He also served in the FUND’’ Hahnemann School of Medicine, which pro- military, serving for a year as director of the vides clinical training for more than 300 Hah- ENT clinic at the U.S. Army Hospital at Fort HON. GERALD D. KLECZKA nemann students each year. Since 1982, he Devens, MA. After continued training at the OF WISCONSIN has served as associate clinical professor of Newark Eye and Ear Infirmary, he returned to IN THE HOUSE OF REPRESENTATIVES anesthesiology at Hahnemann. Monmouth Medical Center in 1974, and also Wednesday, April 12, 2000 Dr. Karasic earned his medical degree from established private practice in Long Branch. Philadelphia-based medical school, where he He has been active in the medical education Mr. KLECZKA. Mr. Speaker, today I high- completed his internship and residency. He program, and is a clinical senior instructor at light this Saturday's Jennie Ramus Memorial spent two years in the military, as the head of MCP Hahnemann School of Medicine. Dr. Benefit to be held at Thomas More High anesthesiology at the U.S. Naval Hospital in Rienzo is a member of the American Academy School, in Milwaukee, WI. Jennie Ramus, the Guantanamo Bay, Cuba, before joining of Otolaryngology and the International Soci- daughter of Wayne and Theresa Ramus, was Monmouth's attending staff in 1965. He served ety of Otolaryngologists. a Thomas More senior whose life was cut as coordinator of medical education in anes- A resident of Rumson, NJ, Dr. Rienzo has short by a drunk driver in December of 1998. thesia and became instrumental in estab- three childrenÐAnthony, Caroline and The Jennie Fund, an initiative to create a lishing the hospital's fully accredited anesthe- Benedetta. His daughter Elsa died three years $100,000 endowment fund, was established in siology residency program in 1982. For the ago. He is one of six physicians in the Rienzo January 1999 at Thomas More High School to next four years, he filled a dual role as depart- family. provide scholarships for students seeking fi- ment chairman and residency program direc- Charles Sills, M.D. Dr. Sills has been at the nancial assistance and willing to take an ac- tor. Throughout his career, he has served on forefront of the high technology boom that tive role in the Students Against Destructive many clinical, educational and peer-related continues to revolutionize the field of surgery. Decisions (SADD) program and support com- committees of Monmouth Medical Center, Since joining the Medical and Dental Staff of munity awareness and prevention of drinking Hahnemann and the American Society of An- Monmouth Medical Center in 1968, Dr. Sills, a and driving, drug abuse and violence. Thanks esthesiologists. From 1993 to 1996, he was thoracic surgeon, has played a major role in to the support and generosity of many, the clinical director or anesthesia for O.R. oper- maintaining Monmouth's leadership position in fund has received over $80,000 to date. ations at Monmouth. He is a diplomat of the New Jersey for excellence in the field. During Saturday's event, sponsored by the Wis- American Board of Anesthesiology and a fel- the mid-1980s, Dr. Sills introduced laser sur- consin Polka Hall of Fame and Thomas More low of the American College of Anesthesiol- gery to Monmouth and Ocean counties as the High School, will begin with a Mass to be fol- ogists. first to perform endobronchial laser surgery. lowed by a community music festival, dancing, Dr. Karasic wife, Honey Karasic, owns and Since then, Monmouth Medical has been on SADD and Jennie Fund presentations. operates the Back Relief and Comfort Store in the cutting edge of bringing to the region mini- I commend the Jennie Fund and SADD for Oakhurst, NJ. Mrs. Karasic's business often mally invasive procedures, allowing for proce- their efforts and the Thomas More High

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12AP8.025 pfrm03 PsN: E12PT1 E550 CONGRESSIONAL RECORD — Extensions of Remarks April 12, 2000 School community for their financial contribu- giving him the inspiration to go to college and A TRIBUTE TO MRS. DORIS tions and prayers in memory of this once vi- enter the field of education. He was the first of SMALLWOOD brant former student. seven children in his family to attend college f and earn a degree. Dan's teaching career started in 1959 at Big HON. ROBERT A. BRADY IN HONOR OF THE WEST CARTER Foot High School, where he also coached the GIRLS BASKETBALL TEAM men's football, baseball and golf teams. Within OF PENNSYLVANIA ten years, he ascended to the position of Di- IN THE HOUSE OF REPRESENTATIVES HON. KEN LUCAS rector of Instruction for the Big Foot Area OF KENTUCKY Schools Association. In addition, he also Wednesday, April 12, 2000 served as the principal of Fontana High IN THE HOUSE OF REPRESENTATIVES Mr. BRADY of Pennsylvania. Mr. Speaker, I School. He concluded his four decades in Wednesday, April 12, 2000 rise to honor Doris Smallwood, a dedicated public education by serving two terms on the Mr. LUCAS of Kentucky. Mr. Speaker, today Big Foot School Board, including one term as teacher with 36 years of experience in the I congratulate some terrific young constituents president of the board. Philadelphia School System. Unfortunately for us, Mr. Speaker, this year marks the last in from Kentucky's Fourth District, the girl's bas- When asked what motivated his interest in ketball team at West Carter High School. education, Dan replied that it was his passion which she will be educating our children at the These small-town girls beat all the odds this for knowledge and children. Dan's commit- Hunter School. Her retirement at the end of season, bringing the state championship to ment to children and education serves as an this school year deserves recognition not only Olive Hill, Kentucky, for the first time since the inspiration to us all. He is truly a role model for the longevity which her career achieved, girls' team began at West Carter in 1974. It is for anyone seeking a career in teaching. I am but for the special impact she has had on the also the first Sweet Sixteen win for the 16th honored to recognize him for his contributions students and teachers she has encountered region of northeastern Kentucky as well. I in improving the lives and education of chil- over the years. As Mrs. Smallwood moves to hope that this will be only the first of many dren in Wisconsin's First Congressional Dis- the next chapter of her life, it is incumbent championships for this community. trict. upon us to reflect back and praise her for the The Lady Comets set a wonderful example In his retirement, Dan plans to continue his extraordinary service she has provided to our for young people all over Kentucky. Their hard volunteer work and spend more time with his community. work, dedication, and athleticism are evident, family. I wish Dan Misner and his family the Mrs. Smallwood has been called a ``teach- as are the many hours they spent in practice best of success and thank him for his dedi- er's teacher'' by her peers. As an exemplary to earn the state title. I would like to take this cated service to his community. instructor of the 3rd grade with a keen interest opportunity to enter their names into the f in math, it was not uncommon to find Mrs. RECORD: Leah Frasier, Shelsa Hamilton, Smallwood conducting math lessons for her Cassondra Glover, Jenise James, Mandy Ster- IN HONOR OF HERMAN SPERO fellow teachers after school. Her dedication to ling, Megen Gearhart, Cathy Day, Kandi mathematics resulted in the development of Brown, Shanna Shelton, Kayla Jones, Brooke assessment standards which ensured that Mullis, Nicki Burchett, Meghan Hillman, and HON. DENNIS J. KUCINICH Robin Butler. Kandi Brown was named the OF OHIO teachers were up to par in that field. Mrs. Tournament Most Valuable Player, and joining IN THE HOUSE OF REPRESENTATIVES Smallwood, in effect, raised the bar for quali- fications of teachers and did this solely out of her on the All-Tournament Team were Megen Wednesday, April 12, 2000 Gearhart and Mandy Sterling. her innate desire to better educate our youth. I also salute Head Coach John ``Hop'' Mr. KUCINICH. Mr. Speaker, today I honor Mrs. Smallwood prepared her students for Brown who worked so hard for these young Herman Spero, the Executive Producer of UP- the world to come not through rudimentary women, as well as the assistant coaches, Von BEAT an ``American Bandstand'' type tele- lesson plans, but through an engaging rela- Perry and Dana Smith. I also congratulate the vision show produced in Cleveland, OH. tionship that spanned beyond the classroom people of Olive Hill who have strongly sup- April 13, 2000 will be considered UPBEAT walls. When the technology boom occurred, it ported their team and so richly deserve this Day in Cleveland. On this day, the Rock and was Mrs. Smallwood who developed the grant honor. Roll Hall of Fame and Museum will be unveil- to provide a computer lab for the Hunter Mr. Speaker, this year's Sweet Sixteen set ing their third in a series of their Rock and Roll School. It is no wonder that it was also she a record for attendance. over 40,000 people Landmarks at WEWS TV, where UPBEAT who became Technology Specialist after earn- attended the four-day event, a record in the was taped every Saturday night from 1964± ing her certification in technology at the col- 1971. The show was syndicated in over one tournament's 39-year history. This bodes well lege level. Her proficiency in computers al- hundred cities and featured every major re- for women's athletics in Kentucky, and it is lowed for Internet training of Mentally Gifted cording artist from the rock, jazz, and the good news for our daughters and grand- students and for basic computer training of rhythm and blues world. UPBEAT featured the daughters as well. I am pleased to commend kids starting as early as kindergarten. Further- first ever TV appearance of Simon & these young women to the House of Rep- more, Mrs. Smallwood understood the impor- Garfunkle as well as the last appearance of resentatives, and I couldn't express better tant link between home and school. She has Otis Redding. Other famous acts appearing in than the words of one fan, who stated, been instrumental in the design and success UPBEAT included the Beatles and the Rolling ``They're just a super bunch of girls.'' of the Parent Partnership Program which pre- Stones. f pares both parent and child for the transition We all know that it takes an immense from home to the school community. HONORING DAN MISNER OF amount of passion, hard work and dedication WISCONSIN to make dreams come true. We are grateful to The citizens of Philadelphia will sorely miss Mr. Spero for having an overwhelming amount the heart-felt dedication that Mrs. Smallwood HON. PAUL RYAN of all three. He was instrumental to the suc- displayed during her tenure as a teacher with OF WISCONSIN cess of Rock and Roll and had a historical the Hunter School. She has defended the be- lief that all students can and will learn. She IN THE HOUSE OF REPRESENTATIVES role in its development. When the history of Rock and Roll is written, Herman Spero will has also proclaimed that the only barrier to Wednesday, April 12, 2000 have a fitting and appropriate mention. Her- success is indifference, something she has Mr. RYAN of Wisconsin. Mr. Speaker, today man Spero, through his unique combination of never allowed herself or those around her to I honor a true civic hero from Wisconsin's First vision, common touch, and entertainment flair, experience. She is a master teacher who has Congressional DistrictÐMr. Dan Misner. Dan is certainly deserving of this well-earned rec- perfected her craft yet continues to choose Misner retired last month after dedicating 40 ognition. learning as an avenue to life. She truly is, in years of his life to public education in I ask you, fellow colleagues, to join me in every essence of the word, a teacher. We can Walworth, Wisconsin. honoring a Cleveland legend, Herman Spero, only hope that others will emulate her commit- Dan Misner grew up near Beloit, Wisconsin. who has given the city yet another reason why ment to excellence and her pursuit for the He credits a dedicated high school teacher for it is the Rock and Roll Capitol of the World. educational advancement of all students.

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.026 pfrm03 PsN: E12PT1 April 12, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E551 SENATE COMMITTEE MEETINGS APRIL 26 for a more competitive electric power 10 a.m. industry; S. 1284, to amend the Federal Title IV of Senate Resolution 4, Appropriations Power Act to ensure that no State may agreed to by the Senate on February 4, Defense Subcommittee establish, maintain, or enforce on be- 1977, calls for establishment of a sys- To hold hearings on proposed budget es- half of any electric utility an exclusive right to sell electric energy or other- tem for a computerized schedule of all timates for fiscal year 2001 for the De- partment of Defense. wise unduly discriminate against any meetings and hearings of Senate com- SD–192 consumer who seeks to purchase elec- mittees, subcommittees, joint commit- Armed Services tric energy in interstate commerce tees, and committees of conference. Readiness and Management Support Sub- from any supplier; S. 1273, to amend committee the Federal Power Act, to facilitate This title requires all such committees the transition to more competitive and to notify the Office of the Senate Daily To hold hearings on proposed legislation authorizing fund for fiscal year 2001 for efficient electric power markets; S. Digest—designated by the Rules com- the Department of Defense and the Fu- 1369, to enhance the benefits of the na- mittee—of the time, place, and purpose ture Years Defense Program, focusing tional electric system by encouraging of the meetings, when scheduled, and on acquisition reform efforts, the ac- and supporting State programs for re- newable energy sources, universal elec- any cancellations or changes in the quisition workforce, logistics con- tracting and inventory management tric service, affordable electric service, meetings as they occur. practices, and the Defense Industrial and energy conservation and efficiency; As an additional procedure along Base. S. 2071, to benefit electricity con- sumers by promoting the reliability of with the computerization of this infor- SR–222 2:30 p.m. the bulk-power system; and S. 2098, to mation, the Office of the Senate Daily Energy and Natural Resources facilitate the transition to more com- Digest will prepare this information for Forests and Public Land Management Sub- petitive and efficient electric power printing in the Extensions of Remarks committee markets, and to ensure electric reli- To hold hearings on S. 2273, to establish ability. section of the CONGRESSIONAL RECORD SH–216 on Monday and Wednesday of each the Black Rock Desert-High Rock Can- yon Emigrant Trails National Con- week. servation Area; and S. 2048, to establish SEPTEMBER 26 Meetings scheduled for Thursday, the San Rafael Western Legacy Dis- 9:30 a.m. Veterans’ Affairs April 13, 2000 may be found in the Daily trict in the State of Utah. SD–366 To hold joint hearings with the House Digest of today’s RECORD. Committee on Veterans’ Affairs on the APRIL 27 Legislative recommendation of the MEETINGS SCHEDULED 9:30 a.m. American Legion. Agriculture, Nutrition, and Forestry 345 Cannon Building APRIL 25 To hold hearings on pending legislation on agriculture concentration of owner- POSTPONEMENTS 2:30 p.m. ship and competitive issues. Energy and Natural Resources SR–328A Water and Power Subcommittee Energy and Natural Resources APRIL 19 To hold hearings on S. 2239, to authorize To resume hearings on S. 282, to provide 9:30 a.m. the Bureau of Reclamation to provide that no electric utility shall be re- Indian Affairs cost sharing for the endangered fish re- quired to enter into a new contract or Business meeting to consider pending covery implementation programs for obligation to purchase or to sell elec- calendar business; to be followed by the Upper Colorado River and San Juan tricity or capacity under section 210 of hearings on S. 611, to provide for ad- River basins. the Public Utility Regulatory Policies ministrative procedures to extend Fed- SD–366 Act of 1978; S. 516, to benefit consumers eral recognition to certain Indian by promoting competition in the elec- groups. tric power industry; S. 1047, to provide SR–485

VerDate 202000 06:16 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A12AP8.030 pfrm03 PsN: E12PT1 Wednesday, April 12, 2000 Daily Digest Senate H.R. 1615, to amend the Wild and Scenic Rivers Chamber Action Act to extend the designation of a portion of the Routine Proceedings, pages S2553–S2646 Lamprey River in New Hampshire as a recreational Measures Introduced: Thirteen bills and five reso- river to include an additional river segment. (S. lutions were introduced, as follows: S. 2403–2415, Rept. No. 106–269) and S. Res. 286–290. Pages S2616±17 H.R. 3063, to amend the Mineral Leasing Act to increase the maximum acreage of Federal leases for Measures Reported: Reports were made as follows: sodium that may be held by an entity in any one S. 2, to extend programs and activities under the State. (S. Rept. No. 106–270) Elementary and Secondary Education Act of 1965, H.J. Res. 86, recognizing the 50th anniversary of with an amendment in the nature of a substitute. (S. the Korean War and the service by members of the Rept. No. 106–261) Armed Forces during such war. S. 1705, to direct the Secretary of the Interior to H. Con. Res. 269, commending the Library of enter into land exchanges to acquire from the private Congress and its staff for 200 years of outstanding owner and to convey to the State of Idaho approxi- service to the Congress and the Nation and encour- mately 1,240 acres of land near the City of Rocks aging the American public to participate in bicen- National Reserve, Idaho. (S. Rept. No. 106–262) tennial activities. Pages S2615±16 S. 1727, to authorize for the expansion annex of Measures Passed: the historic Palace of the Governors, a public history museum located, and relating to the history of His- Worker Economic Opportunity Act: By a unani- panic and Native American culture, in the Southwest mous vote of 95 yeas (Vote No. 81), Senate passed and for other purposes, with amendments. (S. Rept. S. 2323, to amend the Fair Labor Standards Act of No. 106–263) 1938 to clarify the treatment of stock options under S. 1797, to amend the Alaska Native Claims Set- the Act. Pages S2575±86 tlement Act, to provide for a land conveyance to the National Peace Officer’s Memorial Service: Com- City of Craig, Alaska, with an amendment in the na- mittee on Rules and Administration was discharged ture of a substitute. (S. Rept. No. 106–264) from further consideration of H. Con. Res. 278, au- S. 1836, to extend the deadline for commence- thorizing the use of the Capitol Grounds for the ment of construction of a hydroelectric project in the 19th annual National Peace Officers’ Memorial Serv- State of Alabama. (S. Rept. No. 106–265) ice, and the resolution was then agreed to. S. 1849, to designate segments and tributaries of Page S2645 White Clay Creek, Delaware and Pennsylvania, as a Library of Congress 200th Birthday Celebration: component of the National Wild and Scenic Rivers Committee on Rules and Administration was dis- System, with an amendment in the nature of a sub- charged from further consideration of H. Con. Res. stitute. (S. Rept. No. 106–266) 279, authorizing the use of the Capitol Grounds for S. 1892, to authorize the acquisition of the Valles the 200th birthday celebration of the Library of Caldera, to provide for an effective land and wildlife Congress, and the resolution was then agreed to. management program for this resource within the Page S2645 Department of Agriculture, with an amendment in Center for the Performing Arts Performances: the nature of a substitute. (S. Rept. No. 106–267) Committee on Rules and Administration was dis- S. 1910, to amend the Act establishing Women’s charged from further consideration of H. Con. Res. Rights National Historical Park to permit the Sec- 281, authorizing the use of the East Front of the retary of the Interior to acquire title in fee simple Capitol Grounds for performances sponsored by the to the Hunt House located in Waterloo, New York, John F. Kennedy Center for the Performing Arts, with amendments. (S. Rept. No. 106–268) and the resolution was then agreed to. Page S2645 D358

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Senate Chamber Photograph: Senate agreed to S. Authority for Committees: Page S2644 Res. 288, authorizing the taking of a photograph in Additional Statements: Pages S2612±14 the Chamber of the United States Senate. Page S2644 Pages S2644±45 Privileges of the Floor: Smithsonian Institution Appointment: Com- Record Votes: One record vote was taken today. mittee on Rules and Administration was discharged (Total–81) Page S2586 from further consideration of S.J. Res. 40, providing Adjournment: Senate convened at 9:30 a.m., and for the appointment of Alan G. Spoon as a citizen adjourned at 6:48 p.m., until 10:30 a.m., on Thurs- regent of the Board of Regents of the Smithsonian day, April 13, 2000. (For Senate’s program, see the Institution, and the measure was then passed. remarks of the Acting Majority Leader in today’s Page S2645 Record on pages S2645–46.) Smithsonian Institution Appointment: Com- mittee on Rules and Administration was discharged Committee Meetings from further consideration of S.J. Res. 41, providing for the appointment of Sheila E. Widnall as a citizen (Committees not listed did not meet) regent of the Board of Regents of the Smithsonian Institution, and the measure was then passed. APPROPRIATIONS—MISSILE DEFENSE Page S2645 Committee on Appropriations: Subcommittee on Defense Smithsonian Institution Appointment: Com- concluded hearings on proposed budget estimates for mittee on Rules and Administration was discharged fiscal year 2001 for the Department of Defense, fo- from further consideration of S.J. Res. 42, providing cusing on missile defense programs, after receiving for the reappointment of Manuel L. Ibanez as a cit- testimony from Lt. Gen. Ronald T. Kadish, USAF, izen regent of the Board of Regents of the Smithso- Director, Office of External Affairs, Ballistic Missile nian Institution, and the measure was then passed. Defense Organization, Department of Defense. Page S2645 APPROPRIATIONS—INDEPENDENT Marriage Tax Penalty Relief Act: Senate continued AGENCIES consideration of H.R. 6, to amend the Internal Rev- Committee on Appropriations: Subcommittee on VA, enue Code of 1986 to eliminate the marriage penalty HUD, and Independent Agencies concluded hearings by providing that the income tax rate bracket on proposed budget estimates for fiscal year 2001 for amounts, and the amount of the standard deduction, Independent Agencies, after receiving testimony in for joint returns shall be twice the amounts applica- behalf of funds for their respective activities from ble to unmarried individuals, taking action on the Harris Wofford, Chief Executive Officer, and Luise following amendment proposed thereto: S. Jordan, Inspector General, both of the Corporation Pages S2587±88, S2590±S2600 for National and Community Service; Ellen Lazar, Pending: Director, and Maurice Jones, Deputy Director for Lott (for Roth) Amendment No. 3090, in the na- Policy and Programs, both of the Community Devel- ture of a substitute. Page S2587 opment Financial Institutions; and Andrea Kidd A unanimous-consent agreement was reached pro- Taylor, Board Member, Chemical Safety and Haz- viding that the Senate proceed to vote on the cloture ardous Investigations Board. Testimony was also re- motion on Amendment No. 3090 (listed above), at ceived from Karyn L. Molnar, KPMG, Washington, 2 p.m. on Thursday, April 13, 2000. Page S2645 D.C., on behalf of the Corporation for National and Messages From the House: Page S2614 Community Service. Measures Referred: Page S2614 INSURANCE AGENT LICENSING REFORMS Measures Read First Time: Page S2614 Committee on Banking, Housing, and Urban Affairs: Communications: Pages S2614±15 Subcommittee on Securities concluded oversight Petitions: Page S2615 hearings on multi-state insurance agent licensing re- forms and the creation of the National Association Executive Reports of Committees: Page S2616 of Registered Agents and Brokers, after receiving Statements on Introduced Bills: Pages S2617±36 testimony from Terri M. Vaughan, Des Moines, Additional Cosponsors: Pages S2636±37 Iowa, on behalf of the National Association of Insur- ance Commissioners; Clare Farragher, New Jersey Amendments Submitted: Pages S2640±44 General Assembly, Trenton, on behalf of the Na- Notices of Hearings: Page S2644 tional Conference of Insurance Legislators; Robert A.

VerDate 20-MAR-2000 06:21 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP0.REC pfrm04 PsN: D12AP0 D360 CONGRESSIONAL RECORD — DAILY DIGEST April 12, 2000 Gleason, Jr., Gleason Agency, Johnstown, Pennsyl- CASPIAN SEA ENERGY RESOURCES vania, on behalf of the Council of Insurance Agents Committee on Foreign Relations: Subcommittee on and Brokers; and Ronald A. Smith, Smith, Sawyer, International Economic Policy, Export and Trade and Smith, Inc., Rochester, Indiana, on behalf of the Promotion concluded hearings on the status of infra- Independent Insurance Agents of America. structure projects for Caspian Sea energy resources, focusing on offshore drilling, natural gas reserves, INTERNET TAXATION the Turkish market, and oil reserve development, Committee on Commerce, Science, and Transportation: after receiving testimony from John S. Wolf, Special Committee concluded hearings on S. 2255, to amend Adviser to the President and Secretary of State for the Internet Tax Freedom Act to extend the morato- Caspian Basin Energy Diplomacy; David L. rium through calendar year 2006, after receiving tes- Goldwyn, Assistant Secretary of Energy for Inter- timony from Representative Cox; Utah Governor Mi- national Affairs; Ralph Alexander, BP Amoco Cor- chael Leavitt, Salt Lake City, on behalf of the Na- poration, London, England; and J. Robinson West, tional Governors’ Association and the Advisory Com- Petroleum Finance Company, and Martha Brill mission on Electronic Commerce; John Berthoud, Olcott, Carnegie Endowment for International Peace, National Taxpayers Union, Alexandria, Virginia; both of Washington, D.C. Donald Bruce, University of Tennessee Center for Business and Economic Research, Knoxville; David WASSENAAR ARRANGEMENT AND Bullington, Wal-Mart Stores, Inc., Bentonville, Ar- MULTILATERAL EXPORT kansas; Burr Morse, Morse Farm Sugar Works, Committee on Governmental Affairs: Committee con- Montpelier, Vermont; and Jonathan Zittrain, Har- cluded hearings to examine the Wassenaar arrange- vard University Law School Berkman Center for ment, a multilateral export control regime for con- Internet and Society, Cambridge, Massachusetts. ventional arms and sensitive dual-use goods and technologies, and the future of multilateral export COLUMBIA RIVER HYDROPOWER controls, after receiving testimony from John D. OPERATIONS Holum, Senior Adviser for Arms Control and Inter- Committee on Energy and Natural Resources: Sub- national Security, Department of State; William A. committee on Water and Power concluded oversight Reinsch, Under Secretary of Commerce for Export hearings to examine federal actions affecting hydro- Administration; and Stephen J. Hadley, former As- power operations on the Columbia River system, sistant Secretary of Defense for International Security after receiving testimony from Brig. Gen. Carl A. Policy, Frank J. Gaffney, Jr., Center for Security Pol- Strock, USA, Division Engineer, Northwestern Divi- icy, and Henry D. Sokolski, Nonproliferation Policy sion, Army Corps of Engineers; Stephen J. Wright, Education Center, all of Washington, D.C. Senior Vice President, Corporate, Bonneville Power Administration, Department of Energy; William BUSINESS MEETING Stelle, Jr., Regional Administrator, National Marine Committee on the Judiciary: Committee ordered favor- Fisheries Service, Northwest Region, National Oce- ably reported the following business items: anic and Atmospheric Administration, Department H.J. Res. 86, recognizing the 50th anniversary of of Commerce; and J. William McDonald, Regional the Korean War and the service by members of the Director, Pacific Northwest Region, Bureau of Rec- Armed Forces during such war; lamation, Department of the Interior. H. Con. Res. 269, commending the Library of Congress and its staff for 200 years of outstanding RUSSIAN PRESIDENTIAL ELECTIONS service to the Congress and the Nation and encour- Committee on Foreign Relations: Subcommittee on Eu- aging the American public to participate in bicen- ropean Affairs held hearings to examine issues deal- tennial activities; and ing with the Russian presidential elections, receiving The nominations of Richard C. Tallman, of Wash- testimony from Steven R. Sestanovich, Ambassador ington, to be United States Circuit Judge for the at Large and Special Advisor to the Secretary of State Ninth Circuit; John Antoon II, to be United States for the New Independent States; and Zbigniew District Judge for the Middle District of Florida; Brzezinski, Center for Strategic and International Marianne O. Battani, to be United States District Studies, former National Security Advisor, and Judge for the Eastern District of Michigan; David Thomas E. Graham, Jr. and Michael A. McFaul, M. Lawson, to be United States District Judge for both of the Carnegie Endowment for International the Eastern District of Michigan; and Mark Reid Peace, all of Washington, D.C. Tucker, to be United States Marshal for the Eastern Hearings recessed subject to call. District of North Carolina.

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ALLEGED CHINESE ESPIONAGE Montana, and Alan D. Solomont, of Massachusetts, Committee on the Judiciary: Subcommittee on Admin- each to be a Member of the Board of Directors of istrative Oversight and the Courts resumed hearings the Corporation for National and Community Serv- on alleged Chinese espionage issues, focusing on the ice. plea-bargain agreement reached in the case of Peter Lee, receiving testimony from John C. Keeney, Prin- CAMPAIGN FINANCE REFORM cipal Deputy Assistant Attorney General, Michael Committee on Rules and Administration: Committee Liebman, Line Attorney, and John Dion, Acting concluded hearings on campaign finance reform pro- Chief, Internal Security Section, all of the Criminal posals, focusing on compelled political speech, First Division, Department of Justice. Amendment protection, and federal labor law inter- Hearings recessed subject to call. pretations, after receiving testimony from Laurence BUSINESS MEETING E. Gold, AFL–CIO, Joan Claybrook, Public Citizen, and David S. Fortney, all of Washington, D.C.; Leo Committee on Health, Education, Labor, and Pensions: Troy, Rutgers University, Newark, New Jersey; Committee ordered favorably reported the following Kenneth F. Boehm, National Legal and Policy Cen- business items: ter, McLean, Virginia; and Robert P. Hunter, Mack- S. 2311, to revise and extend the Ryan White inac Center for Public Policy, Midland, Michigan. CARE Act programs under title XXVI of the Public Health Service Act, to improve access to health care and the quality of health care under such programs, INDIAN AFFAIRS MANAGEMENT REFORM and to provide for the development of increased ca- Committee on Indian Affairs: Committee concluded pacity to provide health care and related support oversight hearings on the report of the National services to individuals and families with HIV dis- Academy of Public Administration on the Depart- ease, with an amendment in the nature of a sub- ment of the Interior’s Bureau of Indian Affairs man- stitute; agement reform, after receiving testimony from S. 2366, to amend the Public Health Service Act Royce Hanson, Panel Chair and Academy Fellow, to revise and extend provisions relating to the Organ National Academy of Public Administration; Kevin Procurement Transplantation Network with an Gover, Assistant Secretary of the Interior for Indian amendment in the nature of a substitute; and Affairs; W. Ron Allen, Jamestown S’Klallam Tribe, The nominations of Mel Carnahan and Scott O. Sequim, Washington, on behalf of the National Con- Wright, both of Missouri, each to be a Member of gress of American Indians; Eddie F. Brown, Wash- the Board of Trustees of the Harry S Truman Schol- ington University George Warren Brown School of arship Foundation, Nathan O. Hatch, of Indiana, to Social Work/Kathryn M. Buder Center for American be a Member of the National Council on the Hu- Indian Studies, St. Louis, Missouri; and John L. manities, Edward B. Montgomery, of Maryland, to O’Donnell, Jr., Law Offices of John L. O’Donnell, be Deputy Secretary of Labor, and Marc Racicot, of Los Angeles, California. h House of Representatives H. Res. 473, providing for consideration of H.R. Chamber Action 4199, to terminate the Internal Revenue Code of Bills Introduced: 20 public bills, H.R. 4245–4264; 1986 (H. Rept. 106–576); and 6 resolutions, H.J. Res. 98, H. Con. Res. Conference report on H. Con. Res. 290, estab- 303–306, and H. Res. 476, were introduced. lishing the congressional budget for the United Pages H2238±39 States Government for fiscal year 2001, revising the Reports Filed: Reports were filed today as follows: congressional budget for the United States Govern- H. Res. 472, providing for consideration of H.R. ment for fiscal year 2000, and setting forth appro- 3439, to prohibit the Federal Communications Com- priate budgetary levels for each of fiscal years 2002 through 2005 (H. Rept. 106–577). mission from establishing rules authorizing the oper- H. Res. 474, waiving points of order against the ation of new, low power FM radio stations (H. Rept. conference report to accompany H. Con. Res. 290, 106–575); establishing the congressional budget for the United States Government for fiscal year 2001, revising the

VerDate 20-MAR-2000 06:21 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP0.REC pfrm04 PsN: D12AP0 D362 CONGRESSIONAL RECORD — DAILY DIGEST April 12, 2000 congressional budget for the United States Govern- Agreed to the Traficant amendment that encour- ment for fiscal year 2000, and setting forth appro- ages the purchase of American-made products and priate budgetary levels for each of fiscal years 2002 requires a report on expenditures on foreign-made through 2005 (H. Rept. 106–578); and items within 180 days of the purchase. Page H2163 H. Res. 475, providing for consideration of H.R. H. Res. 470, the rule that provided for consider- 3615, to amend the Rural Electrification Act of ation of the bill was agreed to by voice vote. 1936 to ensure improved access to the signals of Pages H2148±49 local television stations by multichannel video pro- Suspension—Strategic Petroleum Reserve: The viders to all households which desire such service in unserved and underserved rural areas by December House agreed to suspend the rules and pass H.R. 31, 2006 (H. Rept. 106–579). 2884, to extend energy conservation programs under the Energy Policy and Conservation Act through fis- Pages H2206±36, H2237±38 cal year 2003 by a yea and nay vote of 416 yeas to Speaker Pro Tempore: Read a letter from the 8 nays, Roll No. 122. The motion was debated on Speaker wherein he designated Representative Tuesday, March 11. Pages H2164±65 LaTourette to act as Speaker pro tempore for today. Page H2125 Spring District Work Period: The House agreed to H. Con. Res. 303, providing for the adjournment Guest Chaplain: The prayer was offered by the of the House of Representatives and a conditional guest Chaplain, Rev. Chip Lingle of Savannah, Geor- adjournment or recess of the Senate. Page H2165 gia. Page H2125 Tax Limitation Constitutional Amendment: The Recess: The House recessed at 9:05 p.m. and recon- House failed to pass H.J. Res. 94, proposing an vened at 9:48 p.m. Page H2206 amendment to the Constitution of the United States Recess: The House recessed at 9:49 p.m. and recon- with respect to tax limitations. By a yea and nay vened at 10:55 p.m. Page H2236 vote of: 234 yeas to 192 nays, with 2/3 required for Amendments: Amendments ordered pursuant to passage, Roll No. 119. Pages H2131±47 the rule appear on page H2240. H. Res. 471, the rule that provided for consider- ation of the bill was agreed to by voice vote. Quorum Calls—Votes: Four yea and nay votes de- Pages H2128±31 veloped during the proceedings of the House today and appear on pages H2146–47, H2163–64, Clean Lakes Program: The House passed H.R. H2164, and H2165. There were no quorum calls. 2328, to amend the Federal Water Pollution Control Act to reauthorize the Clean Lakes Program by a yea Adjournment: The House met at 10:00 a.m. and and nay vote of 420 yeas to 5 nays, Roll No. 120. adjourned at 10:56 p.m. Pages H2149±56, H2163±64 Agreed to the Committee amendment in the na- ture of a substitute made in order by the rule. Committee Meetings Page H2156 Agreed to the Traficant amendment that encour- FEDERAL FARM POLICY ages the purchase of American-made products and Committee on Agriculture: Held a hearing on Review requires a report on expenditures on foreign-made of federal farm policy. Testimony was heard from items within 180 days of the purchase. public witnesses. Pages H2155±56 Withdrawn: COMMERCE, JUSTICE, STATE AND Stupak amendment was offered, but subsequently JUDICIARY APPROPRIATIONS withdrawn, that sought to prohibit the sale of fresh Committee on Appropriations: Subcommittee on Com- water from the Great Lakes. Pages H2153±55 merce, Justice, State, and Judiciary held a hearing on H. Res. 468, the rule that provided for consider- the Report of Overseas Presence Advisory Panel. Tes- ation of the bill was agreed to by voice vote. timony was heard from Ambassador Felix G. Pages H2147±48 Rohatyn, U.S. Ambassador to France; and the fol- Chesapeake Bay Restoration Act: The House lowing members of the Overseas Presence Advisory passed H.R. 3039, to amend the Federal Water Pol- Panel, Department of State: Lewis Kaden, Chairman; lution Control Act to assist in the restoration of the former Ambassador Langhorne Motley, and Adm. Chesapeake Bay by a yea and nay vote of 418 yeas William J. Crowe, Jr., USN (Ret.). to 7 nays, Roll No. 121. Pages H2156±63, H2164

VerDate 20-MAR-2000 06:21 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP0.REC pfrm04 PsN: D12AP0 April 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D363 LABOR-HHS-EDUCATION The Committee also continued markup of H.R. APPROPRIATIONS 4141, Education Opportunities To Protect and In- Committee on Appropriations: Subcommittee on Labor, vest In Our Nation’s Students (Education OP- Health and Human Services, and Education contin- TIONS) Act. ued appropriations hearings. Testimony was heard Will continue tomorrow. from Members of Congress. FEHBP DEMONSTRATION PROJECT VA, HUD, AND INDEPENDENT AGENCIES Committee on Government Reform: Subcommittee on APPROPRIATIONS Civil Service held a hearing on ‘‘The Failure of the Committee on Appropriations: FEHBP Demonstration Project: Another Broken Subcommittee on VA, Promise?’’ Testimony was heard from Representa- HUD and Independent Agencies continued appro- tives Cunningham, Moran of Virginia, and Nor- priations hearings. Testimony was heard from public wood; William E. Flynn, Director, Retirement and witnesses. Insurance Programs, OMB; Rear Adm. Thomas F. AMERICA’S PRIVATE INVESTMENT Carrato, USN, U.S. Public Health Service, Director, COMPANIES ACT; NEW MARKETS Military Health Systems Operations, Tricare Man- INITIATIVE ACT agement Activity, Department of Defense; and pub- Committee on Banking and Financial Services: Ordered lic witnesses. reported, as amended, the following bills: H.R. HAITI—EMERGING DRUG THREAT 2764, America’s Private Investment Companies Act; Committee on Government Reform: Subcommittee on and H.R. 2848, New Markets Initiative Act of Criminal Justice, Drug Policy and Human Resources 1999. held a hearing on the Emerging Drug Threat from MISCELLANEOUS MEASURES Haiti. Testimony was heard from Ambassador Don Steinberg, Special Haiti Coordinator, Department of Committee on Commerce: Subcommittee on Energy and State; the following officials of the Department of Power approved for full Committee action the fol- Justice: Carl Alexandre, Director, Overseas Prosecu- lowing measures: H.R. 3383, amended, to amend torial Development Assistance and Training, Crimi- the Atomic Energy Act of 1954 to remove separate nal Division; and Michael Vigil, Senior Agent in treatment or exemption for nuclear safety violations Charge, Miami, DEA; John Varrone, Acting Deputy by nonprofit institutions; H.R. 3906, amended, to Assistant Commissioner, Office of Investigations, ensure that the Department of Energy has appro- U.S. Customs Service, Department of the Treasury; priate mechanisms to independently assess the effec- Rear Adm. Ed. J. Barrett, USCG, Director, Joint tiveness of its policy and site performance in the Interagency Task Force East, Department of Trans- areas of safeguards and security and cyber security; portation; and a public witness. H.R. 3852, to extend the deadline for commence- ment of construction of a hydroelectric project in the PROPOSED COMMISSION FOR THE State of Alabama; S. 1236, amended, to extend the COMPREHENSIVE STUDY OF PRIVACY deadline under the Federal Power Act for commence- PROTECTION ment of the construction of the Arrowrock Dam Hy- Committee on Government Reform: Subcommittee on droelectric Project in the State of Idaho; and a meas- Government Management, Information, and Tech- ure to ensure that the Secretary of Energy may con- nology held a hearing on ‘‘Legislative Hearing to Es- tinue to exercise certain authorities under the Price- tablish the Commission for the Comprehensive Study Anderson Act through the Assistant Secretary of En- of Privacy Protection’’. Testimony was heard from ergy for Environment, Safety, and Health. public witnesses. The Subcommittee failed to approve for full Com- mittee consideration H.R. 623, to amend the Energy ‘‘REINVENTING PAPERWORK?: THE Policy and Conservation Act to eliminate certain CLINTON-GORE ADMINISTRATION’S regulation of plumbing supplies. RECORD ON PAPERWORK REDUCTION’’ Committee on Government Reform: Subcommittee on MISCELLANEOUS MEASURES National Economic Growth, Natural Resources, and Committee on Education and the Workforce, Ordered re- Regulatory Affairs held a hearing on ‘‘Reinventing ported the following bills: H.R. 4055, IDEA Full Paperwork?: The Clinton-Gore Administration’s Funding Act of 2000; and H.R. 3629, to amend the Record on Paperwork Reduction’’. Testimony was Higher Education Act of 1965 to improve the pro- heard from Charles O. Rossotti, Commissioner, IRS, gram for American Indian Tribal Colleges and Uni- Department of the Treasury; John T. Spotila, Ad- versities under part A of title III. ministrator, Office of Information and Regulatory

VerDate 20-MAR-2000 06:21 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP0.REC pfrm04 PsN: D12AP0 D364 CONGRESSIONAL RECORD — DAILY DIGEST April 12, 2000 Affairs, OMB; Nancy Kingsbury, Acting Assistant TECHNOLOGY WORKER TEMPORARY Comptroller General, General Government Division, RELIEF ACT GAO; Morton Rosenberg, Specialist in American Committee on the Judiciary: Subcommittee on Immi- Law, Congressional Research Service, Library of Con- gration and Claims approved for full Committee ac- gress; and public witnesses. tion, as amended, H.R. 4227, Technology Worker U.S.-EUROPEAN UNION RELATIONS Temporary Relief Act. Committee on International Relations: Held a hearing on United States-European Union Relations: The View OVERSIGHT from the European Parliament. Testimony was heard Committee on Resources: Held an oversight hearing on via video conference from the following Members of Compromising our National Security by Restricting the European Parliament: Mel Read, Chairperson, Domestic Exploration and Development of our Oil Karla Peijs, Vice Chairman, both with the Delega- and Gas Resources. Testimony was heard from Rep- tion for Relations with the U.S.; Elmar Brok, Chair- resentatives DeLay, Gekas, Largent and Fosella; man, Foreign Affairs, Human Rights, And Common David J. Hayes, Deputy Secretary, Department of Security and Defense Policy; and Carlos Wesendorp the Interior; Bob Gee, Assistant Secretary, Fossil En- y Cabeza, Chairman, Committee on Industry, Exter- ergy, Department of Energy; and public witnesses. nal Trade, Research and Energy. MISCELLANEOUS MEASURES DATE CERTAIN TAX CODE REPLACEMENT ACT Committee on International Relations: Subcommittee on Africa approved for full Committee action the fol- Committee on Rules: Granted, by voice vote, a closed lowing measures: H. Res. 449, congratulating the rule providing 1 hour of debate on H.R. 4199, Date people of Senegal on the success of the multi-party Certain Tax Code Replacement Act. The rule pro- electoral process; and H.R. 3879, amended, Sierra vides that the bill shall be considered as read and Leone Peace Support Act. that the text of H.R. 4230 be considered as adopted. Finally, the rule provides one motion to recommit DEMOCRACY IN THE CENTRAL ASIAN with or without instructions. Testimony was heard REPUBLICS from Representatives Portman and Largent. Committee on International Relations: Subcommittee on Asia and the Pacific and the Subcommittee on Inter- RADIO BROADCASTING PRESERVATION national Operations and Human Rights held a joint ACT hearing on Democracy in the Central Asian Repub- lics. Testimony was heard from Donald Pressley, As- Committee on Rules: Granted, by voice vote, an open sistant Administrator, Bureau for Europe and Eur- rule providing 1 hour of debate on H.R. 3439, asia, AID, Department of State; Paul Goble, Director Radio Broadcasting Preservation Act of 2000. The of Communications, Radio Free Europe/Radio Lib- rule makes in order the Committee on Commerce erty, USIA; and public witnesses. amendment in the nature of a substitute, now print- ed in the bill, as an original bill for the purpose of SOUTH VIETNAM—HUMAN RIGHTS amendment. The rule waives clause 7 of rules XVI VIOLATIONS AND POLITICAL OPPRESSION (prohibiting nongermane amendments) against the Committee on International Relations: Subcommittee on committee amendment in the nature of a substitute. Asia and the Pacific approved for full Committee ac- The rule provides that the amendment in the nature tion, as amended, H. Con. Res. 295, relating to con- of a substitute shall be open for amendment at any tinuing human rights violations and political oppres- point. The rule authorizes the Chair to accord pri- sion in the Socialist Republic of Vietnam 25 years ority in recognition to Members who have pre-print- after the fall of South Vietnam to Communist forces. ed their amendments in the Congressional Record. OVERSIGHT The rule allows the Chairman of the Committee of the Whole to postpone votes during consideration of Committee on the Judiciary: Held an oversight hearing the bill and to reduce voting time to five minutes on the Antitrust Enforcement Agencies: the Bureau on a postponed question if the vote follows a fifteen of Competition of the FTC and the Antitrust Divi- minute vote. Finally, the rule provides one motion sion of the Department of Justice. Testimony was to recommit with or without instructions. Testimony heard from Robert Pitofsky, Chairman, FTC; Joel was heard from Representatives Tauzin, Oxley, Din- Klein, Assistant Attorney General, Antitrust Divi- sion, Department of Justice; and public witnesses. gell, Rush and Barrett of Wisconsin.

VerDate 20-MAR-2000 06:21 Apr 13, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D12AP0.REC pfrm04 PsN: D12AP0 April 12, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D365 CONFERENCE REPORT—CONCURRENT erating Officer, U.S. Fire Administration, FEMA; BUDGET RESOLUTION Robert A. McGuire, Deputy Associate Adminis- Committee on Rules: Granted, by voice vote, a rule trator, Hazardous Materials Safety, Research and Spe- waiving all points of order against the conference re- cial Programs Administration, Department of Trans- port on H. Con. Res. 290, establishing the congres- portation; and public witnesses. sional budget for the United States Government for GREAT LAKES SEDIMENT REMEDIATION fiscal year 2001, revising the congressional budget Committee on Transportation and Infrastructure: Sub- for the United States Government for fiscal year committee on Water Resources and Environment 2000, and setting forth appropriate budgetary levels held a hearing on H.R. 3670, to amend the Federal for each of fiscal years 2002 through 2005 and Water Pollution Control Act to reauthorize the against its consideration. The rule provides that the Great Lakes program. Testimony was heard from conference report be considered as read. The rule Charles Fox, Assistant Administrator, Office of provides one hour of debate equally divided and con- Water, EPA; Michael L. Davis, Deputy Assistant trolled between the chairman and ranking minority Secretary (Civil Works), Department of the Army; member of the Committee on the Budget. H. Con. and public witnesses. Res. 290, establishing the congressional budget for the United States Government for fiscal year 2001, VA HEALTH CARE WORKFORCE revising the congressional budget for the United Committee on Veterans’ Affairs: Subcommittee on States Government for fiscal year 2000, and setting Health held a hearing on status of recruitment, re- forth appropriate budgetary levels for each of fiscal tention and compensation of the VA health care years 2002 through 2005. Testimony was heard from workforce including nurses, physicians and dentists. Chairman Kasich. Testimony was heard from Kenneth J. Clark, Chief RURAL LOCAL BROADCAST SIGNAL ACT Network Officer, Department of Veterans Affairs. Committee on Rules: Granted, by voice vote, a closed FUNDAMENTAL TAX REFORM rule on H.R. 3615, Rural Local Broadcast Signal Act Committee on Ways and Means: Continued hearings on providing one hour of debate in the House equally fundamental tax reform. Testimony was heard from divided among and controlled by the chairmen and Representatives English, Armey, Tauzin and Trafi- ranking minority members of the Committees on cant; and public witnesses. Agriculture and Commerce. The rule provides that, Hearings continue tomorrow. in lieu of the amendments recommended by the NSA LEGAL AUTHORITIES Committees on Agriculture and Commerce, the amendment in the nature of a substitute printed in Permanent Select Committee on Intelligence: Held a hear- the report of the Committee on Rules accompanying ing on NSA Legal Authorities. Testimony was heard the resolution shall be considered as adopted. Fi- from Representative Barr of Georgia, George J. nally, the rule provides one motion to recommit Tenet, Director, CIA, and Lt. Gen. Michael V. Hay- with or without instructions.. Testimony was heard den, USAF, Director, National Security Agency, De- from Representative Goodlatte. partment of Defense. NASA’S MARS PROGRAM Joint Meetings Committee on Science: Held a hearing on NASA’s Mars IMF/WORLD BANK REFORM Program After the Young Report. Testimony was Joint Economic Committee: Committee concluded heard from public witnesses. hearings to examine issues relating to reform of the FIRE GRANTS International Monetary Fund and the World Bank, Committee on Transportation and Infrastructure: Sub- after receiving testimony from Allan H. Meltzer, committee on Oversight, Investigations, and Emer- Carnegie Mellon University, Pittsburgh, Pennsyl- gency Management held a hearing on Fire Grants: vania, Charles Calomiris, Columbia University, New H.R. 1168, Firefighter Investment and Response En- York, New York, Adam Lerrick, Lerrick and Com- hancement (FIRE) Act; and H.R. 3155, Firefighter’s pany, Inc, Barrytown, New York, and Jerome Local-Federal Assistance for Management of Emer- Levinson, American University, Washington, D.C., gencies Act; and the Administration’s Proposal for all on behalf of the International Financial Institu- Assistance to Firemen. Testimony was heard from tion Advisory Committee. Senators DeWine and Dodd; Representatives 2000 BUDGET Pascrell, Weldon of Pennsylvania, Gekas, Smith of Conferees: On Tuesday, April 11, met to resolve Michigan and Hoyer; Kenneth O. Burris, Chief Op- the differences between the Senate and House passed

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Res. 290, establishing the con- benefits of the national electric system by encouraging gressional budget for the United States Government and supporting State programs for renewable energy for fiscal year 2001, revising the congressional budg- sources, universal electric service, affordable electric serv- et for the United States Government for fiscal year ice, and energy conservation and efficiency; S. 2071, to 2000, and setting forth appropriate budgetary levels benefit electricity consumers by promoting the reliability for each of fiscal years 2002 through 2005, but did of the bulk-power system; and S. 2098, to facilitate the not complete action thereon, and recessed subject to transition to more competitive and efficient electric power markets, and to ensure electric reliability, 9:30 a.m., call. SH–216. f Committee on Environment and Public Works: business COMMITTEE MEETINGS FOR THURSDAY, meeting to consider the nomination of Edward APRIL 13, 2000 McGaffigan, Jr., of Virginia, to be a Member of the Nu- clear Regulatory Commission; S. 522, to amend the Fed- (Committee meetings are open unless otherwise indicated) eral Water Pollution Control Act to improve the quality Senate of beaches and coastal recreation water; H.R. 999, to amend the Federal Water Pollution Control Act to im- Committee on Appropriations: Subcommittee on VA, prove the quality of coastal recreation waters; S. 2370, to HUD, and Independent Agencies, to hold hearings on designate the Federal Building located at 500 Pearl Street proposed budget estimates for fiscal year 2001 for the in New York City, New York, as the ‘‘Daniel Patrick National Aeronautics and Space Administration, 9:30 Moynihan United States Courthouse’’; H.R. 2412, to des- a.m., SD–138. ignate the Federal building and United States courthouse Subcommittee on Labor, Health and Human Services, located at 1300 South Harrison Street in Fort Wayne, In- and Education, to hold hearings to examine the National diana, as the ‘‘E. Ross Adair Federal Building and United Reading Panel report, 10 a.m., SD–124. States Courthouse’’; and S. 2297, to reauthorize the Subcommittee on Foreign Operations, to hold hearings Water Resources Research Act of 1984, 9:15 a.m., on proposed budget estimates for fiscal year 2001 for For- SD–406. eign Operations, 10:30 a.m., SD–192. Committee on Foreign Relations: business meeting to con- Subcommittee on Treasury and General Government, sider pending calendar business, 2:30 p.m., SD–419. to hold hearings to examine certain Internal Revenue Committee on Health, Education, Labor, and Pensions: to Service reform issues, 2:30 p.m., SD–192. hold hearings to examine issues dealing with protecting Committee on Armed Services: to hold hearings to examine pension assets, 10 a.m., SD–430. the Department of Defense anthrax vaccine immunization Committee on the Judiciary: business meeting to consider program, 10 a.m., SR–222. H.R. 2260, to amend the Controlled Substances Act to Committee on Banking, Housing, and Urban Affairs: to promote pain management and palliative care without hold hearings on the structure of securities markets, 10 permitting assisted suicide and euthanasia; S. 1854, to re- a.m., SD–106. form the Hart-Scott-Rodino Antitrust Improvements Act Committee on Commerce, Science, and Transportation: busi- of 1976; S. 2058, to extend filing deadlines for applica- ness meeting to consider pending calendar business, 9:30 tions for adjustment of status of certain Cuban, Nica- a.m., SR–253. raguan, and Haitian nationals; and S. 2367, to amend the Full Committee, to hold hearings on S. 1361, to Immigration and Nationality Act to make improvements amend the Earthquake Hazards Reduction Act of 1977 to to, and permanently authorize, the visa waiver pilot pro- provide for an expanded Federal program of hazard miti- gram under the Act, 9:30 a.m., SD–226. gation, relief, and insurance against the risk of cata- Subcommittee on Immigration, to hold hearings on the strophic natural disasters, such as hurricanes, earthquakes, proposed Mother Teresa Religious Worker Act, 2 p.m., and volcanic eruptions, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: to resume SD–226. hearings on S. 282, to provide that no electric utility House shall be required to enter into a new contract or obliga- tion to purchase or to sell electricity or capacity under Committee on Agriculture, Subcommittee on Livestock section 210 of the Public Utility Regulatory Policies Act and Horticulture, hearing and markup of H.R. 2962, of 1978; S. 516, to benefit consumers by promoting com- Hass Avocado Promotion, Research, and Information Act; petition in the electric power industry; S. 1047, to pro- and to mark up H.R. 1275, to amend the Animal Wel- vide for a more competitive electric power industry; S. fare Act to prohibit the interstate movement of live birds 1284, to amend the Federal Power Act to ensure that no for the purpose of having the birds participate in animal State may establish, maintain, or enforce on behalf of any fighting, 10 a.m., 1300 Longworth. electric utility an exclusive right to sell electric energy or Committee on Appropriations, Subcommittee on Foreign otherwise unduly discriminate against any consumer who Operations, Export Financing, and Related Programs, on seeks to purchase electric energy in interstate commerce Secretary of the Treasury, 10 a.m., 2359 Rayburn. from any supplier; S. 1273, to amend the Federal Power Subcommittee on Labor, Health and Human Services, Act, to facilitate the transition to more competitive and and Education, on SSA, and U.S. Institute of Peace, 10 efficient electric power markets; S. 1369, to enhance the a.m., 2358 Rayburn.

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Subcommittee on VA, HUD and Independent Agen- Subcommittee on International Operations and Human cies, on public witnesses, 9 a.m., and 1 p.m., H–143 Rights, hearing on Children’s Rights in Cuba, 2 p.m., Capitol. 2172 Rayburn. Committee on Armed Services, Special Oversight Panel on Committee on the Judiciary, Subcommittee on the Con- Merchant Marine, to consider recommendations to the stitution, to consider authorizing the issuance of a Sub- committee on H.R. 4205, National Defense Authoriza- poena Duces Tecum to the Attorney General, 10 a.m., tion Act for Fiscal Year 2001, 1 p.m., 2216 Rayburn. 2141 Rayburn. Special Oversight Panel on Morale, Welfare and Recre- Subcommittee on Immigration and Claims, hearing on ation, to consider recommendations to the committee on H.R. 3485, Justice for Victims of Terrorism Act; 1:30 H.R. 4205, National Defense Authorization Act for Fiscal p.m., 2226 Rayburn. Year 2001, 2 p.m., 2212 Rayburn. Committee on Resources, hearing on the following bills: Committee on the Budget, Housing and Infrastructure H.R. 755, Guam War Restitution Act; and H.R. 2462, Task Force, hearing on Abuse of the NTSB Rapidraft Guam Omnibus Opportunities Act, 2 p.m., 1324 Long- Payment System, 10 a.m., Cannon. worth. Committee on Commerce, Subcommittee on Health and Subcommittee on Fisheries Conservation, Wildlife and Environment, to mark up H.R. 3301, Children’s Health Oceans, hearing on H.R. 3535, Shark Finning Prohibi- Research and Prevention Amendments of 1999, 10 a.m., tion Act, 11 a.m., 1334 Longworth. 2123 Rayburn. Subcommittee on National Parks and Public Lands, to Subcommittee on Oversight and Investigations, hearing mark up the following bills: H.R. 2773, Wekiva Wild to review U.S. Enrichment Corporation privatization and and Scenic River Act; H.R. 2950, Oregon Land Exchange its impact on the domestic uranium industry, 2:30 p.m., Act; H.R. 2778, Taunton River Wild and Scenic River 2322 Rayburn. Study Act of 1999; H.R. 3084, to authorize the Secretary Subcommittee on Telecommunications, Trade, and of the Interior to contribute funds for the establishment Consumer Protection, hearing on the following bills: of an interpretive center on the life and contributions of H.R. 3525, Religious Broadcasting Freedom Act; and President Abraham Lincoln; H.R. 3241, to direct the Sec- H.R. 4201, Noncommercial Broadcasting Freedom of Ex- retary of the Interior to recalculate the franchise fee owed pression Act of 2000, 12:45 p.m., 2322 Rayburn. by Fort Sumter Tours Inc., a concessioner providing serv- Committee on Education and the Workforce, to continue ice to Fort Sumter National Monument in South Caro- markup of H.R. 4141, Education Opportunities To Pro- lina; and H.R. 3676, Santa Rosa and San Jacino Moun- tect and Invest In Our Nation’s Students (Education OP- tains National Monument Act of 2000, 10 a.m., 1324 TIONS) Act, 10:30 a.m., 2175 Rayburn. Committee on International Relations, to mark up the fol- Longworth. lowing measures: H. Res. 464, expressing the sense of Committee on Science, Subcommittee on Technology, Congress on international recognition of Israel’s Magen hearing on Wireless Internet Technology, 10 a.m., 2318 David Adom Society and its symbol the Red Shield of Rayburn. David; H. Res. 449, congratulating the people of Senegal Committee on Small Business, Subcommittee on Regu- on the success of the multi-party electoral process; H.R. latory Reform and Paperwork Reduction, hearing on 4228, Congressional Oversight of Nuclear Transfers to OSHA’s Proposed Ergonomics Standard and its Impact on North Korea Act; H. Con. Res. 230, expressing the Small Business, 10:15 a.m., 2360 Rayburn. strong opposition of Congress to the continued egregious Committee on Veterans’ Affairs, Subcommittee on Bene- violations of human rights and the lack of progress to- fits, hearing on VA adjudication of Hepatitis C claims, ward the establishment of democracy and the rule of law and the following bills: H.R. 1020, Veterans’ Hepatitis in Belarus and calling on President Alexander Lukashenka C Benefits Act; H.R. 3816, to amend title 38, United to engage in negotiations with the representatives of the States Code, to provide that a stroke or heart attack that opposition and to restore the constitutional rights of the is incurred or aggravated by a member of a reserve com- Belarusian people; H.R. 4022, Russian Anti-Ship Missile ponent in the performance of duty while performing inac- Nonproliferation Act; H.R. 3879, Sierra Leone Peace Sup- tive duty training shall be considered to be service-con- port Act; H.R. 3680, to amend the National Defense Au- nected for purposes of benefits under laws administered thorization Act for Fiscal Year 1998 with respect to the by the Secretary of Veterans Affairs; H.R. 3998, Veterans’ adjustment of composite theoretical performance levels of Special Monthly Compensation Gender Equity Act; and high performance computers; H. Con. Res. 295, relating H.R. 4131, Veterans’ Compensation Cost-of-Living Ad- to continuing human rights violations and political op- justment Act, 10 a.m., 334 Cannon. pression in the Socialist Republic of Vietnam 25 years Committee on Ways and Means, to continue hearings on after the fall of South Vietnam to Communist forces; H. fundamental tax reform, 10:30 a.m., 1100 Longworth. Con. Res. 251, commending the Republic of Croatia for Permanent Select Committee on Intelligence: executive, hear- the conduct of its parliamentary and presidential elec- ing on Building Capabilities: The Challenges of Man- tions; H.R. 4053, United States-Southeastern Europe De- aging Intelligence Community Personnel Resources, 1 mocratization and Burdensharing Act; and the Cross-Bor- p.m., H–405 Capitol. der Cooperation and Environmental Safety in Northern Europe Act, 10 a.m., 2172 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, April 13 10 a.m., Thursday, April 13

Senate Chamber House Chamber Program for Thursday: After the recognition of six Sen- Program for Wednesday: Consideration of the Con- ators for speeches, and the transaction of any morning ference Report on H. Con. Res. 290, Congressional Budg- business (not to extend beyond 12:30 p.m.), Senate will et Resolution for Fiscal Year 2001 (rule waiving points continue in morning business for debate with regard to of order, one hour of debate); H.R. 6, Marriage Tax Penalty Relief Act. Consideration of H.R. 4199, Date Certain Tax Code At 2 p.m., Senate will vote on the motion to close fur- Replacement Act (closed rule, one hour of debate); ther debate on pending Amendment No. 3090 to H.R. Consideration of H.R. 3439, Radio Broadcasting Pres- 6 (listed above). Also, Senate expects to consider the con- ervation Act (open rule, one hour of debate); and ference report on H. Con. Res. 290, Congressional Budg- Consideration of H.R. 3615, Rural Local Broadcast et Resolution. Signal Act (closed rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Fletcher, Ernie, Ky., E543, E545 McInnis, Scott, Colo., E541, E542 Franks, Bob, N.J., E544 Myrick, Sue Wilkins, N.C., E543 Bachus, Spencer, Ala., E548 Kleczka, Gerald D., Wisc., E549 Pallone, Frank, Jr., N.J., E548 Bono, Mary, Calif., E545 Klink, Ron, Pa., E542, E543 Roukema, Marge, N.J., E542, E543 Brady, Robert A., Pa., E550 Kucinich, Dennis J., Ohio, E550 Ryan, Paul, Wisc., E550 Chenoweth, Helen, Idaho, E544 Kuykendall, Steven T., Calif., E545 Skelton, Ike, Mo., E541, E542, E544 Davis, Thomas M., Va., E545 LaFalce, John J., N.Y., E541 Stabenow, Debbie, Mich., E545 DeLauro, Rosa L., Conn., E547 Lucas, Ken, Ky., E550 Watts, J.C., Jr., Okla., E547 Evans, Lane, Ill., E546 McCarthy, Carolyn, N.Y., E544

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