HOUSE of REPRESENTATIVES—Monday, November 8, 1999

28884 CONGRESSIONAL RECORD—HOUSE November 8, 1999 HOUSE OF REPRESENTATIVES—Monday, November 8, 1999

The House met at 12:30 p.m. and was TER, Mr. THURMOND, and Mr. ROCKE- for some to comprehend, it made per- called to order by the Speaker pro tem- FELLER, to be the conferees on the part fect sense to me as I traveled through pore (Mrs. BIGGERT). of the Senate. the beautiful New Jersey countryside. f The message also announced that the Citizens of this State are under no il- Senate has passed bills of the following lusions when it comes to the challenge DESIGNATION OF SPEAKER PRO titles in which concurrence of the they face in preserving their livability. TEMPORE House is requested: It was my privilege to hear those chal- The SPEAKER pro tempore laid be- S. 791. An Act to amend the Small Business lenges discussed at great length while fore the House the following commu- Act with respect to the women’s business participating in a forum sponsored by nication from the Speaker: center program. Rutgers University and The Courier S. 1346. An Act to ensure the independence WASHINGTON, DC, Times newspaper on the future of November 8, 1999. and nonpartisan operation of the Office of South Jersey. Advocacy of the Small Business Administra- I hereby appoint the Honorable JUDY The session took place in Camden, tion. BIGGERT to act as Speaker pro tempore on literally in the shadows of the City of this day. S. 1418. An Act to provide for the holding of court at Natchez, Mississippi, in the same Philadelphia, and it clearly illustrated J. DENNIS HASTERT, the problems and opportunities for Speaker of the House of Representatives. manner as court is held at Vicksburg, Mis- sissippi, and for other purposes. their region. Issues of racial relations f S. 1769. An Act to continue the reporting and poverty intersected with redevel- MESSAGE FROM THE SENATE requirements of section 2519 of title 18, opment opportunities, affordable hous- United States Code, beyond December 21, ing with its rich history. A message from the Senate by Ms. 1999, and for other purposes. Several hundred citizens spent their McDevitt, one of its clerks, announced f day focusing on how to craft a vision that the Senate had passed without MORNING HOUR DEBATES for their community and how to imple- amendment a joint Resolution of the ment it into action. It was truly inspi- House of the following title: The SPEAKER pro tempore. Pursu- rational. I look forward to following H.J. Res. 54. Joint resolution granting the ant to the order of the House of Janu- their progress in their continuing ef- consent of Congress to the Missouri-Ne- ary 19, 1999, the Chair will now recog- fort to shape and put in place their vi- braska Boundary Compact. nize Members from lists submitted by sion for South Jersey. The message also announced that the the majority and minority leaders for Later that day I had the opportunity Senate had passed with amendments in morning hour debates. The Chair will to participate in a series of forums or- which the concurrence of the House is alternate recognition between the par- ganized by our colleague the gentleman requested, bills of the House of the fol- ties, with each party limited to 30 min- from New Jersey (Mr. HOLT). Mon- lowing titles: utes, and each Member, except the ma- mouth County, which is a large part of H.R. 1654. An act to authorize appropria- jority leader, the minority leader, or his district, will likely receive at least tions for the National Aeronautics and Space the minority whip, limited to 5 min- 10 percent of the million new people Administration for fiscal years 2000, 2001, and utes. who are expected to be added to New 2002, and for other purposes. The Chair recognizes the gentleman H.R. 2116. An act to amend title 38, United Jersey’s population over the next 20 from Oregon (Mr. BLUMENAUER) for 5 States Code, to establish a program of ex- years, over 100,000 people. tended care services for veterans and to minutes. The conversation, here again, along make other improvements in health care f with the depth of the commitment, was programs of the Department of Veterans Af- inspirational. The gentleman from New fairs. LIVABLE COMMUNITIES Jersey (Mr. HOLT) and his staff had or- The message also announced that the MOVEMENT ganized visits with several hundred Senate insists upon its amendment to Mr. BLUMENAUER. Madam Speaker, people at four different meetings. They the bill (H.R. 1654) ‘‘An Act to author- last week we discussed on the floor of were willing to spend a significant ize appropriations for the National this Chamber the impact that the liv- amount of their time on a gorgeous fall Aeronautics and Space Administration able communities movement will have afternoon to talk indoors about the fu- for fiscal year 2000, 2001, and 2002, and on the 1999 elections, as well as the ture of their communities. for other purposes,’’ requests a con- year 2000. People understood that it was not ference with the House on the dis- It was clearly a critical factor in the just enough for New Jersey to be home agreeing votes of the two Houses there- elections held just last week. It was my to the Pines Barrens and have laws on on, and appoints Mr. MCCAIN, Mr. STE- privilege this weekend to visit with the books. There must actually be a VENS, Mr. FRIST, Mr. HOLLINGS, and Mr. hundreds of people in New Jersey commitment to protect and enhance BREAUX, to be the conferees on the part which confirmed this realization that the million acres of this unique treas- of the Senate. such will be the case in the year 2000, ure, which some argue is the most sig- The message also announced that the as well. nificant resource of its kind east of the Senate insists upon its amendments to New Jersey, Madam Speaker, is the Mississippi River. the bill (H.R. 2116) ‘‘An Act to amend most densely populated of our States, People understood that it was not title 38, United States Code, to estab- over 8 million people in such a tiny enough for New Jersey’s 566 munici- lish a program of extended care serv- area. I learned that part of New Jersey palities to merely be planned and ices for veterans and to make other im- in the 12th Congressional District, rep- zoned. Those efforts must be reinforced provements in health care programs of resented by our colleague the gen- and related to their other partners in the Department of Veterans Affairs,’’ tleman from New Jersey (Mr. HOLT), is their region and then, in turn, har- requests a conference with the House more densely populated than India. monized with surrounding regions. on the disagreeing votes of the two Yet, New Jersey is known as the Gar- Local interests dominated by the vi- Houses thereon, and appoints Mr. SPEC- den State. And while that may be hard sion of local control will fail. Local

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.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28885 control is not meeting their needs we always be worthy of Your trust and NORTH KOREA IS BIGGEST RECIPI- today and will be even less effective in use these blessings in the work for a ENT OF U.S. AID IN EAST ASIA the future. just world where all Your children can (Mr. TRAFICANT asked and was I carried away great optimism for the live in peace and prosperity. given permission to address the House future of New Jersey, in part because Fill us with Your spirit of wisdom for 1 minute and to revise and extend of the State’s bipartisan leadership: and knowledge, right judgment and his remarks.) The Republican governor, whose sec- courage as we advance the common Mr. TRAFICANT. Madam Speaker, ond inaugural theme was a livable New good, protecting human life, promoting the biggest recipient of American aid Jersey, has entered into an agreement the well-being of the family, pursuing in East Asia is not our friends the Phil- with her administration and a local social justice, and practicing global ippines, South Korea, or East Timor. watchdog agency, New Jersey Future, solidarity. The big bucks go to a blue brutal dic- to monitor New Jersey’s executive In Your holy name, we pray. Amen. tator called North Korea. Unbelievable. order on sustainability. The goals and North Korea got $650 million from us. f indicators are already in place with Now, if that is not enough to prop up benchmarks to follow. THE JOURNAL communism, not only can North Korea And with a congressional advocate launch 100 missiles at America, North like the gentleman from New Jersey The SPEAKER pro tempore. The Korea is scheduled to get over $1 bil- (Mr. HOLT), who did not just organize Chair has examined the Journal of the lion in aid from our taxpayers next an impressive series of meetings, he last day’s proceedings and announces year, $1 billion to North Korea. Beam has empaneled his own advisory com- to the House her approval thereof. me up. Who dreamed up this policy? mittee on growth management and the Pursuant to clause 1, rule I, the Jour- Mao Zedong? environment while here in Congress he nal stands approved. I yield back the fact that North is providing leadership on livable com- Korea will not be building schools and f munities. hospitals, nor peace academies with Livability will be on the national PLEDGE OF ALLEGIANCE our money. agenda for the year 2000 election and f beyond, and it is clear to me New Jer- The SPEAKER pro tempore. Will the sey will be helping lead that charge. gentleman from Nevada (Mr. GIBBONS) LET LOCAL PEOPLE DECIDE NEEDS FOR CLASSROOMS f come forward and lead the House in the Pledge of Allegiance. (Mr. BALLENGER asked and was RECESS Mr. GIBBONS led the Pledge of Alle- given permission to address the House The SPEAKER pro tempore. Pursu- giance as follows: for 1 minute and to revise and extend ant to clause 12 of rule I, the Chair de- I pledge allegiance to the Flag of the his remarks.) clares the House in recess until 2 p.m. United States of America, and to the Repub- Mr. BALLANGER. Madam Speaker, Accordingly (at 12 o’clock and 36 lic for which it stands, one nation under God, why does the President split hairs on minutes p.m.), the House stood in re- indivisible, with liberty and justice for all. his 100,000 teachers? He admits we put cess until 2 p.m. f more money into education than he f does. Our money can be spent to hire WE CAN CUT WASTE teachers, to train teachers, to build b 1400 classrooms and so forth. His can only (Mr. GIBBONS asked and was given AFTER RECESS hire teachers. Will they be qualified, or permission to address the House for 1 will they have classrooms? The recess having expired, the House minute and to revise and extend his re- California tried to cut class size and was called to order by the Speaker pro marks.) hired 30,000 teachers. But since there tempore (Mrs. BIGGERT) at 2 p.m. Mr. GIBBONS. Madam Speaker, last were few qualified persons available, f week, the General Accounting Office they ended up with untrained teachers announced the results of its voluntary PRAYER in crowded classrooms. Will we do the survey of nine, just nine Federal agen- same thing? I hope not. Let us let the The Reverend Father John Mudd, cies. That survey showed that the U.S. local people decide what their needs Archbishop Carroll High School, Wash- Government lost $19.1 billion due to are. ington, D.C., offered the following fraud and clerical errors last year. Let f prayer: me repeat that, $19.1 billion of tax- Blessed are You, Lord God of all cre- payer money was lost simply due to ANNOUNCEMENT BY THE SPEAKER ation. We come before You to open this government errors. PRO TEMPORE session of Congress as Your humble Yet, some of our colleagues on the The SPEAKER pro tempore. Pursu- servants. other side of the aisle still maintain ant to clause 8 of rule XX, the Chair You are gracious and kind and mer- that our Federal Government cannot announces that she will postpone fur- ciful, and so we ask that You look on reduce wasteful government spending ther proceedings today on each most us who are Your people and answer our by 1 percent. Really? Well, based on motion to suspend the rules on which a prayers. these findings, common sense tells us recorded vote or the yeas and nays are Make us ever more conscious of the that we can reduce wasteful spending ordered, or on which the vote is ob- great blessings we share in our Nation, by almost $20 billion and probably even jected to under clause 6 of rule XX. and help us to work together to solve more. Any record votes on postponed ques- the problems that threaten our well- We can reduce, even eliminate, the tions will be taken after debate has being. amount wasted on costly overpayments concluded on all motions to suspend Good and gracious God, inspire our by simply addressing the fraud and the rules, but not before 6 p.m. today. President and our leaders in Congress minimizing clerical errors. Wasteful f with a renewed vision for a better Na- spending in Washington does exist, and tion and a better world where those it needs to be stopped. MUHAMMAD ALI BOXING REFORM who are weakest and the most vulner- My question is this: Is it too much to ACT able will be protected, and those who expect efficiency and accountability in Mr. BLILEY. Madam Speaker, I move are strongest will act with integrity, the Federal Government? to suspend the rules and pass the bill responsibility, and generosity. Madam Speaker, I yield back the bil- (H.R. 1832) to reform unfair and anti- You have entrusted to us the gifts of lions of wasted taxpayer dollars from competitive practices in the profes- freedom, opportunity and wealth. May the hard working Americans. sional boxing industry, as amended.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28886 CONGRESSIONAL RECORD—HOUSE November 8, 1999 The Clerk read as follows: (2) by inserting after section 8 the fol- specific questions submitted by the boxer); H.R. 1832 lowing new sections: and ‘‘(2) submit a copy of its explanation to the Be it enacted by the Senate and House of Rep- ‘‘SEC. 9. CONTRACT REQUIREMENTS. Association of Boxing Commissions. resentatives of the United States of America in ‘‘Within 2 years after the date of the enact- ‘‘(c) NOTIFICATION OF CHANGE IN RATING.—A Congress assembled, ment of the Muhammad Ali Boxing Reform sanctioning organization shall not be enti- SECTION 1. SHORT TITLE. Act, the Association of Boxing Commissions shall develop and shall approve by a vote of tled to receive any compensation, directly or This Act may be cited as the ‘‘Muhammad indirectly, in connection with a boxing Ali Boxing Reform Act’’. no less than a majority of its member State boxing commissioners, guidelines for min- match, until, with respect to a change in the SEC. 2. FINDINGS. imum contractual provisions that should be rating of a boxer previously rated by such or- The Congress makes the following findings: included in bout agreements and boxing con- ganization in the top 10 boxers, the organiza- (1) Professional boxing differs from other tracts. It is the sense of Congress that State tion— major, interstate professional sports indus- boxing commissions should follow these ABC ‘‘(1) posts a copy, within 7 days of such tries in the United States in that it operates guidelines. change, on its Internet website or home without any private sector association, ‘‘SEC. 10. PROTECTION FROM COERCIVE CON- page, if any, including an explanation of league, or centralized industry organization TRACTS. such change, for a period of not less than 30 to establish uniform and appropriate busi- ‘‘(a) GENERAL RULE.— days; and ness practices and ethical standards. This ‘‘(1)(A) A contract provision shall be con- ‘‘(2) provides a copy of the rating change has led to repeated occurrences of disrepu- sidered to be in restraint of trade, contrary and explanation to an association to which table and coercive business practices in the to public policy, and unenforceable against at least a majority of the State boxing com- boxing industry, to the detriment of profes- any boxer to the extent that it— missions belong. sional boxers nationwide. ‘‘(i) is a coercive provision described in ‘‘(d) PUBLIC DISCLOSURE.— (2) State officials are the proper regulators subparagraph (B) and is for a period greater ‘‘(1) FTC FILING.—A sanctioning organiza- of professional boxing events, and must pro- than 12 months; or tion shall not be entitled to receive any com- tect the welfare of professional boxers and ‘‘(ii) is a coercive provision described in pensation directly or indirectly in connec- serve the public interest by closely super- subparagraph (B) and the other boxer under tion with a boxing match unless, not later vising boxing activity in their jurisdiction. contract to the promoter came under that than January 31 of each year, it submits to State boxing commissions do not currently contract pursuant to a coercive provision de- the Federal Trade Commission and to the receive adequate information to determine scribed in subparagraph (B). ABC— whether boxers competing in their jurisdic- ‘‘(B) A coercive provision described in this ‘‘(A) a complete description of the organi- tion are being subjected to contract terms subparagraph is a contract provision that zation’s ratings criteria, policies, and gen- and business practices which may violate grants any rights between a boxer and a pro- eral sanctioning fee schedule; State regulations, or are onerous and confis- moter, or between promoters with respect to ‘‘(B) the bylaws of the organization; catory. a boxer, if the boxer is required to grant such ‘‘(C) the appeals procedure of the organiza- (3) Promoters who engage in illegal, coer- rights, or a boxer’s promoter is required to tion for a boxer’s rating; and cive, or unethical business practices can grant such rights with respect to a boxer to ‘‘(D) a list and business address of the or- take advantage of the lack of equitable busi- another promoter, as a condition precedent ganization’s officials who vote on the ratings ness standards in the sport by holding boxing to the boxer’s participation in a professional of boxers. events in States with weaker regulatory boxing match against another boxer who is ‘‘(2) FORMAT; UPDATES.—A sanctioning or- oversight. under contract to the promoter. ganization shall— (4) The sanctioning organizations which ‘‘(2) This subsection shall only apply to ‘‘(A) provide the information required have proliferated in the boxing industry have contracts entered into after the date of the under paragraph (1) in writing, and, for any not established credible and objective cri- enactment of the Muhammad Ali Boxing Re- document greater than 2 pages in length, teria to rate professional boxers, and operate form Act. also in electronic form; and with virtually no industry or public over- ‘‘(3) No subsequent contract provision ex- ‘‘(B) promptly notify the Federal Trade sight. Their ratings are susceptible to ma- tending any rights or compensation covered Commission of any material change in the nipulation, have deprived boxers of fair opin paragraph (1) shall be enforceable against information submitted. portunities for advancement, and have un- a boxer if the effective date of the contract ‘‘(3) FTC TO MAKE INFORMATION AVAILABLE dermined public confidence in the integrity containing such provision is earlier than 3 TO PUBLIC.—The Federal Trade Commission of the sport. months before the expiration of the relevant shall make information received under this (5) Open competition in the professional time period set forth in paragraph (1). subsection available to the public. The Com- boxing industry has been significantly inter- ‘‘(b) PROMOTIONAL RIGHTS UNDER MANDA- mission may assess sanctioning organiza- fered with by restrictive and anticompetitive TORY BOUT CONTRACTS.—No boxing service tions a fee to offset the costs it incurs in business practices of certain promoters and provider may require a boxer to grant any processing the information and making it sanctioning bodies, to the detriment of the future promotional rights as a requirement available to the public. athletes and the ticket-buying public. Com- of competing in a professional boxing match ‘‘(4) INTERNET ALTERNATIVE.—In lieu of mon practices of promoters and sanctioning that is a mandatory bout under the rules of submitting the information required by organizations represent restraints of inter- a sanctioning organization. paragraph (1) to the Federal Trade Commis- state trade in the United States. ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. sion, a sanctioning organization may provide (6) It is necessary and appropriate to estab- ‘‘(a) OBJECTIVE CRITERIA.—Within 2 years the information to the public by maintaining lish national contracting reforms to protect after the date of the enactment of the Mu- a website on the Internet that— professional boxers and prevent exploitive hammad Ali Boxing Reform Act, the Asso- ‘‘(A) is readily accessible by the general business practices, and to require enhanced ciation of Boxing Commissions shall develop public using generally available search en- financial disclosures to State athletic com- and shall approve by a vote of no less than a gines and does not require a password or pay- missions to improve the public oversight of majority of its member State boxing comment of a fee for full access to all the infor- the sport. missioners, guidelines for objective and con- mation; SEC. 3. PURPOSES. sistent written criteria for the ratings of ‘‘(B) contains all the information required The purposes of this Act are— professional boxers. It is the sense of Con- to be submitted to the Federal Trade Com- (1) to protect the rights and welfare of progress that sanctioning bodies and State box- mission by paragraph (1) in an easy to search fessional boxers on an interstate basis by ing commissions should follow these ABC and use format; and preventing certain exploitive, oppressive, guidelines. ‘‘(C) is updated whenever there is a mate- and unethical business practices; ‘‘(b) APPEALS PROCESS.—A sanctioning or- rial change in the information. (2) to assist State boxing commissions in ganization shall not be entitled to receive ‘‘SEC. 12. REQUIRED DISCLOSURES TO STATE their efforts to provide more effective public any compensation, directly or indirectly, in BOXING COMMISSIONS BY SANC- oversight of the sport; and connection with a boxing match, until it pro- TIONING ORGANIZATIONS. (3) to promote honorable competition in vides the boxers with notice that the sanc- ‘‘A sanctioning organization shall not be professional boxing and enhance the overall tioning organization shall, within 7 days entitled to receive any compensation di- integrity of the industry. after receiving a request from a boxer ques- rectly or indirectly in connection with a box- SEC. 4. PROTECTING BOXERS FROM EXPLOI- tioning that organization’s rating of the ing match until it provides to the boxing TATION. boxer— commission responsible for regulating the The Professional Boxing Safety Act of 1996 ‘‘(1) provide to the boxer a written expla- match in a State a statement of— (15 U.S.C. 6301 et seq.) is amended— nation of the organization’s criteria, its rat- ‘‘(1) all charges, fees, and costs the organi- (1) by redesignating sections 9 through 15 ing of the boxer, and the rationale or basis zation will assess any boxer participating in as sections 17 through 23, respectively; and for its rating (including a response to any that match;

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28887 ‘‘(2) all payments, benefits, complimentary State if the promoter files such information (5) by adding at the end the following: benefits, and fees the organization will re- with the ABC. ‘‘(c) ACTIONS BY STATES.—Whenever the ceive for its affiliation with the event, from ‘‘SEC. 16. JUDGES AND REFEREES. chief law enforcement officer of any State the promoter, host of the event, and all ‘‘No person may arrange, promote, orga- has reason to believe that a person or organi- other sources; and nize, produce, or fight in a professional box- zation is engaging in practices which violate ‘‘(3) such additional information as the ing match unless all referees and judges par- any requirement of this Act, the State, as commission may require. ticipating in the match have been certified parens patriae, may bring a civil action on ‘‘SEC. 13. REQUIRED DISCLOSURES FOR PRO- and approved by the boxing commission re- behalf of its residents in an appropriate dis- MOTERS. sponsible for regulating the match in the trict court of the United States— ‘‘(a) DISCLOSURES TO THE BOXING COMMIS- State where the match is held.’’. ‘‘(1) to enjoin the holding of any profes- SIONS.—A promoter shall not be entitled to SEC. 5. CONFLICT OF INTEREST. sional boxing match which the practice in- receive any compensation directly or indi- Section 17 of the Professional Boxing Safe- volves; rectly in connection with a boxing match ty Act of 1996 (15 U.S.C. 6308) (as redesignated ‘‘(2) to enforce compliance with this Act; until it provides to the boxing commission by section 4 of this Act) is amended— ‘‘(3) to obtain the fines provided under sub- responsible for regulating the match in a (1) in the first sentence by striking ‘‘No section (b) or appropriate restitution; or State a statement of— member’’ and inserting ‘‘(a) REGULATORY ‘‘(4) to obtain such other relief as the court ‘‘(1) a copy of any agreement in writing to PERSONNEL.—No member’’; and may deem appropriate. which the promoter is a party with any (2) by adding at the end the following: ‘‘(d) PRIVATE RIGHT OF ACTION.—Any boxer boxer participating in the match; ‘‘(b) FIREWALL BETWEEN PROMOTERS AND who suffers economic injury as a result of a ‘‘(2) a statement made under penalty of MANAGERS.— violation of any provision of this Act may bring an action in the appropriate Federal or perjury that there are no other agreements, ‘‘(1) IN GENERAL.—It is unlawful for— State court and recover the damages suf- written or oral, between the promoter and ‘‘(A) a promoter to have a direct or indi- fered, court costs, and reasonable attorneys the boxer with respect to that match; and rect financial interest in the management of fees and expenses. ‘‘(3)(A) all fees, charges, and expenses that a boxer; or ‘‘(B) a manager— ‘‘(e) ENFORCEMENT AGAINST FEDERAL will be assessed by or through the promoter TRADE COMMISSION, STATE ATTORNEYS GEN- on the boxer pertaining to the event, includ- ‘‘(i) to have a direct or indirect financial interest in the promotion of a boxer; or ERAL, ETC.—Nothing in this Act authorizes ing any portion of the boxer’s purse that the the enforcement of— promoter will receive, and training expenses; ‘‘(ii) to be employed by or receive compensation or other benefits from a promoter, ‘‘(1) any provision of this Act against the ‘‘(B) all payments, gifts, or benefits the Federal Trade Commission, the United promoter is providing to any sanctioning or- except for amounts received as consideration under the manager’s contract with the States Attorney General, or the chief legal ganization affiliated with the event; and boxer. officer of any State for acting or failing to ‘‘(C) any reduction in a boxer’s purse con- ‘‘(2) EXCEPTIONS.—Paragraph (1)— act in an official capacity; trary to a previous agreement between the ‘‘(A) does not prohibit a boxer from acting ‘‘(2) subsection (d) of this section against a promoter and the boxer or a purse bid held as his own promoter or manager; and State or political subdivision of a State, or for the event. ‘‘(B) only applies to boxers participating in any agency or instrumentality thereof; or ‘‘(b) DISCLOSURES TO THE BOXER.—A pro- a boxing match of 10 rounds or more. ‘‘(3) section 10 against a boxer acting in his moter shall not be entitled to receive any ‘‘(c) SANCTIONING ORGANIZATIONS.— capacity as a boxer.’’. compensation directly or indirectly in con- ‘‘(1) PROHIBITION ON RECEIPTS.—Except as SEC. 7. ADDITIONAL AMENDMENTS. nection with a boxing match until it pro- provided in paragraph (2), no officer or em- (a) DEFINITIONS.—Section 2(a) of the Pro- vides to the boxer it promotes— ployee of a sanctioning organization may re- fessional Boxing Safety Act of 1996 (15 U.S.C. ‘‘(1) the amounts of any compensation or ceive any compensation, gift, or benefit, di- 6301(a)) is amended— consideration that a promoter has con- rectly or indirectly, from a promoter, boxer, (1) in paragraph (10) by striking the period tracted to receive from such match; or manager. at the end and inserting ‘‘, including the Vir- ‘‘(2) all fees, charges, and expenses that ‘‘(2) EXCEPTIONS.—Paragraph (1) does not gin Islands.’’; and will be assessed by or through the promoter apply to— (2) by adding at the end the following: on the boxer pertaining to the event, includ- ‘‘(A) the receipt of payment by a promoter, ‘‘(11) EFFECTIVE DATE OF THE CONTRACT.— ing any portion of the boxer’s purse that the boxer, or manager of a sanctioning organiza- The term ‘effective date of the contract’ promoter will receive, and training expenses; tion’s published fee for sanctioning a profes- means the day upon which a boxer becomes and sional boxing match or reasonable expenses legally bound by the contract. ‘‘(3) any reduction in a boxer’s purse con- in connection therewith if the payment is re- ‘‘(12) BOXING SERVICE PROVIDER.—The term trary to a previous agreement between the ported to the responsible boxing commission; ‘boxing service provider’ means a promoter, promoter and the boxer or a purse bid held or manager, sanctioning body, licensee, or for the event. ‘‘(B) the receipt of a gift or benefit of de matchmaker. ‘‘(c) INFORMATION TO BE AVAILABLE TO minimis value.’’. ‘‘(13) CONTRACT PROVISION.—The term ‘con- STATE ATTORNEY GENERAL.—A promoter SEC. 6. ENFORCEMENT. tract provision’ means any legal obligation shall make information required to be dis- Subsection (b) of section 18 of the Profes- between a boxer and a boxing service pro- closed under this section available to the sional Boxing Safety Act of 1996 (15 U.S.C. vider. chief law enforcement officer of the State in 6309) (as redesignated by section 4 of this ‘‘(14) SANCTIONING ORGANIZATION.—The which the match is to be held upon request Act) is amended— term ‘sanctioning organization’ means an or- of such officer. (1) in paragraph (1) by inserting a comma ganization that sanctions professional box- ‘‘SEC. 14. REQUIRED DISCLOSURES FOR JUDGES and ‘‘other than section 9(b), 10, 11, 12, 13, 14, ing matches in the United States— AND REFEREES. or 16,’’ after ‘‘this Act’’; ‘‘(A) between boxers who are residents of ‘‘A judge or referee shall not be entitled to (2) by redesignating paragraphs (2) and (3) different States; or receive any compensation, directly or indi- as paragraphs (3) and (4), respectively; ‘‘(B) that are advertised, otherwise pro- rectly, in connection with a boxing match (3) by inserting after paragraph (1) the fol- moted, or broadcast (including closed circuit until it provides to the boxing commission lowing: television) in interstate commerce. responsible for regulating the match in a ‘‘(2) VIOLATION OF ANTIEXPLOITATION, SANC- ‘‘(15) SUSPENSION.—The term ‘suspension’ State a statement of all consideration, in- TIONING ORGANIZATION, OR DISCLOSURE PROVI- includes within its meaning the revocation cluding reimbursement for expenses, that SIONS.—Any person who knowingly violates of a boxing license.’’. will be received from any source for partici- any provision of section 9(b), 10, 11, 12, 13, 14, (b) STATE BOXING COMMISSION PROCE- pation in the match. or 16 of this Act shall, upon conviction, be DURES.—Section 7(a)(2) of the Professional ‘‘SEC. 15. CONFIDENTIALITY. imprisoned for not more than 1 year or fined Boxing Safety Act of 1996 (15 U.S.C. ‘‘(a) IN GENERAL.—Neither a boxing com- not more than— 6306(a)(2)) is amended— mission or an Attorney General may disclose ‘‘(A) $100,000; and (1) in subparagraph (C) by striking ‘‘or’’; to the public any matter furnished by a pro- ‘‘(B) if a violation occurs in connection (2) in subparagraph (D) by striking ‘‘docu- moter under section 13 except to the extent with a professional boxing match the gross ments.’’ at the end and inserting ‘‘docu- required in a legal, administrative, or judi- revenues for which exceed $2,000,000, an addi- ments; or’’; and cial proceeding. tional amount which bears the same ratio to (3) by adding at the end the following: ‘‘(b) EFFECT OF CONTRARY STATE LAW.—If a $100,000 as the amount of such revenues com- ‘‘(E) unsportsmanlike conduct or other in- State law governing a boxing commission re- pared to $2,000,000, or both.’’; and appropriate behavior inconsistent with gen- quires that information that would be fur- (4) in paragraph (3) (as redesignated by erally accepted methods of competition in a nished by a promoter under section 13 shall paragraph 2 of this subsection) by striking professional boxing match.’’. be made public, then a promoter is not re- ‘‘section 9’’ and inserting ‘‘section 17(a)’’; (c) RENEWAL PERIOD FOR IDENTIFICATION quired to file such information with such and CARDS.—Section 6(b)(2) of the Professional

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28888 CONGRESSIONAL RECORD—HOUSE November 8, 1999 Boxing Safety Act of 1996 (15 U.S.C. form, nationwide system of licensing HOUSE OF REPRESENTATIVES, COM- 6305(b)(2)) is amended by striking ‘‘2 years.’’ and minimum health and safety stand- MITTEE ON EDUCATION AND THE and inserting ‘‘4 years.’’. ards for boxers. This Act was a re- WORKFORCE, (d) REVIEW OF SUSPENSIONS.—Section sounding success. Because of our bill, Washington, DC, November 1, 1999. 7(a)(3) of the Professional Boxing Safety Act Hon. TOM BLILEY, of 1996 (15 U.S.C. 6306(a)(3)) is amended by for the first time, States could keep Chairman, Committee on Commerce, House of striking ‘‘boxer’’ and inserting ‘‘boxer, li- track of and protect professional box- Representatives, Washington, DC. censee, manager, matchmaker, promoter, or ers with appropriate oversight and su- DEAR CHAIRMAN BLILEY: I am writing re- other boxing service provider’’. pervision. For example, when boxer garding H.R. 1832, the Muhammad Ali Boxing (e) ALTERNATIVE SUPERVISION.—Section 4 Mike Tyson committed the barbaric Reform Act, which is within the jurisdiction of the Professional Boxing Safety Act of 1996 of the Committee on Commerce and in addi- (15 U.S.C. 6303) is amended— act of biting off a portion of Evander Holyfield’s ear 2 years ago, Tyson’s tion the Committee on Education and the (1) by striking ‘‘No person’’ and inserting Workforce. The bill amends the Professional ‘‘(a) No person’’; and suspension from boxing was swift and Boxing Safety Act. I have no objection to (2) by inserting at the end thereof the fol- nationwide. this bill being scheduled under suspension of lowing: While the 1996 bill has been a re- the House Rules. The Committee on Com- ‘‘(b) For the purpose of this Act, if no sounding success, it was only an impor- merce ordered the bill favorably reported on State commission is available to supervise a tant first step of cleaning up the sport September 29, 1999. boxing match according to subsection (a), of boxing. Two weeks ago, the Miami Given the impending adjournment and then— since I support the reported bill, I do not in- ‘‘(1) the match may not be held unless it is Herald reported that over 30 prizefights have been fixed or tainted in the last 12 tend to call a full Committee meeting to supervised by an association of boxing com- consider this bill; however, the Committee missions to which at least a majority of the years. does hold an interest in preserving its juris- States belong; and Just last Thursday, a Federal grand diction with respect to issues raised in the ‘‘(2) any reporting or other requirement re- jury issued a 32-count indictment bill and its jurisdictional prerogatives in fu- lating to a supervising commission allowed against the president and three offi- ture legislation. As such, Members of the under this section shall be deemed to refer to cials of the International Boxing Fed- Education and the Workforce would expect the entity described in paragraph (1).’’. eration on charges of taking bribes to be represented should the provisions of (f) HEALTH AND SAFETY DISCLOSURES.—Sec- this bill be considered in a conference with tion 6 of the Professional Boxing Safety Act from promoters and managers to manipulate rankings, as well as racket- the Senate. of 1996 (15 U.S.C. 6305) is amended by adding I would appreciate the inclusion of this let- at the end the following new subsection: eering and money laundering. Accord- ter in the Report you file to accompany this ‘‘(c) HEALTH AND SAFETY DISCLOSURES.—It ing to the Federal prosecutor, ‘‘In the bill. I thank you for your attention to this is the sense of Congress that a boxing com- IBF, rankings were bought, not earned, matter and look forward to swift passage of mission should, upon issuing an identifica- completely corrupting the ranking sys- H.R. 1832. tion card to a boxer under subsection (b)(1), Sincerely, make a health and safety disclosure to that tem.’’ ILL GOODLING, boxer as that commission considers appro- The Muhammad Ali Boxing Reform B priate. The health and safety disclosure Act would put an end to this corrup- Chairman. should include the health and safety risks tion. It requires the establishment of HOUSE OF REPRESENTATIVES, associated with boxing, and, in particular, objective and consistent criteria for the risk and frequency of brain injury and COMMITTEE ON COMMERCE, the ratings of professional boxers. It Washington, DC, November 2, 1999. the advisability that a boxer periodically un- requires disclosures of compensation dergo medical procedures designed to detect Hon. WILLIAM F. GOODLING, brain injury.’’. received in connection with a boxing Chairman, Committee on Education and the match by promoters, managers, sanc- Workforce, House of Representatives, Wash- The SPEAKER pro tempore. Pursu- tioning bodies, and judges and referees. ington, DC. ant to the rule, the gentleman from It provides for tough new penalties for DEAR BILL: Thank you for your letter re- Virginia (Mr. BLILEY) and the gentle- criminals who continue to try to ma- garding your Committee’s jurisdictional in- woman from Colorado (Ms. DEGETTE) terest in H.R. 1832, the Muhammad Ali Box- nipulate and undermine the sport each will control 20 minutes. ing Reform Act. The Chair recognizes the gentleman through coercion and bribes. In the past, our committees have worked According to Boxing News, ‘‘The Ali from Virginia (Mr. BLILEY). cooperatively in the enactment of the Pro- Act, if enacted, would greatly clean up fessional Boxing Safety Act, and I acknowl- GENERAL LEAVE boxing in America.’’ Ring Magazine edge your role as an additional committee of Mr. BLILEY. Madam Speaker, I ask calls this ‘‘well thought out’’ legisla- jurisdiction. I appreciate your cooperation in unanimous consent that all Members moving the bill to the House floor expedi- may have 5 legislative days within tion that ‘‘will be a huge step toward getting rid of the bandits and parasites tiously and agree that your decision to forgo which to revise and extend their re- further action on the bill will not prejudice marks on H.R. 1832, and to insert extra- in the sport.’’ ESPN says that ‘‘The Ali the Committee on Education and the Work- neous material on the bill. Act, modest in scope, can make a dif- force with respect to its jurisdictional pre- The SPEAKER pro tempore. Is there ference. It is a small, but significant rogatives on this or similar legislation. Fur- objection to the request of the gen- step, and one that would cost nothing ther, I will support your request for con- tleman from Virginia? to taxpayers.’’ ferees should this bill be the subject of a There was no objection. I congratulate the gentleman from House-Senate conference. I will also insert a Mr. BLILEY. Madam Speaker, I yield Ohio (Mr. OXLEY), the chairman of the copy of your letter and this response in the Subcommittee on Finance and Haz- Committee’s report on the bill and the Con- myself 5 minutes. gressional Record when H.R. 1832 is consid- Madam Speaker, earlier this year, 19 ardous Materials, for his leadership in ered by the House. bipartisan State attorneys general and moving this bill forward, and I look Thank you again for your cooperation. numerous State boxing commissioners forward to restoring honesty and integ- Sincerely, from across the United States asked rity to this great sport. TOM BLILEY, Congress for help in cleaning up the Also, before closing, I want to ac- Chairman. sport of boxing. These State agencies knowledge the support and assistance Madam Speaker, I reserve the bal- strongly endorsed the Muhammad Ali from the gentleman from Pennsylvania ance of my time. Act, saying it was necessary legislation (Mr. GOODLING), the chairman of the Ms. DEGETTE. Madam Speaker, I to prevent exploitation of professional Committee on Education and the yield myself such time as I may con- boxers and to curb the anticompetitive Workforce. sume. and fraudulent business practices in Madam Speaker, I urge all my col- Madam Speaker, I rise in strong sup- the sport. Congress is now giving the leagues to support this important port of H.R. 1832, the Muhammad Ali States and State boxing commissioners measure. Boxing Reform Act. their requested assistance. Madam Speaker, I include the fol- For many years, there has been wide- In 1996, the Committee on Commerce lowing letters for the RECORD, as fol- spread concern, as the gentleman from passed legislation establishing a uni- lows: Virginia (Chairman BLILEY) stated,

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28889 about the boxing industry in the sanctioning body as a racketeering en- uniform rules, regulations, rating cri- United States. Not only have scandals terprise in which fighters’ rankings teria, and guidelines for contracts. plagued the industry as long as I can were routinely altered in exchange for These are important reforms which, remember, but fighters have been hundreds of thousands of dollars in il- according to the Congressional Budget taken advantage of financially, and op- licit bribes from promoters and man- Office, would have no significant im- portunities to compete for a title have agers. This scandal follows on the heels pact on the Federal budget and would not always been awarded to legitimate of an investigation by the Miami Her- not result in any significant cost to the contenders. ald revealing more than 30 fights in the States. This legislation passed the Sen- As my colleagues know, Madam past 12 years have been fixed or taint- ate earlier this year. It passed our com- Speaker, almost every other major ed, including at least one heavyweight mittee by a bipartisan voice vote, and sport in the United States operates championship match. has received support from the president with a central body to establish appro- Madam Speaker, I have with me a of the Association of Boxing Commis- priate business standards and effective copy of the Miami Herald, Sunday, Oc- sions, International Boxing Digest, mechanisms of self-regulation. But not tober 31, which is titled ‘‘Fixed Fights, Boxing News, the editor of Ring Maga- boxing. Boxing exists in a world of al- Down for the Count,’’ in which the col- zine, the World Boxing Council, and nu- phabet soup organizations whose rating umnist, Ken Rodriguez of the Miami merous promoters, managers, and box- methodologies are as visceral as the fa- Herald, chronicles just how bad the sit- ers. In the words of one of boxing’s great- mous Ali mirage and promoters who uation is in boxing and how badly it est, Muhammad Ali, ‘‘The day this bill are as untouchable as Ali was behind needs cleaning up. And I want to cite is signed into law cannot be soon that as an example of what we can do, the ‘‘rope-a-dope.’’ enough. I pray justice will be done and working with the media, to uncover The purpose of the Muhammad Ali somehow, along the way, honor can be this kind of activity. Boxing Reform Act is to increase dis- restored to this sport.’’ closure and prevent abuses in profes- In 1996, I sponsored a bipartisan box- Madam Speaker, I provide for inclu- ing reform bill which prohibited con- sional boxing, specifically targeting sion in the RECORD two letters from conflicts of interest that arise for flicts of interest for State boxing com- Muhammad Ali in support of this legis- promotors. mission employees. It also established lation, the most recent dated Novem- H.R. 1832 limits contracts between the first-ever uniformed licensing and ber 8, today, as well as a letter from boxers and promotors, ending the coer- health and safety system to protect the National Association of Attorneys cive practice of requiring long con- professional boxers. This legislation General in support of this legislation. was a great success and the State box- tracts for fighters to obtain particular NATIONAL ASSOCIATION bouts. ing commissions and attorneys general OF ATTORNEYS GENERAL, The bill also seeks to ensure that the now have asked us to go one step fur- Washington, DC, April 28, 1999. manager is an independent applicant of ther to clean up the corruption among Hon. JOHN MCCAIN, the boxer, not an agent serving the fi- boxing promoters, managers, and sanc- U.S. Senate, Chairman, Senate Commerce, nancial interests of the promoter. tioning bodies. Science, and Transportation Committee, Furthermore, the sanctioning organi- H.R. 1832, the Muhammad Ali Boxing Washington, DC. zations would have to establish objec- Reform Act, is based on the numerous Hon. THOMAS BLILEY, tive criteria for the rating of profes- bipartisan hearings this committee has House of Representatives, Chairman, Commerce held over the past 2 decades on the Committee, Washington, DC. sional boxers and to fully disclosure DEAR SENATOR MCCAIN AND REPRESENTA- their bylaws, rating systems, and offi- need to reform the boxing industry. On TIVE BLILEY: We, the leadership of the Na- cials. June 29, 1999, our committee held a tional Association of Attorneys General I firmly believe that, with these limi- hearing, just after the controversial de- (‘‘NAAG’’) Boxing Task Force, and Attorneys tations, the boxing industry can take a cision in the Holyfield-Lewis heavy- General interested in industry reform, giant step toward the 21st century and weight championship fight, in which an strongly endorse the Muhammad Ali Boxing the ending of corruption. IBF judge awarded the title to Mr. Reform Act (S. 305) and fully support your Holyfield, the IBF champion, instead of efforts to improve the professional boxing in- I would like to thank the gentleman dustry. We believe this legislation will curb from Virginia (Chairman BLILEY) and to Mr. Lewis, the WBC champion and anti-competitive and fraudulent business especially the gentleman from Ohio clear apparent winner, according to practices and prevent blatant exploitation of (Chairman OXLEY) for his hard work on some boxing commentators. In the professional boxers. this legislation. Much credit is also due words of one hearing witness, the deci- We are encouraged by the support S. 305 has received in the Senate, and we look for- to Senator JOHN MCCAIN, who is the au- sion was ‘‘highly influenced.’’ Another witness said bluntly, ‘‘Lewis was ward to working with you to protect the thor of the Senate approved version of health and safety of professional boxers and this bill. robbed.’’ to prevent exploitation, fraud, and restraints In the end, the Muhammad Ali Box- H.R. 1832 expands on our initial suc- of trade. The Muhammad Ali Act provides a ing Reform Act puts abuse in the box- cess with boxing reform, extending the practical approach to long-standing prob- ing industry on the ropes. By passing conflict-of-interest prohibitions in the lems of fraud and restraints of trade in this this important legislation, I believe 1996 act to apply to other boxing enti- industry. ties besides State commissions. Spe- The Boxing Task Force, currently com- that Congress will deliver the final prised of 19 Attorneys General, was formally one-two punch to boxing corruption. cifically, H.R. 1832 would enact seven established in March 1998 after legislation Madam Speaker, I reserve the bal- critical reforms: was passed by both the House and Senate ance of my time. First, bribes are prohibited for sanc- Commerce Committees and then subse- tioning bodies. Two, conflicts of inter- quently by both the House and Senate. (The b 1415 est are prohibited for boxing managers Professional Boxing Safety Act 15 U.S.C. Mr. BLILEY. Madam Speaker, I yield and promoters. Three, boxers are pro- § 6301, et seq.). After Federal Trade Commis- such time as he may consume to the tected from coercive contracts. Four, sion Chairman Robert Pitofsky’s suggested that state Attorneys General review business gentleman from Ohio (Mr. OXLEY), the new strong disclosure requirements are practices in the professional boxing industry, chairman of the subcommittee. created for promoters, sanctioning bod- the National Association of Attorneys Gen- Mr. OXLEY. Madam Speaker, I thank ies, judges, and referees to reduce cor- eral created the Boxing Task Force to exam- the gentleman for yielding me this ruption. Fifth, boxing judges and refine interstate boxing practices in the United time. erees are required to be approved by States, identify the problems therein, and Last Thursday, the President and the State commissions. Sixth, un- recommend ways to improve the industry. In furtherance of our common objectives, three other officials from the IBF, the sportsmanlike conduct would be added the Task Force conducted a public hearing International Boxing Federation, were as a new category of suspendable of- on January 19–21, 1999, where testimony, in- indicted. They were brought under fenses. And, seven, the State boxing cluding numerous recommendations, was re- criminal charges for operating IBF’s commissions are encouraged to adopt ceived from individuals representing a cross-

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section of the boxing industry. Testimony dominate this troubled industry. We urge all from Virginia (Mr. BLILEY) and the was elicited from boxing promoters on their members of Congress to support this effort gentleman from Ohio (Mr. OXLEY), kept role in the industry and on the issue of long to make boxing a more honorable sport. that promise and we have now deliv- term and exclusive contractual options. Most sincerely, ered this bill to the floor of the House. Sanctioning organizations testified about MUHAMMAD ALI. I also want to thank the gentleman the methods utilized to rank fighters. Var- LONNIE ALI. from New York (Mr. ENGEL) for work- ious experts on boxers’ injuries discussed the MUHAMMAD ALI, necessity for medical clearance and the use Berrien Springs, MI, June 30, 1998. ing so closely with the gentleman from Ohio on this legislation, and, of course, of proper equipment and ringside safety pre- Senator JOHN MCCAIN, cautions. Industry members and business Russell Senate Office Building, the chairman and ranking member of leaders discussed a structured annuity and Washington, DC. our full Committee on Commerce for pension plan for professional boxers. DEAR SENATOR MCCAIN: Thank you for all moving this bill forward. This is long We are in the process of reviewing the tes- of your effort in setting up guidelines for overdue, and those who love the sport timony, and after further consultation with boxers in the ring today and for those in the of boxing, as I do, and so many do in members of the industry, we will compile a future. I can’t begin to express how honored my district and across America, will report with our recommendations. We seek I am that you would name the Boxing Re- hail this day as a very important day to reform certain practices within the indus- form Act after me. try, to return integrity to boxing on behalf After reading the summary you sent me, I in restoring the dignity and the glory of the athletes and the ticket-buying public, can only tell you that these guidelines are of the sport of boxing in America. and to otherwise enhance the well-being of long overdue. I only wish they would have Ms. DEGETTE. Madam Speaker, I boxing and all associated with it. been in effect when I was boxing. yield myself such time as I may con- Finally, we would like to emphasize the Thank you for caring enough about the sume in closing to acknowledge that importance of the proposed enforcement sport of boxing that you would help those in my colleagues on the other side of the guidelines of the Muhammad Ali Boxing Re- the ring today and in the future. aisle did note that I am not the gen- form Act, which would permit a State, as Sincerely, tleman from New York (Mr. ENGEL), parens patriae, to being a civil action on be- MUHAMMAD ALI. who has worked very hard on this bill. half of its residents in an appropriate dis- Mr. BLILEY. Madam Speaker, I yield I too would like to commend him. He trict court of the United States for viola- such time as he may consume to the is sorry he could not be here to manage tions of the Boxing Reform Act. We believe gentleman from Louisiana (Mr. TAU- the time today, but he had a family that the authority to enjoin the holding of a ZIN). professional boxing match, and to enforce emergency and I am filling in. compliance with the Muhammad Ali Boxing Mr. TAUZIN. Madam Speaker, during This is an excellent bill, and I com- Reform Act, is necessary to ensure lawful our subcommittee markup on this bill mend particularly the gentleman from and responsible boxing industry compliance earlier this year, we asked a panel of Ohio (Mr. OXLEY) and the gentleman with national reforms. witnesses about the judging of the from New York (Mr. ENGEL). Thank you for your consideration of our Holyfield-Lewis championship unifica- Mr. ENGEL. Madam Speaker, I rise in views. We hope you will favorably consider tion fight that had just occurred. Two strong support of H.R. 1832, the Muhammad the Muhammad Ali Act. We stand ready to said the scoring was incompetent, two Ali Boxing Reform Act. assist you as the bill advances, so please feel indicated that it was dishonest, and For years, there has been widespread con- free to call on us. cern about the boxing industry in the United Sincerely yours, the last said Lewis was robbed. Well, we all are robbed when one of our na- States. Not only have scandals plagued the in- Eliot Spitzer, Attorney General of New dustry as long as I can remember, but fighters York, Chair, NAAG Boxing Task Force; tional sports becomes tainted in such a Jim Ryan, Attorney General of Illinois, way. have been taken advantage of financially and Vice Chair, NAAG Boxing Task Force; I grew up watching boxing as a child opportunities to compete for a title have not al- Janet Napolitano, Attorney General of with my grandfather and my dad in the ways been awarded to legitimate contenders. Arizona; Richard Blumenthal, Attor- little community of Chackbay, Lou- As you know, Madam Speaker, almost ney General of Connecticut; Bill isiana. I have heard of too many young every other major sport in the United States Lockyer, Attorney General of Cali- fighters who have put so much into operates with a central body to establish ap- fornia; Robert A. Butterworth, Attor- propriate business standards and effective ney General of Florida; Jeffrey A. training themselves for a big fight only to suffer from what Muhammad Ali has mechanisms of self-regulation. Not boxing. Modisett, Attorney General of Indiana; Boxing exists in a world of alphabet soup or- called the ‘‘dishonest ways’’ of pro- Tom Miller, Attorney General of Iowa; ganizations whose rating methodologies are moters. Richard P. Ieyoub, Attorney General of as ephemeral as the famous Ali ‘‘mirage’’ and Louisiana; J. Joseph Curran, Jr., At- This bill protects boxers from dis- torney General of Maryland; Mike honest promoters. It prohibits coercive promoters who are as untouchable as Ali was behind the ‘‘rope-a-dope.’’ Moore, Attorney General of Mis- contracts and empowers the States to The purpose of the Muhammad Ali Boxing sissippi; Jeremiah W. ‘‘Jay’’ Nixon, At- develop uniform rules and regulations Reform Act is to increase disclosure and pre- torney General of Missouri; Frankie governing the sport. It requires the Sue Del Papa, Attorney General of Ne- vent abuses in professional boxing, specifically vada; Peter Verniero, Attorney General sanctioning bodies, the referees, targeting conflicts of interest that arise for proof New Jersey; W.A. Drew Edmondson, judges, and promoters to disclose any moters. Attorney General of Oklahoma; Hardy conflicts of interest and sources of H.R. 1832 limits contracts between boxers Myers, Attorney General of Oregon; compensation to help the States en- and promoters, ending the coercive practice of Mike Fisher, Attorney General of force their laws and protect boxers requiring long contracts for fighters to obtain Pennsylvania; Jose´ A. Fuentes- from any taint of corruption. Agostini, Attorney General of Puerto particular bouts. I want to note, as my good friend, the The bill also seeks to ensure that the man- Rico; Mark L. Earley, Attorney Gen- gentleman from Ohio (Mr. OXLEY), has eral of Virginia. ager is an independent advocate of the boxer, done, that this legislation has the sup- not an agent serving the financial interest of GREATEST OF ALL TIME, INC., port of the president of the Association the promoter. Berrien Springs, MI, November 8, 1999. of Boxing Commissioners, Ring Maga- Furthermore, the sanctioning organizations Hon. MICHAEL OXLEY, zine, International Boxing Digest, Box- would have to establish objective criteria for Hon. ELIOT ENGEL, ing News, numerous promoters, man- the rating of professional boxers and fully dis- House of Representatives, agers, and boxers, all of who want to close their by-laws, rating systems, and offi- Washington, DC. clean up this sport and indeed restore cials. DEAR REPRESENTATIVES OXLEY AND ENGEL: it to its former glory. I firmly believe that with these limitations, We are pleased that ‘‘The Muhammad Ali Last June, when we began our work the boxing industry can take a giant step to- Boxing Reform Act’’ (H.R. 1832) is being in the subcommittee, we indeed prom- brought up before the full House of Rep- ward the 21st century and the ending of cor- resentatives. We strongly support this bill ised that we would bring this reform ruption. which will protect boxers from exploitations bill to the floor of the House. I am very I would like to thank my good friend, Chair- and unfair treatment by unscrupulous pro- happy that the Committee on Com- man OXLEY, for his hard work on this legisla- moters and other business interests that merce, with the help of the gentleman tion. It has been my pleasure to serve as the

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0688 Sfmt 9920 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28891 lead Democratic cosponsor of his bill in the plant operation, which frees the patient from solutions to the difficult problem of in- House and to cosign several dear colleagues dialysis and brings about a dramatic im- creasing the supplies of donated organs with him. provement in quality of life; while safeguarding the system from un- Whereas in 1996 the number of kidneys Much credit is also due to Senator JOHN intended bureaucratic interference transplanted in the United States was 12,238, MCCAIN, author of the Senator-approved with 25 percent of the kidneys donated from that would dramatically harm efforts version of the bill. I would also like to call at- biologically related living relatives, 5 per- to increase donations. Many of those tention to Eliot Spitzer, the Attorney General of cent from spousal or other biologically unre- ideas are embodied in H.R. 2418, the the State of New York, for his efforts to root lated living persons, and the remainder from Organ Procurement and Transplant Pa- out corruption in the boxing industry. As Chair- cadavers; tient Network Amendments of 1999, man of the National Association of Attorneys Whereas from 1988 to 1997, the number of which was reported out of my com- General Boxing Task Force, Eliot Spitzer has patients on the waiting list for a cadaveric mittee just 3 weeks ago. helped guide Congress through the legal tech- kidney transplant increased more than 150 Among the initiatives in H.R. 2418 is percent, from 13,943 to more than 35,000; nicalities required for effective enforcement of Whereas the annual number of cadaveric a program to provide living and travel new boxing regulations. His contribution and kidneys available for transplant has in- expenses for those individuals who do- testimony before Congress will not be forgot- creased only slightly, from 8,327 in 1994 to nate an organ to a person requiring a ten. 8,526 in 1996, an increase of less than 100 such transplant in another State. The com- In the end, the Muhammad Ali Boxing Re- kidneys per year; mittee found that there may be many form Act puts abuse in the boxing industry on Whereas from 1988 to 1997, the annual num- willing donors who would like to save the ropes. By passing this important legisla- ber of kidneys donated by living persons rose the life of another American but find tion, I believe that Congress will deliver the 104 percent, from 1,812 to 3,705; and themselves in financial circumstances Whereas in 1995, the 3-year survival rate final one, two punch to boxing corruption. for kidney recipients was 82 percent if the that would make it impossible for Ms. DEGETTE. Madam Speaker, I donor was a living parent, 85 percent if the them to take a leave of absence from have no further requests for time, and donor was a living spouse, 81 percent if the their job. H.R. 2418 would ease that I yield back the balance of my time. donor was a biologically unrelated living burden. Mr. BLILEY. Madam Speaker, I have person other than a spouse, and 70 percent if I am also proud to say that due to no further requests for time, and I the kidney was cadaveric: Now, therefore, be the Committee on Commerce efforts, yield back the balance of my time. it H.R. 3075, the Medicare, Medicaid and Resolved, That the House of Representa- S–CHIP Balance Budget Refinement The SPEAKER pro tempore (Mrs. tives— BIGGERT). The question is on the mo- (1) recognizes the generous contribution Act of 1999, added $200 million to pay tion offered by the gentleman from made by each living person who has donated for additional immunosuppressive drug Virginia (Mr. BLILEY) that the House a kidney to save a life; and therapy. Medicare presently only cov- suspend the rules and pass the bill, (2) acknowledges the advances in medical ers these drugs for 36 months. This bill H.R. 1832 , as amended. technology that have enabled living kidney takes a first step at addressing that The question was taken; and (two- transplantation to become a viable treat- issue and allows us to provide more thirds having voted in favor thereof) ment option for an increasing number of pa- coverage for needy organ transplant tients with end stage renal disease. the rules were suspended and the bill, patients. Access to these drugs can lit- as amended, was passed. The SPEAKER pro tempore. Pursu- erally make the difference between life A motion to reconsider was laid on ant to the rule, the gentleman from and death. the table. Virginia (Mr. BLILEY) and the gentle- While we in Congress continue to do woman from Colorado (Ms. DEGETTE) f what we can to safeguard the organ al- each will control 20 minutes. location system from bureaucratic in- RECOGNIZING GENEROUS CON- The Chair recognizes the gentleman terference, and work to address finan- TRIBUTION BY LIVING PERSONS from Virginia (Mr. BLILEY). cial problems donors face as well as WHO HAVE DONATED A KIDNEY GENERAL LEAVE those recipients who needs affordable TO SAVE A LIFE Mr. BLILEY. Madam Speaker, I ask immunosuppressive drug therapy, let Mr. BLILEY. Madam Speaker, I move unanimous consent that all Members us remember the role that the thou- to suspend the rules and agree to the may have 5 legislative days within sands of ordinary Americans have resolution (H. Res. 94) recognizing the which to revise and extend their re- played in the lives of their neighbors generous contribution made by each marks on House Resolution 94, and to and families who have donated kid- living person who has donated a kidney insert extraneous material. neys. We salute you for your sacrifice to save a life. The SPEAKER pro tempore. Is there and your charity. The Clerk read as follows: objection to the request of the gen- Madam Speaker, I reserve the bal- H. RES. 94 tleman from Virginia? ance of my time. There was no objection. Ms. DEGETTE. Madam Speaker, I Whereas kidneys are vital organs that clean the blood by removing wastes, and Mr. BLILEY. Madam Speaker, I yield yield myself such time as I may con- failed kidneys have lost the ability to re- myself such time as I may consume, sume. move these wastes; and I rise in support of H. Res. 94, a res- First of all, I again want to thank Whereas in the United States more than olution recognizing the generous con- my chairman, the esteemed gentleman 250,000 patients with kidney failure, also tribution made by each living person from Virginia, for bringing this bill up, known as end stage renal disease (ESRD), who has donated a kidney to save the and I also want to thank my colleague, have died since 1989; life of another person. the gentleman from Washington (Mr. Whereas during 1996, 283,932 patients were Americans who donate their organs NETHERCUTT), for the opportunity to in treatment for ESRD, and an additional 73,091 patients began treatment for ESRD; to save another’s life are heroes, and I recognize those individuals who are Whereas the most common cause of ESRD am delighted that the House of Rep- willing to make a living donation of has consistently been diabetes, because the resentatives has taken the time to rec- one of their kidneys. The gentleman high levels of blood sugar in persons with di- ognize them as such. From 1998 to 1997, from Washington and I are cochairs of abetes cause the kidneys to filter too much the annual number of kidneys donated the Congressional Diabetes Caucus, and blood and leave the kidneys, over time, un- by living persons rose 104 percent, from both of us recognize that for those who able to filter waste products; 1,812 to 3,705. Even so, the number of care about that particular issue, kid- Whereas of the patients who began treat- people on dialysis while they wait for a ney disease and kidney donation is a ment for ESRD in 1996, 43 percent were persons with diabetes; kidney transplant has grown to some critical and important issue for us to Whereas ESRD can be treated with dialy- 35,000. We have to do more. be discussing today. sis, which artificially cleans the blood but The Committee on Commerce has Those who donate kidneys are coura- which imposes significant burdens on quality spent a great deal of time and effort in geous individuals who give selflessly of of life, or with a successful kidney trans- the last year working to develop good themselves, literally, to save another

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28892 CONGRESSIONAL RECORD—HOUSE November 8, 1999 person’s life. Last year, more than 4,000 thus reduced the risk to the donor and I am delighted to rise in support of living donors gave kidneys. That was 31 cut down on the amount of recovery this resolution, my own, that I intro- percent of the transplants. Over a 10- time. duced with other Members that recog- year period, the number of kidney do- Madam Speaker, as co-chair of the nizes the generous contribution of liv- nations has increased by 54 percent, Congressional Diabetes Caucus, the ing kidney donors and acknowledges from 5,688 in 1988 to 8,774 in 1997. The gentleman from Washington (Mr. the advances made in medical tech- increase in the number of living kidney NETHERCUTT) and I have over 240 Mem- nology that enable living kidney trans- donors has been even more dramatic, bers of the House who have signed on plants to be a viable treatment option. from 1,812 to 3,695, a doubling of living as members of this caucus. The gentlewoman from Colorado (Ms. donors to relatives that received this We know that the most common DEGETTE) and the gentleman from Vir- critical gift of life. cause of end stage renal disease has ginia (Mr. BLILEY) spoke well of the Every year thousands of lives are consistently been diabetes. In fact, 35 statistical information that is out saved when a family member, a friend, percent of the new cases of kidney fail- there with regard to the scope of the a coworker, or even a member of the ure every year and 25 percent of all problem of kidney transplants and kid- community they do not know makes cases of kidney failure come from dia- ney disease. the choice to donate one of their two betic causes. This is true because of the In 1997, 73,000 new patients began kidneys to someone in need. With the high levels of blood sugar people with treatment for end stage renal disease. need for organ transplants far out- diabetes have that cause the kidneys to Of those new patients, nearly half also pacing the supply, we are also starting filter too much blood and leave the had diabetes. I have had the oppor- to see a new type of donation, a non- kidneys over time unable to filter tunity to visit my hospitals in the directed donation, where an individual waste products. Fifth Congressional District of Wash- makes a choice to donate a kidney to Of those beginning ESRD treatment ington, one of which is Sacred Heart any patient who needs it. in 1997, just under half are people with Medical Center. I went to the kidney An outstanding example of a non- diabetes. This is why it is so important dialysis department and spoke with not directed live kidney donation is Joyce every day that relatives, friends, and only the medical people who are serv- Roush. In September of this year, she co-workers and members of the coming the public there but those who are used the donation of her kidney to a munity donate kidneys both to those undergoing kidney dialysis. stranger as an opportunity to bring the that they know and those they do not It is not pleasant. It is something public’s attention to the possibility of know. that breaks our hearts for the people making nondirected donations. I hope we can find ways before we who are stricken with kidney disease. Most of us are also aware of the case cure diabetes, which is our ultimate It is so important that we encourage where Sean Elliott, of the world cham- and, by the way, our short-term goal, people to donate kidneys to people who pion San Antonio Spurs, needed a kid- still, in the meantime, we need to find are living so that they can be relieved ney transplant and received one from ways to find these kidneys. of their kidney problems. And this is I want to once again thank the gen- his older brother Noel Elliott. one way to do that, that is having liv- tleman from Washington (Mr. b 1430 ing people donate kidneys to those who NETHERCUTT) for the opportunity to are afflicted. According to Elliott, he would like to recognize these individuals that make return to playing in the NBA this year living donations of a kidney and work In 1996, over 12,000 kidneys were if possible. Elliott said, ‘‘It’s another with him to make sure that we encour- transplanted in the United States. obstacle I have a chance to topple.’’ age more of this in the future. About 30 percent of these organs came He has also overcome two knee sur- Madam Speaker, I reserve the bal- from living donors. Over the last 10 geries. ‘‘It would be a pretty awesome ance of my time. years, the number of patients waiting accomplishment,’’ he said, ‘‘and a great Mr. BLILEY. Madam Speaker, I yield for a kidney transplant has almost tri- statement for anyone who faces adver- such time as he may consume to the pled from 14,000 to over 40,000 people. sity. It would be inspirational to a lot gentleman from Washington (Mr. We know that the number of living do- of people.’’ NETHERCUTT), the principal cosponsor nors has increased over 100 percent. While that certainly would be a tre- of the bill. Over the last 10 years, from 1985 to mendous inspiration to many people Mr. NETHERCUTT. Madam Speaker, 1994, the 10-year survival rate for dialy- across the country, the example of his I thank the chairman for his gen- sis patients was just 10 percent. Pa- older brother Noel and individuals like erosity in not only yielding me time on tients who received a cadaveric kidney Joyce Roush should also be an inspira- this resolution but his leadership on had a 55 percent survival rate. How- tion and an example for people across the part of the Committee on Com- ever, those who received a kidney from the country. merce in bringing this resolution for- a living family member had a 75 per- Unfortunately, while there has been ward today. cent chance of living an additional 10 a substantial increase in organ dona- I certainly appreciate the remarks of years. If one is that recipient and if one tions over the past decade, almost my colleague the gentlewoman from is that donor, that is a very significant 350,000 Americans still have lost their Colorado (Ms. DEGETTE), who has percentage increase. lives to kidney failure. Moreover, the served very, very strongly as co-chair Living kidney donors face the risk number of patients on the waiting list of the Diabetes Caucus. We are in this and pain associated with major surgery for a kidney transplant has increased together, the two of us, notwith- and certainly should be commended for by 174 percent, from 13,943 in 1988 to standing our difference in party affili- their selflessness. Without the sacrifice 38,270 in 1997. ation. of these brave people who decide to The number of cadaveric kidney That is the great thing about the Di- make a donation, thousands more transplants is stagnant, so the fact abetes Caucus, that it looks beyond would die of kidney failure each year. that we are seeing this increase in liv- party affiliation and seeks to find a Madam Speaker, when I first intro- ing donors in recent years is good news cure for diabetes and, thus, help people duced this resolution, former Senator to the many who suffer from kidney who have problems with their kidneys. Jake Garn of Utah called me long dis- failure. We can perform more living So I am very grateful to my col- tance to express his support for the res- donor transplants without either put- league from Colorado, who has worked olution. For, you see, Senator Garn do- ting the donor or recipient in undue so hard and been such a great leader in nated a kidney to his adult daughter; danger because of medical advances. this issue, along with my chairman, and she has lived very well over the In 1995, a new type of procedure was certainly, from the Committee on last few years despite having some developed that made a kidney trans- Commerce, and other Members of this complications from diabetes and other plant a great deal less intrusive and House. diseases.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28893 This resolution means something to Research points to a clear need for incen- United Network for Organ Sharing (UNOS), people out there in the real world, peo- tive programs and public education to increase the current private contractor in charge of dis- ple who have donated and who are organ donation. To help encourage donations turbing organs procured for transplant. A re- waiting for a donation. So my hat is off and to increase the number of organs avail- cent Forbes magazine article characterized to Senator Garn and so many others able for potential donation, I introduced legis- UNOS as ‘‘the organ king: an outfit with life- for the recognition they deserve for lation this Congress, H.R. 941, the ‘‘Gift of Life and-death power over patients waiting for their commitment to their families Congressional Medal Act of 1999.’’ This bill transplants’’ which has ‘‘evolved into a heavy- and their self sacrifice so that other would create a commemorative medal that handed private fiefdom.’’ This bill essentially people can live. honors organ donors and their families. We gives UNOS a monopoly on the contract and I am one, along with the gentle- need to use every possible opportunity to in- the Forbes article provides even further evi- woman from Colorado (Ms. DEGETTE) crease the number of donated organs. This dence of the need to oppose legislation which and the gentleman from Virginia (Mr. Act is intended to draw attention to this life- protects this contractor. BLILEY), who has been a strong sup- saving issue, and to send a clear message We are also currently facing a 90-day mora- porter of medical research. The ad- that donating one’s organs is a selfless act torium effort in the Labor-HHS Appropriations vances made in medical technology are that should receive the profound respect of bill and just last Friday, legislation was intro- what makes this life-saving procedure our Nation. I hope Members would also con- duced to delay the effective date of the HHS possible. sider this effort to increase donations. rule. This delay of the Secretary’s organ allo- As the gentlewoman from Colorado In addition to increasing the number of cation rule would keep the Administration from (Ms. DEGETTE) mentioned, laparoscopic organ donors, it is important that we ensure implementing the important, new HHS regula- nephrectomy is a new technique for ob- our nation’s organ allocation system is fair. tions, strongly supported by evidence from the taining a kidney from a living donor Unfortunately, the current system relies more IoM, and would lead to hundreds more need- that is less invasive and leads to short- on geography than medical urgency. As a re- less deaths. The HHS organ allocation regula- ened hospital stays and recuperation sult, organs are offered first to people in a tion attempts to move to a system based on time. Advances in immuno-suppressive local, regional area and only when there are medical necessity instead of geography with drugs have increased survival rates for no local patients available is the organ offered medical professionals making medical deci- transplant recipients. This is fantastic to sicker patients on a broader level. This sions about the best way to allocate the lim- research that is ongoing that is con- means that some of the most deserving of pa- ited number of donated organs. The rule incor- tinuing in the NIH through the good tients will not receive an organ solely because porates comments from the IoM, transplant work of the chairman of the Com- of where they live or where they undergo community, patients, and the general public to treatment—which often times is a health plan’s mittee on Commerce and others. ensure the neediest patients receive organs decision. As we in the Congress and the Presi- first—regardless of where they live. Further ef- In fact, patient outcome data recently re- dent work through this final detail on leased by the Department of Health and forts to delay this rule are only causing need- the Labor, Health and Human Services Human Services (HHS) suggest a patient’s less deaths. bill, an appropriations bill, I happen to In vetoing the DC-Labor-HHS appropriations chances of getting a new heart or liver and be a member of that committee, it is bill last week, the President called the appro- surviving at least a year greatly varies de- encouraging to they that we have a priations rider that would delay the implemen- pending on where the patient goes for a trans- tation of HHS’ final Organ Procurement and mutual commitment to increase fund- plant. For example, at the University of Kan- ing for biomedical research at the Na- sas Medical Center, 89% of people waiting for Transplantation rule for 90 days ‘‘a highly ob- tional Institutes of Health. liver transplants received them within a year in jectionable provision.’’ As the President stated: It is in the national best interests of the mid-1990s, while at the University of Mary- the HHS rule ‘‘provides a more equitable sys- the country and certainly the interests land in Baltimore, only 21% of patients re- tem of treatment...its implementation of every Member of this House and the ceived livers within a year. Depending on the would likely prevent the deaths of hundreds of other body and the President that we transplant center, a patient’s likelihood of Americans.’’ I would hope that the President’s increase medical research but we also dying within a year of listing for a liver trans- strong opposition to the Appropriations bill’s focus on the absolute sacrifice that is plant can range from 7% to 22%. A system moratorium on the HHS transplant regulation being undertaken every day by selfless that offers a level playing field to all patients will be honored by Congress. people who just want to help save a no matter where they live is in everyone’s best Let’s increase the number of organ donors, life. So I urge my colleagues to support interest—medical urgency rather than geog- make our organ allocation system fair, and this resolution. raphy should be the determining standard. bring an end to all the needless deaths. And I thank, again, the chairman of the Today, as we recognize the generous con- let’s be consistent in our message—vote for Committee on Commerce and the gen- tribution made by each living kidney donor, we H. Res. 94 to recognize those who so gener- tlewoman from Colorado (Ms. here in Congress need to be consistent in our ously give the gift of life. Vote against any ef- DEGETTE) for their great work in pur- message. While we’re encouraging people to fort to remove or delay the Secretary’s legiti- suing this. serve as organ donors, we also have Mem- mate oversight authority and to give a private Ms. DEGETTE. Madam Speaker, I bers introducing legislation that would harm contractor a monopoly over the nation’s organ yield myself such time as I may con- organ donations and would permit geography allocation program. And support a fairer allo- sume. to continue to serve as a barrier to organ allocation system that bases transplant decisions Madam Speaker, again, I would like cation and transplantation. on common medical criteria and pure profes- to thank them for their leadership on For example, the ‘‘Organ Procurement and sional medical opinion and medical need—not this bill. Transplantation Network Amendments of geography. Mr. STARK. Madam Speaker, I rise in sup- 1999’’ (H.R. 2418) would remove HHS’ legiti- Mr. CAPUANO. Madam Speaker, I rise to port of House Resolution 94, in recognition of mate authority to oversee the organ allocation commend those living persons who have the generous gift made by each living person program and would require HHS to rewrite its given the precious gift of life through the self- who has donated a kidney to save a life. Of recently revised organ allocation regulations, less act of donating a kidney. Today I join the those approximately 63,000 Americans cur- while it simultaneously makes data less avail- majority of the Members of Congress in sup- rently awaiting an organ transplant, almost able to the public. If enacted, the transplant porting H. Res. 94, which recognizes the gen- two-thirds are in need of a kidney. Since 1989, center performance data recently released by erous contributions of those who have made more than 250,000 patients with kidney failure HHS would be unavailable to the public. This this sacrifice, and acknowledging the ad- have died. However, with today’s medical ad- harmful legislation would set different alloca- vances in medical technology that have made vances, living kidney transplantation has be- tion policies than recommended by the Insti- living kidney transplants a viable treatment op- come a feasible treatment option for patients tute of Medicine (IoM) and is probably uncon- tion. with end stage renal disease. Unfortunately, stitutional in its delegation of power to a pri- Madam Speaker, on many occasions this the number of people on the waiting list con- vate contractor. session, Congress has debated the costs of tinues to grow more quickly than the number Perhaps most disturbing, H.R. 2418 would health care and health related research. of organ donors. provide unreasonable protections for The These debates would be futile were it not for

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR99\H08NO9.000 H08NO9 28894 CONGRESSIONAL RECORD—HOUSE November 8, 1999 the courage of the living donors who make agreement with a non-Federal entity de- non-Federal entity may not use mechanized specialized medical services, such as kidney scribed in subsection (c), under which the en- transport or motorized equipment— transplants, possible. Today, we have come tity will retain, maintain, and operate at (1) to operate or maintain the water im- together not in debate but rather in over- private expense the water impoundment poundment structures covered by the cooper- structures specified in subsection (b) that ative agreement under subsection (a); or whelming support of those individuals that live are located within the boundaries of the Em- (2) to otherwise conduct activities in the day to day with life threatening kidney ail- igrant Wilderness in the Stanislaus National Emigrant Wilderness pursuant to the cooper- ments as well as the families who support Forest, California, as designated by section ative agreement. these individuals in their time of need. More 2(b) of Public Law 93–632 (88 Stat. 2154; 16 (g) EXPANSION OF AGREEMENT TO COVER AD- importantly, we are here to pay homage to U.S.C. 1132 note). DITIONAL STRUCTURES.—In the case of the six those ordinary heroes, whose contributions to (b) COVERED WATER IMPOUNDMENT STRUC- water impoundment structures located with- medical science will not be measured by TURES.—The cooperative agreement required in the boundaries of the Emigrant Wilder- prominent appearances in medical journals, by subsection (a) shall cover the water im- ness, but not specified in subsection (b), the poundment structures located at the fol- Secretary of Agriculture may expand the but whose actions will be forever recorded in lowing: scope of the cooperative agreement under the hearts and minds of the individuals to (1) Cow Meadow Lake. subsection (a), with the consent of the State whom they have donated a kidney. (2) Y-Meadow Lake. of California and the other party to the Madam Speaker, in my district, I know of (3) Huckleberry Lake. agreement, to include one or more of these numerous life-saving acts that were unselfishly (4) Long Lake. structures, subject to the same terms and committed by individuals whose courage was (5) Lower Buck Lake. conditions as apply to the structures speci- not realized until the idea of kidney donation (6) Leighton Lake. fied in subsection (b). (h) AUTHORIZATION OF APPROPRIATIONS.— was thrust upon them. With this in mind I (7) High Emigrant Lake. (8) Emigrant Meadow Lake. There are authorized to be appropriated to would like to take this opportunity to acknowl- (9) Middle Emigrant Lake. the Secretary of Agriculture $20,000 to cover edge that their actions have not gone unno- (10) Emigrant Lake. administrative costs incurred by the Sec- ticed and to thank these remarkable citizens (11) Snow Lake. retary to comply with the requirements of for their contributions to their families and (12) Bigelow Lake. the National Environmental Policy Act of neighbors. (c) ELIGIBLE ENTITY.—The following non- 1969 (42 U.S.C. 4321 et seq.) in carrying out Ms. DEGETTE. Madam Speaker, I Federal entities are eligible to enter into the this section. yield back the balance of my time. cooperative agreement under subsection (a): The SPEAKER pro tempore. Pursu- Mr. BLILEY. Madam Speaker, I have (1) A non-profit organization as defined in ant to the rule, the gentleman from section 501(c)(3) of the Internal Revenue Code California (Mr. DOOLITTLE) and the no further requests for time, and I of 1986 (26 U.S.C. 501(c)(3)). yield back the balance of my time. (2) The State of California or a political gentleman from California (Mr. The SPEAKER pro tempore (Mrs. subdivision of the State. DOOLEY) each will control 20 minutes. BIGGERT). The question is on the mo- (3) A private individual, organization, cor- The Chair recognizes the gentleman tion offered by the gentleman from poration, or other legal entity. from California (Mr. DOOLITTLE). Virginia (Mr. BLILEY) that the House (d) RESPONSIBILITIES OF THE SECRETARY.— Mr. DOOLITTLE. Madam Speaker, I suspend the rules and agree to the reso- (1) MAP.—The Secretary of Agriculture yield myself such time as I may con- lution, H. Res. 94. shall prepare a map identifying the location, sume. size, and type of each water impoundment The question was taken. Madam Speaker, this legislation, the structure covered by the cooperative agree- Emigrant Wilderness Preservation Act Mr. BLILEY. Madam Speaker, on ment under subsection (a). that I demand the yeas and nays. (2) TERMS AND CONDITIONS OF AGREEMENT.— of 1999, was designed to provide for the The yeas and nays were ordered. The Secretary shall prescribe the terms and maintenance and operation of 18 small The SPEAKER pro tempore. Pursu- conditions of the cooperative agreement, water empowerment structures within ant to clause 8 of rule XX and the which shall set forth the rights and obliga- the Emigrant Wilderness. Chair’s prior announcement, further tions of the Secretary and the non-Federal Similar legislation last Congress, proceedings on this motion will be entity. At a minimum, the cooperative H.R. 1663, received overwhelming sup- agreement shall— postponed. port when it was brought before this (A) require the non-Federal entity to oper- House, passing on the floor by a vote of f ate and maintain the water impoundment 424 to 2. The Emigrant Wilderness’s 18 EMIGRANT WILDERNESS structures covered by the agreement in accordance with a plan of operations approved check dam system was built between PRESERVATION ACT OF 1999 by the Secretary; 1921 and 1954 through the combined ef- Mr. DOOLITTLE. Madam Speaker, I (B) require approval by the Secretary of all forts of the U.S. Forest Service, the move to suspend the rules and pass the operation and maintenance activities to be California Conservation Corps., and bill (H.R. 359) to clarify the intent of conducted by the non-Federal entity; local volunteer groups. Congress in Public Law 93–632 to re- (C) require the non-Federal entity to com- This system works to enhance the ply with all applicable State and Federal en- high elevation lake fisheries and spe- quire the Secretary of Agriculture to vironmental, public health, and safety re- continue to provide for the mainte- quirements; and cies habitat by keeping year-round nance and operation of 18 concrete (D) establish enforcement standards, in- flows in the streams. Although, I feel it dams and weirs that were located in cluding termination of the cooperative is imperative that all 18 dams be main- the Emigrant Wilderness at the time agreement for noncompliance by the non- tained and operated, in an effort to the wilderness area was designated in Federal entity with the terms and condi- move this legislation and allow for the that Public Law, as amended. tions. immediate preservation of the fisheries The Clerk read as follows: (3) COMPLIANCE.—The Secretary shall en- and ecosystem of this area, I have sure that the non-Federal entity remains in come to an agreement with my col- H.R. 359 compliance with the terms and conditions of Be it enacted by the Senate and House of Rep- this section and the cooperative agreement. league the gentleman from California resentatives of the United States of America in (e) RESPONSIBILITIES OF THE NON-FEDERAL (Mr. MILLER). Congress assembled, ENTITY.—The non-Federal entity shall be re- I have submitted an amendment in SECTION 1. SHORT TITLE. sponsible for— the nature of a substitute that has bi- This Act may be cited as the ‘‘Emigrant (1) carrying out its operation and mainte- partisan support decreasing the num- Wilderness Preservation Act of 1999’’. nance activities with respect to the water ber of water empowerment structures SEC. 2. OPERATION AND MAINTENANCE OF CER- impoundment structures covered by the co- preserved in this legislation from 18 to TAIN WATER IMPOUNDMENT STRUC- operative agreement under subsection (a) in 12. TURES IN THE EMIGRANT WILDER- conformance with this section and the coop- H.R. 359 will allow a non-Federal en- NESS, STANISLAUS NATIONAL FOR- erative agreement; and EST, CALIFORNIA. (2) the costs associated with the mainte- tity to pay the cost of maintaining and (a) COOPERATIVE AGREEMENT FOR MAINTE- nance and operation of the structures. repairing these substantially NANCE AND OPERATION.—The Secretary of Ag- (f) PROHIBITION ON USE OF MECHANIZED unnoticeable structures by allowing riculture shall enter into a cooperative TRANSPORT AND MOTORIZED EQUIPMENT.—The the Secretary of Agriculture to enter

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28895 into a cooperative agreement providing tion is not intended to set a precedent SEC. 2. NATURAL RESOURCES-RELATED REPORT- the non-Federal entity the opportunity for other wilderness areas. ING REQUIREMENTS. What is contemplated under the bill (a) PRESERVATION OF CERTAIN REPORTING to conduct the necessary maintenance. REQUIREMENTS.—Section 3003(a)(1) of the By providing for the continued mainte- is that community volunteers would Federal Reports Elimination and Sunset Act nance and operation of these 12 struc- offer their time and effort and perform of 1995 (Public Law 104–66; 31 U.S.C. 1113 tures, we will protect the stream flow the necessary work under the super- note) does not apply to any report required system within the Emigrant Wilder- vision and according to standards set to be submitted under any of the following ness that for over 70 years has main- by the Forest Service. As amended, the provisions of law: tained an ecosystem of lakes, streams, bill provides that the 12 structures (1) TRANS-ALASKA PIPELINE LIABILITY FUND AUDITS.—Section 204(c)(4)(A) of Public Law and meadows upon which many species, identified by the Department of Fish 93–153 (43 U.S.C. 1653(c)(4)(A)). including the great American bald and Game be considered as priorities (2) DIRECT REVIEW OF FINAL DECISIONS OF eagle, depend. for retention. One or more of the other HIGHEST COURT OF GUAM.—Section 22B of the If these small, unnoticeable struc- six structures may also be eligible for Act of August 1, 1950 (chapter 512; 48 U.S.C. tures are allowed to deteriorate, many maintenance, subject to the consent of 1424–2). of the lakes and streams will dry up the Forest Service and the State of (3) DIRECT REVIEW OF FINAL DECISIONS OF during the summer and fall months, re- California. HIGHEST COURT OF VIRGIN ISLANDS.—Section Madam Speaker, I also would note 23 of the Act of July 22, 1954 (chapter 558; 48 sulting in negative impacts on the eco- U.S.C. 1613). system fisheries, recreation, and the that the legislation has been endorsed (4) NATIONAL ENERGY POLICY PLAN AND RE- area’s tourism economy. by California Trout, Trout Unlimited, LATED REPORT.—Subsections (b) and (c) of Madam speaker, I offer this amend- and the Backcountry Horsemen of Cali- section 801 of Public Law 95–91 (42 U.S.C. ment in the nature of a substitute as a fornia, whose members are interested 7321). bipartisan effort to preserve and pro- in volunteering time to do the repairs. (5) CERTIFICATION REGARDING TAKING OF tect the important historical research In closing, I want to recognize the CERTAIN SEA TURTLES.—Section 609(b)(2) of work that the gentleman from Cali- Public Law 101–162 (103 Stat. 1038; 16 U.S.C. within the Emigrant Wilderness. It is 1537 note). fornia (Mr. DOOLITTLE) has done on this my hope that we can move this bill for- (6) INTERNATIONAL FISHERY CONSERVATION ward with the same resounding support bill. I urge support for it from our col- OR PROTECTION OF ENDANGERED OR THREAT- it had last Congress. leagues. ENED SPECIES.—Section 8(b) of the Act of Au- I ask for the support of my col- Madam Speaker, I yield back the bal- gust 27, 1954 (chapter 1018; 22 U.S.C. 1978(b)). leagues and urge them to vote for this ance of my time. (7) PHOSPHATE LEASING IN OSCEOLA NA- legislation. Mr. DOOLITTLE. Madam Speaker, I TIONAL FOREST, FLORIDA.—Section 5(1) of have no further requests for time, and Public Law 98–430 (98 Stat. 1666). b 1445 I yield back the balance of my time. (8) PERTINENT PUBLIC INFORMATION RELAT- Mr. DOOLEY of California. Madam The SPEAKER pro tempore (Mrs. ING TO MINERALS IN ALASKA.—Section 1011 of Public Law 96–487 (16 U.S.C. 3151). BIGGERT). The question is on the mo- Speaker, I yield myself such time as I (9) TRANSPORTATION OR UTILITY SYSTEMS may consume. tion offered by the gentleman from WITHIN CONSERVATION SYSTEM UNITS OR ANY Madam Speaker, I rise in support of California (Mr. DOOLITTLE) that the WILDERNESS AREA IN ALASKA.—Section this legislation. This bill would author- House suspend the rules and pass the 1106(b)(2) of Public Law 96–487 (16 U.S.C. ize the Forest Service to continue to bill, H.R. 359, as amended. 3166(b)(2)). maintain small water impoundment The question was taken; and (two- (10) WITHDRAWALS OF MORE THAN 5,000 ACRES structures located within the Emigrant thirds having voted in favor thereof) OF PUBLIC LANDS IN ALASKA.—Section 1326(a) the rules were suspended and the bill, of Public Law 96–487 (16 U.S.C. 3213(a)). Wilderness Area of the Stanislaus Na- (11) MINERAL EXPLORATION, DEVELOPMENT, tional Forest in California. The legisla- as amended, was passed. OR EXTRACTION ON PUBLIC LANDS IN ALASKA.— tion was reported unanimously by the The title of the bill was amended so Section 1502 of Public Law 96–487 (16 U.S.C. Committee on Resources on May 5 of as to read: ‘‘A bill to clarify the intent 3232). this year, and it has been further re- of Congress in Public Law 93–632 to re- (12) EFFECT OF EXPORT OF OIL OR GAS FROM fined by the sponsor to reflect prior- quire the Secretary of Agriculture to OUTER CONTINENTAL SHELF ON RELIANCE ON IM- ities of the California Department of continue to provide for the mainte- PORTS.—Section 28(c) of the Act of August 7, 1953 (chapter 345; 43 U.S.C. 1354(c)). Fish and Game. nance and operation of certain water impoundment structures that were lo- (13) ACTIVITIES OF FEDERAL AGENCIES IN THE The 18 small dams and weirs at issue MARINE SCIENCES.—Section 7 of Public Law were built earlier in this century and cated in the Emigrant Wilderness at 89–454 (33 U.S.C. 1106(a)). were in existence long before Congress the time the wilderness area was des- (14) PROPOSED CONSTITUTION FOR GUAM.— designated the Emigrant Wilderness in ignated in that Public Law.’’. Section 5 of Public Law 94–584 (48 U.S.C. note 1974. In fact, seven other structures are A motion to reconsider was laid on prec. 1391), as it relates to the submission of eligible for the National Register of the table. a proposed constitution for Guam. Historic Places. For many years after f (15) CERTAIN AGREEMENTS WITH THE FED- ERATED STATES OF MICRONESIA OR THE MAR- the wilderness was created, several RESOURCES REPORTS SHALL ISLANDS.—Paragraphs (2) and (5) of structures were maintained for their RESTORATION ACT section 101(f) of Public Law 99–239 (48 U.S.C. recreational fisheries values by the Mr. DOOLITTLE. Madam Speaker, I 1901(f)(2) and (5)). California Department of Fish and (16) DETERMINATION THAT THE GOVERNMENTS move to suspend the rules and pass the Game. OF THE MARSHALL ISLANDS AND THE FED- bill (H.R. 3002) to provide for the con- While it is clear that Congress was ERATED STATES OF MICRONESIA SHALL REFRAIN tinued preparation of certain useful re- well aware of the water impoundment FROM ACTIONS INCOMPATIBLE WITH UNITED ports concerning public lands, Native STATES AUTHORITY AND RESPONSIBILITY FOR structures when the wilderness was Americans, fisheries, wildlife, insular SECURITY AND DEFENSE MATTERS.—Section 313 created in 1974, the authority for con- areas, and other natural resources-re- of the Compact of Free Association between tinued maintenance has been brought lated matters, and to repeal provisions the United States and the Governments of into question. Accordingly, the purpose of law regarding terminated reporting the Marshall Islands and the Federated of this bill is to authorize a public States of Micronesia, as contained in section requirements concerning such matters. 201 of Public Law 99–239 (48 U.S.C. 1901 note). process, consistent with NEPA, for the The Clerk read as follows: Forest Service to determine the levels (17) IMPACT OF THE COMPACT OF FREE ASSO- H.R. 3002 of necessary maintenance. CIATION ON UNITED STATES TERRITORIES AND Be it enacted by the Senate and House of Rep- It is important to recognize that COMMONWEALTHS AND ON HAWAII.—Section resentatives of the United States of America in 104(e)(2) of Public Law 99–239 (48 U.S.C. nothing in the legislation provides for Congress assembled, 1904(e)(2)). any authority for motorized intrusion SECTION 1. SHORT TITLE. (18) LAW ENFORCEMENT ASSISTANCE AGREE- in the wilderness area. This is a very This Act may be cited as the ‘‘Resources MENTS BETWEEN UNITED STATES AND FED- unique circumstance and the legisla- Reports Restoration Act’’. ERATED STATES OF MICRONESIA.—Section

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102(a)(4) of Public Law 99–239 (48 U.S.C. (42) ADMINISTRATION OF THE DEEP SEABED (64) FEASIBILITY OR DESIRABILITY OF DESIG- 1902(a)(4)). HARD MINERAL RESOURCES ACT.—Section 309 NATING OTHER TRAILS AS NATIONAL SCENIC OR (19) DETERMINATION REGARDING TRANSFER of Public Law 96–283 (30 U.S.C. 1469). NATIONAL HISTORIC TRAILS.—Section 5(b) of OF FUNDS AVAILABLE UNDER THE COMPACT OF (43) EFFECT OF ANY INTERNATIONAL AGREE- Public Law 90–543 (16 U.S.C. 1244(b)). FREE ASSOCIATION TO THE FEDERATED STATES MENT GOVERNING DEEP SEABED MINING.—Sec- (65) DETERMINATION THAT A COMMEMORATIVE OF MICRONESIA AND THE MARSHALL ISLANDS TO tion 202 of Public Law 96–283 (30 U.S.C. 1442). WORK SHOULD BE LOCATED IN AREA I, WASH- ACCOUNTS FOR PAYMENT TO OWNERS OF SEIZED (44) DECONTAMINATION EFFORTS ON PUBLIC INGTON, D.C.—Section 6(a) of Public Law 99– FISHING VESSELS.—Section 104(f)(3) of Public LANDS WITHDRAWN FOR MILITARY AND DE- 652 (40 U.S.C. 1006(a)). Law 99–239 (48 U.S.C. 1904(f)(3)). FENSE-RELATED PURPOSES IN NEVADA AND (66) PROPOSED PLAN FOR DESIGNATION OF (20) LAW ENFORCEMENT ASSISTANCE AGREE- COST ESTIMATES.—Section 7(b) of Public Law SITE TO DISPLAY COMMEMORATIVE WORK ON A MENTS BETWEEN UNITED STATES AND MAR- 99–606 (100 Stat. 3464). TEMPORARY BASIS IN THE DISTRICT OF COLUM- SHALL ISLANDS.—Section 103(a)(4) of Public (45) INSULAR AREAS STUDY.—Section 1406(a) BIA.—Section 9 of Public Law 99–652 (40 Law 99–239 (48 U.S.C. 1903(a)(4)). of Public Law 102–486 (106 Stat. 2995). U.S.C. 1009). (21) GOVERNING INTERNATIONAL FISHERY (46) ACTIVITIES UNDER THE COAL RESEARCH (67) OIL AND GAS LEASING, EXPLORATION, AGREEMENTS.—Section 203(a) of Public Law ACT.—Section 7 of Public Law 86–599 (30 94–265 (16 U.S.C. 1823(a)). U.S.C. 667). AND DEVELOPMENT ACTIVITIES ON NONNORTH SLOPE FEDERAL LANDS IN ALASKA.—Section (22) REPORT OF THE WORK OF RIVER BASIN (47) AFRICAN ELEPHANT ADVISORY FUND AND 1008(b)(4) of Public Law 96–487 (16 U.S.C. COMMISSIONS.—Section 204(2) of Public Law STATUS OF ELEPHANT.—Section 2103 of Public 89–80 (42 U.S.C. 1962b–3(2)). Law 100–478 (102 Stat. 2317; 16 U.S.C. 4213). 3148(b)(4)). (23) ENVIRONMENTAL QUALITY REPORT.—Sec- (48) STATUS OF ALL MARINE MAMMAL SPECIES (68) IMPLEMENTATION OF THE FEDERAL OIL tion 201 of Public Law 91–190 (42 U.S.C. 4341). AND POPULATION STOCKS SUBJECT TO THE PRO- AND GAS ROYALTY MANAGEMENT ACT OF 1982.— (24) AGENCY COMPLIANCE WITH THE COASTAL VISIONS OF THE MARINE MAMMAL PROTECTION Section 302 of Public Law 97–451 (30 U.S.C. BARRIER RESOURCES ACT.—Section 7 of the ACT OF 1972.—Section 103(f) of Public Law 92– 1752). Coastal Barrier Resources Act (16 U.S.C. 522 (16 U.S.C. 1373(f)). (69) DELINQUENT ROYALTY ACCOUNTS UNDER 3506). (49) EXPENDITURES FOR THE CONSERVATION LEASES ON FEDERAL LANDS.—Section 602 of (25) LIVESTOCK GRAZING IN CERTAIN DES- OF ENDANGERED OR THREATENED SPECIES.— Public Law 95–372 (30 U.S.C. 237). IGNATED WILDERNESS AREAS.—Section 6(c) of Section 18 of Public Law 93–205 (16 U.S.C. (70) USE OF MODIFIED OR OTHER BIDDING SYS- Public Law 101–195 (103 Stat. 1787). 1544). TEM, AND TRACTS OFFERED FOR LEASE, UNDER EHABILITATION NEEDS OF FOREST SERV (26) R - (50) FINAL DECISION OF ANY CLAIM CHAL- OUTER CONTINENTAL SHELF LANDS ACT.—Sec- ICE REGIONS DUE TO FOREST FIRE DAMAGE.— LENGING THE PARTITION OF JOINT RESERVA- tion 8(a) of the Act of August 7, 1953 (chapter Section 202 of Public Law 101–286 (104 Stat. TION.—Section 14(c)(1) of Public Law 100–580 345; 43 U.S.C. 1337(a)). 174; 16 U.S.C. 551b). (102 Stat. 2936; 25 U.S.C. 1300i–11(c)(1)). (71) PROPOSED OIL AND GAS LEASING PRO- (27) NATIONAL FOREST SYSTEM REFOREST- (51) CONSERVATION PLANS FOR REFUGES ES- GRAMS FOR OUTER CONTINENTAL SHELF ATION NEEDS.—Section 3(d)(1) of Public Law TABLISHED, REDESIGNATED, OR EXPANDED BY 93–378 (16 U.S.C. 1601(d)(1)). LANDS.—Section 18(d)(2) of the Act of August ALASKA NATIONAL INTEREST LANDS CONSERVA- (28) DOMESTIC FOREST ECOSYSTEMS RE- 7, 1953 (chapter 345; 43 U.S.C. 1344(d)(2)). TION ACT.—Section 304(g)(6)(D) of Public Law SEARCH PROGRAM.—Section 3(c)(4) of Public (72) ENVIRONMENTAL EFFECTS OF ACTIVITIES 96–487 (94 Stat. 2395). Law 95–307 (16 U.S.C. 1642(c)(4)). UNDER THE OUTER CONTINENTAL SHELF LANDS (52) MANAGEMENT OF CALIFORNIA DESERT (29) IMPLEMENTATION OF ARCHAEOLOGICAL ACT.—Section 20(e) of the Act of August 7, CONSERVATION AREA.—Section 601(i) of Public RESOURCES PROTECTION ACT OF 1979.—Section 1953 (chapter 345; 43 U.S.C. 1346(e)). Law 94–579 (43 U.S.C. 1781(i)). 10(a) of Public Law 96–55 (16 U.S.C. 470ii(a)). (73) FINANCIAL DISCLOSURES OF EMPLOYEES (53) FINANCIAL DISCLOSURES OF EMPLOYEES (30) NATIONAL WILDERNESS PRESERVATION PERFORMING FUNCTIONS UNDER THE OUTER PERFORMING FUNCTIONS UNDER THE FEDERAL SYSTEM.—Section 7 of Public Law 88–577 (16 CONTINENTAL SHELF LANDS ACT OR THE OUTER LAND POLICY AND MANAGEMENT ACT OF 1976.— U.S.C. 1136). Section 313(b) of Public Law 94–579 (43 U.S.C. CONTINENTAL SHELF LANDS ACT AMENDMENTS (31) BOUNDARY ADJUSTMENTS, ALASKA UNITS 1743(b)). OF 1978.—Section 605(b)(2) of Public Law 95– OF WILD AND SCENIC RIVERS, NATIONAL WILDER- 372 (43 U.S.C. 1864(b)(2)). (54) THREATENED AREAS ON REGISTRIES OF NESS PRESERVATION, OR NATIONAL FOREST SYS- NATIONAL LANDMARKS AND NATIONAL REGISTER (74) ESTIMATED RESERVES OF OIL AND GAS IN TEMS.—Section 103(b) of Public Law 96–487 (16 OUTER CONTINENTAL SHELF.—Section 606 of U.S.C. 3103(b)). OF HISTORIC PLACES AND AREAS OF NATIONAL SIGNIFICANCE WITH POTENTIAL FOR INCLUSION Public Law 95–372 (43 U.S.C. 1865). (32) STATUS OF TONGASS NATIONAL FOREST, IN THE NATIONAL PARK SYSTEM (75) EXPENDITURES OF FUNDS RECOVERED ALASKA.—Section 706(b) of Public Law 96–487 .—Section 8 of WITH RESPECT TO DAMAGE TO NATIONAL PARK (16 U.S.C. 539e(b)). Public Law 91–383 (16 U.S.C. 1a–5). RESOURCES.—Section 4(d) of Public Law 101– (33) BOUNDARIES, CLASSIFICATIONS, AND DE- (55) RESULTS OF LAND ACQUISITION NEGOTIA- 337 (16 U.S.C. 19jj–3). VELOPMENT PLANS FOR WILD AND SCENIC RIV- TIONS WITH KOOTZNOOWOO, INC.—Section (76) STATUS OF NATIONWIDE GEOLOGICAL ERS SYSTEM.—Section 3(b) of Public Law 90– 506(a)(9) of Public Law 96–487 (94 Stat. 2406; 542 (16 U.S.C. 1274(b)). 104 Stat. 469). MAPPING PROGRAM.—Section 8 of Public Law (34) DOCUMENTS RELATING TO PROPOSAL TO (56) ACTIVITIES UNDER THE SURFACE MINING 102–285 (43 U.S.C. 31g). DESIGNATE NATIONAL MARINE SANCTUARY.— CONTROL AND RECLAMATION ACT OF 1977.—Sec- (77) MODIFICATION OR AMENDMENT OF LAND Section 304(a)(1)(C) of Public Law 92–532 (16 tions 201(f), 517(g), and 705 of Public Law 95– EXCHANGE AGREEMENT BETWEEN THE UNITED U.S.C. 1434(a)(1)(C)). 87 (30 U.S.C. 1211(f), 1267(g), 1295). STATES AND THE GOLDBELT AND SEALASKA (35) NOTICE OF DESIGNATION OF MARINE (57) RECEIPTS, EXPENDITURES, AND WORK OF CORPORATIONS.—Section 506(b) of Public Law SANCTUARY.—Section 304(b) of Public Law 92– ALL STATE MINING AND MINERAL RESOURCES 96–487 (94 Stat. 2409). 532 (16 U.S.C. 1434(b)). RESEARCH INSTITUTES.—Section 4(c) of Public (78) SUBSISTENCE MANAGEMENT AND USE OF (36) NATURE, EXTENT, AND EFFECTS OF Law 98–409 (30 U.S.C. 1224(c)). PUBLIC LANDS IN ALASKA.—Section 813 of Pub- DRIFTNET FISHING IN WATERS OF NORTH PA- (58) OPERATIONS UNDER THE ABANDONED lic Law 96–487 (16 U.S.C. 3123). CIFIC OCEAN ON MARINE RESOURCES OF UNITED MINE RECLAMATION FUND.—Section 411 of Pub- (79) PROPOSED EXCLUSION OF ANY PRINCIPAL STATES.—Section 4005(a) of Public Law 100– lic Law 95–87 (30 U.S.C. 1241). OR MAJOR USE FOR 2 OR MORE YEARS ON ANY (59) EFFECTIVENESS OF STATE ANTHRACITE 220 (101 Stat. 1478; 16 U.S.C. 1822 note). TRACT OF PUBLIC LAND OF 100,000 ACRES OR COAL MINE REGULATORY PROGRAMS.—Section (37) BLUEFIN TUNA.—Section 3 of Public MORE.—Section 202(e)(2) of Public Law 94–579 529(b) of Public Law 95–87 (30 U.S.C. 1279(b)). Law 96–339 (16 U.S.C. 971i). (43 U.S.C. 1712(e)(2)). (38) FAIR MARKET VALUE AT THE TIME OF THE (60) RESEARCH AND DEMONSTRATION (80) DESIGNATION OF ANY TRACT OF PUBLIC TRANSFER OF ALL REAL AND PERSONAL PROP- PROJECTS IN ALTERNATIVE COAL MINING TECH- LAND EXCEEDING 2,500 ACRES FOR SALE.—Sec- ERTY CONVEYED ON THE PRIBILOF ISLANDS.— NOLOGIES.—Section 908(d) of Public Law 95–87 tion 203(c) of Public Law 94–579 (43 U.S.C. Section 205(c) of Public Law 89–702 (16 U.S.C. (30 U.S.C. 1328(d)). 1713(c)). 1165(c)). (61) AIR TRAFFIC ABOVE GRAND CANYON (2 RE- (81) NOTICE OF LAND WITHDRAWALS AGGRE- (39) COASTAL ZONE MANAGEMENT.—Section PORTS).—Section 3 of Public Law 100–91 (16 316 of Public Law 89–454 (16 U.S.C. 1462). U.S.C. 1a–1 note) and section 134 of Public GATING 5,000 ACRES OR MORE.—Section 204(c) of (40) ADMINISTRATION OF THE OCEAN THERMAL Law 102–581 (16 U.S.C. 1a–1 note). Public Law 94–579 (43 U.S.C. 1714(c)). ENERGY CONVERSION ACT OF 1980.—Section 405 (62) DEVELOPMENT OF FACILITIES FOR NA- (82) PUBLIC LANDS PROGRAM.—Section 311(a) of Public Law 96–320 (42 U.S.C. 9165). TIONAL PARK SYSTEM.—Section 12(a) of Public of Public Law 94–579 (43 U.S.C. 1741(a)). (41) COOPERATIVE PROGRAM FOR THE DEVEL- Law 91–383 (16 U.S.C. 1a–7(a)). (83) FUTURE FUNDING NEEDS ON BIKINI OPMENT OF TUNA AND OTHER LATENT FISHERY (63) STATUS OF COMPLETION OR REVISION OF ATOLL.—Any provision in title I of Public RESOURCES OF THE CENTRAL WESTERN, AND GENERAL MANAGEMENT PLANS FOR THE NA- Law 100–446, under the heading ‘‘TERRITORIAL SOUTH PACIFIC OCEAN.—Section 4 of Public TIONAL PARK SYSTEM.—Section 12(b) of Public AND INTERNATIONAL AFFAIRS—COMPACT OF Law 92–444 (16 U.S.C. 758e–1a). Law 91–383 (16 U.S.C. 1a–7(b)). FREE ASSOCIATION’’ (102 Stat. 1798).

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(84) PROPOSED TRANSPORTATION OR STORAGE (105) ACTIVITIES OF THE WOLF TRAP FOUNDA- (128) ANNUAL FINANCIAL REPORTS REGARDING OF SPENT NUCLEAR FUEL OR HIGH-LEVEL RADIO- TION FOR THE PERFORMING ARTS.—Section MARSHALL ISLANDS, MICRONESIA, PALAU, AND ACTIVE WASTE ON ANY UNITED STATES TERRI- 5(c)(2) of Public Law 89–671 (16 U.S.C. NORTHERN MARIANA ISLANDS.—Section 5 of TORY OR POSSESSION.—Section 605 of Public 284d(c)(2)). Public Law 92–257 (48 U.S.C. 1692). Law 96–205 (48 U.S.C. 1491). (106) ALEUTIAN AND PRIBILOF RESTITUTION (b) REPEAL OF CERTAIN TERMINATED RE- (85) UNITED STATES NONCONTIGUOUS PACIFIC FUND FINANCIAL CONDITION AND OPERATIONS.— PORTING REQUIREMENTS.— AREAS POLICY.—Section 302 of Public Law 99– Section 203 of Public Law 100–383 (50 U.S.C. (1) AUDIT AND REPORT REGARDING GLEN CAN- 239 (48 U.S.C. 2002). App. 1989c–2). YON DAM.—Section 1804(b)(2) of Public Law (86) ACTUAL OPERATIONS UNDER ADOPTED (107) DEEP SEABED REVENUE SHARING TRUST 102–575 (106 Stat. 4670) is amended by striking CRITERIA FOR COORDINATED LONG-RANGE OPER- FUND.—Section 403(c)(1) of Public Law 96–283 ‘‘and the Congress’’. ATION OF COLORADO RIVER RESERVOIRS.—Sec- (30 U.S.C. 1472(c)(1)). (2) AUDIT OF CENTRAL UTAH PROJECT COST tion 602(b) of Public Law 90–537 (43 U.S.C. (108) WILD AND FREE ROAMING HORSES AND ALLOCATIONS.—Section 211 of Public Law 102– 1552(b)). BURROS ON PUBLIC LANDS.—Section 11 of Pub- 575 (106 Stat. 4624) is amended in the first (87) STUDIES ON COLORADO RIVER WATER lic Law 92–195 (16 U.S.C. 1340). sentence by striking ‘‘and to the Congress’’. QUALITY.—Section 206 of Public Law 93–320 (109) UNDER SECRETARY OF COMMERCE FOR (3) DELAWARE WATER GAP NATIONAL RECRE- (43 U.S.C. 1596). OCEANS AND ATMOSPHERE SUBMISSION OF RE- ATION AREA CITIZEN ADVISORY FINDINGS AND (88) APPROVAL OF PROJECTS UNDER THE SULTS OF ENVIRONMENTAL AND MONITORING AC- CONCLUSIONS.—Section 4 of Public Law 100– SMALL RECLAMATION PROJECTS ACT AND PRO- TIVITIES.—Section 1002(j)(4) of Public Law 573 (16 U.S.C. 640o note; 102 Stat. 2891) is POSALS RECEIVED.—Sections 4(c) and 10 of the 100–688 (33 U.S.C. 1414b(j)(4)). amended by striking ‘‘and to each House of Act of August 6, 1956 (43 U.S.C. 422d(c), 422j). (110) REVIEW OF AND RECOMMENDATIONS CON- the Congress’’. (89) DEFERMENTS OF PAYMENTS FOR REC- CERNING THE DEFINITION OF ‘‘UNPROCESSED (4) PROPOSED SETTLEMENT AGREEMENT RE- LAMATION PROJECTS.—Section 17(b) of the Act TIMBER’’.—Section 495(b) of Public Law 101– GARDING WESTLANDS WATER DISTRICT V. of August 4, 1939 (43 U.S.C. 485b–1(b)). 382 (104 Stat. 725). UNITED STATES, ET AL.—Section 122 of Public (90) PROPOSED CONTRACTS FOR DRAINAGE (111) NATIONAL WILDERNESS PRESERVATION Law 99–190 (99 Stat. 1320) is amended by WORKS AND MINOR CONSTRUCTION OVER $200,000 SYSTEM.—Section 7 of Public Law 88–577 (16 striking ‘‘until:’’ and all that follows ON FEDERAL RECLAMATION PROJECTS.—The U.S.C. 1136). through the end of the section and inserting Act of June 13, 1956 (43 U.S.C. 505). (112) NOTICE OF INTENTION TO INTERCHANGE ‘‘until April 15, 1986.’’. (91) BUDGET FOR OPERATIONS FINANCED BY LANDS.—Section 1 of the Act of July 26, 1956 (5) LOANS, GRANTS, ASSISTANCE PROVIDED THE LOWER COLORADO RIVER BASIN DEVELOP- (16 U.S.C. 505a). UNDER THE SOUTHWESTERN PENNSYLVANIA MENT FUND EPORTS REGARDING CHATTAHOOCHEE .—Section 403(i) of Public Law 90– (113) R HERITAGE PRESERVATION COMMISSION ACT.— 537 (43 U.S.C. 1543(i)). RIVER NATIONAL RECREATION AREA.—Section Section 104(b) of Public Law 100–698 (102 Stat. (92) BUDGET FOR OPERATIONS FINANCED BY 104(b) of Public Law 95–344 (16 U.S.C. 460ii– 4621; 16 U.S.C. 461 note) is amended by strik- THE UPPER COLORADO RIVER BASIN FUND.—Sec- 3(b)). ing all after the first sentence. tion 5(g) of the Act of April 11, 1956 (43 U.S.C. (114) ANNUAL REPORT OF ADVISORY COUNCIL (6) PETROGLYPH NATIONAL MONUMENT; ROCK 620d(g)). ON COAL RESEARCH.—Section 805(c) of Public ART REPORT.—Public Law 101–313 (16 U.S.C. NNUAL CONSUMPTIVE USE AND LOSSES Law 95–87 (30 U.S.C. 1315(c)). (93) A 431 note) is amended— OF WATER FROM THE COLORADO RIVER SYS- (115) REPORTS OF ADVISORY COUNCIL ON HIS- (A) in section 108— TEM.—Section 601(b) of Public Law 90–537 (43 TORIC PRESERVATION.—Section 202(b) of the (i) in subsection (a) (104 Stat. 275; relating U.S.C. 1551(b)). National Historic Preservation Act (Public to a general management plan for (94) FINDINGS AND TECHNICAL DATA ON DAMS Law 89–665; 16 U.S.C. 470j(b)). Petroglyph National Monument) by striking REQUIRING STRUCTURAL MODIFICATION.—Sec- (116) ANNUAL REPORT OF ALASKA LAND USE ‘‘and transmit’’ and all that follows through tion 5 of Public Law 95–578 (43 U.S.C. 509). COUNCIL.—Section 1201(g) of the Alaska Na- ‘‘Representatives,’’; and (95) STATUS OF REVENUES FROM AND COSTS tional Interest Lands Conservation Act (16 (ii) in subsection (c) (104 Stat. 276; relating RELATED TO THE COLORADO RIVER STORAGE U.S.C. 3181(g)). to a report regarding rock art) by striking PROJECT.—Section 6 of the Act of April 11, (117) NATIONAL PLAN FOR RESEARCH IN MIN- ‘‘The Secretary shall provide’’ and all that 1956 (43 U.S.C. 620e). ING AND MINERAL RESOURCES.—Section 9(e) of follows through the end of the subsection; (96) AUDIT OF THE FINANCIAL REPORT SUB- Public Law 98–409 (30 U.S.C. 1229(e)). and MITTED BY GOVERNOR OF GUAM.—Section 6 of (118) PREPARATION OF LEVEL B PLANS.—Sec- Public Law 90–601 (48 U.S.C. 1428d). tion 209 of the Federal Water Pollution Con- (B) in section 111 (104 Stat. 278) by striking all after the first sentence (relating to a re- (97) ACTIVITIES, VIEWS, AND RECOMMENDA- trol Act (33 U.S.C. 1289). TIONS OF NATIONAL INDIAN GAMING COMMIS- (119) REPORTS ON NATIONAL ESTUARY PRO- port on the status of a Petroglyph National SION.—Section 7(c) of Public Law 100–497 (25 GRAM RESEARCH.—Section 320(j)(2) of the Fed- Monument expansion agreement). U.S.C. 2706(c)). eral Water Pollution Control Act (33 U.S.C. (7) GENERAL MANAGEMENT PLAN FOR THE (98) FULL AND COMPREHENSIVE REPORT ON 1350(j)(2)). PECOS NATIONAL HISTORIC PARK.—Section 205 THE DEVELOPMENT OF SOUTHERN END OF ELLIS (120) ANNUAL REPORT OF MARINE MAMMAL of Public Law 101–313 (16 U.S.C. 410rr–4; 104 ISLAND.—The proviso in title I of Public Law COMMISSION.—Section 204 of the Marine Stat. 279) is amended by striking ‘‘and trans- 101–512 that relates to Ellis Island (104 Stat Mammal Protection Act of 1972 (Public Law mit’’ and all that follows through ‘‘Rep- 1923). 92–522; 16 U.S.C. 1404). resentatives,’’. (99) COST OF DETAILED PERSONNEL AND (121) ANNUAL REPORT OF WETLANDS CON- (8) WEIR FARM NATIONAL HISTORIC SITE, CON- EQUIPMENT FROM OTHER AGENCIES.—Section SERVATION PROJECTS.—Section 5(f) of the NECTICUT, GENERAL MANAGEMENT PLAN.—Sec- 1(2) of the Act of March 3, 1885 (16 U.S.C. North American Wetlands Conservation Act tion 6(d) of Public Law 101–485 (104 Stat. 1172; 743a(c)). (Public Law 101–233; 16 U.S.C. 4404). 16 U.S.C. 461 note) is amended by striking (100) AUDIT OF FINANCIAL REPORT, COMMON- (122) ANNUAL REPORT OF MIGRATORY BIRD ‘‘submit to the Committee’’ and all that fol- WEALTH OF THE NORTHERN MARIANA ISLANDS.— CONSERVATION COMMISSION.—Section 3 of the lows through ‘‘Senate’’ and inserting ‘‘pre- Section 5 of Public Law 92–257 (48 U.S.C. Migratory Bird Conservation Act (16 U.S.C. pare’’. 1692), as such section relates to the Common- 715b). (9) REPORTS RELATING TO LOWELL NATIONAL wealth of the Northern Mariana Islands. (123) REPORTS REGARDING LAND CONVEY- HISTORIC PARK OR THE LOWELL PRESERVATION (101) GOVERNMENTS OF THE FEDERATED ANCE, PRINCE GEORGE’S COUNTY, MARYLAND.— DISTRICT.—Public Law 95–290 is amended— STATES OF MICRONESIA AND THE MARSHALL IS- Public Law 99–215 (99 Stat. 1724). (A) in section 101(b) (16 U.S.C. 410cc–11(b); LANDS: IMPLEMENTATION OF PLANS AND USE OF (124) ANNUAL REPORT OF PACIFIC NORTHWEST relating to revisions of boundaries of the FUNDS FOR GRANT ASSISTANCE IN THE COMPACT ELECTRIC POWER AND CONSERVATION PLANNING Lowell National Historic Park or the Lowell OF FREE ASSOCIATION.—Section 211(c) of the COUNCIL.—Section 4(h)(12)(A) of the Pacific Preservation District) by striking the last Compact of Free Association, as set forth in Northwest Electric Power Planning and Con- sentence; section 201 of Public Law 99–239 (48 U.S.C. servation Act (16 U.S.C. 839b(h)(12)(A)). (B) in section 103 (16 U.S.C. 410cc–13; relat- 1901 note). (125) AUDIT OF TRANS-ALASKA PIPELINE SYS- ing to amounts expended by Massachusetts, (102) COMPREHENSIVE FINANCIAL REPORTS OF TEM.—Subsections (b)(1) and (b)(5) of section the City of Lowell, and other nonprofit enti- THE GOVERNOR OF GUAM.—Section 6 of the Act 8103 of Public Law 101–380 (104 Stat. 568; 43 ties), by striking subsection (d) and inserting of August 1, 1950 (48 U.S.C. 1422). U.S.C. 1651 note). the following new subsection: (103) COMPREHENSIVE FINANCIAL REPORT OF (126) ANNUAL REPORT OF NATIONAL FISH AND ‘‘(d) The aggregate amount of funds made THE GOVERNOR OF THE VIRGIN ISLANDS.—Sec- WILDLIFE FOUNDATION.—Section 7(b) of the available by the Secretary to the Commis- tion 11 of the Act of July 22, 1954 (48 U.S.C. National Fish and Wildlife Foundation Es- sion from funds appropriated under sub- 1591). tablishment Act (16 U.S.C. 3706(b)). section (a)(2) may not exceed the amount ex- (104) COMPREHENSIVE FINANCIAL REPORT OF (127) ANNUAL REPORT OF NATIONAL PARK pended by the Commonwealth of Massachu- THE GOVERNOR OF AMERICAN SAMOA.—Section FOUNDATION.—Section 10 of Public Law 90–209 setts, the city of Lowell, and any nonprofit 501(a) of Public Law 96–205 (48 U.S.C. 1668(a)). (16 U.S.C. 19n). entity for activities in the city of Lowell

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28898 CONGRESSIONAL RECORD—HOUSE November 8, 1999 consistent with the purpose of this Act since States Groundwater Demonstration Program Improvement Act (25 U.S.C. 1621r) is amend- January 1, 1974.’’; Act of 1983 (Public Law 98–434; 43 U.S.C. 390g– ed by striking subsection (c). (C) in section 201(b) (16 U.S.C. 410cc–21(b); 2(c)) is amended by striking paragraph (2) (39) IMPLEMENTATION OF INDIAN HEALTH relating to a park management plan for the and redesignating paragraphs (3), (4), and (5) CARE IMPROVEMENT ACT.—Section 801 of the Lowell National Historical Park and revi- as paragraphs (2), (3), and (4), respectively. Indian Health Care Improvement Act (25 sions thereto)— (24) CONDITIONS ON CONSTRUCTION OF U.S.C. 1671) is amended— (i) in paragraph (1) by striking ‘‘and sub- LONGTREE DAM AND RESERVOIR.—Section (A) by inserting ‘‘(a)’’ before ‘‘The Presi- mit to the Congress’’; and 8(a)(2)(C) of Public Law 89–108, as added by dent’’; (ii) in paragraph (ii) by striking the last section 6 of Public Law 99–294 (100 Stat. 423), (B) by striking the period at the end of sentence; and is amended by striking ‘‘Secretaries’’ and all paragraph (3) and inserting a semicolon; (D) in section 303 (16 U.S.C. 410cc–33) by that follows through ‘‘above’’ and inserting (C) by inserting ‘‘and’’ at the end of para- striking subsection (e) (relating to loans, ‘‘Secretary of State has submitted the deter- graph (4); grants and technical assistance in support of mination required by subparagraph (B)’’. (D) by striking the semicolon at the end of the Lowell National Historical Park). (25) REGULATION OF DWORSHAK DAM.—Sec- paragraph (5) and inserting a period; (10) DESIGNATION OF LANDS IN NEBRASKA AS tion 415(a) of the Water Resources Develop- (E) by striking paragraphs (6), (7), (8), and A NATIONAL RECREATION AREA AND NATIONAL ment Act of 1990 (Public Law 101–640; 104 (9); and PARK.—Public Law 102–50 (105 Stat. 257) is Stat. 4651) is amended by striking ‘‘, the (F) by adding at the end the following new amended— Commissioner of the Bureau of Reclama- subsection: (A) in section 7, by striking subsection (b); tion’’. ‘‘(b) Effective January 1, 2000, the annual and (26) BOSTON HARBOR ISLANDS STUDY.—Sec- report referred to in subsection (a) shall no (B) in section 8, by striking subsection (e). tion 501 of Public Law 102–525 (106 Stat. 3442; longer be required. Any requirement still in (11) PUBLIC AWARENESS PROGRAM IN CERTAIN 16 U.S.C. 1a–5 note) is repealed. effect after that date regarding the submission to the President of information for in- WEST VIRGINIA COUNTIES.—Section 403 of Pub- (27) INDIAN SELF-DETERMINATION AND EDU- clusion in a report under subsection (a) shall lic Law 100–534 (102 Stat. 2707; 16 U.S.C. 1274 CATION ASSISTANCE.—Section 106 of the In- be deemed to require the submission of the note) is amended by striking ‘‘By December dian Self-Determination and Education As- information directly to Congress.’’. 31, 1992,’’ and all that follows through the sistance Act (25 U.S.C. 450j–1) is amended by (40) TRIBAL SELF-GOVERNANCE PROJECTS.— end of that sentence. striking subsection (c) and redesignating the Section 305 of the Indian Self-Determination (12) LAND EXCHANGE AT CAPE COD NATIONAL last sentence of subsection (b) as subsection and Education Assistance Act (25 U.S.C. 450f SEASHORE.—Section 2(c) of Public Law 87–126 (c). note) is amended by striking ‘‘Secretaries’’ (16 U.S.C. 459b–1(c)) is amended by striking (28) INDIAN HEALTH FACILITIES.—Section both places it appears and inserting ‘‘Sec- the last sentence. 301(c) of the Indian Health Care Improve- retary of Health and Human Services’’. (13) GAULEY RIVER NATIONAL RECREATION ment Act (25 U.S.C. 1631(c)) is amended by (41) COQUILLE INDIAN TRIBE ECONOMIC DE- AREA BOUNDARY MODIFICATIONS.—Section 201 striking paragraphs (1), (2), and (3) and by VELOPMENT PLAN.—Section 4(a) of Public of Public Law 100–534 (16 U.S.C. 460ww) is striking ‘‘(4)’’. amended by striking subsection (c). Law 101–42 (25 U.S.C. 715b(a)) is amended— (29) INDIAN WATER AND WASTE DISPOSAL FA- (14) PROPOSED PURCHASE OR CONDEMNATION (A) in paragraph (1), by adding ‘‘and’’ at CILITIES.—Section 302 of the Indian Health the end; OF PROPERTY DESIGNATED FOR INCLUSION IN Care Improvement Act (25 U.S.C. 1632) is THE SLEEPING BEAR DUNES NATIONAL LAKE- (B) in paragraph (2), by striking ‘‘; and’’ amended by striking subsection (g). SHORE, MICHIGAN.—Section 12(e) of Public and inserting a period; and (30) TRIBAL MANAGEMENT OF HEALTH SERV- Law 91–479 (16 U.S.C. 460x–11(e)) is amended (C) by striking paragraph (3). ICES.—Section 818(d)(2) of the Indian Health in paragraph (4) by striking ‘‘The Secretary (42) PONCA TRIBE OF NEBRASKA ECONOMIC DE- Care Improvement Act (25 U.S.C. 1680h(d)(2)) must notify the Committee’’ and all that fol- VELOPMENT PLAN.—Section 10(a)(3) of Public is amended by striking ‘‘and shall submit’’ lows through the end of that sentence. Law 101–484 (104 Stat. 1169) is amended— and all that follows through ‘‘projects’’. (15) BOUNDARY CHANGES AT THE ICE AGE NA- (A) in paragraph (1), by adding ‘‘and’’ at (31) INDIAN MENTAL HEALTH SERVICES.—Sec- TIONAL SCIENTIFIC RESERVE, WISCONSIN.—Sec- the end; tion 2(c) of Public Law 88–655 (16 U.S.C. tion 209(j) of the Indian Health Care Im- (B) in paragraph (2), by striking ‘‘; and’’ 469e(c)) is amended by striking ‘‘notice to provement Act (25 U.S.C. 1621h(j)) is amend- and inserting a period; and the President of the Senate and the Speaker ed— (C) by striking paragraph (3). of the House of Representatives and’’. (A) in the subsection heading, by striking (43) INDIAN CHILD PROTECTION.—Section 412 NNUAL EPORT ETHODS (16) WEST RIVER RURAL WATER SYSTEM AND ‘‘A R ’’ and inserting ‘‘M of Public Law 101–630 (25 U.S.C. 3211) is re- TO VALUATE TATUS OF ROGRAMS AND LYMAN-JONES RURAL WATERTEM ENGINEERING E S P pealed. REPORT.—Section 4(e)(2) of Public Law 100– SERVICES; and (44) NATIVE AMERICAN CULTURAL CENTER 516 (102 Stat. 2569) is amended by striking (B) by striking ‘‘and shall submit’’ and all FEASIBILITY STUDY.—Section 2 of Public Law ‘‘and submitted’’ and all that follows that follows through ‘‘communities’’. 102–196 (20 U.S.C. 80q–13 note) is repealed. through the end of the sentence and insert- (32) INDIAN HEALTH CARE DELIVERY DEM- (45) NOTIFICATION OF CONSOLIDATION OF BIA ing a period. ONSTRATION.—Section 307 of the Indian SCHOOLS.—Section 1121(h)(3) of the Education (17) EVALUATION OF DESIRABILITY TO AC- Health Care Improvement Act (25 U.S.C. Amendments of 1978 (25 U.S.C. 2001(h)(3)) is QUIRE CERTAIN LANDS IN NEVADA.—Section 1637) is amended by striking subsection (h). amended by striking ‘‘transmitted promptly 6(c)(2) of Public Law 101–67 (103 Stat. 173) is (33) CONTRACTOR FACILITIES ASSESSMENT.— to the Congress and’’. amended in the last sentence by striking Section 506 of Public 101–630 (104 Stat. 4566; 25 (46) PLAN FOR ENLARGEMENT OF A CERTAIN ‘‘Committee on Interior’’ and all that follows U.S.C. 1653 note) is amended by striking sub- INDIAN RESERVATION.—Section 7(c) of Public through ‘‘Senate, and’’. sections (a) and (b). Law 96–227 (25 U.S.C. 766(c)) is amended by (18) CLAIMS SUBMITTED RESULTING FROM (34) HEALTH STATUS OF URBAN INDIANS.— striking the last sentence therein. TETON DAM FAILURE.—Section 8 of Public Section 507 of the Indian Health Care Im- (47) KLAMATH TRIBE OF INDIANS ECONOMIC Law 94–400 (90 Stat. 1213) is repealed. provement Act (25 U.S.C. 1657) is amended by SELF-SUFFICIENCY PLAN.—Section 8 of Public (19) WESTLANDS WATER DISTRICT CONTRACT striking subsection (d). Law 99–398 (25 U.S.C. 566f) is amended— MODIFICATION.—Section 3 of Public Law 95–46 (35) INDIAN HEALTH SERVICE LOAN REPAY- (A) in subsection (a)— (91 Stat. 227) is amended by striking the last MENT PROGRAM.—Section 108 of the Indian (i) by striking paragraph (2); sentence. Health Care Improvement Act (25 U.S.C. (ii) by striking ‘‘(A)’’; and (20) RELATION OF WATER PROJECTS TO CALI- 1616a) is amended by striking subsection (n). (iii) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; FORNIA ESTUARIES.—Section 4 of Public Law (36) HOSPICE CARE FEASIBILITY FOR INDI- and 96–375 (94 Stat. 1506) is amended by striking ANS.—Section 205 of the Indian Health Care (B) by striking subsection (d). the second sentence. Improvement Act (25 U.S.C. 1621d) is amend- (48) OGLALA SIOUX RURAL WATER SUPPLY EN- (21) ALTERNATIVE USE OF WATER RESOURCE ed— GINEERING REPORT.—Section 3(f) of Public FACILITIES.—Section 3 of Public Law 97–273, (A) by striking subsection (c); and Law 100–516 (102 Stat. 2568) is amended— as amended by section 12(b) of Public Law (B) by redesignating subsection (d) as sub- (A) by striking ‘‘until—’’ and all that fol- 100–516 (102 Stat. 2572), is amended by strik- section (c). lows through ‘‘requirements’’ and inserting ing ‘‘, and to report’’ and all that follows (37) MANAGED CARE FEASIBILITY STUDY FOR ‘‘until the requirements’’; through ‘‘recommendations’’. INDIANS.—Section 210 of the Indian Health (B) by striking ‘‘; and’’ and inserting a pe- (22) COLORADO RIVER FLOODWAY.—Section 8 Care Improvement Act (25 U.S.C. 1621i) is riod; and of the Colorado River Floodway Protection amended— (C) by striking paragraph (2). Act (Public Law 99–450; 100 Stat. 1134; 43 (A) by striking ‘‘(a)’’; and (49) COMPLIANCE WITH HEALTH AND SAFETY U.S.C. 1600f) is repealed. (B) by striking subsection (b). STANDARDS IN INDIAN SCHOOLS.—Section (23) GROUNDWATER RECHARGE OF (38) CONTRACT HEALTH SERVICES FOR INDI- 1125(b) of the Education Amendments of 1978 AQUIFERS.—Section 4(c) of the High Plains ANS.—Section 219 of the Indian Health Care (25 U.S.C. 2005(b)) is repealed.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28899

(50) PLAN FOR USE OF JUDGMENTS TO INDIAN California (Mr. DOOLITTLE) and the Madam Speaker, we have no objec- TRIBES.— gentleman from California (Mr. tion to this legislation. The bill would (A) IN GENERAL.—Section 2(a) of Public DOOLEY) each will control 20 minutes. extend the existing requirements that Law 93–134 (25 U.S.C. 1402(a)) is amended by The Chair recognizes the gentleman the administration report to Congress striking ‘‘and submit to Congress’’. from California (Mr. DOOLITTLE). (B) SUPPORTING DOCUMENTS.—Section 4 of on certain subjects of interest to the Public Law 93–134 (25 U.S.C. 1404) is repealed. Mr. DOOLITTLE. Madam Speaker, I Committee on Resources. These reports (C) EFFECTIVE DATE OF PLAN.—Section 5 of yield myself such time as I may con- would otherwise terminate in Decem- Public Law 93–134 (25 U.S.C. 1405) is amend- sume. ber 1999 under the Federal Reports ed— Madam Speaker, H.R. 3002 will pro- Elimination and Sunset Act of 1995. (i) in subsection (a)— vide for the continued preparation of H.R. 3002 was not subject to a com- (I) by striking (a); and certain useful reports concerning pub- mittee hearing. However, since the (II) by striking ‘‘, at the end’’ and all that lic lands, Native Americans, fisheries, committee markup, the CBO has con- follows through the end of the subsection wildlife, insular areas and other nat- cluded that the cost of extending the and inserting ‘‘upon submission of the plan ural resources-related matters. to the affected tribes or groups.’’; and 128 separate reporting requirements (ii) by striking subsections (b), (c), (d), and Section 3003 of the Federal Reports would be about $1 million annually, (e). Elimination and Sunset Act of 1997 ter- subject to appropriated funds. And nei- (51) ADJUSTMENTS OR ELIMINATIONS OF REIM- minates all reports to Congress con- ther OMB nor the affected department BURSABLE DEBTS OF INDIANS OR INDIAN tained in House Document 103–7 as of or agencies have raised specific con- TRIBES.—The Act of July 1, 1932 (25 U.S.C. December 21, 1999. This document lists cerns about this legislation. 386a; 47 Stat. 564) is amended by striking the statutorily required reports to Con- Accordingly, since the administra- second and third provisos therein. gress from various executive branch tion has not objected to this bill and (52) ACCEPTANCE OF GIFTS FOR THE BENEFIT agencies. because it does not appear to be ex- OF INDIANS.—The Act of February 14, 1931 (25 The philosophy of the Federal Re- U.S.C. 451; 46 Stat. 1106) is amended by strik- ceedingly burdensome or expensive, we ing ‘‘An annual report’’ and all that follows ports Elimination and Sunset Act is to support its passage in the House. through ‘‘data.’’. ‘‘alleviate the paperwork burden on ex- Madam Speaker, I yield back the bal- (53) PROPOSED LEGISLATION TO RESOLVE CER- ecutive branch agencies.’’ Certainly ance of my time. TAIN INDIAN CLAIMS.—The Indian Claims Lim- the reduction of unnecessary paper- Mr. DOOLITTLE. Madam Speaker, I itation Act of 1982 (Public Law 97–394; 28 work is a worthy goal. However, some yield back the balance of my time. U.S.C. 2415 note) is amended by striking sec- consideration must be given as to why The SPEAKER pro tempore. The tion 6. a statute mandates a certain report question is on the motion offered by (54) INDIAN RESERVATION ROADS STUDY.— and as to how this information is used the gentleman from California (Mr. Section 1042 of Public Law 102–240 (Public Law 102–240; 23 U.S.C. 202 note) is amended— by the Congress and the public. In the DOOLITTLE) that the House suspend the (A) by striking ‘‘(a) STUDY—’’; and case of the Committee on Resources, rules and pass the bill, H.R. 3002. (B) by striking subsection (b). this information greatly aids our over- The question was taken; and (two- (55) AMERICAN SAMOA WATER AND POWER sight activities and the development of thirds having voted in favor thereof) STUDY.—Section 301 of Public Law 102–247 legislation. The reports also provide the rules were suspended and the bill (106 Stat. 38) is amended— the public with valuable insight as to was passed. (A) by striking ‘‘(a)’’; and how Federal tax dollars are being A motion to reconsider was laid on (B) by striking subsection (b). spent. the table. (56) SUCCESS OR FAILURE OF THE GOVERNORS Without action by Congress, many f OF GUAM AND THE VIRGIN ISLANDS IN MEETING critical reports will be lost before the GOALS AND TIMETABLES TO ELIMINATE GEN- FACILITATING WATER TRANSFERS end of the year, requiring extensive ERAL FUND DEFICITS BY 1987.—Section 607(c) of IN THE CENTRAL VALLEY amendments to underlying statutory Public Law 96–597 (48 U.S.C. 1641 note) is re- PROJECT pealed. authorities to reinstate the reports. (57) RECOMMENDATION FOR DESIGNATING AS H.R. 3002 will restore 128 reports, in- Mr. DOOLITTLE. Madam Speaker, I WILDERNESS CERTAIN PUBLIC LANDS PRE- cluding implementation costs of the move to suspend the rules and pass the VIOUSLY IDENTIFIED.—Section 603(b) of Public Endangered Species Act, notices of bill (H.R. 3077) to amend the Act that Law 94–579 (43 U.S.C. 1782(b)) is amended— authorized construction of the San (A) by striking the first and second sen- withdrawals of public lands, rehabilitation needs for National Forest System Luis Unit of the Central Valley tences; and Project, California, to facilitate water (B) by inserting ‘‘of an area referred to in lands, threatened areas on the National subsection (a)’’ after ‘‘for designation’’. Register of Historic Places, manage- transfers in the Central Valley Project, (c) ANNUAL FINANCIAL REPORT BY CHIEF EX- ment plans for National Parks, pro- as amended. ECUTIVE OF THE GOVERNMENT OF THE NORTH- posed oil and gas leasing programs on The Clerk read as follows: ERN MARIANA ISLANDS.—Section 5 of Public the Outer Continental Shelf, proposals H.R. 3077 Law 92–257 (48 U.S.C. 1692) is amended to read for projects under the Small Reclama- Be it enacted by the Senate and House of Rep- as follows: resentatives of the United States of America in ‘‘SEC. 5. The chief executive of the Govern- tion Projects Act, and audits of finan- Congress assembled, ment of the Northern Mariana Islands shall cial assistance provided to the insular SECTION 1. ELIMINATION OF RESTRICTIONS ON prepare, publish, and submit to the Congress areas of the United States. USE OF SAN LUIS UNIT FACILITIES and the Secretary of the Interior a com- The bill also makes technical FOR WATER TRANSFERS IN THE prehensive annual financial report in con- changes to some underlying laws which CENTRAL VALLEY PROJECT. formance with the standards of the National authorize repealed or sunsetted re- (a) ELIMINATION OF STATUTORY RESTRIC- Council on Governmental Accounting, with- TIONS.—Public Law 86–488 (74 Stat. 156) is in 120 days after the close of the fiscal year. ports. Time constraints preclude addi- amended— The report shall include statistical data as tional mop-up work in this area, but (1) in section 2 by striking ‘‘and the use of set forth in those standards relating to the the committee intends to work on the additional capacity for water service physical, economic, social and political char- technical amendments in another vehi- shall be limited to service outside of the acteristics of the government, and any other cle soon. Federal San Luis unit service area’’; and information required by the Congress. The These reports are needed for effective (2) in section 3 by adding ‘‘and’’ after the chief executive shall also make any other re- congressional oversight and to allow semicolon at the end of paragraph (h), by ports at other times as may be required the public to see how their taxpayer striking the semicolon at the end of para- under applicable Federal laws. This section graph (i) and inserting a period, and by strik- is not subject to termination under section dollars are being spent. I urge support for this bill. ing paragraph (j). 502(a)(3) of the Covenant to Establish a Com- (b) REQUIREMENTS FOR DELIVERY INSIDE monwealth of the Northern Mariana Islands Madam Speaker, I reserve the bal- FEDERAL SERVICE AREA.—Such Act is further in Political Union with the United States of ance of my time. amended— America (90 Stat. 263, 268).’’. Mr. DOOLEY of California. Madam (1) in section 2 by inserting ‘‘(subject to The SPEAKER pro tempore. Pursu- Speaker, I yield myself such time as I section 9)’’ after ‘‘a perpetual right to the ant to the rule, the gentleman from may consume. use of such additional capacity’’; and

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28900 CONGRESSIONAL RECORD—HOUSE November 8, 1999 (2) by adding at the end the following: consistent with current Federal and which you recently introduced along with ‘‘SEC. 9. The State of California may not, State policies which encourage and fa- Representatives Gary Condit, George Radan- under section 2, use additional capacity to cilitate water transfers. ovich and Bill Thomas. deliver water inside the Federal San Luis H.R. 3077 amends the Act of 1960 by As you know, H.R. 3077 would authorize unit service area unless— water users in the San Luis Unit of the Cen- ‘‘(1) such delivery is managed so as to en- eliminating the restrictions on use of tral Valley Project (CVP) to purchase water sure that— San Luis Unit facilities for water supplies from the State Water Project ‘‘(A) agricultural drainage discharges aris- transfers in the Central Valley. The (SWP). The bill amends the San Luis Act of ing from use of the delivered water— gentleman from California (Mr. 1960, which prohibits water transfers between ‘‘(i) comply with any waste discharge re- DOOLEY) is the author of this legisla- the SWP and users in the San Luis Unit of quirements issued for such discharges; or tion, and in just a moment I am sure the CVP. ‘‘(ii) if there are no such waste discharge will add his explanation. Given the likelihood of water shortfalls in requirements, do not cause water quality This morning we received a letter the future, I believe that voluntary transfers conditions in the San Joaquin River and the from Governor Grey Davis of California will become an increasingly important water Sacramento-San Joaquin Delta and San management tool to address future supply Francisco Bay to be degraded or otherwise in support of H.R. 3077. needs. Your legislation is consistent with adversely affected; and Madam Speaker, I reserve the bal- current state and federal policies aimed at ‘‘(B) use of the delivered water for irriga- ance of my time. encouraging voluntary water transfers and tion does not frustrate or interfere with ef- Mr. DOOLEY of California. Madam will likely play a key role in facilitating forts by the United States and the State of Speaker, I yield myself such time as I such transfers. In addition, in furtherance of California to manage agricultural subsurface may consume. state and federal policies to encourage water drainage discharges from the San Luis unit; Madam Speaker, California’s San transfers, it is appropriate to remove bar- and Joaquin Valley is one of the most pro- riers that might otherwise restrict transfers ‘‘(2) such delivery is consistent with those ductive agricultural areas in the world. between the two projects. provisions of operating agreements between The lands that receive water from the I also support Representative George Mil- the Secretary and the Department of Water ler’s recent amendment to H.R. 3077 that Resources of the State of California that are San Luis Unit of the Central Valley conditions the transfer of water between the consistent with this Act.’’. Project are especially productive. SWP and the San Luis Unit on measures to (c) AMENDMENT OF EXISTING AGREEMENTS.— Farmers here are highly dependent on prevent irrigation drainage problems or deg- The Secretary of the Interior— reliable deliveries of surface water in radation of water quality. I am pleased that (1) shall seek to amend each agreement en- order to sustain crop production in the you and your colleagues on the House Re- tered into by the United States and the valley. sources Committee were able to reach agree- State of California under section 2 of Public But even in the best years, water sup- ment on this language during the recent Law 86–488 before the date of the enactment plies from the Central Valley Project markup session. of this Act, as necessary to delete from such are often limited. Many farmers in As the legislation moves through the agreement restrictions on use of additional House in the closing days of this year’s ses- capacity for water service for land in the California now improve the reliability sion, please let me know if I can be of assist- Federal San Luis unit service area that are of their water supplies by working out ance. not consistent with the amendments made water transfer arrangements with Sincerely, by this Act; and other water users so that the limited GRAY DAVIS. (2) pending such amendment, shall not en- supplies can be moved around and used force any such restriction. An important issue raised by any more efficiently. But farmers in the proposal to provide additional supplies The SPEAKER pro tempore. Pursu- San Luis Unit cannot freely participate of irrigation water to the San Luis ant to the rule, the gentleman from in these transfers because the San Luis Unit is subsurface drainage. Discharges California (Mr. DOOLITTLE) and the Act of 1960 prohibits the State of Cali- of subsurface agriculture drainage from gentleman from California (Mr. fornia from providing water service to the San Luis Unit contributed to the DOOLEY) each will control 20 minutes. the San Luis Unit. I believe this re- The Chair recognizes the gentleman deaths of hundreds of waterfowl at the striction makes it unnecessarily dif- Kesterson Reservoir site in the mid from California (Mr. DOOLITTLE). ficult for San Luis Unit farmers to Mr. DOOLITTLE. Madam Speaker, I 1980s, and, while farmers and water dis- take advantage of water supplies that yield myself such time as I may con- tricts in the San Joaquin Valley have might otherwise be available to them. I sume. made great progress in recent years, Madam Speaker, Federal agricultural also believe this restriction in Federal drainage management in the San Luis contractors in the Central Valley law is outdated and inappropriate. H.R. Unit continues to be a critical and un- Project of California who rely on ex- 3077, as amended, will address these resolved issue. ported water supplies from the Sac- problems by eliminating the restric- I had the opportunity to participate ramento-San Joaquin River Delta have tion on delivery of water from the with Secretary Babbitt just yesterday seen substantial reductions in their State of California to lands within the in doing a tour of the San Luis Unit Federal water supplies over the last Federal San Luis service area. and had the chance to see some of the This is significant legislation affect- several years, even though these last terrific work that the water districts ing water management in California. few years have been ‘‘wet’’ years. This are doing there in order to try to man- Its effect will be to allow the delivery reduction has been increased because of age their drainage water. of water from California’s State Water the accumulated impacts of implemen- The Committee on Resources accept- Project to lands within the San Luis tation of the Endangered Species Act, ed an amendment on this subject of- Unit. The State of California operates the Central Valley Project Improve- fered by the gentleman from California the State Water Project, and Governor ment Act, and the Bay Delta Accord. (Mr. GEORGE MILLER), the senior Demo- This reduction in CVP export supply Davis, as the gentleman from Cali- crat on the committee. The gentleman reliability has increased the desire of fornia (Mr. DOOLITTLE) cited earlier, from California’s amendment would many water managers to pursue water has advised me and others that he sup- allow the State to deliver water to the transfers. Additionally, numerous ports enactment of H.R. 3077, as San Luis Unit only after specific re- State laws and Federal laws have been amended. quirements have been met to protect Madam Speaker, I include the Gov- enacted in an attempt to facilitate water quality. ernor’s letter of November 5, 1999 at water transfers to assist agricultural The purpose of the Miller amendment this point in the RECORD. and urban water users in maintaining is to ensure that irrigation water deliv- reliable water supplies. GOVERNOR GRAY DAVIS, eries from the State Water Project to The San Luis Act of 1960 prohibits Sacramento, CA, November 5, 1999. the Federal San Luis Unit service area Hon. CAL DOOLEY, the State of California from providing House of Representatives, are carefully managed and are not di- water service to the San Luis Unit of Washington, DC. rected to lands that are known to con- the Central Valley Project. The com- DEAR REPRESENTATIVE DOOLEY: I am writ- tribute to agricultural drainage prob- mittee believes this prohibition is in- ing to advise you of my support for H.R. 3077, lems with the resultant adverse effects

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28901 on water quality in the San Joaquin any disturbance in its supply will al- (b) EFFECTIVE DATE.—This section shall River, the Sacramento-San Joaquin most certainly result in the loss of jobs take effect on October 1, 1999. Delta, or San Francisco Bay. I was and agricultural production. By the SEC. 2. AMENDMENT TO DEFINITION OF ‘‘SPE- pleased to accept the gentleman from year 2020, a net loss of 2.3 million acre- CIAL GOVERNMENT EMPLOYEE’’. California’s amendment during the feet of water is projected for agricul- (a) AMENDMENT TO SECTION 202(a).—Sub- committee’s consideration of H.R. 3077. tural use. This is unacceptable and ir- section (a) of section 202 of title 18, United Governor Davis’ letter also expresses responsible. The impact of such a de- States Code, is amended to read as follows: his support for this amendment. cline would be devastating. Thus, an ‘‘(a) For the purpose of sections 203, 205, 207, 208, 209, and 219 of this title the term Madam Speaker, San Luis Unit farm- adequate water supply should and must ‘special Government employee’ shall mean— ers are the only farmers in the State of be secured. ‘‘(1) an officer or employee as defined in California who must farm under an For these reasons, I am a cosponsor subsection (c) who is retained, designated, outdated legal restriction that pre- of H.R. 3077. This measure gives water appointed, or employed in the legislative or vents them from supplementing their users the ability to obtain water from executive branch of the United States Gov- water supplies. H.R. 3077, as amended, the State of California by facilitating ernment, in any independent agency of the will correct this inequity and will en- water transfers at the San Luis Unit. United States, or in the government of the courage responsible water use and co- Currently, the San Luis Act prohibits District of Columbia, and who, at the time of the State from allowing water to go retention, designation, appointment, or em- operation among California water ployment, is expected to perform temporary users. through the San Luis Unit of the Cen- duties on a full-time or intermittent basis I urge my colleagues to support the tral Valley Project. This will be cor- for not to exceed 130 days during any period enactment of H.R. 3077, as amended. rected under H.R. 3077 and some of the of 365 consecutive days; Madam Speaker, I reserve the bal- tremendous strains on water supplies ‘‘(2) a part-time United States commis- ance of my time. in the State will be alleviated. sioner; ‘‘(3) a part-time United States magistrate; b 1500 Again, I support this bill and urge its passage. ‘‘(4) an independent counsel appointed Mr. DOOLITTLE. Madam Speaker, I Mr. DOOLEY of California. Madam under chapter 40 of title 28 and any person yield 3 minutes to the gentleman from appointed by that independent counsel under Speaker, I yield back the balance of section 594(c) of title 28; California (Mr. RADANOVICH), a cospon- my time. ‘‘(5) a person serving as a part-time local sor of this legislation. Mr. DOOLITTLE. Madam Speaker, I representative of a Member of Congress in Mr. RADANOVICH. Madam Speaker, urge an ‘‘aye’’ vote and I yield back the the Member’s home district or State; and I thank the gentleman from California balance of my time. ‘‘(6) a Reserve officer of the Armed Forces, for yielding me this time. The SPEAKER pro tempore (Mrs. or an officer of the National Guard of the As a cosponsor of H.R. 3077, I want to BIGGERT). The question is on the mo- United States, who is not otherwise an offi- express my support for this bill on the tion offered by the gentleman from cer or employee as defined in subsection (c) and who is— floor. As we all know, water is a pre- California (Mr. DOOLITTLE) that the cious commodity in the State of Cali- ‘‘(A) on active duty solely for training House suspend the rules and pass the (notwithstanding section 2105(d) of title 5); fornia and particularly in the great bill, H.R. 3077, as amended. ‘‘(B) serving voluntarily for not to exceed Central Valley. I have seen the extra The question was taken; and (two- 130 days during any period of 365 consecutive mile that water users in this area have thirds having voted in favor thereof) days; or taken to conserve water. This is not the rules were suspended and the bill, ‘‘(C) serving involuntarily.’’. enough, however, because their water as amended, was passed. (b) AMENDMENT TO SECTION 202(c).—Sub- supply reliability has been signifi- A motion to reconsider was laid on section (c) of 202 of title 18, United States cantly reduced and no certainty in sup- the table. Code, is amended to read as follows: ply is on the horizon for California ag- f ‘‘(c)(1) The terms ‘officer’ and ‘employee’ riculture and urban water users. in sections 203, 205, 207 through 209, and 218 of The Central Valley has a long agri- GENERAL LEAVE this title shall include— cultural history, producing over 250 of Mr. DOOLITTLE. Madam Speaker, I ‘‘(A) an individual who is retained, designated, appointed, or employed in the California’s crops. With its fertile soil, ask unanimous consent that all Mem- United States Government or in the govern- temperate climate, and water supply bers may have 5 legislative days within ment of the District of Columbia to perform, capabilities, the Central Valley pro- which to revise and extend their re- with or without compensation and subject to duces 8 percent of the agricultural out- marks and include extraneous material the supervision of the President, the Vice put in the United States, on less than on H.R. 359, H.R. 3002, and H.R. 3077. President, a Member of Congress, a Federal 1 percent of our Nation’s farmland. The SPEAKER pro tempore. Is there judge, or an officer or employee of the Valley farmers grow nearly half of the objection to the request of the gen- United States or of the government of the fresh fruits and vegetables grown in tleman from California? District of Columbia, a Federal or District of There was no objection. Columbia function under authority of law or the entire Nation. an Executive act; At the same time, the Central Valley f ‘‘(B) a Reserve officer of the Armed Forces is the fastest growing region in the OFFICE OF GOVERNMENT ETHICS or an officer of the National Guard of the State, placing an ever-increasing de- REAUTHORIZATION ACT United States who is serving voluntarily in mand on its urban water requirements. excess of 130 days during any period of 365 While agricultural and urban water de- Mr. MCHUGH. Madam Speaker, I consecutive days; and mands are often in competition with move to suspend the rules and pass the ‘‘(C) the President, the Vice President, a one another, neither can be provided bill (H.R. 2904) to amend the Ethics in Member of Congress or a Federal judge, but only to the extent specified in any such sec- for unless a reliable supply of water is Government Act of 1978 to reauthorize funding for the Office of Government tion. made available. Long-term environ- ‘‘(2) As used in paragraph (1), the term mental and habitat restoration needs Ethics, as amended. The Clerk read as follows: ‘Federal or District of Columbia function’ of the Central Valley ecosystem must shall include, but not be limited to— also be addressed, squeezing still more H.R. 2904 ‘‘(A) supervising, managing, directing or water out of a dwindling supply. Cur- by the Senate and House of Representatives of overseeing a Federal or District of Columbia rently, under the CVPIA, over one mil- the United States of America in Congress assem- officer or employee in the performance of lion acre-feet of water is provided for bled, such officer’s or employee’s official duties; environmental purposes each year. SECTION 1. REAUTHORIZATION OF APPROPRIA- ‘‘(B) participating in the Federal or Dis- TIONS. trict of Columbia government’s internal de- The demands for agricultural, envi- (a) IN GENERAL.—Section 405 of the Ethics liberative process, such as by providing reg- ronmental and urban water uses in the in Government Act of 1978 (5 U.S.C. App.) is ular advice, counsel, or recommendations to great Central Valley are endless. Since amended by striking ‘‘1997 through 1999’’ and the President, the Vice President, a Member water is directly tied to the economy, inserting ‘‘2000 through 2003’’. of Congress, or any other Federal or District

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28902 CONGRESSIONAL RECORD—HOUSE November 8, 1999 of Columbia officer or employee, or by con- vides formal and informal guidance on The need for a clearer definition re- ducting meetings involving any of those in- the interpretation and application of mains, however. I urge all Members to dividuals; or various ethics laws, and evaluates the seize this opportunity to promote in- ‘‘(C) obligating funds of the United States effectiveness of conflict of interest and tegrity in government by passing this or the District of Columbia.’’. (c) NEW SECTION 202(f).—Section 202 of title other ethics laws. bill, H.R. 2904, today. 18, United States Code, is amended by adding The Subcommittee on Civil Service Madam Speaker, I reserve the bal- at the end the following: of the Committee on Government Re- ance of my time. ‘‘(f) The terms ‘officer or employee’ and form held an oversight hearing on the Mr. CUMMINGS. Madam Speaker, I ‘special Government employee’ as used in Office of Government Ethics shortly yield myself such time as I may con- sections 203, 205, 207 through 209, and 218, before the August recess. That hearing sume. shall not include enlisted members of the Armed Forces, nor shall they include an in- showed that the Office has performed Madam Speaker, earlier this year, dividual who is retained, designated, or ap- its duties very well. There is no ques- the Subcommittee on Civil Service pointed without compensation specifically to tion that the Office has earned reau- held a hearing on the Office of Govern- act as a representative of an interest (other thorization by this Congress. ment Ethics which gave the sub- than a Federal or District of Columbia inter- It was also vitally important, Madam committee an opportunity to establish est) on an advisory committee established Speaker, that this Congress clarify sec- a record of how the agency is oper- pursuant to the Federal Advisory Committee tion 202 of Title XVIII to make it easi- ating. OGE’s mission is not only to pre- Act or any similarly established advisory er to determine who is a ‘‘special gov- vent and resolve conflicts of interest committee whose meetings are generally open to the public.’’. ernment employee’’ and therefore, sub- and to foster high ethical standards for ject to conflict of interest law and fi- Federal employees, but also to The SPEAKER pro tempore. Pursu- nancial disclosure requirements. strengthen the public’s confidence that ant to the rule, the gentleman from Special government employees are the government’s business is conducted New York (Mr. MCHUGH) and the gen- informal advisors to presidents and with impartiality and integrity. tleman from Maryland (Mr. CUMMINGS ) other government officials. Some are OGE does this by reviewing and certi- each will control 20 minutes. compensated, some serve without pay. fying the financial disclosure forms The Chair recognizes the gentleman But in either case, if the integrity of filed by presidential nominees requir- from New York (Mr. MCHUGH). government processes is to be pro- ing Senate confirmation; serving as a GENERAL LEAVE tected, these advisors must be subject primary source of advice and coun- Mr. MCHUGH. Madam Speaker, I ask to the same conflict of interest laws seling on conduct and financial disclo- unanimous consent that all Members and financial disclosure requirements sure issues, and by providing informa- may have 5 legislative days within as regular government employees. tion on the promoting and under- which to revise and extend their re- This is not a new subject for the standing of ethical standards in execu- marks on H.R. 2904. House. The need for this legislation The SPEAKER pro tempore. Is there tive agencies. was first brought to our attention as a OGE and its staff are well regarded objection to the request of the gen- result of the Travelgate hearings held by the Federal agencies with whom tleman from New York? There was no objection. by the Committee on Government Re- they do business. There is no question Mr. MCHUGH. Madam Speaker, I form and Oversight during the 104th that they do an outstanding job. yield myself such time as I may con- Congress. Witnesses at the hearing testified sume. Those hearings revealed and a subse- that OGE has played an essential and Madam Speaker, H.R. 2904 accom- quent report adopted by the Committee significant role in fostering the plished the two objectives that are on Government Reform found that cer- public’s trust in the integrity of gov- critically important to ensuring hon- tain advisors to the President used ernment. Therefore, I support the 4- esty in government and impartiality in their influence to promote their own year reauthorization of OGE and urge the executive branch of government. business interests by actively encour- my colleagues to do the same. First, it reauthorizes the Office of Gov- aging the firing of career employees in I want to thank the gentleman from ernment Ethics through the year 2003. the White House Travel Office. As a re- Florida (Mr. SCARBOROUGH), our sub- Second, it amends Title XVIII of the sult, the committee’s report on the committee chairman, for all of his ef- United States Code to clarify the defi- Travelgate investigation recommended forts, our chairman and our ranking nition of the term ‘‘special government that this Congress amend the law to member of the Committee on Govern- employee.’’ provide clear standards for determining ment Reform and Oversight, and cer- The Office of Government Ethics is a who is a ‘‘special government em- tainly the gentleman from New York small agency in the executive branch. ployee.’’ (Mr. MCHUGH) for his comments today. Its appropriation for fiscal year 2000 is The gentleman from Florida (Mr. Madam Speaker, I yield back the bal- only $9.1 million, and there are only SCARBOROUGH), who is not with us at ance of my time. about 84 full-time equivalent employ- this time, as I hope everyone in the Mr. MCHUGH. Madam Speaker, I ees in its work force. Nevertheless, it body recognizes having suffered an in- yield myself the balance of the time. performs a vital function. The Office’s jury in his home State and from which Again, I want to express our appre- mission is to ensure impartiality and we wish him a speedy recovery, as ciation to the gentleman from Florida integrity in the operation of the Fed- chairman of the Subcommittee on Gov- (Mr. SCARBOROUGH), who currently eral Government. ernment Management, Information and serves as the chairman of the Sub- The Office oversees compliance with Technology, has held two hearings on committee on Civil Service, for intro- a variety of ethics laws in the execu- this issue. Witnesses at those hearings ducing H.R. 2904 to authorize the Office tive branch. It issues rules and regula- also testified in favor of clarifying the of Government Ethics, and also to the tions on matters such as conflicts of definition of ‘‘special government em- gentleman from Indiana (Mr. BURTON), interest, post-employment restrictions, ployee.’’ Language substantially simi- the chairman of the Committee on standards of conduct, and financial dis- lar to section 2 of this bill was devel- Government Reform, for his strong closures. oped through those hearings. support of this legislation. As well, let The Office also reviews financial dis- During the 104th Congress, the House me thank the gentleman from Mary- closure statements of certain presi- passed essentially the same language land (Mr. CUMMINGS), the ranking dential nominees and appointees, and in H.R. 3452, the Presidential and Exec- member of the Subcommittee on Civil when necessary, recommends correc- utive Office Accountability Act. Al- Service, and also the gentleman from tive action for violations of ethics though most of that bill became Public California (Mr. WAXMAN), the ranking laws. Law 104–331, the ‘‘special government member of the Committee on Govern- In addition, the Office of Government employee’’ language was dropped in the ment Reform, for their combined sup- Ethics trains employees in ethics, pro- conference. port. Without this cooperative effort,

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28903 Madam Speaker, we would not be here b 1515 time as a substitute mail carrier. He today. JOSEPH ILETO POST OFFICE was substituting for a regular letter carrier when he was killed, at age 39. I also want to commend the gen- Mr. MCHUGH. Madam Speaker, I tleman from Illinois (Mr. HYDE), the Joseph Ileto took the postal position 2 move to suspend the rules and pass the years ago because he was seeking bet- chairman of the Committee on the Ju- bill (H.R. 3189) to designate the United diciary, and the gentleman from Flor- ter pay in an outside job. States post office located at 14071 Pey- Mr. Ileto was known for his goodness, ida (Mr. CANADY) of the Subcommittee ton Drive in Chino Hills, California, as his good humor, his willingness to help, on the Constitution for their coopera- the ‘‘Joseph Ileto Post Office.’’ and for being reliable. Joe was known tion in expediting consideration of this The Clerk read as follows: to be a humble man, never wanting to measure. I also wish to express our ap- H.R. 3189 be the center of attention, just wanting preciation to the gentleman from Flor- Be it enacted by the Senate and House of Rep- to blend into the crowd. His work ethic ida (Mr. MICA), the former chairman of resentatives of the United States of America in and reliability won him a Special the Subcommittee on Civil Service, for Congress assembled, Achievement Award from the Postal his strong support for clarifying the SECTION 1. JOSEPH ILETO POST OFFICE. Service. He was also very competitive, definition of ‘‘special government em- (a) DESIGNATION.—The United States post and loved playing games and watching office located at 14071 Peyton Drive in Chino ployee.’’ As we recognize, Madam the Los Angeles Lakers and the Dodg- Speaker, these kinds of initiatives, it Hills, California, shall be known and designated as the ‘‘Joseph Ileto Post Office’’. ers. takes the cooperative effort of many, He was a skilled chess player and was and we thank yet another gentleman (b) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other ranked at the master level. The Los from California (Mr. HORN) for adding record of the United States to the facility re- Angeles Times and magazines devoted the ‘‘special government employee’’ ferred to in subsection (a) shall be deemed to to chess recognized him for his language to this initiative. be a reference to the ‘‘Joseph Ileto Post Of- achievements in that regard. His father Madam Speaker, although language fice’’. taught him to play that game at the before the House differs in some minor The SPEAKER pro tempore (Mrs. age of 7. respects from the bill reported by the BIGGERT). Pursuant to the rule, the Uniformed postal workers, in a cara- Committee on Government Reform, gentleman from New York (Mr. van of more than 100 trucks, paid their there really is no substantive dif- MCHUGH) and the gentleman from respects to their fallen colleague. ference. Working closely with the Of- Maryland (Mr. CUMMINGS) each will Every mail carrier in his post office at- fice of Government Ethics, we have control 20 minutes. tended the funeral, along with many simply clarified the bill. Promoting the The Chair recognizes the gentleman others from the postal community. Re- integrity of the Federal Government is from New York (Mr. MCHUGH). tired mail carriers offered to deliver critically important if our citizens are Mr. MCHUGH. Madam Speaker, I the mail that day so everyone who to have confidence in its operation. yield myself such time as I may con- knew Joseph could attend, exem- Nothing has made that clearer than sume. plifying the model of mail carriers ev- our experience with the administration Madam Speaker, H.R. 3189 was intro- erywhere, that an injury to one is an and its unprecedented reliance upon a duced by the gentleman from Cali- injury to all. host of informal advisors such as Harry fornia (Mr. MILLER) on November 1 of Madam Speaker, it is important to Thomason, Paul Begala, Dick Morris, this year. This legislation designates note that the Post Office in Chino is and numerous other outsiders who the building of the United States Post- near completion, and due to open early worked on the President’s health care al Service located at 1407 Peyton Drive next year. It would be fitting that this task force during his first term. Wheth- in Chino Hills, California, as the Jo- body take action today on this bill, er paid or unpaid, full-time or part- seph Ileto Post Office. H.R. 3189, so that the naming of the This legislation honors Mr. Ileto, an time, Madam Speaker, these advisors post office coincides with the opening employee of the United States Postal must be held to the same high ethical of this facility. Naming the Post Office Service who was slain while on duty in standards as regular government em- in Chino Hills after Joseph Ileto would a hail of bullets by a white supremacist ployees. Good government demands no be an act of remembrance and honor to on August 10, 1999. less. a person who, though he just wanted to According to an affidavit filed in blend into the crowd, exemplifies all Congress has the opportunity today Federal court, the gunman had, just an the qualities that we look for in an to ensure that existing conflict of in- hour before the shooting, opened fire at outstanding citizen of this great Na- terest laws and financial disclosure re- a Jewish community center in Los An- tion. quirements deter these high-level advi- geles, wounding five children and em- I also want to, Madam Speaker, take sors from using their role to promote ployees. While making his rounds, Mr. one moment to express our most heart- their own business interests. I urge all Ileto encountered the assassin who, ac- felt sympathy to the family and friends Members to support H.R. 2904. cording to the affidavit, thought it of this brave man. They share in this Madam Speaker, I yield back the bal- would be a good idea to kill a non- honor. We come to this floor many ance of my time. white person who was also a govern- times each session and extend the ment employee as a target of oppor- The SPEAKER pro tempore. The privilege of a postal naming bill to tunity. presidents, to people who, in very real question is on the motion offered by Mr. Ileto was the oldest of five chil- the gentleman from New York (Mr. ways, made world history, to heroes of dren, born and raised in the Philippines all kinds. Today we honor a hero of a MCHUGH) that the House suspend the and named after St. Joseph, the patron somewhat different kind, but certainly rules and pass the bill, H.R. 2904, as saint of the worker. He emigrated to no less a deserving individual. amended. the United States when he was 14 years I would strongly urge all of our col- The question was taken. old. After completing high school, he leagues to support this bill and to ex- Mr. MCHUGH. Madam Speaker, on studied at East Los Angeles College, tend this honor to a very, very special that I demand the yeas and nays. earning an associate degree in engi- man. neering in 1983. He lived with his broth- Madam Speaker, I reserve the bal- The yeas and nays were ordered. er in Chino Hills, and he cared for his ance of my time. The SPEAKER pro tempore. Pursu- recently widowed mother in Monterey Mr. CUMMINGS. Madam Speaker, I ant to clause 8 of rule XX and the Park. yield myself such time as I may con- Chair’s prior announcement, further He worked two jobs, at ABX Filters sume. proceedings on this motion will be Corporation, where he tested electronic Madam Speaker, as a member of the postponed. filters for heart pacemakers, and part- Committee on Government Reform and

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28904 CONGRESSIONAL RECORD—HOUSE November 8, 1999 Oversight, I am pleased to join the gen- Ileto. Here is something else that needs to support hate crimes legislation. This tleman from New York (Chairman to be said, and it is simply this, that in is an opportunity for us to draw atten- MCHUGH) in the consideration of two naming this Post Office after this post- tion to it. It is an opportunity to draw postal naming bills, H.R. 3189, to des- man, hopefully when people pass that attention to the service of Asian-Pa- ignate the United States Post Office lo- Post Office and see that name up there, cific Americans in this country. cated at 41071 Peyton Drive in Chino they will be reminded of what postmen Also, I would like to again commend Hills, California, as the Joseph Ileto and postwomen do every day in making the work of our colleague, the gen- Post Office, and H.R. 2307, to designate sure that our mail is delivered, and tleman from California (Mr. GARY MIL- the United States Post Office located making sure that correspondence, LER) in this matter. at 5 Cedar Street in Hopkinton, Massa- which is the lifeblood of any kind of Mr. CUMMINGS. Madam Speaker, I chusetts, as the Thomas J. Brown Post communications process all over the yield myself such time as I may con- Office Building. world, is taken care of and taken care sume. H.R. 319, introduced by the gen- of in a very excellent fashion. Madam Speaker, I want to thank my tleman from California (Mr. GARY MIL- To that end, it is indeed a fitting colleague, the gentleman from Guam, LER) on November 1, 1999, seeks to tribute to name a soon-to-be-opened for making a very significant point. honor a fallen postal employee, Mr. Jo- postal facility in Mr. Ileto’s hometown That is that, unfortunately, in our seph Santos Ileto. My colleagues will in Chino Hills, California, after its fall- country we are still seeing the results remember that Mr. Ileto was slain on en son. of hate crimes. Unfortunately, our August 10, 1999, by a gunman who shot Madam Speaker, I yield 2 minutes to friend, Mr. Ileto, died as a result of a and wounded five children and employ- the distinguished gentleman from hate crime. It is very, very sad. It is a fact that we are hoping that by ees at the North Valley Jewish Com- Guam (Mr. UNDERWOOD). taking this moment on the part of the munity Center in suburban Los Ange- Mr. UNDERWOOD. Madam Speaker, I United States Congress to recognize les. thank my colleague for yielding me the Mr. Ileto was a letter carrier for the time. this wonderful, wonderful man, we will United States Postal Service. While he Madam Speaker, I stand in strong say to all of America that we, the Con- lived in Chino Hills, California, he support of the bill offered by the gen- gress of the United States, will not stand for that kind of conduct. As we worked at the Chatsworth Post Office, tleman from California (Mr. GARY MIL- lift him up and say to Mr. Ileto and to located at 21606 Devonshire Boulevard LER), H.R. 3189. As outlined, this bill in Chatsworth, California. will designate the United States Post his family that we are grateful for his A letter carrier for just 2 years, he Office in Chino Hills the Joseph Ileto service and all that he has given us, we was remembered by the Chatsworth Post Office. also say to all of those who want to Postmaster, Ramona Franco, as a good I stand in strong support of this on a wander throughout our country com- employee with a wonderful sense of couple of bases: One, as chairperson of mitting these kinds of offenses that we humor. According to Postmaster Fran- the Asian-Pacific American Caucus in will not stand for it, and we will do ev- co, Mr. Ileto was the recent recipient of Congress, we have a particular affinity erything in our power to stomp it out. To that end, Madam Speaker, I would a Special Achievement Award and rec- for this particular piece of legislation urge my colleagues to vote for this ognized for his outstanding perform- which is being passed in honor of Jo- very, very important piece of legisla- ance. seph Santos Ileto, a Filipino-American Joseph Santos Ileto was born on postal employee murdered by white su- tion. I thank the chairman, the gen- March 10, 1960, in Legaspi City, Phil- premacist Buford O. Furrow basically tleman from New York (Mr. MCHUGH), ippines, and named after St. Joseph, for being foreign-looking. the ranking member of our committee, the patron saint of workers. A Dodgers Basically, the entire incident involv- the gentleman from Pennsylvania (Mr. and Lakers fan, Mr. Ileto was a master ing the murder of Mr. Ileto was that he FATTAH), the gentleman from Cali- chess player who was murdered by looked like a foreigner. He was an fornia (Mr. WAXMAN), and the chair- white supremacist Buford Furrow Asian-American who was devoting his man, the gentleman from Indiana (Mr. while delivering mail on his mail life to public service in the Post Office. BURTON). Madam Speaker, I have no further re- route. Certainly I would like to also asso- quests for time, and I yield back the Joseph Santos Ileto was a fine man ciate myself with the comments about balance of my time. who loved his family and friends. My the Postal Service. My father was post- Mr. MCHUGH. Madam Speaker, I colleague, the gentleman from Cali- master at one time, and my grand- yield myself such time as I may con- fornia (Mr. GARY MILLER), is to be com- father was postmaster, so we have a sume. mended for recognizing a man who was long tradition in our family of paying Madam Speaker, let me first of all proud to wear the uniform of the honor and tribute to people who work express my appreciation to the gen- United States Postal Service letter in the Post Office. tleman from Maryland (Mr. CUMMINGS) carrier. I would agree with the gen- In this particular instance, we have and the gentleman from Guam (Mr. what is usually a person who does not tleman from New York (Chairman UNDERWOOD), and all of the minority MCHUGH), it is so appropriate that we attract much attention, but he is em- members, including, of course, the take this time to honor this postman. blematic of the many thousands of peo- ranking member, the gentleman from The thing is that so often when we ple who work for the Postal Service California (Mr. WAXMAN), for their con- name buildings, they are not named and who carry on their duties on a reg- tinued and continuous support on these after the people who do not normally ular basis. kinds of measures. make the front pages of the Wash- I want to commend the gentleman b ington Post or local papers, but this from California (Mr. GARY MILLER) on 1530 was a gentleman that so often I would his initiative to remember Joseph I do think it is a very fine example as take it that, like many other Post Of- Ileto, and to not let the issue go away to how the majority and minority can fice people, that we take for granted. about the circumstances of his murder work toward a common good and a They are the people who deliver our and bringing recognition of that. At common action. mail every day through the cold, the the same time, I want to point out that I also want to thank the gentleman sleet, the wind, the sun, whatever. the number of hate crimes which have from Indiana (Mr. BURTON), the chair- They are there. gone on this past year continues to in- man of the full committee, for his con- I join the gentleman from New York crease in this country. tinuous support in these efforts and for (Chairman MCHUGH) when he says that I think it is very important that, in helping us to expedite consideration as we want the family to know of our Mr. Ileto’s name, we continue to focus we wind down the end of this legisla- sympathy, and we want them to know on the issue of hate crimes, of which he tive session so that we can, indeed, pay how we feel so strongly about Mr. was himself a victim, and to continue tribute to a very deserving individual.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28905 I want to say that I certainly agree H.R 2307 this postal employee who is so actively with the comments of the two previous Be it enacted by the Senate and House of Rep- involved in a very important part of speakers. The cause of this crime was resentatives of the United States of America in his town’s history. And I am always, as despicable, and I think it is true as Congress assembled, chairman of the subcommittee, par- well that all Americans find hate and SECTION 1. DESIGNATION. ticularly gratified when those postal find the kinds of actions fueled by the (a) IN GENERAL.—The building of the employees, nearly 900,000 individuals hate in this instance to be unspeakably United States Postal Service located at 5 who each day make this wonderful sys- Cedar Street in Hopkinton, Massachusetts, evil. And to the extent that we can shall be known and designated as the tem work so well, are honored in this make a statement against that in this ‘‘Thomas J. Brown Post Office Building’’. manner, particularly, as it does in this forum, that is a positive thing. (b) REFERENCES.—Any reference in a law, case, occurring in their hometown in But I would say that we are here map, regulation, document, paper, or other the very facility in which they dis- today honoring an individual who fell record of the United States to the building charge those duties. and who was victimized and who we referred to in subsection (a) shall be deemed Madam Speaker, I reserve the bal- think would be worthy of this honor re- to be a reference to the ‘‘Thomas J. Brown ance of my time. gardless of the motivations of the Post Office Building’’. Mr. CUMMINGS. Madam Speaker, I criminal who took his life. This is a The SPEAKER pro tempore. Pursu- yield myself such time as I may con- man who has, through his life, through ant to the rule, the gentleman from sume. his roots and the way in which he has New York (Mr. MCHUGH) and the gen- Madam Speaker, I join the gen- overcome, earned all of our admira- tleman from Maryland (Mr. CUMMINGS) tleman from New York (Mr. MCHUGH) tion. each will control 20 minutes. in his comments with regard to hon- Madam Speaker, Mr. Ileto I think in The Chair recognizes the gentleman oring this wonderful former post- many ways is a perfect profile for the from New York (Mr. MCHUGH). master. As a member of the Committee American dream, a gentleman who Mr. MCHUGH. Madam Speaker, I on Government Reform, I am pleased works hard, someone who carries the yield myself such time as I may con- to join him in consideration of H.R. common values that have continuously sume. 2307. bound this Nation together through Madam Speaker, H.R. 2307 was intro- H.R. 2307, introduced by the gen- our more than two centuries of exist- duced by the gentleman from Massa- tleman from Massachusetts (Mr. ence. And regardless of his race, his chusetts (Mr. MCGOVERN) on June 22 of MCGOVERN) on June 22, 1999, seeks to color, his religious beliefs or any other this year. This legislation designates honor Mr. Thomas J. Brown. Mr. distinguishing factor is a man fully de- the building of the United States Post- Brown is the former postmaster of the serving of this honor today. al Service located at 5 Cedar Street in town of Hopkinton, Massachusetts, and So with that, Madam Speaker, I offer Hopkinton, Massachusetts, as the past president of the Boston Athletic again our deepest sympathies to Mr. Thomas J. Brown Post Office Building. Association. Hopkinton, Massachu- Ileto’s family, to his loved ones, and to Both the relevant subcommittee and setts, is the starting point for the Bos- those who knew him and urge that all committee approved this legislation, ton Marathon, and Mr. Brown has been Members support this legislation. which is cosponsored by the entire extensively involved in this race in his Madam Speaker, I yield back the bal- House delegation of the State of Massa- capacity as president of the BAA. ance of my time. chusetts. Designating a post office after a The SPEAKER pro tempore (Mrs. Madam Speaker, Mr. Brown is a past former postmaster is an excellent way BIGGERT). The question is on the mo- president of the Boston Athletic Asso- to honor Mr. Brown’s achievement. tion offered by the gentleman from ciation and former postmaster of the Madam Speaker, I could go on into fur- New York (Mr. MCHUGH) that the town of Hopkinton, which is the start- ther detail about the numerous com- House suspend the rules and pass the ing point for the Boston Marathon. Mr. munity activities Mr. Brown is in- bill, H.R. 3189. Brown has been actively involved in volved in, but I would prefer to yield The question was taken; and (two- the Boston Marathon in his capacity as time to the sponsor of H.R. 2307, the thirds having voted in favor thereof) president of the Boston Athletic Asso- gentleman from Massachusetts (Mr. the rules were suspended and the bill ciation. MCGOVERN). was passed. Madam Speaker, again we are here, Madam Speaker, I reserve the bal- A motion to reconsider was laid on as we did in the first bill, although ance of my time. the table. under very, very different cir- Mr. MCHUGH. Madam Speaker, I con- cumstances, paying tribute to an indi- tinue to reserve the balance of my f vidual who perhaps does not find his time. GENERAL LEAVE name on the front page of the Nation’s Mr. CUMMINGS. Madam Speaker, I newspapers or as one of the lead stories yield 31⁄2 minutes to the gentleman Mr. MCHUGH. Madam Speaker, I ask on the evening news broadcast. But, from Massachusetts (Mr. MCGOVERN). unanimous consent that all Members nevertheless, we are here honoring a Mr. MCGOVERN. Madam Speaker, I may have 5 legislative days within man who has, through his association, thank the gentleman from Maryland which to revise and extend their re- both with the Postal Service and with (Mr. CUMMINGS) not only for his sup- marks on H.R. 3189, the bill just passed. his activities and love of his commu- port but for yielding me this time. The SPEAKER pro tempore. Is there nity, has shown great leadership in im- Madam Speaker, I rise in support of objection to the request of the gen- portant ways. H.R. 2307 to designate the Thomas J. tleman from New York? I would say, Madam Speaker, that Brown Post Office Building in There was no objection. Mr. Brown is a kind of testament to, Hopkinton, Massachusetts. I wish to f again, the American way of life, to thank the gentleman from New York someone who is not involved in any (Chairman MCHUGH) for his support THOMAS J. BROWN POST OFFICE kind of community activity for power and for the support of this sub- BUILDING or glory or certainly for enrichment, committee in moving this bill through Mr. MCHUGH. Madam Speaker, I but rather cares about their neighbors, the Committee on Government Reform move to suspend the rules and pass the cares about his association with those and bringing it to the House floor bill (H.R. 2307) to designate the build- neighbors, and works simply to make today. ing of the United States Postal Service today better than yesterday and, hope- This bill will name the Federal Post located at 5 Cedar Street in Hopkinton, fully, tomorrow a little bit better than Office at 5 Cedar Street in Hopkinton, Massachusetts, as the ‘‘Thomas J. today. Massachusetts, after Thomas J. Brown. Brown Post Office Building’’. I would certainly urge all of our col- Mr. Brown is a long-time resident of The Clerk read as follows: leagues to support H.R. 2307 and honor Hopkinton, served as postmaster from

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28906 CONGRESSIONAL RECORD—HOUSE November 8, 1999 1940 to 1970, and this bill will give the likely will open this fall and be dedicated to The new 13,800-square-foot post office is brand-new Hopkinton Post Office a former postmaster and Boston Marathon roughly five times the size of the current name in tribute to a man who has honcho Thomas J. Brown. building. The proposal to name the soon-to-be- served his community with pride and ‘‘Everyone has been ready for this for a opened post office, which passed out of com- while now,’’ Hester said. ‘‘You wouldn’t be- dignity for over 30 years. mittee earlier this month, is expected to be lieve how excited we are.’’ Mr. Brown is a World War II veteran, adopted by Congress by October, if not soon- Hester is among those cheering the new having served in San Francisco and er. opening. For one thing, he gets to move out Pearl Harbor in the Postal Division of ‘‘I’m so pleased this is progressing so of the old trailer parked behind the buildings the United States Navy from 1942 to well,’’ said Guy Morse, president of the Bos- that has been his office for years. 1946. He served on the Board of Gov- ton Athletic Association and the man behind ‘‘The other post office could just about fit the move to dedicate the building in Brown’s ernors from 1978 to 1985, and as presi- in this lobby,’’ said Hester, walking inside name. the new facility yesterday afternoon. dent from 1982 to 1985 of the Boston Brown, who served as Hopkinton’s post- Along with more office space, the new Athletic Association. Of national im- master from 1940–1970, now lives in Maine. building has an extra customer service win- portance, Mr. Brown also served as offi- A former Hayden Rowe Street resident, he dow, 800 post office boxes and a stamp vend- cial starter of the Boston Marathon, was president of the Boston Athletic Asso- ing machine, along with more parking the famous 26-mile race that starts in ciation from 1982–1985. He also served as the spaces. the town of Hopkinton, Massachusetts. official starter of the marathon for a number There is also an electronic scale inside the of years. lobby allowing customers to weigh and This new post office is vital to the ‘‘The bill has been marked up by the Com- stamp their packages without ever having to town of Hopkinton. Roughly five times mittee on Government Reform and when wait in line. the size of the current building, this they come back from recess at the beginning There will also be an entire wall lined with new building has an extra customer of September it will go to the floor,’’ said prepackaged stamps and other merchandise. service window, 800 post office boxes Michael Mershon, a spokesman for U.S. Rep. Also in for a change will be the hours of and a stamp vending machine. This James McGovern, D-3rd. the service windows. ‘‘The person I spoke to yesterday said they The old building used to open the windows new post office is needed because of the expect it to pass through the floor of the from 7:30 a.m. to 5 p.m. Mondays through rising number of new residents who House no later than mid-October.’’ have moved to Hopkinton in the past Once the measure is approved, it goes to Fridays. They will now open an hour later. decade. These improvements will bet- the U.S. Senate before landing on the presi- ‘‘I did a study to determine what people dent’s desk for his signature. were buying during different hours and what ter serve all the residents of the sur- I found out is 90 percent stamps during that rounding area in honor of Mr. Brown When the bill makes it to the Senate, Sen. John Kerry, D-Mass., will take the reins. early hour,’’ Hester said. and his dedication to his community. ‘‘There has been no doubt in my mind that With the stamp vending machine, it made The Town of Hopkinton Office of the the new post office in Hopkinton should be little sense to keep the window open for that Selectmen, the Boston Athletic Asso- named after Tom Brown—someone who has hour. ciation, and the entire Massachusetts served his community for years as post- The Saturday hours will be shortened, as congressional delegation support this master and who has contributed so much of well, with the post office opening from 8:30 bill to honor Thomas J. Brown’s com- his time and energy to the Boston Mara- a.m. to noon closing two hours early. ‘‘We just found that the volume wasn’t munity service. This is an important thon,’’ Kerry said. Along with McGovern and local town offi- there and like any other businesses we need bill to the Town of Hopkinton and to cials, Kerry has strongly supported naming to control costs,’’ he said. the lives of the people Mr. Brown has the post office after Brown. The prime reason for the new building is touched. ‘‘What better way to honor Tom Brown the soaring number of new residents who Madam Speaker, I urge my col- than to name the post office after him right have moved into town over the last decade. leagues to support H.R. 2307 and name in Hopkinton, where year after year we start The old building is simply buckling under the Hopkinton Post Office after Thom- the Boston Marathon,’’ Kerry said. the strain. as J. Brown. Morse toured the new post office earlier ‘‘This building is set up to anticipate new this week and spoke with the current post- growth,’’ he said. ‘‘This is a building every- Madam Speaker, I would like to sub- master about a ceremony. one should be proud of.’’ mit for the RECORD the following let- ‘‘We’re looking to hopefully have some- Before the building can be dedicated to ters of support and related news arti- thing in the beginning of October,’’ Morse Brown, U.S. legislators have to give the final cles about the new post office and the said. OK. effort to name it after Mr. Brown. ‘‘I’m very pleased that it looks like it Though the naming measure is routine, it might actually come about,’’ Morse said. ‘‘I takes time to filter through the House and TOWN OF HOPKINTON, think it’s a great testimony to Tom Brown OFFICE OF THE SELECTMEN, Senate, an aide to Rep. James McGovern, D– that so many people got involved to make Mass., said. Hopkinton, MA, June 4, 1999. this happen.’’ Mr. GUY L. MORSE III, The ceremony will probably take place in Director, Boston Athletic Association, [From the Hopkinton Town Crier, Oct. 19, November, said Bob Cannon, a spokesman for Boston, MA. 1999] the U.S. Postal Service. DEAR GUY: The Board of Selectmen re- NEW POST OFFICE, AWAITS OFFICIAL FANFARE Brown, who served as Hopkinton’s post- ceived your letter discussing the B.A.A.’s (By John B. Moore) master for 1940–1970. Now lives in Maine. A former Hayden Rowe Street resident, he proposal that the new Hopkinton Post Office The new post office will receive little fan- be dedicated to Tom Brown, long-time resi- was president of the Boston Athletic Asso- fare this week. ciation from 1982–1985. He also served as the dent of the Town, Hopkinton Postmaster The big celebration will likely be held in official starter of the Marathon for a number from 1940–1970, and official starter of the late fall when the building is officially dedi- of years. Boston Marathon for many years. cated to former resident and past Boston Our Board strongly supports this proposal. Marathon President Tom Brown. Mr. MCHUGH. Madam Speaker, I It would be a well-earned tribute to a man ‘‘One of the reasons we’re moving ahead have no further requests for time, and who served this community well, over many with the opening is because the asphalt I reserve the balance of my time. years. plants will probably be closed by the end of Mr. CUMMINGS. Madam Speaker, I We hope your proposal will be carefully November and we need to have the customer yield myself such time as I may con- considered by Congress, and successfully im- parking lot paved on time,’’ said Post Master plemented! John Hester. sume. Sincerely, The future lot now sits under the old, over- Madam Speaker, I thank the gen- MAUREEN L. DWINNELL, burdened post office resting in the shadow of tleman from Massachusetts (Mr. Chairman. the new state-of-the art facility on Cedar MCGOVERN) for his statement. One of Street, scheduled to open Monday. the things that he pointed out, Madam [From the Milford Daily News, Aug. 27, 1999] ‘‘We’ll close the old building at noon on Speaker, is that Mr. Brown is also a Saturday and start moving everything over NEW POST OFFICE IN HOPKINTON then.’’ Hester said Thursday. veteran. I think so often our veterans (By John B. Moore) The old building will be torn down to make play such significant roles while they HOPKINTON.—With little potential for con- room for more parking spaces. Both build- are in the military and when they troversy, the new Hopkinton Post Office ings are leased to the Postal Service. leave. And here is another example of a

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veteran when he left the military to go California (Mr. WAXMAN) as the rank- ‘‘Tracey’’ Ferguson and qualifying for his on and do some very, very significant ing member of the full committee and Professional Golfer’s Card; things to help people. the gentleman from Indiana (Mr. BUR- Whereas Payne Stewart donned what became his trademark knickers, long socks and The gentleman also talked about Mr. TON), chairman of the full committee, cap and won his first professional golf tour- Brown being the starter, the person and his staff and the staff of the Sub- nament in 1982 at the Quad Cities Open in Il- who started the race, and that is very committee on the Postal Service for linois—the only professional golf tour- significant when we think about what their untiring work in processing these nament victory his father ever saw him win; is happening today. He went on to talk in the way in which they should be Whereas Payne Stewart won 11 profes- about how this Post Office is much processed: in a bipartisan cooperative sional golf tournaments, including the larger so it could serve so many more manner. United States Open in 1991 and 1999 and the people as the town has grown. Madam Speaker, I close with a final Professional Golfers’ Association Champion- The fact is that our honoree, Mr. urging to all of our colleagues to sup- ship in 1989, and was a member of the United Brown, was one who was there way States Ryder Cup Team 5 times, including port this fine bill, H.R. 2307. the team that staged the greatest comeback back when, and now he has seen not Madam Speaker, I yield back the bal- victory in the history of the event in 1999; only the race grow but he has seen this ance of my time. Whereas in 1994, Payne Stewart was among wonderful town grow. And so it is with The SPEAKER pro tempore. The the first athletes inducted in the Missouri great honor and privilege that I take a question is on the motion offered by Sports Hall of Fame; moment today to, number one, thank the gentleman from New York (Mr. Whereas Payne Stewart was never selfish Mr. Brown for all that he has done. I MCHUGH) that the House suspend the with his successes, sharing generously with also want to thank the gentleman from rules and pass the bill, H.R. 2307. many charitable organizations, including giving his entire Bay Hill Classic winner’s Massachusetts (Mr. MCGOVERN) for The question was taken; and (two- purse of $108,000 to the Florida Hospital being so sensitive to all of those people thirds having voted in favor thereof) Golden Circle of Friends in memory of his fa- who are supporting this wonderful and the rules were suspended and the bill ther; very important legislation. I again was passed. Whereas just last year Payne Stewart and thank the gentleman from New York A motion to reconsider was laid on his wife donated $500,000 to the First Founda- (Mr. MCHUGH), the chairman of the the table. tion, the fund raising arm of the First Bap- Subcommittee on the Postal Service; f tist Church of Orlando, to be used for the ex- and I thank the gentleman from Penn- pansion of a Christian school; GENERAL LEAVE Whereas Payne Stewart always found time sylvania (Mr. FATTAH), the ranking to be a golf teacher and mentor to children Mr. MCHUGH. Madam Speaker, I ask member of that subcommittee; and of who were learning the game, returning to course the gentleman from Indiana unanimous consent that all Members Springfield in late July 1999 to conduct one (Mr. BURTON) and the gentleman from may have 5 legislative days within of many children’s clinics for would-be fu- California (Mr. WAXMAN), the chairman which to revise and extend their re- ture golf competitors; and ranking member respectively. marks on H.R. 2307, the bill just passed. Whereas Payne Stewart served as a role Madam speaker, I yield back the bal- The SPEAKER pro tempore. Is there model for his Christian faith and his sport in ance of my time. objection to the request of the gen- countless public and private ways; Mr. MCHUGH. Madam Speaker, I tleman from New York? Whereas Payne Stewart was a loving hus- yield myself the balance of the remain- There was no objection. band to his wife Tracey, daughter Chelsea, and son Aaron; f ing time. Whereas Payne Stewart was viewed by his Madam Speaker, let me associate b 1545 friends and former classmates as a fun-lov- myself with particularly the last coming, warm, and smiling man with a joy for ments by the gentleman from Mary- EXPRESSING THE CONDOLENCES life, his family and his sport; land (Mr. CUMMINGS). Veterans of vir- OF THE HOUSE OVER PAYNE Whereas Payne Stewart transcended the tually any war are a very special class STEWART’S DEATH game of golf as a timeless symbol of athletic of people to whom those of us who Mr. Miller of Florida. Madam Speak- talent, spirited competition, and a role enjoy the fruits of this wonderful de- model for people of all ages; and er, I move to suspend the rules and Whereas Payne Stewart died in a tragic mocracy really owe more than we can agree to the resolution (H. Res. 344) plane crash on October 25, 1999, along with ever repay. And I, too, want to thank recognizing and honoring Payne Stew- Van Arden, Stephanie Bellegarrigue, Bruce the gentleman from Massachusetts art and expressing the condolences of Borland, Robert Fraley, and Michael Kling: (Mr. MCGOVERN) for providing this op- the House of Representatives to his Now, therefore, be it portunity to recognize, not only as I family on his death and to the families Resolved, That the House of Representa- said earlier a 3-decade employee of the of those who died with him. tives— United States Postal Service, but like The Clerk read as follows: (1) recognizes and honors Payne Stewart— so many of his contemporaries, an indi- (A) as one of the greatest golfers; H. RES. 344 (B) for his many contributions to the Na- vidual whose record of service extends Whereas William Payne Stewart was born tion throughout his lifetime; and even beyond that of his service during in Springfield, Missouri, on January 30, 1957; (C) for transcending the game of golf and World War II. Whereas Payne Stewart was the son of Wil- becoming a timeless symbol of athletic tal- Heroes come in many different forms liam Stewart and Bee Payne-Stewart and ent, spirited competition, and a role model and walk in many different ways in brother of Susan and Lora; as a Christian gentleman and a loving father this life. To the community of Whereas Payne Stewart grew up in a lov- and husband; and Hopkinton, to the Greater Boston area, ing family in Springfield, Missouri, and was (2) extends its deepest condolences to the and to all of those across this country instilled with the strong family values of families of Payne Stewart and the other vic- hard work, academic achievement, and good tims in the plane crash, Van Arden, Steph- who believe, as I do, that the Boston sportsmanship; anie Bellegarrigue, Bruce Borland, Robert Marathon is such a special event, with- Whereas although Payne Stewart was a Fraley, and Michael Kling, on their tragic out question, this gentleman, Mr. good athlete in football and basketball, loss. Brown, is a hero. We are very, very under the mentoring of his father, he took SEC. 2. The Clerk of the House of Rep- lucky today to have this opportunity. up the game of golf, practicing and playing resentatives shall transmit an enrolled copy Madam Speaker, I too want to ex- at Hickory Hills Country Club and growing of this resolution to the family of each of the press my appreciation to the gen- to love the game and its history; victims. tleman from Maryland (Mr. CUMMINGS) Whereas Payne Stewart grew proficient in The SPEAKER pro tempore (Mrs. the game of golf during his years at Green- for being here today and for managing BIGGERT). Pursuant to the rule, the wood High School and at Southern Meth- this bill, for the continued support of odist University in Texas where he earned gentleman from Florida (Mr. MILLER) the gentleman from Pennsylvania (Mr. the status of ‘‘All-American’’; and the gentleman from Maryland (Mr. FATTAH) as the ranking member, along Whereas Payne Stewart attained two mile- CUMMINGS) each will control 20 min- with, of course, the gentleman from stones in 1981, marrying Marries Theresa utes.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28908 CONGRESSIONAL RECORD—HOUSE November 8, 1999 The Chair recognizes the gentleman rankings, died on his way to do what he his community made him stand out as from Florida (Mr. MILLER). loved best, died on his way to look at a wonderful human being. GENERAL LEAVE a field with regard to golf. Payne Stewart’s accomplishments Mr. MILLER of Florida. Madam Payne Stewart was on his way to speak for themselves. He was a member Speaker, I ask unanimous consent that Houston for practice rounds in advance of five Ryder Cup teams, including Sep- all Members may have 5 legislative of the Tour Championship when his tember’s winning team. He won 11 pro- days within which to revise and extend plane crashed in South Dakota. Mr. fessional tournaments in the United their remarks on H. Res. 344. Stewart died with five others, two pi- States, including three major golf The SPEAKER pro tempore. Is there lots of the plane Michael King, 43, championships. He was having his best objection to the request of the gen- Stephanie Bellegarrigue, 27, his agents year on the tour; and in the last golf tleman from Florida? Robert Fraley and Van Ardan and ranking, he was ranked eighth in the There was no objection. Bruce Borlan, a golf course designer. world. Mr. MILLER of Florida. Madam As expressed by this resolution, our Just a few years ago, some golf ex- Speaker, I yield myself such time as I condolences go out to all of the fami- perts began to write him off, that he may consume. lies affected by this terrible crash. was not going to be able to make it. Madam Speaker, I rise in support of Mr. Stewart, winner of the United They speculated his career was all but House Resolution 344. I would like to States Open at Pinehurst, North Caro- over after a number of years in the thank the distinguished gentleman lina, also played on the Ryder Cup PGA without a lot of success. However, from Springfield, Missouri (Mr. BLUNT) team that won an inspiring comeback after winning this year’s U.S. Open, for providing this House the oppor- victory over Europe in September. He which capped a 4-year return to the top tunity to express our condolences to won the Professional Golfer’s Associa- of the golfing world, Payne gave in- the family of Payne Stewart while ena- tion championship in 1989, and in 1991 sight into the real reason behind his bling us to celebrate his life and ac- captured his first U.S. Open title at Ha- turnaround. He spoke of a renewed complishments. zeltine in Minnesota, after an 18-hole faith in God that had given him inner I would also like to thank the gen- playoff. peace and had led to a stronger family tleman from Indiana (Mr. BURTON), Tim Finchem, the PGA Tour Com- life. chairman of the Committee on Govern- missioner, is quoted as saying that, Payne Stewart also gave generously of his time and money to charity ment Reform, who recognized the time- ‘‘Payne represented the best of golf. He causes. He was actively involved in the liness of this measure and expedited was a man of great faith, a devoted, First Baptist Church in Orlando, Flor- this opportunity for consideration be- compassionate, and most energetic ida. The Reverend Jim Henry, who was fore the House today. husband and father, and a man of tre- one of his pastors, said this of Payne, This resolution has many cosponsors mendous generosity.’’ Tiger Woods, ‘‘He was a wonderful Christian who had who welcome the opportunity to pro- upon hearing the news of Stewart’s Christ in his life and somehow in his vide Payne Stewart this fitting mo- death, commented, ‘‘It is shocking; it’s death.’’ ment of honor. Our celebration of his a tragedy. There is an enormous void He was also a good neighbor. One of life is a quiet reflection of the patriot- and emptiness I feel right now.’’ his neighbors summed it up by saying, ism that he displayed so proudly That void and emptiness was felt by ‘‘Payne was an unbelievable person.’’ throughout his professional career. the 3,000 people attending Stewart’s Recent news reports said that he was During that career, Payne Stewart memorial service, over 100 of which even well-known among his neighbor- won 11 professional championships, were PGA Tour players and officials. hood for fixing pancakes after his chil- three of them majors. Twice he won At the memorial service, Paul Azinger, dren’s sleep-overs. Parents and fathers the United States Open. He walked the a close friend of Stewart’s pulled a should be proud of that, and Payne was fairways wearing his trademark knick- tam-o’-shanter cap over his head and certainly a good example. ers and tam o’shanter, commonly rolled up his trousers to knickers In the world of sports today, Payne blending a combination of colors sym- length, revealing a vibrant pair of ar- Stewart was every bit of a role model. bolizing the nearest available National gyle socks, a poignant tribute to the May God grant us many more Payne Football League team. distinctive sports clothing Stewart was Stewarts. By honoring him today, we His many accomplishments on the known for wearing. express our thanks for his example, and golf course were the building blocks At the start of the PGA Tour Cham- we offer our prayers and condolences to that qualified him to represent this pionship that Mr. Stewart was sched- his family for their loss. country in international competition. uled to play in, a bagpipe played the Mr. CUMMINGS. Madam Speaker, I His smooth swing, and controlled, Scottish lament ‘‘Going Home’’. Payne yield 5 minutes to the distinguished steady play were vital to the United Stewart once said, ‘‘I’m going to a spe- gentleman from American Samoa (Mr. States team’s dramatic come-from-be- cial place when I die. But I want to be FALEOMAVAEGA). hind victory in this year’s Ryder Cup sure my life is special while I’m here.’’ Mr. FALEOMAVAEGA. Madam competition. He took great pride in Payne Stewart is home now, and his Speaker, I want to thank the gen- wearing the red, white, and blue. life here on Earth was, indeed, special. tleman from Maryland for extending His widow and two children knew his Madam Speaker, I reserve the bal- me this time to say a few words in sup- full devotion. He took pride in his role ance of my time. port of this great American. as a husband and father, and he pro- Mr. MILLER of Florida. Madam Madam Speaker, I rise today in vided a model of spirited dedication Speaker, I yield 2 minutes to the gen- strong support of this legislation which throughout his life. We welcome this tleman from Kansas (Mr. RYUN), one honors professional golfer Payne Stew- opportunity to recognize his life, and Olympian in our United States Con- art and expresses the heartfelt condo- to join the many golf fans throughout gress, an Olympic runner. lences of our Nation to Payne Stew- the country in extending our condo- Mr. RYUN of Kansas. Madam Speak- art’s family upon his tragic death. I lences to his widow, his children, and er, Payne Stewart’s tragic death want to commend the gentleman from his friends. shocked the United States and the Missouri (Mr. BLUNT), my good friend, Madam Speaker, I reserve the bal- world just 2 short weeks ago. Today, for introducing this most worthy meas- ance of my time. the House honors him in a fitting trib- ure. Mr. CUMMINGS. Madam Speaker, I ute to his life. Like many around the world, I was yield myself such time as I may con- One does not have to be a golfer to shocked and saddened by the events of sume. know who Payne Stewart was. While October 25, 2 weeks ago, when the Lear Madam Speaker, Payne Stewart, who his talent and distinctive style made Jet carrying Payne Stewart became was an 11-time winner of the PGA Tour him stand out on the course, his love of disabled and crashed. The accident re- and stood eighth in the world golf family and love of God, involvement in minds us of how fleeting and uncertain

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28909 life can be, no matter what our status American. The act of sportsmanship away. The gentleman from Florida (Mr. is. symbolized what Payne Stewart was MCCOLLUM) represents Payne Stewart’s Madam Speaker, although Payne all about, and endeared him to millions district and was, unfortunately, unable Stewart has left this earthly existence, around the world. to be here today because of flight his legacy and what his life stood for Madam Speaker, I urge our col- schedules, but did present something will continue to live on in our memory leagues to join us in this measure hon- on the floor of the House shortly after and in the annals of sports and history. oring Payne Stewart, a great and gen- his death. As a hacker who loves the game of erous man, a man of intense religious The gentleman from Missouri (Mr. golf, and all my colleagues on this side faith, a man of deep family commit- BLUNT) also wanted to be here today of the aisle who also love the sport, ment, a champion and fierce compet- but, unfortunately as well, due to Madam Speaker, I fully appreciate and itor, and a loyal and patriotic son of flight schedules, was not able to be understand how difficult, demanding, America. here. He represents Springfield, Mis- and frustrating the sport of golf can be, We send our condolences, deepest souri, which is the original hometown especially at the rarefied levels of pro- condolences to the family of Payne of Payne Stewart, and his death was fessional golf. Therefore, I deeply re- Stewart and to the families of all those especially felt in that community. spect the tremendous achievements of who perished with them. My colleague from Maryland talked Payne Stewart in winning 11 PGA tour- Mr. CUMMINGS. Madam Speaker, I about Paul Azinger, who is one of my naments in his shortened career, which yield myself such time as I may con- constituents back in Bradenton, Flor- include three major championships, the sume. ida, and just the photograph and the PGA in 1989, the U.S. Open in 1991, and Madam Speaker, the gentleman from description of that when he gave the the U.S. Open this year. American Samoa (Mr. FALEOMAVAEGA) eulogy just conveyed the personality, Winning even one major champion- and the gentleman from Kansas (Mr. the warmth, the love that his col- ship is considered the pinnacle of excel- RYUN) spoke about Payne Stewart’s re- leagues and all felt for this person. House Resolution 344 provides a fit- lence and the defining moment in a ligious faith. It is interesting to note ting commemoration of this exuberant professional golfer’s career. It is not that, after the 1998 U.S. Open, when Mr. and accomplished professional and pa- surprising that an athlete of Payne Stewart failed to come in first, many triot. Today, he ranks as the third Stewart’s brilliance earned this honor did, in fact, accuse him of choking. But leading money winner in golf history, several times. the fact is he did not choke. He just did but he is at the top of the list in terms While Payne Stewart’s shot-making not win. of the character and dedication that he and colorful knickers attire attracted a It is interesting that, after the 1999 brought to his wonderful life. lot of attention, what most impressed U.S. Open, when he did come in first, me about Payne Stewart was the class I am proud to bring this legislation he said something that I think should to the floor, and I ask for the full sup- and sportsmanship that he showed become a part of the DNA of every one port of all Members on this resolution. while competing. After his heart- of us. He said, ‘‘I have got to give Mr. McCOLLUM. Madam Speaker, I rise breaking loss in the 1998 U.S. Open in thanks to the Lord for giving me the today to honor and remember one of Amer- the closing moments due to a bad ability to believe in myself. Without ica’s true professionals and most notable break, a divot lie after a perfect drive that peace I have in my heart, I would golfers, Payne Stewart. On October 25, 1999, in the fairway, many will remember not be sitting here today.’’ Those are America lost a great sportsman and Central that Mr. Stewart held his head high very profound words because those are Florida lost one of it’s most beloved citizens. and refused to make excuses in re- words of a true champion. However, the memory and legacy of Payne sponse to those that accused him of So often champions lose and have to Stewart continue to live through the contribu- choking. This year, he answered those dust themselves off, get back up, and tions he made not only in the sports world, but critics by sinking the longest putt ever come out the next day. What Mr. Stew- also in the Orlando community where he lived. to win the U.S. Open. art was saying is that, although I may He was a great golfer for many reasons— Madam Speaker, for the past several not have come in first in 1998, I just 20 years in the professionals, 3 majors wins, years, I had hoped, it was like a dream thank God for giving me the peace to 8 PGA tours, and 7 victories worldwide. None to me, that perhaps someday I might continue to believe in myself so that I of us can forget that famous 15-foot birdie putt have the honor and privilege of playing can come in first in 1999. in the U.S. Open this year which gave him the a round with golfer Payne Stewart. He I think that is a lesson that he leaves great victory only a few months ago at Pine- would wear his stylistic knickers for with all of us, for our children, and for hurst—a victory that came as a result of the which he is so famous for, and I would our children’s children, and for every- longest putt in the history of the U.S. Open. wear my Samoan lavalava, an attire body who plays this wonderful sport But Payne Stewart was much more than a that looks somewhat like a skirt, but I called golf, or any other sport for that great golfer. He was a humanitarian, who held call it the Samoan version of the Scot- matter, that we must hope and pray great convictions. In 1983, Payne and his fam- tish kilts that Scotsmen wear when that we have the peace, the simple ily made their home in Orlando in my congres- playing golf at St. Andrews. Since the peace, and the belief in ourselves to al- sional district. I can tell my colleagues that the game of golf originated, it is my under- ways come back the next day and be people of Central Florida benefited greatly standing, in Scotland, I am surprised victorious, and even if we are not, just from Payne’s generosity and his warmth and that the great golfer Colin Mont- the idea of knowing that we still have compassion for other people. gomery does not wear his kilt when he that peace. Payne Stewart was more than just a role plays golf. I suspect that Mr. Stewart With that, it is a great honor that I model to the many aspiring young athletes in would have done the same if he had urge all of my colleagues to support our state and across the nation. He was lived a little longer. this legislation. someone who used the profile he earned on In September at the Ryder Cup Madam Speaker, I yield back the bal- the golf course to make our community a bet- matches, after the competition had al- ance of my time. ter place. Just last month, Payne and his wife, ready been decided, Payne Stewart b Tracey, gave $500,000 to the First Baptist showed class and character again by 1600 Church of Orlando to be used in part for ex- conceding a winning putt to his oppo- Mr. MILLER of Florida. Madam pansion of the Christian school on the church nent, Colin Montgomery, who he felt Speaker, I yield myself the balance of grounds. had endured vicious heckling and my time. Perhaps his most well-known charitable taunting all day from overzealous It is a special honor for me to be here contribution came back in 1987 when he do- American fans. While the conceded today to present this resolution. As a nated $108,000, his winnings from the Bay Hill shot ensured Payne’s loss in the singles Floridian, Payne Stewart lived in the Classic tournament, to the Florida Hospital. match, it was a heartfelt gesture of Orlando area. Of course, my home is Those funds went to the Florida Hospital Cir- class by a true gentleman and a true over in the Bradenton area, 100 miles cle of Care home in Altamonte Springs for the

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\BR99\H08NO9.000 H08NO9 28910 CONGRESSIONAL RECORD—HOUSE November 8, 1999 out-of-town parents of cancer patients. He was fundraising arm of the First Baptist Church of the first and second games of the 1919 World someone who truly recognized the joy of giv- Orlando, to be used for the expansion of a Series to the Cincinnati Reds; ing and making a difference in the lives of chil- Christian school. Whereas in September 1920, a criminal dren. In the most recent years of his life, Payne court acquitted ‘‘Shoeless Joe’’ Jackson of Payne was also a devoted family man, who the charge that he conspired to throw the Stewart devoted his life to his family and his 1919 World Series; was proud that his faith in God provided him faith in God. Whereas despite the acquittal, Judge with strength and peace. Though his love for Payne Stewart’s love for America was a Kenesaw Mountain Landis, baseball’s first the game of golf ran deep, his love for his great credit to the game of golf and to our commissioner, banned ‘‘Shoeless Joe’’ Jack- family ran deeper still. He was a dedicated fa- country. son from playing Major League Baseball for ther and husband. On more than one occa- I urge my colleagues to join me in extending life without conducting any investigation of sion, Payne commented publicly that he most the House of Representatives’ deepest condo- Jackson’s alleged activities, issuing a sum- enjoyed being at home, being a father, making lences to Payne Stewart’s family, and to the mary punishment that fell far short of due process standards; breakfast, and taking his kids to school. families of Robert Fraley, Van Arden, Michael I know that many Floridians will miss him Whereas the evidence shows that Jackson Kling, Stephanie Bellegarrigue, and Bruce did not deliberately misplay during the 1919 deeply. Many in Central Florida will miss him, Borland. World Series in an attempt to make his team not only because of his golf career and be- Mr. MILLER of Florida. Mr. Speaker, lose the World Series; cause of his wit, but because of his charitable I have no further requests for time, and Whereas during the 1919 World Series, contributions. But a lot will miss him person- I yield back the balance of my time. Jackson’s play was outstanding—his batting ally. The SPEAKER pro tempore (Mr. GIB- average was .375 (the highest of any player from either team), he set a World Series But I think the people who are obviously BONS). The question is on the motion going to miss him most will be his wife, Tra- record with 12 hits, he committed no errors, offered by the gentleman from Florida and he hit the only home run of the series; cey, and his two wonderful children, Chelsea (Mr. MILLER of Florida) that the House and Aaron. Our hearts go out to them, to Whereas because of his lifetime ban from suspend the rules and agree to the reso- Major League Baseball, ‘‘Shoeless Joe’’ Payne’s family. He was a great man, a great lution, House Resolution 344. Jackson has been excluded from consider- golfer. His life ended in tragedy, but he gave The question was taken. ation for admission to the Major League so much to so many. Mr. MILLER of Florida. Mr. Speaker, Baseball Hall of Fame; Although we continue to mourn the loss of on that I demand the yeas and nays. Whereas ‘‘Shoeless Joe’’ Jackson died in Payne Stewart and his contributions to the 1951, and 80 years have elapsed since the 1919 The yeas and nays were ordered. world of sports, his community and to his fam- World Series scandal erupted; The SPEAKER pro tempore. Pursu- ily, we are blessed to have been influenced by Whereas recently, Major League Baseball ant to clause 8 of rule XX and the his enthusiasm and love for life, which none of Commissioner Bud Selig took an important Chair’s prior announcement, further us will soon forget. Payne Stewart is husband, first step toward restoring the reputation of proceedings on this motion will be ‘‘Shoeless Joe’’ Jackson by agreeing to in- father, golfer and friend who will be long re- postponed. vestigate whether he was involved in a con- membered and long cherished. f spiracy to alter the outcome of the 1919 Mr. BURTON of Indiana. Madam Speaker, World Series and whether he should be eligi- Payne Stewart transcended the game of golf EXPRESSING SENSE OF HOUSE ble for inclusion in the Major League Base- and will always be a timeless symbol of ath- ball Hall of Fame; and THAT JOSEPH JEFFERSON letic talent, spirited competition, and a role Whereas it is appropriate for Major League ‘‘SHOELESS JOE’’ JACKSON BE model as a Christian gentleman. Baseball to remove the taint upon the mem- APPROPRIATELY HONORED FOR That’s why I’m proud to join my colleague ory of ‘‘Shoeless Joe’’ Jackson and honor his OUTSTANDING BASEBALL AC- from Missouri, Congressman BLUNT, in spon- outstanding baseball accomplishments: Now, COMPLISHMENTS therefore, be it soring H. Res. 344, a resolution recognizing Resolved, That it is the sense of the House and honoring Payne Stewart, and expressing Mr. TERRY. Mr. Speaker, I move to of Representatives that Joseph Jefferson the condolences of the House of Representa- suspend the rules and agree to the reso- ‘‘Shoeless Joe’’ Jackson should be appro- tives to his family, and the families of the other lution (H. Res. 269) expressing the sense priately honored for his outstanding baseball victims who perished in the October 25th of the House of Representatives that accomplishments. plane crash. Joseph Jefferson ‘‘Shoeless Joe’’ Jack- The SPEAKER pro tempore. Pursu- At the age of 42, and while experiencing the son should be appropriately honored ant to the rule, the gentleman from best year as a professional golfer in his life, for his outstanding baseball accom- Nebraska (Mr. TERRY) and the gen- U.S. Open Champion Payne Stewart, a de- plishments. tleman from Maryland (Mr. CUMMINGS) voted father and husband, tragically was killed The Clerk read as follows: will each control 20 minutes. in a plane crash along with Van Arden, Steph- H. RES. 269 The Chair recognizes the gentleman anie Bellegarrigue, Bruce Borland, Robert Whereas Joseph Jefferson ‘‘Shoeless Joe’’ from Nebraska (Mr. TERRY). Fraley, and Michael Kling. Jackson, a native of Greenville, South Caro- GENERAL LEAVE Payne Stewart, attired in plus-fours and a lina, and a local legend, began his profes- Mr. TERRY. Mr. Speaker, I ask unan- tam o’shanter hat was one of the most indomi- sional career and received his nickname imous consent that all Members may table personalities in the game of golf. while playing baseball for the Greenville have 5 legislative days in which to re- He made history when he won his second Spinners in 1908; vise and extend their remarks on this U.S. Open sinking the longest putt ever to win Whereas ‘‘Shoeless Joe’’ Jackson moved to legislation, House Resolution 269. the U.S. Open in the tournament’s 105-year the Philadelphia Athletics for his major The SPEAKER pro tempore. Is there league debut in 1908, to Cleveland in 1910, and history. to the Chicago White Sox in 1915; objection to the request of the gen- As a member of the U.S. Ryder Cup team, Whereas ‘‘Shoeless Joe’’ Jackson’s accom- tleman from Nebraska? he displayed his patriotism and pride for his plishments throughout his 13-year career in There was no objection. country, and his sportsmanship in helping lead professional baseball were outstanding—he Mr. TERRY. Mr. Speaker, I yield my- the U.S. team to victory. was one of only seven Major League Baseball self such time as I may consume. Payne Stewart was more than just a role players to ever top the coveted mark of a .400 Mr. Speaker, I rise in support of model to many aspiring athletes in the United batting average for a season, and he earned House Resolution 269. I would like to States. a lifetime batting average of .356, the third thank my distinguished colleagues He truly recognized the joy of giving and highest of all time; from South Carolina, the delegation, making a difference in the lives of children. Whereas ‘‘Shoeless Joe’’ Jackson’s career for their interest in American baseball He donated his winner’s check from the record makes him one of our Nation’s top history and their sense of justice in at- baseball players of all time; 1987 Bay Hill Invitational to the Florida Hos- Whereas in 1919, the infamous ‘‘Black Sox’’ tempting to restore Shoeless Joe Jack- pital Circle of Friends to aid the families of scandal erupted when an employee of a New son’s place that his performance on the cancer patients. York gambler allegedly bribed eight players field earned him. Just last year, Payne Stewart and his wife of the Chicago White Sox, including Joseph I would also like to thank the chair- donated $500,000 to the first Foundation, the Jefferson ‘‘Shoeless Joe’’ Jackson, to throw man of the Committee on Government

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28911 Reform, who recognized the timeliness ing but lead where my brains ought to Mr. TERRY. Mr. Speaker, I yield of this measure and expedited this op- be. That was fine with me. I was able such time as he may consume to the portunity for consideration before the to fool a lot of pitchers and managers gentleman from South Carolina (Mr. House today. and club owners I wouldn’t have been DEMINT), the author of this resolution. The resolution is presented 80 years able to fool if they’d thought I was Mr. DEMINT. Mr. Speaker, I thank after the World Series in which the smarter.’’ both gentlemen for their wonderful re- Chicago White Sox lost to the Cin- How and why Shoeless Joe Jackson marks. cinnati Redlegs. During that series, got his name is exaggerated. One day, Mr. Speaker, some might ask why, Joe Jackson had the highest batting after getting blisters from his new with all the important issues, prob- average on either team, set a World Se- baseball cleats, Jackson played one lems, and challenges that this Congress ries record by collecting 12 hits, includ- game in his stocking feet. One game. faces, why consider and vote on a reso- ing the only home run on either team, Not a season and not because he could lution about a man who played base- and was not charged with a single error not afford to buy cleats, as is widely ball 80 years ago and who has been dead on the field. reported. almost 50 years? Why is he important Shoeless Joe Jackson remains an Then, there is the well-known re- to me today and why should he deserve American icon, a perennial symbol of a frain, ‘‘Say it ain’t so, Joe,’’ that sup- the attention of the American people young man who unknowingly became posedly took place after Jackson was today? involved in the intrigues that sur- arrested for conspiring to throw the I am speaking of Joseph Jefferson rounded his activities. On the field, 1919 World Series. As the story goes, a Jackson, Shoeless Joe to those who are Shoeless Joe Jackson’s records speak boy approached Joe and pleaded, ‘‘Say familiar with baseball. He is important for themselves. Only Ty Cobb and Rog- it ain’t so Joe,’’ and Joe replied, ‘‘Yes, because he is here today in spirit ask- ers Hornsby’s surpassed his .356 life- kid, I’m afraid it is.’’ As Jackson would ing for justice. America has learned the time batting average. His 13-year ca- later tell it, that tale is just that. hard lesson that when injustice can reer with the Philadelphia Athletics There was no kid, and no arrest. Char- prevail upon one of us, it is a threat to and the Chicago White Sox provided a lie Owens, a reporter with the Chicago all of us. So our consideration today is background of consistent accomplish- Daily Times made the story up and not only about injustice against one ments. published it. man, it is about protecting justice for Shoeless Joe Jackson was never con- What is the truth about Joe Jackson? everyone. victed of a crime. In fact, found not He was a rising baseball star until he And while we believe that our efforts guilty. Nevertheless, when Judge was banned from baseball for allegedly today will be good for baseball, Amer- Kenesaw Mountain Landis became participating in the 1919 Chicago White ica’s favorite pastime, we are equally Commissioner of Baseball, he used Sox gambling scandal. In 1921, Jackson convinced that our efforts will protect Shoeless Joe Jackson and his seven was acquitted of all charges and left the American Dream, the dream that teammates to demonstrate the firm- the courtroom an innocent man. How- even the poorest American, with hard ness of his commitment to the integ- ever, despite three attempts by his work, can end up at the top of the rity in our national pastime. He im- home State of South Carolina, Joe world. posed a lifetime ban from baseball Jackson was never reinstated. Shoeless Joe worked his way from where the courts could not act. The only interview Joe Jackson con- being a poor, illiterate mill worker, Shoeless Joe Jackson died in 1951, ducted regarding the Chicago White which is where he started, to becoming having endured more than 30 years the Sox scandal was in the 1949 edition of one of the best baseball players of all exile that baseball imposed upon him. Sport Magazine. In the article, entitled time. No one who has lived that Amer- His records remain on the books and ‘‘This Is the Truth,’’ Joe Jackson ican dream and achieved so much his level of accomplishments far exceed maintains his innocence and states, ‘‘I should be stripped of his honor and his the feats that earn today’s baseball have never made any request to be re- dignity and his livelihood without due players millions of dollars. instated in baseball, and I have never process, even without a hearing. When Americans are people whose fairness made any campaign to have my name this can happen to one of us, it can can allow them to recognize these cleared in the baseball records. This is happen to any one of us. great accomplishments without in any not a plea of any kind. This is just my Mr. Speaker, I introduced House Res- way compromising the standards of ex- story. I am telling it simply because it olution 269, along with the entire cellence and integrity that we must de- seems 30 years after the World Series, South Carolina delegation, earlier this mand at the highest levels of any pro- the world may want to hear what I summer. This resolution simply states fession. Shoeless Joe Jackson has have to say.’’ He goes on to say, ‘‘Base- that Shoeless Joe Jackson should be earned a place among the immortals of ball failed to keep faith with me. When appropriately honored for his out- the baseball world, and this resolution I got notice of my suspension 3 days standing baseball accomplishments. provides a fitting opportunity for this after the 1920 season, it read that if This resolution has gathered broad sup- House to remember the accomplish- found innocent of any wrongdoing, I port from both political parties. It is ments of his excellent career. would be reinstated. If found guilty, I fitting that even in the tension of these Mr. Speaker, I reserve the balance of would be banned for life. I was found last days in Congress that we pause and my time. innocent, and I was still banned for find common ground in paying tribute Mr. CUMMINGS. Mr. Speaker, I yield life.’’ It would seem that you are inno- to a hero of our great national pastime. myself such time as I may consume. cent until proven guilty in a court of While there are important issues to Mr. Speaker, it is interesting to hear law, but not in baseball. consider and to complete before we fin- the tales that have been spun about The South Carolina delegation re- ish Congress’ session, it is worthy of Shoeless Joe Jackson. Called one of the cently sent a letter to baseball com- this body to take a few minutes to saddest figures ever to play baseball, missioner Alan Selig to have outfielder stand up for fairness and to right an Joe Jackson was reported to be an illit- Joe Jackson posthumously reinstated. old wrong by honoring a baseball leg- erate country boy who only knew how They have also introduced this resolu- end. As most baseball fans know, to play baseball. tion, expressing the sense of the House Shoeless Joe Jackson was one of the As it turns out, Joe Jackson died a to appropriately honor Joseph Jeffer- greatest baseball players ever to play successful businessman at age 61, earn- son Jackson. I urge my colleagues to the game. ing between $50,000 to $100,000 a year. join me and the South Carolina delega- The people of my district are very fa- During an interview, Jackson is quoted tion in supporting this resolution. It is miliar with Shoeless Joe, since he grew as saying, ‘‘All the big sports writers time for the truth to be told. up playing baseball in the mill leagues seemed to enjoy writing about me as Mr. Speaker, I reserve the balance of in Greenville, and he spent the last an ignorant cotton-mill boy with noth- my time. part of his life in that city as well.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.000 H08NO9 28912 CONGRESSIONAL RECORD—HOUSE November 8, 1999 While he could not read or write early, thrill. He said he will continue to fight the Commissioner a petition with 10,000 and he only learned to sign his name for ‘‘Shoeless’’ Joe until his last day, names signed from my home district, later in life, as has already been point- and he thanked all of us in Congress all pleading with the Commissioner to ed out, Shoeless Joe was very smart, in who are going to bat for Joe today. give Joe his rightful due. addition to being a great baseball play- I am not going to debate whether or The resolution which I have placed er. Throughout his life he never tired not the Commissioner’s verdict was the before the House today on behalf of the of teaching kids to play the game he right thing to do. He made his decision people in my district and baseball fans loved. There is even a baseball park and never reviewed it, despite the fact everywhere simply states that named after him in Greenville where that Jackson was acquitted of partici- ‘‘Shoeless’’ Joe Jackson should be ap- kids play his game today. There is also pating in the fix twice, once in 1920 by propriately honored for his outstanding a revitalization effort in a poor neigh- a friendly Chicago jury, and once in baseball accomplishments. Commis- borhood in my town named in his mem- 1924 by an impartial jury in Milwaukee. sioner Selig has agreed to review the ory to improve everyone’s life there. In fact, the jurors in Milwaukee were matter, and I have been following the And if anyone would like to see some of asked in a special interrogatory wheth- review process carefully. his memorabilia, we have some pic- er ‘‘Shoeless’’ Joe had conspired or par- I appreciate the Commissioner’s will- tures and other information in my of- ticipated in the fix of the Series. The ingness to review this matter, and I un- fice. answer was an emphatic no. derstand a decision is imminent. I am Those unfamiliar with Shoeless Joe I am also not going to debate if Jack- absolutely confident that a fair and im- have heard some of the facts, but let son was given money. According to the partial review will result in ‘‘Shoeless’’ me recount some of his amazing ac- story, ‘‘Shoeless’’ Joe’s roommate, Joe finally being allowed to receive the Lefty Williams, left $5,000 for Jackson complishments. Of his hitting, Babe honor he has long deserved and which on his bed. Whatever the debate, four Ruth once said, ‘‘I decided to pick out he displayed throughout his life. things are clear. Mr. Speaker, on his death bed, one of the greatest hitters to watch First, ‘‘Shoeless’’ Joe tried to give ‘‘Shoeless’’ Joe said, ‘‘I am about to and to study, and Jackson was good the money back before the Series start- meet the biggest umpire of them all, enough for me.’’ Joe Jackson batted ed but was rebuffed. .408 his rookie year, a feat which has Second, ‘‘Shoeless’’ Joe tried to in- and he knows I’m innocent.’’ Fifty years after his death and 80 never been equaled. He has the third form the owner of the White Sox of the highest batting average of all time, be- fix, but the owner refused to see him. years after the infamous Series, and hind only Ty Cobb and Roger Hornsby’s Third, ‘‘Shoeless’’ Joe offered to sit after the most unfair judgment, it is .689. Over a 10-year period, he never hit out the Series but was again rebuffed. time for Baseball to right a wrong and below 300. Fourth, and most notably, restore the honor of a good man. I was born in Greenville, South Caro- b 1615 ‘‘Shoeless’’ Joe played to win. He led all players by hitting .375, and he had lina, the same year ‘‘Shoeless’’ Joe His fielding skills in the outfield the only homerun in the Series. His died just about a mile from where he were legendary, and his glove was fielding was flawless, throwing out sev- died. I am glad to be a small part in named ‘‘the place where triples go to eral men at home plate. He set a World this process today, and I hope all of my die.’’ Series record with 12 hits, and he com- colleagues will join me in supporting Unfortunately, while these are Hall bined with Buck Weaver, the other this resolution. of Fame numbers, Shoeless Joe is not player who was unfairly punished, for Mr. CUMMINGS. Mr. Speaker, I yield in the baseball Hall of Fame. His bat is 13 hits, a record that stood for 60 years. myself such time as I may consume. there. His uniform is there. His shoes I have no doubt of ‘‘Shoeless’’ Joe’s Mr. Speaker, I want to thank the are there. But he is not. This is be- innocence. In the end, he proved his in- gentleman from South Carolina (Mr. cause, in 1920, ‘‘Shoeless’’ Joe was nocence in the only way he could, with DEMINT) for his comments in shedding banned from playing baseball for life his bat and glove. additional light on the life of by the Commissioner for allegations For my colleagues’ information, Fox ‘‘Shoeless’’ Joe Jackson. that he took part in the infamous News did an excellent two-part review I think the thing that comes through ‘‘Black Sox’’ scandal, allegedly throw- of the case just a month ago. I have a clearly, Mr. Speaker, is that the gen- ing the 1919 World Series. In that Se- copy of the tape if anyone would like tleman from South Carolina (Mr. ries, a group of New York gamblers to see it. DEMINT) and the South Carolina dele- bribed a number of players on the Chi- In July, Ted Williams, Tommy gation and many others merely want cago White Sox to throw the Series to LaSorda, and Bob Feller filed a peti- to right a wrong and give someone Cincinnati. tion with Commissioner Selig. That pe- their due. When the news came out in 1920, the tition does not ask Major League Base- And clearly, ‘‘Shoeless’’ Joe Jackson new Commissioner of Baseball, Com- ball to exonerate ‘‘Shoeless’’ Joe or has earned, has earned, the right to be missioner Landis, acted swiftly. In a even to endorse his candidacy in the appropriately honored as the resolu- summary judgment, without an inves- Hall of Fame. To quote the petition: tion states. tigation, the Commissioner banned 8 ‘‘Those issues are moot as he served a So I want to thank the gentleman players on the White Sox from ever very difficult sentence over a long pe- from South Carolina (Mr. DEMINT) and playing Major League baseball again. riod. The Commissioner of Baseball is I want to thank the South Carolina ‘‘Shoeless’’ Joe was included in the merely asked to acknowledge that delegation because I think what we are ban. ‘Shoeless’ Joe has fully paid his debt to attempting to do here today sends a While he insisted on his innocence all society and to the game, that he satis- clear message that, when we see wrong, the way to his death bed, ‘‘Shoeless’’ fied the sentence of the first Commis- we will do what we can to right it. It Joe served out his sentence with dig- sioner with dignity and humility and may be many, many years later, but we nity and honor and without rancor. without rancor. Because he has ful- can bet our bottom dollar that there is Recently, a number of baseball he- filled his sentence, Baseball has no fur- someone who is looking at what we are roes, including Ted Williams, Bob ther call or jurisdiction over ‘Shoeless’ doing and saying that they admire us Feller, and Tommy LaSorda have Joe.’’ for taking up the time, we can be doing taken up the cause of restoring the I believe this petition provides Major a whole lot other things, but they are honor of ‘‘Shoeless’’ Joe. This is a League Baseball with a graceful and taking up the time to make sure that cause that has long been championed dignified way to finally let the issue a wrong is made right. in ‘‘Shoeless’’ Joe’s hometown of rest and to let ‘‘Shoeless’’ Joe receive And so, with that, I want to thank Greenville. the honor he has long deserved. the gentleman from Indiana (Mr. BUR- I had a chance this morning to talk Today, the Mayor of Greenville, Knox TON), chairman of our committee, and with Ted Williams myself. What a White, added his support by sending to the gentleman from California (Mr.

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WAXMAN), our ranking member, and I H. Res. 344, by the yeas and nays. Kaptur Morella Shimkus Kasich Murtha Shows want to thank the gentleman from Ne- The Chair will reduce to 5 minutes Kelly Myrick Shuster braska (Mr. TERRY), and I want to the time for any electronic vote after Kennedy Napolitano Simpson thank certainly the gentleman from the first vote in this series. Kildee Nethercutt Sisisky Florida (Mr. SCARBOROUGH) in his ab- Kind (WI) Ney Skeen f King (NY) Northup Skelton sence, the chairman of our sub- Kingston Norwood Slaughter committee. RECOGNIZING GENEROUS CON- Kleczka Nussle Smith (MI) The fact is that I think that this is a TRIBUTION BY LIVING PERSONS Klink Oberstar Smith (NJ) WHO HAVE DONATED A KIDNEY Knollenberg Obey Smith (TX) very, very good resolution. I urge all of Kolbe Ortiz Smith (WA) my colleagues to vote in favor of it. TO SAVE A LIFE Kucinich Ose Snyder Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The Kuykendall Oxley Souder of my time. LaFalce Packard Spence pending business is the question of sus- LaHood Pallone Spratt Mr. TERRY. Mr. Speaker, I yield my- pending the rules and agreeing to the Lampson Pastor Stabenow self the balance of my time. resolution, H. Res. 94. Lantos Paul Stark Mr. Speaker, House Resolution 269 Larson Payne Stearns The Clerk read the title of the resolu- Latham Pease Strickland provides a fitting commemoration of tion. LaTourette Pelosi Stump his accomplishments as a professional The SPEAKER pro tempore. The Lazio Peterson (MN) Stupak baseball player. We applaud the stellar question is on the motion offered by Leach Peterson (PA) Sununu performance of Joseph Jefferson Jack- Lee Petri Sweeney the gentleman from Virginia (Mr. BLI- Levin Phelps Talent son on the field and call upon all Amer- LEY) that the House suspend the rules Lewis (CA) Pickering Tancredo icans to recognize his 13 years of excel- and agree to the resolution, H. Res. 94, Lewis (KY) Pickett Tanner lence. Linder Pitts Tauscher on which the yeas and nays are or- Lipinski Pombo Tauzin In a generous spirit, we encourage dered. LoBiondo Pomeroy Taylor (MS) professional Baseball to provide The vote was taken by electronic de- Lofgren Porter Taylor (NC) ‘‘Shoeless’’ Joe Jackson the honors he vice, and there were—yeas 382, nays 0, Lowey Portman Terry fully deserves. Lucas (KY) Pryce (OH) Thompson (CA) not voting 51, as follows: Lucas (OK) Quinn Thompson (MS) I ask the full support of all Members [Roll No. 574] Luther Radanovich Thornberry of this resolution. Maloney (CT) Rahall Thune YEAS—382 Mr. Speaker, I yield back the balance Maloney (NY) Rangel Thurman Abercrombie Coble Gallegly Manzullo Regula Toomey of my time. Ackerman Coburn Ganske Markey Reyes Towns The SPEAKER pro tempore (Mr. GIB- Allen Collins Gejdenson Martinez Reynolds Traficant BONS). The question is on the motion Andrews Combest Gekas Mascara Rivers Turner offered by the gentleman from Ne- Archer Condit Gephardt Matsui Roemer Udall (CO) Bachus Conyers Gibbons McCarthy (MO) Rogan Udall (NM) braska (Mr. TERRY) that the House sus- Baird Cooksey Gilchrest McCarthy (NY) Rogers Upton pend the rules and agree to the resolu- Baker Costello Gilman McCollum Rohrabacher Velazquez tion, H. Res. 269. Baldacci Coyne Gonzalez McCrery Ros-Lehtinen Vento Baldwin Cramer Goode McDermott Rothman Visclosky The question was taken; and (two- Ballenger Crowley Goodlatte McGovern Roukema Vitter thirds having voted in favor thereof) Barcia Cubin Goodling McHugh Roybal-Allard Walden the rules were suspended and the reso- Barr Cummings Gordon McInnis Royce Wamp lution was agreed to. Barrett (NE) Cunningham Goss McIntosh Ryan (WI) Waters Barrett (WI) Danner Graham McIntyre Ryun (KS) Watkins A motion to reconsider was laid on Bartlett Davis (FL) Green (TX) McKeon Sabo Watt (NC) the table. Barton Davis (IL) Green (WI) McKinney Salmon Waxman f Bass Davis (VA) Greenwood McNulty Sanchez Weiner Bateman Deal Gutierrez Meehan Sanders Weldon (FL) RECESS Becerra DeFazio Gutknecht Meek (FL) Sandlin Weldon (PA) Bentsen DeGette Hall (OH) Metcalf Sawyer Weller The SPEAKER pro tempore. Pursu- Bereuter Delahunt Hall (TX) Mica Saxton Wexler ant to clause 12 of rule I, the Chair de- Berkley DeLauro Hastings (FL) Millender- Schaffer Weygand Berry DeLay Hastings (WA) McDonald Schakowsky Whitfield clares the House in recess until ap- Biggert DeMint Hayes Miller (FL) Scott Wicker proximately 6 p.m. Bilbray Deutsch Hayworth Miller, George Sensenbrenner Wilson Accordingly (at 4 o’clock and 24 min- Bilirakis Diaz-Balart Hefley Minge Serrano Wolf Bliley Dickey Hill (IN) Mink Shadegg Woolsey utes p.m.), the House stood in recess Blumenauer Dicks Hill (MT) Mollohan Shaw Wu until approximately 6 p.m. Boehlert Dingell Hilleary Moore Shays Wynn f Boehner Dixon Hilliard Moran (KS) Sherman Young (AK) Bonilla Doggett Hinojosa Moran (VA) Sherwood Young (FL) b 1800 Bonior Dooley Hobson Borski Doolittle Hoeffel NOT VOTING—51 Boswell Doyle Holden AFTER RECESS Aderholt Gillmor Owens Boucher Dreier Holt Armey Granger Pascrell Boyd Duncan Hooley The recess having expired, the House Berman Hansen Price (NC) Brady (PA) Dunn Horn was called to order by the Speaker pro Bishop Herger Ramstad Brady (TX) Edwards Hostettler Blagojevich Hinchey Riley tempore (Mr. GIBBONS) at 6 p.m. Brown (FL) Ehlers Houghton Blunt Hoekstra Rodriguez f Brown (OH) Ehrlich Hoyer Bono Jefferson Rush Bryant Emerson Hulshof Callahan Kilpatrick Sanford Burr Engel Hunter ANNOUNCEMENT BY THE SPEAKER Calvert Largent Scarborough Burton English Hutchinson PRO TEMPORE Carson Lewis (GA) Sessions Buyer Eshoo Hyde Chenoweth-Hage Meeks (NY) Stenholm Camp Etheridge Inslee The SPEAKER pro tempore. Pursu- Cook Menendez Thomas Campbell Evans Isakson ant to clause 8 of rule XX, the Chair Cox Miller, Gary Tiahrt Canady Ewing Istook Crane Moakley Tierney will now put the question on each mo- Cannon Farr Jackson (IL) Everett Nadler Walsh Capps Fattah Jackson-Lee tion to suspend the rules on which fur- Fowler Neal Watts (OK) Capuano Filner (TX) ther proceedings were postponed ear- Frost Olver Wise Cardin Fletcher Jenkins lier today in the order in which that Castle Foley John motion was entertained. Chabot Forbes Johnson (CT) b 1823 Votes will be taken in the following Chambliss Ford Johnson, E. B. order: Clay Fossella Johnson, Sam So (two-thirds having voted in favor Clayton Frank (MA) Jones (NC) H. Res. 94, by the yeas and nays; Clement Franks (NJ) Jones (OH) thereof) the rules were suspended and H.R. 2904, by the yeas and nays; and Clyburn Frelinghuysen Kanjorski the resolution was agreed to.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28914 CONGRESSIONAL RECORD—HOUSE November 8, 1999 The result of the vote was announced Ford Lewis (CA) Roybal-Allard NOT VOTING—46 Fossella Lewis (KY) Royce as above recorded. Aderholt Hansen Ramstad Frank (MA) Linder Ryan (WI) Armey Hinchey Riley A motion to reconsider was laid on Franks (NJ) Lipinski Ryun (KS) Berman Hoekstra Rodriguez Frelinghuysen LoBiondo Sabo the table. Blagojevich Jefferson Frost Lofgren Rush Stated for: Salmon Blunt Kilpatrick Gallegly Lowey Sanford Sanchez Bono Largent Mr. THOMAS. Mr. Speaker, on rollcall No. Ganske Lucas (KY) Scarborough Sanders Callahan Lewis (GA) 574, had I been present, I would have voted Gejdenson Lucas (OK) Sessions Sandlin Calvert Meeks (NY) Gekas Luther Stenholm ‘‘yea.’’ Sawyer Carson Menendez Thomas Mrs. FOWLER. Mr. Speaker, on rollcall No. Gephardt Maloney (CT) Saxton Chenoweth-Hage Miller, Gary Tiahrt Gibbons Maloney (NY) Schaffer Cook Moakley 574, I was unavoidably detained. Had I been Tierney Gilchrest Manzullo Schakowsky Cox Nadler present, I would have voted ‘‘yes.’’ Gillmor Markey Scott Crane Neal Walsh Gilman Martinez Watts (OK) f Sensenbrenner Everett Owens Gonzalez Mascara Serrano Fowler Pascrell Wise Goode Matsui ANNOUNCEMENT BY THE SPEAKER Shadegg Granger Price (NC) Goodlatte McCarthy (MO) Shaw PRO TEMPORE Goodling McCarthy (NY) Shays b Gordon McCollum 1832 The SPEAKER pro tempore (Mr. GIB- Sherman Goss McCrery Sherwood So (two-thirds having voted in favor BONS). Pursuant to clause 8 of rule XX, Graham McDermott Shimkus thereof) the rules were suspended and the Chair will reduce to 5 minutes the Green (TX) McGovern Shows the bill, as amended, was passed. time for electronic voting on each ad- Green (WI) McHugh Shuster Greenwood McInnis The result of the vote was announced ditional motion to suspend the rules on Simpson Gutierrez McIntosh Sisisky as above recorded. which the Chair has postponed further Gutknecht McIntyre Skeen Hall (OH) McKeon The title of the bill was amended so proceedings. Skelton Hall (TX) McKinney as to read: ‘‘A bill to amend the Ethics Slaughter f Hastings (FL) McNulty Smith (MI) in Government Act of 1978 to reauthor- Hastings (WA) Meehan Smith (NJ) Hayes Meek (FL) ize funding for the Office of Govern- OFFICE OF GOVERNMENT ETHICS Smith (TX) REAUTHORIZATION ACT Hayworth Metcalf ment Ethics, and to clarify the defini- Hefley Mica Smith (WA) tion of a ‘special Government em- The SPEAKER pro tempore. The Herger Millender- Snyder Souder ployee’ under title 18, United States pending business is the question of sus- Hill (IN) McDonald Hill (MT) Miller (FL) Spence Code.’’. pending the rules and passing the bill, Hilleary Miller, George Spratt A motion to reconsider was laid on H.R. 2904, as amended. Hilliard Minge Stabenow the table. The Clerk read the title of the bill. Hinojosa Mink Stark Hobson Mollohan Stearns Stated for: The SPEAKER pro tempore. The Hoeffel Moore Strickland Mr. THOMAS. Mr. Speaker, on rollcall No. question is on the motion offered by Holden Moran (KS) Stump 575, had I been present, I would have voted the gentleman from New York (Mr. Holt Moran (VA) Stupak ‘‘yea.’’ MCHUGH) that the House suspend the Hooley Morella Sununu Horn Murtha Sweeney Mrs. FOWLER. Mr. Speaker, on rollcall No. rules and pass the bill, H.R. 2904, as Hostettler Myrick Talent 575, I was unavoidably detained. Had I been amended, on which the yeas and nays Houghton Napolitano Tancredo present, I would have voted ‘‘yes.’’ are ordered. Hoyer Nethercutt Tanner This is a 5-minute vote. Hulshof Ney Tauscher f Hunter Northup Tauzin The vote was taken by electronic de- Hutchinson Norwood Taylor (MS) EXPRESSING THE CONDOLENCES vice, and there were—yeas 386, nays 1, Hyde Nussle Taylor (NC) OF HOUSE OVER PAYNE STEW- not voting 46, as follows: Inslee Oberstar Terry Isakson Obey Thompson (CA) ART’S DEATH [Roll No. 575] Istook Olver Thompson (MS) IB YEAS—386 Jackson (IL) Ortiz Thornberry The SPEAKER pro tempore (Mr. G - Jackson-Lee Ose BONS). The pending business is the Abercrombie Brady (PA) Davis (IL) Thune (TX) Oxley Thurman question of suspending the rules and Ackerman Brady (TX) Davis (VA) Jenkins Packard Allen Brown (FL) Deal Toomey agreeing to the resolution, H. Res. 344. John Pallone Towns Andrews Brown (OH) DeFazio Johnson (CT) Pastor The Clerk read the title of the resolu- Archer Bryant DeGette Traficant Johnson, E. B. Payne Turner tion. Bachus Burr Delahunt Johnson, Sam Pease Udall (CO) Baird Burton DeLauro Jones (NC) Pelosi The SPEAKER pro tempore. The Udall (NM) Baker Buyer DeLay Jones (OH) Peterson (MN) question is on the motion offered by Upton Baldacci Camp DeMint Kanjorski Peterson (PA) Velazquez the gentleman from Florida (Mr. MIL- Baldwin Campbell Deutsch Kaptur Petri Vento LER) that the House suspend the rules Ballenger Canady Diaz-Balart Kasich Phelps Barcia Cannon Dickey Kelly Pickering Visclosky and agree to the resolution, H. Res. 344, Barr Capps Dicks Kennedy Pickett Vitter on which the yeas and nays are or- Barrett (NE) Capuano Dingell Kildee Pitts Walden Barrett (WI) Cardin Dixon Wamp dered. Kind (WI) Pombo This will be a 5-minute vote. Bartlett Castle Doggett King (NY) Pomeroy Waters Barton Chabot Dooley Kingston Porter Watkins The vote was taken by electronic de- Bass Chambliss Doolittle Kleczka Portman Watt (NC) vice, and there were—yeas 389, nays 0, Bateman Clay Doyle Klink Pryce (OH) Waxman not voting 44, as follows: Becerra Clayton Dreier Knollenberg Quinn Weiner Bentsen Clement Duncan Kolbe Radanovich Weldon (FL) [Roll No. 576] Bereuter Clyburn Dunn Kucinich Rahall Weldon (PA) YEAS—389 Berkley Coble Edwards Kuykendall Rangel Weller Berry Coburn Ehlers LaFalce Regula Wexler Abercrombie Barrett (WI) Boehlert Biggert Collins Ehrlich LaHood Reyes Weygand Ackerman Bartlett Boehner Bilbray Combest Emerson Lampson Reynolds Whitfield Aderholt Barton Bonilla Bilirakis Condit Engel Lantos Rivers Wicker Allen Bass Bonior Bishop Conyers English Larson Roemer Wilson Andrews Bateman Borski Bliley Cooksey Eshoo Latham Rogan Wolf Archer Bentsen Boswell Blumenauer Costello Etheridge LaTourette Rogers Woolsey Bachus Bereuter Boucher Boehlert Coyne Evans Lazio Rohrabacher Wu Baird Berkley Boyd Boehner Cramer Ewing Leach Ros-Lehtinen Wynn Baker Berry Brady (PA) Bonilla Crowley Farr Lee Rothman Young (AK) Baldacci Biggert Brady (TX) Bonior Cubin Fattah Levin Roukema Young (FL) Baldwin Bilbray Brown (FL) Borski Cummings Filner Ballenger Bilirakis Brown (OH) Boswell Cunningham Fletcher NAYS—1 Barcia Bishop Bryant Boucher Danner Foley Barr Bliley Burr Boyd Davis (FL) Forbes Paul Barrett (NE) Blumenauer Burton

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28915 Buyer Gutierrez Meehan Smith (WA) Terry Watkins ices for veterans and to make other im- Callahan Gutknecht Meek (FL) Snyder Thompson (CA) Watt (NC) provements in health care programs of Camp Hall (OH) Metcalf Souder Thompson (MS) Waxman Campbell Hall (TX) Mica Spence Thornberry Weiner the Department of Veterans Affairs, Canady Hastings (FL) Millender- Spratt Thune Weldon (FL) with Senate amendments thereto, dis- Cannon Hastings (WA) McDonald Stabenow Thurman Weldon (PA) agree to the Senate amendments, and Capps Hayes Miller (FL) Stark Toomey Weller agree to the conference asked by the Capuano Hayworth Miller, George Stearns Towns Wexler Cardin Hefley Minge Strickland Traficant Weygand Senate. Castle Herger Mink Stump Turner Whitfield The SPEAKER pro tempore. The Chabot Hill (IN) Mollohan Stupak Udall (CO) question is on the motion offered by Chambliss Hill (MT) Moore Sununu Udall (NM) Wicker Clay Hilleary Moran (KS) Sweeney Upton Wilson the gentleman from Arizona (Mr. Clayton Hilliard Moran (VA) Talent Velazquez Wolf STUMP). Clement Hinchey Morella Tancredo Vento Woolsey The motion was agreed to. Clyburn Hinojosa Murtha Tanner Visclosky Wu Coble Hobson Myrick Tauscher Vitter Wynn The SPEAKER pro tempore. Without Coburn Hoeffel Napolitano Tauzin Walden Young (AK) objection, the Chair appoints the fol- Collins Holden Nethercutt Taylor (MS) Wamp Young (FL) lowing conferees: Messrs. STUMP, SMITH Combest Holt Ney Taylor (NC) Waters of New Jersey, QUINN, STEARNS, EVANS, Condit Hooley Northup Conyers Horn Norwood NOT VOTING—44 Ms. BROWN of Florida, and Mr. DOYLE. Cooksey Hostettler Nussle Armey Hoekstra Price (NC) There was no objection. Costello Houghton Oberstar Becerra Jefferson Ramstad f Coyne Hoyer Obey Berman Johnson (CT) Rodriguez Cramer Hulshof Olver Blagojevich Kilpatrick Rush b 1845 Crowley Hunter Ortiz Blunt Kleczka Sanford Cubin Hutchinson Ose Bono Largent Scarborough ONGOING DISCUSSIONS ON SOCIAL Cummings Hyde Oxley Calvert Lewis (GA) Sessions SECURITY Cunningham Inslee Packard Carson Meeks (NY) Stenholm Danner Isakson Pallone Chenoweth-Hage Menendez (Mr. SMITH of Michigan asked and Thomas Davis (FL) Istook Pastor Cook Miller, Gary Tiahrt was given permission to address the Davis (IL) Jackson (IL) Paul Cox Moakley Tierney House for 1 minute and to revise and Davis (VA) Jackson-Lee Payne Crane Nadler Deal (TX) Pease Granger Neal Walsh extend his remarks.) DeFazio Jenkins Pelosi Green (WI) Owens Watts (OK) Mr. SMITH of Michigan. Mr. Speak- DeGette John Peterson (MN) Hansen Pascrell Wise er, a very brief comment regarding our Delahunt Johnson, E. B. Peterson (PA) future on social security. DeLauro Johnson, Sam Petri b 1840 DeLay Jones (NC) Phelps We have approximately eight pro- DeMint Jones (OH) Pickering So (two-thirds having voted in favor posals now introduced that have been Deutsch Kanjorski Pickett thereof) the rules were suspended and scored by the Social Security Adminis- Diaz-Balart Kaptur Pitts the resolution was agreed to. Dickey Kasich Pombo tration to keep social security solvent Dicks Kelly Pomeroy The result of the vote was announced for at least the next 75 years. As we Dingell Kennedy Porter as above recorded. move forward in these last several Dixon Kildee Portman A motion to reconsider was laid on days, and as we break for the rest of Doggett Kind (WI) Pryce (OH) the table. Dooley King (NY) Quinn November and into December, I would Doolittle Kingston Radanovich Stated for: suggest very strongly that each Mem- Doyle Klink Rahall Mr. THOMAS. Mr. Speaker, on roll- ber of the Congress meet with the peo- Dreier Knollenberg Rangel call No. 576, had I been present, I would Duncan Kolbe Regula ple back home, talk to them about the Dunn Kucinich Reyes have voted ‘‘yea.’’ importance of social security, about Edwards Kuykendall Reynolds f the complications of solving social se- Ehlers LaFalce Riley curity, and about our efforts to have a Ehrlich LaHood Rivers PERSONAL EXPLANATION Emerson Lampson Roemer good beginning by not spending the so- Engel Lantos Rogan Ms. KILPATRICK. Mr. Speaker, due to official security surplus. English Larson Rogers cial business in the 15th Congressional District To accommodate $9 trillion of un- Eshoo Latham Rohrabacher of Michigan, I was unable to record my votes Etheridge LaTourette Ros-Lehtinen funded liability, $9 trillion that needs Evans Lazio Rothman for rollcall Nos. 574, 575, and 576 considered to be accommodated in order to keep Everett Leach Roukema today in the U.S. House of Representatives. social security going, it is very impor- Ewing Lee Roybal-Allard Had I been present, I would have voted ‘‘aye’’ tant that these discussions continue. Farr Levin Royce on rollcall No. 574, H. Res. 94, Recognizing Fattah Lewis (CA) Ryan (WI) f Filner Lewis (KY) Ryun (KS) the Generous Contribution made by Each Liv- Fletcher Linder Sabo ing Person Who has Donated a Kidney to TRIBUTE TO SERGEANT RICKY Foley Lipinski Salmon Save a Life, ‘‘aye’’ on rollcall No. 575, To TIMBROOK Forbes LoBiondo Sanchez Ford Lofgren Sanders Amend the Ethics in Government Act of 1978 (Mr. WOLF asked and was given per- Fossella Lowey Sandlin to Reauthorize Funding for the Office of Gov- mission to address the House for 1 Fowler Lucas (KY) Sawyer ernment Ethics and ‘‘aye’’ on rollcall No. 576, minute and to revise and extend his re- Frank (MA) Lucas (OK) Saxton H. Res. 344, Recognizing and Honoring marks.) Franks (NJ) Luther Schaffer Frelinghuysen Maloney (CT) Schakowsky Payne Stuart and Expressing the Condolences Mr. WOLF. Mr. Speaker, I want to Frost Maloney (NY) Scott of the House of Representatives to His Family pay tribute today to a young man who Gallegly Manzullo Sensenbrenner on his Death and to the Families of Those was a policeman in Winchester, Vir- Ganske Markey Serrano Gejdenson Martinez Shadegg Who Died With Him. ginia, which is in my district, who was Gekas Mascara Shaw f shot and killed on Friday night, Octo- Gephardt Matsui Shays ber 29. Sergeant Ricky Timbrook was Gibbons McCarthy (MO) Sherman APPOINTMENT OF CONFEREES ON killed as he was chasing a suspect down Gilchrest McCarthy (NY) Sherwood H.R. 2116, VETERANS’ MILLEN- Gillmor McCollum Shimkus the street. Gilman McCrery Shows NIUM HEALTH CARE ACT Sergeant Timbrook’s death has Gonzalez McDermott Shuster Mr. STUMP. Mr. Speaker, pursuant shocked and saddened the entire north- Goode McGovern Simpson Goodlatte McHugh Sisisky to clause 1 of rule XXII, and by the di- ern Shenandoah Valley. More than Goodling McInnis Skeen rection of the Committee on Veterans’ 3,000 people attended his funeral last Gordon McIntosh Skelton Affairs, I move to take from the Speak- Thursday, many of whom were law en- Goss McIntyre Slaughter er’s table the bill (H.R. 2116) to amend forcement officers from all over the Graham McKeon Smith (MI) Green (TX) McKinney Smith (NJ) title 38, United States Code, to estab- area and around the country. Accord- Greenwood McNulty Smith (TX) lish a program of extended care serving to news reports, he may be the first

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28916 CONGRESSIONAL RECORD—HOUSE November 8, 1999 Winchester police officer to have been However, our tranquility, too, is shattered, the current status of math and science shot and killed in the line of duty. in the knowledge that one of the exemplary education in this Nation. Ricky was 32 years old. He and his people we pay to step forward and protect us First of all, I believe currently it is wife Kelly had just completed the con- has been taken from our midst. We grieve be- inadequate. I say this for several rea- cause Ricky Timbrook no longer rides in his struction of a new home. They were ex- patrol car through our streets, and no longer sons. Mr. Speaker, as I was stating, the pecting their first child, a boy, who is walks the streets of this town. Third International Mathematics and due on Christmas Day. By all accounts, Sgt. Timbrook was a fine Science Study, which was conducted a He joined the Winchester Police De- policeman, but an even better man, one to few years ago, indicated that we were partment almost 8 years ago. Just over whom we confidently entrusted our security. near the bottom of those nations and a year ago, he was promoted to ser- We at The Star knew him not only in his developed countries teaching mathe- geant in charge of a brand-new depart- role as a crimefigther, but also as the matics and science in their high ment, the Special Enforcement Team. schools’ DARE officer, the crew-cut police- schools, near the bottom. I want to extend my deepest condo- man who one day, two years ago, posed hap- Some say, well, it is not so bad, we pily for a photo with the winner of DARE lences to Sergeant Timbrook’s family program’s annual essay contest. Others, of were not that far below the others. I as we pay tribute to him and to law en- course, knew him better—as husband, son, say it is terrible. With the resources forcement officers and their families brother, friend, and comrade. that this country has and with the high everywhere who routinely go into And so, in his untimely death, we are all quality of students this Nation has, it harm’s way to protect us. diminished—and immeasurably saddened. is inexcusable for us to be near the bot- My father was a police officer on the tom, or at the bottom. We should be streets of Philadelphia and I know the SERGEANT RICKY L. TIMBROOK not only at the top, but far and away worry a police officer’s family can feel Ricky Lee Timbrook, age 32, of 2876 Shef- the best Nation in this world in terms when a husband, father, brother, or son field Court, Winchester, Virginia died Satur- of our educational effort. goes out the door each day to begin day, October 30, 1999 in the Winchester Med- Mr. Speaker, the second reason I say ical Center. we are not doing well in mathematics their tour of duty. Mr. Timbrook was born October 5, 1967 in According to the National Law En- Winchester, Virginia, the son of Richard and science education is simply by forcement Officers Memorial Fund, Timbrook and Kitty Stotler Timbrook of looking at the tests administered by more than 14,000 officers have died Bloomery, West Virginia. He was a sergeant the States. When we look at these tests while performing their duties. On aver- with the Winchester Police Department and look at the test scores, we find age, one law enforcement officer is where he had been employed for eight years. that in reading a typical average for a killed somewhere in America every He attended the Grace Evangelical Lutheran State might be in the seventies, and for other day, and an average of 160 offi- Church of Winchester and was a member of some of the other subjects in that area, cers die in the line of duty every year. the Winchester Fraternal Order of Police and for science we are down in the 30 Lodge. He was a graduate of Fairmont State Mr. Speaker, I include for the College where he received a Bachelor of Busi- percent, even for some of the better RECORD an obituary about Sergeant ness degree in Criminal Justice. States, and as low as 10 percent in Timbrook and an editorial which ap- Mr. Timbrook married Kelly L. Wisecarver some of the others. These are not pass- peared in the Winchester Star Novem- on July 27, 1997 in Winchester, Virginia. ing grades and they never have been in ber 2, 1999, as follows: Surviving with his wife and parents, is a our school system. We must improve. [From The Winchester Star, Nov. 2, 1999] sister, Kimberly Hundson of Capon Bridge, A third indication that we are not West Virginia. IN THE LINE OF DUTY—IN POLICEMAN’S DEATH, doing the job well is that we do not A funeral service will be conducted at 11:00 ALL ARE DIMINISHED have enough engineers and scientists a.m. on Thursday, November 4, 1999 at Sa- It says something about the quality of life cred Heart of Jesus Catholic Church in Win- to do the job in this country. How do I here in the northern Valley that, before the chester with the Pastor James H. Utt, Pastor know? Because we issue H(1)(b) visas horrific events of last Friday night, it had Jeffrey D. May officiating. Interment will be every year to allow scientists and engi- been more than 60 years since a local law en- in Mount Hebron Cemetery. neers from other countries to emigrate forcement officer had fallen in the line of Pallbearers will be Kevin Bowers, Matthew into this country to help us out. Annu- duty. However, it also says something about Sirbaugh, Robert Ficik, Frank Pearson, Ju- ally, it is in the neighborhood of 100,000 today’s society that even here, in our largely lian Berger and Alex Beeman. peaceful corner of the world, violence can each, and usually that quota is used up The family will receive friends at Omps well before the end of the year. We are erupt and snatch from us the life of a fine Funeral Home on Wednesday evening from young officer. 7:00 p.m. until 9:00 p.m. importing scientists and engineers, The slaying of Sgt. Ricky Lee Timbrook Memorial contributions may be made to asking them to emigrate to this coun- should prompt us to pause and reflect not the Ricky L. Timbrook Children’s Outreach try for this purpose. Clearly, we are merely on the utter fragility of our worldly Fund, c/o Chief Gary W. Reynolds, 126 N. not producing enough of our own. existence, but on the tenuous line on which Cameron Street, Winchester, Virginia 22601. The final indication that we are not our social contract rests. The primary rea- f doing the job with math and science son people, down through the ages, have education in our K through 12 system formed communities is for reasons of mutual SPECIAL ORDERS comfort and security. This contract, of is that when we visit our grad schools, course, entails a provision for public protec- The SPEAKER pro tempore (Mr. GIB- graduate education in mathematics, tion—i.e. the police. The presence of the men BONS). Under the Speaker’s announced science, and engineering, we find that, and women ensured with that protection— policy of January 6, 1999, and under a in general, over half of the students are the fabled ‘‘thin blue line’’—quietly assures previous order of the House, the fol- from other countries. Our students are us that the social contract is being enforced. lowing Members will be recognized for not able to compete for grad school en- Thus, when one of these officers—one of 5 minutes each. trance with students of other nations. these men and women who take an oath ‘‘to f serve and protect’’ us—falls in the perform- I think we have to improve our math ance of this essential duty, we as a commu- and science education. Why? For the CALLING FOR IMPROVEMENT IN reasons I gave above, but also because, nity feel it. First and foremost, of course, we MATH AND SCIENCE EDUCATION feel for the man himself, because we know he first of all, we have to make sure we died so that we might live free from the wor- IN AMERICA have enough scientists and engineers in ries daily addressed by our men and women The SPEAKER pro tempore. Under a this country so that we can keep our in blue. And, to be sure, we feel for his loved previous order of the House, the gen- economic growth strong and meet the ones—particularly a baby, yet unborn, who tleman from Michigan (Mr. EHLERS) is needs of our citizens. will never know its father—and for his fellow recognized for 5 minutes. There are other reasons as well. It is officers, to whom the awful knowledge is hammered home anew that they live on the Mr. EHLERS. Mr. Speaker, I rise this not just producing good scientists and proverbial edge, that violence awaits their evening to discuss the issue of edu- engineers, but a second main reason is kind with every routine call, that death cation and mathematics and science in what I call workplace readiness. We walks closer to them than to the rest of us. our Nation. I have deep concerns about have reached the point in our society

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28917 and in many developed nations that counterdrug mission crashed in the Storm, CW2 Moore was selected for the you literally cannot find a good job un- jungles of Colombia. It killed all on warrant officer training program and less you have a good grounding in math board. There were five U.S. Army sol- attended army flight school. He served and science. diers and two Colombian air crewmen with the 204th MI battalion since 1996. It is going to get worse. I have made on this aircraft. CW2 Thomas Moore was married to Re- predictions on this floor that in 20 During this week, when we honor our becca, and survived by two children, years, it will be impossible to find a Nation’s veterans, I wanted to pay trib- Matthew and Emily. good job without a good foundation in ute to the five U.S. soldiers who died in The fourth soldier whom we honor math and science. I have to revise that, that crash. These five individuals were tonight is specialist Timothy Bruce because last week I attended a talk at husbands, a wife, parents, and children. Cluff. Specialist Cluff was born in the Capitol here by John Chambers, They have paid the ultimate sacrifice Mesa, Arizona. During high school he CEO of CISCO Systems, an Internet for this Nation, and we must not forget achieved the high range of Eagle Scout company. It is clear to me that I have what their families have sacrificed, as in the Boy Scouts of America. to revise my estimate downward and well. In 1997, he enlisted in the Army, and say in 10 years people will not be able The five soldiers whom we honor to- it was apparent almost immediately to get a really good job without a good night were part of a special military that he would be an outstanding sol- grounding in mathematics, science, en- intelligence battalion, the 204th, which dier. Specialist Cluff proved to be a gineer, and technology. So workplace recently moved from Panama and Flor- highly skilled analyst and was selected readiness is another good reason. ida to Fort Bliss, which is located in as a mission supervisor based on his ex- The third reason is to simply produce my district. They were flying a recon- emplary performance. This outstanding better consumers and citizens of this naissance mission over Colombia in a soldier is survived by his wife, Meggin, Nation, people who understand math specially-equipped aircraft. and his two young children, Maciah and science, so they can evaluate The first soldier was Captain Jen- and Ryker. Meggin is also today ex- claims in the marketplace about nifer Odom. The pilot of the ARL, the pecting her third child. health products or health supplements, aircraft which crashed in Colombia was The last soldier was specialist Ray E. or that they can vote better about Captain Jennifer Odom. She was born Krueger II. Specialist Krueger was born projects that involve science and the in Frederick, Maryland, in 1970, and in Leavenworth, Kansas, and graduated environment, and that they can elect graduated from West Point in 1992. from The Colony High School. Krueger leaders who have shown that they un- After graduating from flight school, was an outstanding soldier in many derstand these issues and will vote in- Captain Odom spent 2 years in Stutt- ways. For example, this young man not telligently on issues involving math, gart, Germany, flying senior ranking only excelled as a crew member in the science, technology, engineering, the government officials and general offi- aircraft, but he also scored the highest environment, and so forth. cers throughout Europe. possible level on the Army’s physical How are we going to improve math After completing her military intel- fitness test, and qualified as an expert and science education? I think three ligence training, she joined the 204th with the M–16 rifle. major points: better teachers, or better MI battalion as an executive officer of Specialist Krueger leaves his wife, trained teachers, I should say; better D company. She was scheduled to take Briana Krueger, who was also assigned curricula; and improved methods of command of D Company in August. teaching science. to the 204th MI battalion, and who re- I will take just a minute to discuss Captain Odom was an experienced cently has left the Army to return to each of those. I will address those later pilot, having flown well over 2,000 civilian life. in more detail in another talk. We have hours in military aircraft, including Tonight I want the husbands, wives, to make sure we recruit good teachers, 300 hours as a pilot in command of this children, and parents of these brave because we are not recruiting enough particular aircraft. soldiers to know that we in Congress today, we have to make sure they are She leaves her husband, Charles are thinking of them, and we want to trained properly, and we have to keep Odom, and her two children, Charles, thank them for the sacrifices which them. We have to make sure they do age 15, and Daniel, age 11. they have made for this country. God not get discouraged. We have to help The other officer on the aircraft was bless each and every one of them: Cap- them get the job done in the classroom. Captain Jose Anthony Santiago. Cap- tain Odom, Captain Santiago, Chief We have to improve our science curtain Santiago was born in New York Warrant Officer Moore, Specialist ricula. Right now it is a hodgepodge. City in 1962. He enlisted in the Army in Cluff, and Specialist Krueger. Recently the American Association for 1984, and after 7 years, was commis- This country owes them all the grati- the Advancement of Science studied sioned as an air defense artillery offi- tude, especially during this week when middle school curricula. Every middle cer. He later moved into military intel- we celebrate and pay tribute to our school science curriculum in the ligence and excelled in every aspect of veterans. United States was judged to be inad- the job. In light of his accomplishment, f the battalion commander selected Cap- equate, every single one. The only one U.S. TRADE POLICIES WITH RE- that was regarded as acceptable, and tain Santiago to command the Head- quarters and Service Company of the SPECT TO AGRICULTURE HARM mildly acceptable, was one put out by U.S. FARMERS AND RANCHERS Michigan State University, and that is 204th. only a partial curriculum. During the past year, his company The SPEAKER pro tempore. Under a The final point is methodology. We has done an excellent job in supporting previous order of the House, the gen- have to improve our way, our methods six deployments in South America. tleman from Idaho (Mr. SIMPSON) is of teaching science. As I said, I will ad- Captain Santiago was also a senior recognized for 5 minutes. dress these issues in a later talk. army parachutist and a jump master. Mr. SIMPSON. Mr. Speaker, the U.S. economy is strong, with unemployment f He is survived by his wife Cynthia and his two children, Christiana and Laura. low, interest rates low, inflation low, TRIBUTE TO FIVE U.S. SOLDIERS Along with Captain Odom, Chief War- the Dow and the NASDAQ outper- WHO DIED IN THE PLANE CRASH rant Officer 2 Thomas G. Moore was forming our wildest expectations. OF JULY 23, 1999, IN COLOMBIA the second pilot in the aircraft. CW2 In spite of this strong economy, there The SPEAKER pro tempore. Under a Moore was born in Englewood, Cali- is one sector of our economy which is previous order of the House, the gen- fornia, in 1967. He joined the Army in in a depressed state and has been in a tleman from Texas (Mr. REYES) is rec- 1988 after attending the U.S. Army Air depressed state for the last 3 years. ognized for 5 minutes. Force Academy. That is agriculture. For a variety of Mr. REYES. Mr. Speaker, on July 23 After serving as a Bradley fighting reasons, agriculture is suffering. a U.S. Army reconnaissance plane on a vehicle commander during Desert Whether it is the Asian financial crisis,

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28918 CONGRESSIONAL RECORD—HOUSE November 8, 1999 the strong dollar, the regulatory bur- has a lower and they are reduced pro- At a recent National Transportation dens that we place on our farmers, all portionally, America is still left at a Safety Board hearing on this issue, of these things are adding to the crisis competitive disadvantage. We must Mexico refused to send a representa- in agriculture. bring those to a level playing field be- tive. Canadian and American rep- Yet, there is one thing that is adding fore any formula reductions. resentatives appeared, but Mexico was to it even more than these. That is the We must have no unilateral disar- a no-show. U.S.’s trade policies as they relate to mament when it comes to agriculture. Well, if they happen to have come to agriculture, that have left agricultural We have to combat unfair trade prac- this meeting they would have learned producers at a competitive disadvan- tices and restore and strengthen en- how far they are behind Canada and tage to our counterparts in other coun- forcement tools against them. We have the United States in oversight and tries. to improve the enforcement of the regulations. U.S. farmers know that we need WTO dispute panel decisions. Currently Does Mexico have log books? No. trade agreements. In fact, one out of when those decisions are made, there Does Mexico have vehicle maintenance every 3 acres in the United States is are times when our competitors will standards? No. Does Mexico have road- produced for export. We have to have not abide by the dispute resolution. side inspections? No. Does Mexico have trade agreements, but trade agree- We have to support family farms. safety rating systems? No. Does Mexico ments for trade agreements’ sake are Preserve the flexibility to assist team have medical certification of drivers? unacceptable. We have to have fair farmers through income assistance, No. trade agreements. Trade agreements crop insurance and other programs Simply put, Mexico does not have that leave our farmers and ranchers at that do not distort trade. We have to any oversight of their trucking indus- a disadvantage, as they have in the retain the full complement of nontrade try, yet they want the United States to past, are not fair. distorting export tools including ex- allow their unregulated, unsafe Mexi- This is not a partisan issue. This has port credit guarantees, international can trucks which weigh up to 106,000 been a bipartisan failure on the part of food assistance, and market develop- pounds, well over the U.S. limit of administrations to negotiate fair trade ment programs. We have to be sure and 80,000 pounds, to barrel down our high- agreements for our farmers and ranch- establish disciplines on State trading ways and byways. In fact, the reason ers. Over 80 percent of the world’s ex- enterprises to make them as trans- they did not send a representative is port subsidies are employed by the Eu- parent as the United States’ marketing that they are upset that President ropean Union. This is unfair. World system is. Clinton dare hint that he will not allow And nontariff trade barriers, we have trade tariffs average 50 percent, while Mexican trucks into the USA as of to ensure that science and risk assess- in the United States, they average 10 January 1. ment principles established by the San- percent. This is unfair. Well, Mr. Speaker, Mexico is upset itary and Phytosanitary Accord during That is why the upcoming WTO min- that we will not let their mammoth the Uruguay Round are the basis for 106,000-pound unsafe trucks and unsafe isterial rounds that take place later measures applied to products of new this month and early in December in drivers into the USA. I say unsafe be- technology and that this process is cause of the less than 1 percent of Seattle are so important to agri- transparent. We also have to negotiate Mexican trucks and Mexican drivers culture. I was pleased to be a co-chair improved market access for products of inspected at the border, over 40 percent and am pleased to be a co-chair with new technology including bioengi- have failed inspections and were placed the gentleman from North Dakota (Mr. neered products. POMEROY), Senator DORGAN of North Mr. Speaker, we have met with our out of service. In addition, according to Dakota, and Senator CRAIG of Idaho, to U.S. Trade Ambassador Charlene a new report from the Department of chair the WTO trade caucus for ranch- Barshevsky and our Secretary of Agri- Transportation’s Inspector General, ers and farmers. culture Dan Glickman and I am pleased over 250 Mexican motor carriers have We have over 50 of this caucus, Mem- to report that the administration has traveled illegally beyond the NAFTA bers of both parties, Members of the told us that their highest priority in border zone. Therefore, Mexican trucks House and Senate, that have been the upcoming round is agriculture. and drivers have proved to be unsafe meeting for the last several weeks try- And, in fact, when they look at their lawbreakers. ing to decide what the priorities of this priorities and place them against ours, The Inspector General concluded in Congress are that we must address in they almost mirror the importance of his report that, ‘‘Adequate mechanisms Seattle. We have met among ourselves the priorities that we have. are not in place to control access of and discussed these issues. We have So I am pleased that the administra- Mexico-domiciled motor carriers into met with producer groups to discuss tion is taking agriculture as an impor- the United States.’’ To ensure that the issues, to identify those things that tant negotiation during this WTO Mexican motor carriers comply with are important, that we must address round that will start in Seattle. We U.S. statutes, the Inspector General during the upcoming rounds of the cannot leave this round of the WTO suggested that, among other methods, WTO negotiations. with ag at a competitive disadvantage. fines should be increased for illegal ac- b f tivities. Well, Mr. Speaker, under a 1900 House-passed bill, we have done just Several of those things we have de- NAFTA PRESENTS ITS OWN Y2K that. veloped, and let me go through some of PROBLEM H.R. 2679, the Motor Carrier Safety the important issues that we think The SPEAKER pro tempore. Under a Act, increases fines up to $10,000 and a must be addressed during this round of previous order of the House, the gen- possible disqualification for a first- the WTO. tleman from Illinois (Mr. LIPINSKI) is time offense, and up to $25,000 with a 6- Market access. We have to expand recognized for 5 minutes. month disqualification for a second market access through tariff reduction Mr. LIPINSKI. Mr. Speaker, I rise to offense. or elimination. Export subsidies need continue the litany of charges against The previous fine was only $500 to to be eliminated. We need to reduce the NAFTA. As we face the end of the mil- $1,000 and even the Inspector General European subsidies to a level provided lennium, NAFTA presents its own Y2K stated as such, motor carriers are like- by the United States before applying problem: January 1, 2000, crossborder ly to consider the fines to be simply a any formula reductions. In the past, trucking provisions of NAFTA are ex- cost of doing business. the European Union has higher sub- pected to allow Mexican trucks to Hopefully, the Senate will take up sidies than the United States and our enter free and clear into the United the measure that includes the House- negotiations have reduced them pro- States. A close look into the situation passed provisions so that Mexican portionally. But when one group has a makes NAFTA’s Y2K problem quite trucks cannot regard the now measly high tariff or subsidy level and another upsetting. penalty as a cost of just doing business.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28919 Of course, Mexico is not happy about ly tearing it off. He fell unconscious Freeh is on record saying that ‘‘[t]here the increased fines and they and others within moments. Agent Williams, al- should be no commutation of his two claim that this is a violation of though hit in the left shoulder and life terms in prison.’’ NAFTA. Excuse me, Mr. Speaker, but right foot, tore off his own shirt in the In a recent letter to his supporters, since when is a fine of illegal activities midst of this chaos and fashioned a Peltier makes reference to the ‘‘many a violation of anything? Mexico vio- tourniquet around his partner’s arm. years’’ of his life that have been ‘‘sto- lates our laws and they say we violate Ambushed, the two agents lay help- len.’’ To this day, he remains oblivious NAFTA? less, completely at the mercy of their to the fact that he stole many years of Clearly, Mexican trucks should not assailants. Peltier and the other two life from the two agents he killed. Jack be allowed into the U.S. and President gunmen, though, would not be showing Coler was 28, Ron Williams was 27 and Clinton was right in telling the team- any mercy to these law enforcement of- a father of a 4-year-old son. They were sters that he will not open the borders ficers that day. They walked down to at the beginning of what promised to to Mexican trucks come January 1. where the two agents lay dying after be long and successful careers in law Well, that might be the first right this horrendous assault. Agent Wil- enforcement. They were cut down at move President Clinton has made re- liams, kneeling on the ground with his the prime of their lives by a coward garding NAFTA. He can make another hand out as if to surrender was shot di- who has shown no remorse. right move by starting the process of rectly in the face. He died instantly. Mr. Speaker, as my colleagues know, withdrawing from NAFTA altogether. Peltier’s group turned on the still un- I was also a FBI special agent and I am Until then, the horrors of Mexican conscious Agent Coler. They shot them appalled that Leonard Peltier has cho- trucks will just be another in the long twice in the head with a shotgun at sen to exploit Native Americans for his litany of NAFTA injustices to the close range and both men died in- own selfish purposes. This is not about United States of America and to its stantly. ethnicity, it is about murder. It is citizens. An examination of the crime scene about respect for the law and law en- f revealed that Agents Williams and forcement officers. Coler were only able to fire five shots I call on the President to see through PRESIDENT SHOULD NOT GRANT in defense. Peltier and his men by con- the myth that has built up around CLEMENCY FOR LEONARD trast left more than 125 bullet holes in Leonard Peltier and recognize that PELTIER the agent’s vehicles. Peltier is trying to manipulate emo- The SPEAKER pro tempore. Under a After these vicious murders, Peltier tions and use political issues to gain an previous order of the House, the gen- fled the reservation and was put on the undeserved release. The President owes tleman from Ohio (Mr. OXLEY) is recog- FBI’s Ten Most Wanted List. Five at least that much to the families of nized for 5 minutes. months later, he was spotted hiding in these slaughtered heroes. Mr. OXLEY. Mr. Speaker, the month an RV by a state trooper in Oregon. f of November has been designated Na- Peltier fired at the officer and fled tive American Heritage Month, a time once again. Investigators found ADVANCING THE INTERESTS OF in which to honor the positive con- Peltier’s fingerprints on a bag under- AMERICAN FAMILY FARMERS IN tributions of our Nation’s earlier in- neath the RV’s front seat. Inside the WTO TRADE NEGOTIATIONS habitants. I was disturbed to learn bag was Agent Coler’s revolver, stolen The SPEAKER pro tempore. Under a then that November has already been from him in the bloodbath 5 months previous order of the House, the gen- designated Leonard Peltier Freedom earlier. tleman from North Dakota (Mr. POM- Month by a group pressing for his re- Peltier escaped into Canada, where EROY) is recognized for 5 minutes. lease from Leavenworth Federal Peni- he was ultimately arrested by the Mr. POMEROY. Mr. Speaker, I rise tentiary. Royal Canadian Mounted Police. Con- this evening as cochair of the WTO Because of the publicity surrounding firming beyond a doubt his cold-blood- Trade Caucus for Farmers and Ranch- this case, we should all be familiar ed mentality, he said that if he had ers to discuss the importance of the up- with its details: Leonard Peltier is known that the officers were about to coming ministerial talks in Seattle serving two consecutive life sentences arrest him, he would have ‘‘blown them and the next round of multilateral for the cold-blooded murder of two FBI out of their shoes.’’ trade negotiations. agents on South Dakota’s Pine Ridge Mr. Speaker, those are not the words Mr. Speaker, I am pleased to be Indian Reservation in 1975. But it is of a candidate for clemency. Leonard joined by my cochair, the gentleman important that we review the facts of Peltier’s heinous crimes are not the ac- from Idaho (Mr. SIMPSON) who pre- the case separating them from the tions of a candidate for clemency. Yet sented earlier on this very topic. We myths that have arisen over the years, Peltier’s supporters are confident that also have across our membership in the especially as Peltier’s supporters are the President will pardon this mur- task force a bipartisan, bicameral petitioning the White House for clem- derer, pointing to his pardon of the group of more than 50 members who ency for this convicted killer. FALN terrorists earlier this year. are committed to advancing the inter- On June 26, 1975, FBI Special Agents These supporters would have us be- ests of family farmers in trade negotia- Ronald A. Williams and Jack R. Coler lieve that Peltier is being held un- tions. entered the Jumping Bull Compound of justly, that he was framed because he The agriculture economy is in dire the Pine Ridge Reservation pursuing a is Native American. They have politi- straits. American farmers are reeling man in connection with an assault on cized the case, bringing in liberal Hol- from the twin evils of production loss two young ranchers in nearby lywood actors who glorify Peltier and caused by natural disasters and price Manderson, South Dakota. refer to the slain agents, Williams and collapse caused by depressed export One of the three people in the vehicle Coler, as ‘‘faceless soldiers’’ sent by the sales and strong global production. the agents were pursuing was Leonard government. They have elevated this b Peltier, a fugitive from justice wanted thug, calling him a leader of his people, 1915 for the attempted murder of a police further dishonoring the law enforce- The crisis in agriculture demands a officer in Milwaukee. Peltier and his ment officers he killed and dishonoring multifaceted response from Congress, associates stopped their vehicle Native American heritage as well. ranging from emergency assistance, abruptly and opened fire on the two Our legal system has ruled again and crop insurance reform, safety net re- agents. Surprised, outmanned, and again that Leonard Peltier is a killer. form, and expanding international outgunned, Agents Williams and Coler The Supreme Court refused to review trade. It is this last issue of expanding were severely wounded in this barrage his case, and a parole board ruled in trade that I will discuss this evening. of gunfire. Agent Coler was hit in the 1993 that Peltier be denied parole for Perhaps no sector of the American right arm, the force of the bullet near- the next 15 years. FBI Director Louis economy is any more dependent on

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28920 CONGRESSIONAL RECORD—HOUSE November 8, 1999 trade than agriculture. The United House Members, Senators, Republicans could predict these events or know how States is the single largest exporter of and Democrats, developed a list for ag- to respond to them. Today, many want ag products in the world. On average, riculture trade objectives for the up- to claim credit. But the most impor- the crops on one out of three acres in coming round including the elimi- tant wall that fell was not even visible. the United States are exported. Many nation of export subsidies, cutting and, It was the wall of fear inside people. It commodities are even more dependent when possible, eliminating tariffs, and is difficult to describe the role that on foreign sales, such as wheat, 1 out of imposing transparency and market dis- fear plays to maintain a totalitarian 2 acres is exported; sunflower oil, 3 out cipline on State trading enterprises. state. of 4 acres of which is exported. Given Our list of objectives was derived Mikhail Gorbachev, however, the share of farm income that depends from concerns we have heard from the changed the dynamics by sending out on foreign markets, American farmers farmers we represent as well as the messages that his rule would not be cannot succeed and prosper without ro- commodity groups themselves. This sanctioned only by guns and tanks. His bust export sales. list serves three important purposes. policies of Glasnost and Perestroika Now, unfortunately, the export mar- Going into the Seattle round, it signals showed that not only would he not op- ket for agriculture has been anything what the United States Congress be- pose reforms, but actually encourage but robust. In fact, the value of U.S. lieves it must have out of this round. them. agriculture exports has fallen from $60 Now, our views are important be- As a third-year law student, I billion in 1996 to a projected $49 billion cause, unlike other systems where the watched with rapt attention, as the this year, a decline of nearly 20 Government may cut the deal and that rest of the world did, to the unfolding percent. is the end of it, whatever comes out of of these events during 1989. It came at Look at this chart. It tells a very sad this round will be brought back to Con- a critical point in my life. I was feeling tale. It is a small wonder we have had gress for approval, and we intend to a little disillusioned, a little bit cyn- that incredible depression in our ag make sure that these objectives are ical about our own democratic process economy with the export record like met. in this Nation. So I went to central Eu- that. f rope a few months after the resolu- There are several reasons for the de- tions, lived out of a backpack, and cline in export sales. They include the MAY FREEDOM AND LIBERTY CON- traveled throughout the capitals of financial crisis in Asia. Despite signs of TINUE TO FLOURISH THROUGH- central Europe to see these changes recovery, we continue to see sales lag- OUT CENTRAL EUROPE first hand. ging in this region, not rehabilitated to The SPEAKER pro tempore. Under a While traveling there, I met the real what they were prior to the crisis. previous order of the House, the gen- heroes of the revolution. People who Strong worldwide production has fur- tleman from Wisconsin (Mr. KIND) is restored my hope for the institutions ther depressed exports and, in turn, de- recognized for 5 minutes. of democracy. They were students pressed the prices for our ag commod- Mr. KIND. Mr. Speaker, I rise tonight about my age who were on the front ities. to commemorate the 10th anniversary lines of the demonstrations, literally In addition to these market forces, this week of one of the most astound- staring down the barrel of guns and So- however, American farmers are on the ing events of the 20th century, the col- viet-made tanks, not knowing if they losing end of export sales because of an lapse of the Berlin Wall on November 9, were going to succeed or suffer another unlevel playing field in the inter- 1989, and the collapse of Communism Prague Spring like in 1968 or Budapest national market. Around the world, throughout central Europe. in 1956. our American farmers are not just What started as a ripple, solidarity’s History later showed that in the case competing with farmers of other coun- triumph in Poland in June of that sum- of the Velvet Revolution in Czecho- tries in other parts of the world rel- mer, Hungary opening its border with slovakia, velvet to symbolize the ative to their own exports. We are com- Austria that summer, led to a deluge of smooth and peaceful transition of peting against their governments as East Germans streaming across the power that took place, the Communist well as they subsidize unfairly their ex- Berlin border and eventually tearing Politburo voted just five to four port market. down the symbol of oppression in Eu- against ordering a massacre. The crops grown by American farm- rope, the Wall. A few short weeks later When I spoke to those students, they ers face, on average, a tariff rate of 50 came the Velvet Revolution that remembered two distinct things about percent in foreign markets compared changed Czechoslovakia. the demonstrations: how cold they to just 10 percent on what ag products One of my most cherished possessions were during the candle light vigils that face entering our market. With respect that I keep on my desk here in Wash- took place all night, and how scared to export subsidies, the European ington is a chunk of that Berlin Wall they were knowing the history of pre- Union accounts for 85 percent of world with some of the graffiti paint still on vious reform attempts in their own export subsidies. it, coincidentally, shaped like Wis- country. Just take a look at my second chart consin. I was able to knock out this They did not have weapons to fight this evening. The blue reflects Euro- piece with a sledgehammer while I was back with, only their courage. They pean exports. Our slender 2 percent in Berlin on October 3, 1990, celebrating knew they were risking it all, but they compared to their 85 percent of world the reunification of both Germanys. chose to do so for the sake of their own export subsidies reveals just why our Today, the political map of Europe future. And they prevailed. exports are not performing and why looks completely different. As this map It is a magnificent irony of history our ag exports are on the losing end of depicts, Mr. Speaker, democracy has today that one of the most oppressive the present trading situation. been flourishing and sweeping across Communist regimes throughout cen- In addition to export subsidies, we Europe. The countries shaded in blue tral Europe, Czechoslovakia, would know that state trading enterprises are those democratic nations that ex- later be led by former poets and play- like the Canadian Wheat Board use isted before 1989. The purple-shaded wrights in the country, one of whom their monopoly status to engage in dis- area are those countries that have was Vaclav Havel. He was one of the criminatory and secretive pricing prac- evolved into democratic nations since key leaders of the Velvet Revolution. tices to undercut U.S. producers. the revolutions of 1989. Obviously, we He was the first democratically elected Now, to build the momentum nec- still have some work to do in Belarus leader of Czechoslovakia since essary to tackle these unfair trade and down in the Balkans and Serbia, as Mazaryek and Eduard Benes before the practices, the gentleman from Idaho represented by the red countries shown Second World War. He was also one of (Mr. SIMPSON) and I formed the WTO on the map. the founders of Charter 77, the moral Trade Caucus for Farmers and Ranch- Now, 10 years later, the events seem blueprint for change in Czechoslovakia. ers. The 50-plus members of our group, preordained. But at the time, no one He helped form the Civic Forum, the

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28921 political alternative to the Communist Antitrust suits are rarely, if ever, One of the chief rallying cries that I regime, but not before he was in prison pursued by consumers. It is always a hear from my colleagues is, we are not four times as a political dissident. little disgruntled competitor, a bureau- going to raid the Social Security Trust In fact, during one of his stays in crat who needs to justify his own exist- Fund. We are not going to raid the So- prison, he became deathly ill. The ence. cial Security Trust Fund. We will not Communist authorities, afraid they Judge Jackson condemned Microsoft raid the Social Security Trust Fund. were going to have a martyr on their for being a ‘‘vigorous protector of its The phrase is repeated ad nauseam. hands, went to him and told him that own self-interests.’’ Now this is to be a But I challenge my colleagues to really the people in New York who give out crime in America. To care for oneself accomplish what we have stated we in- the Obey awards were willing to host and do what corporations are supposed tend to accomplish. to do, that is, maximize profits for him so he could direct his own play on b 1930 Broadway as well as receive proper stockholders by making customers medical attention and care. happy, is the great crime committed in And the reason that I say this is that He asked them one question, if he the Microsoft case. for many it is feared that we are only went, would he be allowed to return to Blind to the fact that there is no con- pandering to the misunderstandings Czechoslovakia. They could not give flict between the self-interest of a capi- and the naivete almost of the Amer- that assurance. So he said I will stay talist and the consumers’ best inter- ican public in claiming that we are not instead. The rest, as we now know it, is ests, the trust busters go their merry invading the Social Security Trust history. way without a complaint from the Con- Fund to finance Federal expenditures. So, Mr. Speaker, I want to pay a spe- gress which could change these laws. I would like to point out that claims cial tribute and wish a special anniver- Only blind resentment drives the eco- that we will not invade the Social Se- sary to a few students who inspired me. nomic planners and condemns business curity Trust Fund come from all quar- To Andreas of Dresden, Peter of success, good products, low prices, and ters, but today I was amazed to see a Krakow, Jitka, Ladka, Ivana, and Pau- consumer satisfaction while under- letter signed by the leadership of this lina of Prague, happy anniversary and mining the system that has provided so body, the Speaker, the majority leader, thank you for showing with your cour- much for so many. the majority whip, and the conference Many big companies have achieved age that there are some causes and chair on the other side of the aisle that success with government subsidies, ideals greater than oneself worth risk- included a sentence to this effect: ‘‘We contracts, and special interest legisla- ing everything for. May freedom and will not schedule any piece of legislation. This type of bigness must be dis- liberty continue to flourish throughout tion on the House floor that spends one tinguished from bigness achieved in a central Europe. penny of Social Security.’’ free market by providing consumer sat- f I would like to contrast this with an isfaction. article in the Wall Street Journal a GOOD TIME FOR CONGRESS TO To help rectify the situation, Con- week ago Friday that reports that the REASSESS ANTITRUST LAWS gress should first stop all assistance to Congressional Budget Office estimates business, no more corporate welfare, no The SPEAKER pro tempore. Under a that the GOP spending bills are already bailouts like we saw to Lockheed, previous order of the House, the gen- over the targets by $31 billion, and that Chrysler, Long-Term Capital Manage- tleman from Texas (Mr. PAUL) is recog- if we look at the report from the Con- ment and many others. nized for 5 minutes. gressional Budget Office, we will see Second, we ought to repeal the ar- Mr. PAUL. Mr. Speaker, by now, the that the GOP spends $17 billion of the chaic and impossible-to-understand Microsoft antitrust case should have Social Security surplus. antitrust laws. What is most troubling to me about caught every Member’s attention. This Next, we should crown the consumers this is the duplicity that is involved. is a good time for Congress to reassess king and let them vote with their We are breaching the faith of the the antitrust laws. money on who should succeed and who American public. It is absolutely wrong Under current law, collusion, nego- should fail. tiations, or even discussions about We should then suppress the envy that we resort to smoke and mirrors markets may be enough to find some- which drives the anticapitalist men- and gimmicks to claim that we are not one guilty of breaking these laws. tality. going into the Social Security Trust Prices in one industry that are too The Bill Gateses of the world can Fund. It is all together too familiar. high, too low, or all the same are sus- only invest their money in job-creating We heard all of these statements dur- pect and could be used as evidence of projects or donate it to help the needy. ing the Reagan administration and monopoly practices. The entrepreneurial giants are not a during the Bush administration when We must remember bigness in a free threat to stability or prosperity. Gov- we had enormous deficits. And now market is only achieved by the vote of ernment bureaucrats and Federal that we are on the verge of balancing consumers, supporting a company that judges are. But strict enforcement of the budget without using Social Secu- gives them a good product at a low all the ill-inspired antitrust laws does rity, I think we have just as much an price. not serve the consumer, nor the cause obligation to the American people to It is an economic truism that the of liberty. be candid, to be forthright, and not re- only true monopoly is government pro- sort to smoke and mirrors and tricks. f tected, such as the Post Office or a The Wall Street Journal article, public utility. There is nothing more WE ARE NOT GOING TO RAID THE which is up here, illustrates one of the annoying than a government bureau- SOCIAL SECURITY TRUST FUND problems that is involved, and that crat or Federal judge gleefully con- The SPEAKER pro tempore. Under a problem is picking and choosing what demning a productive enterprising cap- previous order of the House, the gen- numbers are used to do the accounting. italist for doing a good job. These little tleman from Minnesota (Mr. MINGE) is Anyone who has worked with certified men filled with envy are capable of recognized for 5 minutes. public accountants understands ac- producing nothing and are motivated Mr. MINGE. Mr. Speaker, this week, counting principles and a financial by their own inadequacies and desires Congress and the administration are statement in terms of its integrity. to wield authority against men of tal- struggling over how we handle the so- And the integrity of that financial ent. called end game with the Federal budg- statement requires that generally ac- In a free market, the consumer is et. Those of us here in the House of cepted accounting principles must be king, not the businessman. The regu- Representatives are a critical part of consistently applied. That concept of lators hate both and relish their role of this end game negotiating process in consistent application is what has been making sure the market is fair accord- the votes that it will take to pass the violated by the leadership here in the ing to their biased standards. budget. House of Representatives by picking

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28922 CONGRESSIONAL RECORD—HOUSE November 8, 1999 and choosing where the numbers come but, tell me, have my colleagues ever cret Service or Peace Corps, this only from, the Congressional Budget Office read a newspaper that does not some- includes Federal Government at one point, the Office of Management times get it wrong; does not stretch employees. and Budget at another. the truth? Now, under our radical budget, the This violates a fundamental rule in Here is a report from the Congres- President next year would say 13 of accounting, not consistently applying sional Budget Office. Now, I know the those friends will have to stay home. the accounting principles; or, in this good folks at the Wall Street Journal One example would be the mayor of case, the budget forecasting. Picking know everything there is about Con- Denver. The mayor of Denver goes to and choosing. And we should no more gress and spending and so forth, but Africa with the President. Why? Is Col- let the White House do that than let these people are actually hired to do orado so important to our African pol- Members of our own body do that. We this job, they are the ones who are in icy? If so, why not let the good people in Congress should stand square behind the room. CBO stands for Congres- of Denver pass a hat and pay his the principle that we insist that the sional Budget Office, and they have freight? Thirteen hundred people went budget forecasting process have integ- certified that the Republican budget to Africa for $42.8 million. There is not rity, and that we not claim that no does not raid the Social Security Trust a Member of this House who would say such bill has been on the floor of the Fund, as have the Democrat budgets that was a wise expenditure of money, House when the Wall Street Journal for the past 40 years. Here is what it and there is not a member of this has already reported that we have done says: Projected on-budget surplus White House who would say he could it and when the Congressional Budget under the congressional scoring, the not cut some of that out. Office has already reported that we are way it is done, $1 billion, and this is as Or what about the $3 million ducks in $17 billion into the Social Security of October 27, 1999. Hawaii? The U.S. Department of Inte- surplus. Now, it is real odd to me that people rior bought an island off of Hawaii for We must improve our practices if we who have been voting against every $30 million. The purpose was so ducks are going to continue to have any single appropriations bill because they could breed on it. The only problem credibility. We cannot have letters of do not spend enough money are now was only 10 ducks took advantage of the type that are circulating in this coming in here in the 11th hour and this new honeymoon package. So what Chamber today. And, Mr. Speaker, I trying to rewrite the rules. Where was we have are ducks, $3 million each, will submit this letter for the RECORD. this fiscal austerity back during the over there having a big time. Now, we CONGRESS OF THE UNITED STATES, September and October debates? All we need to find a Hugh Hefner kind of Washington, DC, November 8, 1999. heard from the liberal side of the aisle duck who can promote this thing a lit- DEAR COLLEAGUE: Many of you are asking was, ‘‘You don’t spend enough money, tle bit and maybe we can get it down to when we expect the budget negotiations to so we are going to vote no.’’ $1 million or $2 million a duck. be completed. We expect budget negotiations Well, hello, where does the money I think back in South Georgia we to be complete when we have a balanced come from? Social Security. We have would probably call this a waste of budget that doesn’t raid Social Security, doesn’t raise taxes and pays down the debt held the line on it, we have passed the money, and I suspect the folks would in for the third year in a row. appropriation bills, 13 of them on Re- Kansas, New York, and all over the Earlier this year our conference com- publican votes, because we could not place. mitted to stop the 30-year raid on Social Se- get our Democrat colleagues to join us What is this really about? This is curity—and according to the Congressional because it did not spend enough money about trying to get Washington on line Budget Office, we have done that. The Presi- for them. with the American people, the people dent began the budget negotiations by tak- Yes, there have been a few defectors, who drive an extra two blocks to fill up ing a large step our way and joining us in our and we appreciate them, but we started their tank for $1.07 a gallon instead of commitment to lock away every penny of this year taking the President on. He Social Security. We’re working with him in $1.15 a gallon; the people who do not a bipartisan fashion to protect retirement said from the well of the House let us buy a new suit until the clothes are on security. spend 40 percent, actually I think it sale; the people who go out to eat when The key to the whole puzzle is protecting was 38 percent, of the Social Security they have a coupon and order chicken Social Security and paying down debt. We surplus on a whole line of new entitle- instead of steak; and the people who do will not schedule any piece of legislation on ment programs. But the Republicans’ not buy any running shoes unless they the House floor that spends one penny of So- key goal is to not spend the Social Se- are the discontinued brand or marked cial Security. That said, we expect to ad- curity surplus. That is a quote. That is down 50 percent; and the parents who journ for the year when we’ve ensured that a direct quote from the White House every penny of Social Security is locked raise their kids to turn off the light away. Chief of Staff John Podesta, and that when they leave a room, and do not run If you have any questions, please feel free was as of October 20. the water when they brush their teeth. to contact us personally. Now, that is coming from the folks We are saying to Washington that Sincerely, who do not exactly like Republicans they should live their lives like the J. DENNIS HASTERT, down on 1600 Pennsylvania Avenue. We American people. If we can, we can find Speaker of the House. are not going to spend the Social Secu- a lot more than a penny on a dollar and DICK ARMEY, rity surplus. we can save Social Security. Majority Leader. Now, what have we proposed doing? f TOM DELAY, Majority Whip. We have proposed reducing the size of the government budget. For every $1 NEW SENSE OF HOPE AND RE- J.C. WATTS, NEWAL TO EASTERN NORTH Conference Chairman. we have asked the bureaucracies in CAROLINIANS f Washington to cut out a penny, and they can do it. Here is an example of The SPEAKER pro tempore. Under a ONE PENNY ON A DOLLAR WILL one place they could do it. Now, we previous order of the House, the gentle- SAVE SOCIAL SECURITY have heard there is absolutely no woman from North Carolina (Mrs. The SPEAKER pro tempore (Mr. waste, but this is the President’s trip CLAYTON) is recognized for 5 minutes. FLETCHER). Under a previous order of to Africa. He went on a number of trips Mrs. CLAYTON. Mr. Speaker, I will the House, the gentleman from Georgia this year. He went to China and spent leave a response to that very comical (Mr. KINGSTON) is recognized for 5 min- $18.8 million, took 500 people; went to presentation to a later time. utes. Chile, spent $10.5 million; went to Afri- I have a more serious and also a very Mr. KINGSTON. Mr. Speaker, I want- ca and spent $42.8 million, and took jovial and happy announcement to ed to start off by just kind of rebutting 1300 of his dearest and closest Federal make, and that is to thank Members of my distinguished colleague. The Wall Government friends. Now, there were Congress and to thank their staffs in Street Journal is a great newspaper, other people. This does not include Se- particular for joining with 11 Members

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28923 of Congress going to my district and in Tarboro, which is East Tarboro, alert our colleagues as to some of the participating in real work and giving a which was flooded, or the fact that real challenges that confront us as a sense of hope and renewal to the people Princeton, the first historical black Congress tonight and over the weekend of eastern North Carolina. town to be in America was completely and over the next couple of days that I have pictures here that show us in- flooded, or Trenton, North Carolina, we are here in Washington as we move deed some of the scenes wherein we was completed flooded; Greenville, toward this deadline of Wednesday that were flooded. Now that we are not with East Carolina University, 12,000 stu- we have set for ourselves, an expecta- the water, somehow it is forgotten that dents had to be relocated because of tion and anticipation that we will be our citizens are still dealing with this. the flood. able to arrive at a compromise with If my colleagues could begin to think Well, the objectives of this was sim- the White House. of the area which was devastated, they ply to put a face onto this; that we can Because it is very clear, Mr. Speaker, might think of a State about the size look at the human beings that were that compromising with the White of Maryland, because we are involved suffering and see their pain, their an- House is an expensive proposition. in some 66 counties, but 33 of them guish, but also their hope. So it was to The Congressional Budget Office, as have serious flooding. raise the sensitivity and the awareness had been pointed out by colleague the The devastation in farm life is al- and the knowledge of staff members gentleman from Georgia (Mr. KING- most unimaginable. We have $1.7 bil- and Members of Congress so they would STON) who spoke just a few moments lion that has been lost in the erosion of be advocates so they could help us re- ago, had certified that the proposal land, the loss of wildlife, the loss of spond to this in a meaningful way. that Republicans had put forward does various livestock, whether it be cows balance the budget without raiding the b 1945 or pigs or chickens. In fact, 2.5 million Social Security trust fund and dip into chickens were lost, 120,000 hogs, 900,000 The second objective was to bring Social Security funds to pay for Gov- turkeys were lost. The loss was just hope itself, to bring hope and renewal ernment, as has been the tradition over devastating. to the people who are now suffering. a great many years. And we are have The housing will be our greatest You go through stages in this. The first very proud of that, and we want to problem. In eastern North Carolina we people are so grateful that they have stick as closely as possible to that ulti- had a housing problem before Hurri- survived the flood and their adrenaline mate goal. cane Floyd, and then with the housing is flowing with the outpouring of gen- But things are getting a little more being devastated by the rains, we now erosity there. But later on despair sets challenging in these negotiations with have even a more severe problem. in and anger and confusion and frustra- the White House. And I want to talk Forty-six homes have either been dam- tion, and that is where many of them specifically about the budget as it re- aged or completely destroyed. Ten are. lates to the topic of education. The United States Department of thousand must be destroyed because But on Saturday, those who came Education is an agency that controls they are either in harm’s way, they are from Washington, at least for a day, approximately $120 billion in assets and in the floodplain, or they have been brought hope and renewal. For they expenditures, about $35 billion in an- completely destroyed. were actually cleaning up various nual expenditures, at least according Many of these people are older citi- homes, removing the debris, cleaning to the dollar amounts that we have set zens. The home ownership is high up a business or cleaning out a church for the Department of Education; and there, because many of them bought or cleaning out a senior citizen facil- the balance being the loan portfolio their homes years ago and they are ity. They went to six different counties that the Department of Education senior citizens and their income is not and 13 different sites, including a farm, maintains. as robust as the economy would sug- removing debris from a farm. Well, the President believes that we gest in other areas, so we really have We thought we would have 10 buses. need to spend more. We have in fact, as an area of great devastation. We ended up with 12 buses. More than I mentioned, budgeted $35 billion for So this was reason that we wanted to 550 individuals came from the capital the Department in the current spend- bring people who would bring hope and to be engaged with the people in east- ing bill, including $1.2 billion for the renewal, and I just want to thank ern North Carolina, and I just want to process of teaching to help appeal to Members of Congress for encouraging thank them. I think it gives a new face the professional senses of our educators their staff and thank those staff mem- for the capital. It says that people do and classroom professionals through- bers for doing this. This was actually care. out the country, to provide for more the Congressional Black Caucus, under Mr. Speaker, I think we do best as training for more teachers for those the leadership of the chairman, the Americans when we respond to others districts that wish to hire them and to gentleman from South Carolina (Mr. to show that we are neighbors. Yes, we do so within a framework of flexibility, CLYBURN), who thought it was a good are legislators, but also we are human not constraints but flexibility, in ex- way of showing we wanted to be the beings in America. change for accountability. conscience of Congress by organizing f We believe there is a legitimate role this. But this really became a congres- EDUCATION SPENDING BILL for the Federal Government to be con- sional response. It was a bipartisan re- cerned about local schools but not to sponse. We had many Members from The SPEAKER pro tempore (Mr. run them. We want to send the dollars the Republican side in the House who FLETCHER). Under the Speaker’s an- back to local school districts, back to sent their staff, if their staff wanted to nounced policy of January 6, 1999, the classrooms, and appeal to the profes- go, and we had members, at least three gentleman from Colorado (Mr. SCHAF- sional sensibilities and the care and or four, of the offices from the Senate. FER) is recognized for 60 minutes as the compassion and concern of qualified So it was bicameral as well. designee of the majority leader. superintendents, school principals, lo- And I just wanted to thank the Mem- Mr. SCHAFFER. Mr. Speaker, I am cally elected school board members, bers who came. They came back with joined tonight by a couple of col- and so on. different experiences, but I can tell all leagues and others that I know are ex- Therein lies the difference, Mr. my colleagues what the objective was. pecting to come over to the floor to Speaker, that I want to zero in on to- The objective was to allow Members of help in this discussion. night. Because the President’s plan and Congress and their staff to see first- What we want to focus on this the reason he vetoed the education hand the devastation so they could be evening is our efforts to pass a series of spending bill, the reason he is holding advocates as the TVs left our scenes appropriations bills that bring this that particular bill up at this very mo- and we no longer saw the water, as we country in under the budget caps that ment is a matter of philosophy. You see here; or we no longer could see the both the Congress and the White House see, we really do believe on the Repub- scenes from this second one, the houses had agreed to previously and, also, to lican side in our philosophy and our

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28924 CONGRESSIONAL RECORD—HOUSE November 8, 1999 values of getting dollars back to the from the other end of Pennsylvania Av- dollars, but the education debate going States with freedom and flexibility. enue, it does not represent them, that on in Washington now is not about But the President, instead, would this attitude is what people are most more money. There is no argument like to hire approximately 100,000 Gov- disgusted about when they think about about how much money we should ernment agents, Federal agents, and Washington, D.C. spend but where the control lies. have those Federal employees working We are trying to change that in this I think this is a pretty significant in classrooms and in my school where budget. That is the element of the de- discussion that the American people my children are educated. We believe, bate that currently is holding up the needs to take seriously. And the ques- the Republican side, we want to give agreement from going forward in this tion I ask, should the Federal Govern- those dollars to classrooms and give negotiation between the White House ment dictate priorities for our local them to local leaders and so on, but we and the Congress. school districts? I think the vast ma- do not want to define specifically how Well, we passed legislation, as I men- jority of Americans would vote no to those dollars must be spent. We do not tioned earlier, that deals with this ef- that. The vast majority of Americans want to confine principals. We do not fort to try to get dollars to local school would not want the Federal Govern- want to constrain superintendents. We districts and do it in a much more pow- ment dictating local educational do not want to limit the options and erful and effective way and a way that policies. the freedom and liberty that local more closely approximates the local Now, it is interesting, last year in elected educators have. And we also priorities of school districts. And we some debate I remember the numbers, I want to honor and respect the leader- are very serious about following think we take credit for supplying be- ship of governors throughout the through on that. tween 6.8 to 7 percent of the local dol- country. We believe the liberty to teach and lars for basic education. But many said There was a reporter just today who the freedom to learn are goals and ob- we provide 70 percent of their bureau- asked the President the following ques- jectives to which not only this Con- cratic nightmares. In other words, to tion, and I will quote the question. He gress should aspire but the American get your hands on the Federal money, says, ‘‘Mr. President, on the issue of people in general wish us to pursue, you have to have a lot of expertise. funding for teachers, sir, you resent it and we are going to stay on that And it is interesting, when you look at when Congress tells you to spend course. the numbers of school districts who get The argument is compounded even money in ways which you do not deem very little Federal money and those further in our position, and the appropriate.’’ who get a lot, that is the answer. strength of it I think becomes even Let me stop right there at the report- So small, rural school districts, more apparent when you consider to- er’s question as it was put to the Presi- which I represent, I have school dis- day’s headline in the New York Daily dent. The President does disagree with tricts who get less than one-half of one News. I know this is small, but it is a this. We want to get dollars to the percent of their money from the Fed- copy of the front page. ‘‘Not Fit to eral Government. So no matter what classrooms, to the local schools, and Teach Your Kid. In some city schools, we do here, it will not have a huge im- allow local professionals to determine 50 percent of teachers are uncertified,’’ how best to utilize those funds in the says the headline in the New York pact. And why do they not get that best interest of children. As the re- Daily News. money? porter accurately points out, the Presi- And the article that follows this Well, in rural school districts you dent resents it when Congress tells headline shows that when you throw have a school superintendent and he is ‘‘you’’, the President, to spend money dollars at a goal of just simply hiring the butcher, the baker, and the candle- in ways which do you not deem appro- more Government employees that fre- stick maker. He does not have a fi- priate. quently you do not get the quality of nance officer. He does not have a cur- The reporter goes on: ‘‘Why should a teachers in this case that the American riculum director. He or she plays nu- state governor who would like to spend people would expect and that children merous roles because they do not have that money differently feel any dif- in fact need. the dollars to have this bureaucracy ferently?’’ And of course, the President That is, I am afraid, the ultimate within the school districts that can go has a different answer when it comes to goal of the President’s approach of re- after Federal dollars. governors. Here is what the President stricting the dollars as they go to Most school districts that are suc- said in responding to governors and to States, restricting them by tying cessful have specialized grantsmen who this question. He said, ‘‘Well, because strings to them, attaching mandates to do nothing but look through the it’s not their money.’’ those dollars. It will result I submit, records and find out what programs Now, this is the problem with Wash- Mr. Speaker, in more headlines like may apply and how to apply for them. ington. In fact, that is what is sick this not just in New York City but Urban suburban areas also have the with this city in Washington, D.C., throughout the country. It is the kind luxury of educational consultants they when it comes to taking cash from the of headline that we are working very can hire to help them get the Federal American people, bringing it here to hard to avoid, in fact, and have head- money. Washington, sending those dollars back lines that we can be quite proud of Now, when you have a bureaucratic to the States, and putting crippling about the professional kinds of teach- system like that, it is rich get rich and rules and regulations on those dollars ers that we have in mind for hiring the poorer get poorer because the poor and placing conditions on those dol- around the country through the leader- do not have the money to invest in get- lars, which is what governors resent ship and through the initiative of gov- ting the Federal money. That is why in and what governors feel differently ernors, State legislators, school board Pennsylvania, where I come from, about. members, principals, and super- there are schools who get less than The President’s answer is one that so intendents. one-half of one percent of their money many people in this bureaucratic men- Mr. Speaker, I yield the floor to the from the Federal Government and tality of Washington represent. He gentleman from Pennsylvania (Mr. PE- there are schools that get 12 and 13 per- says, ‘‘Well, because it’s not their TERSON) who has worked very hard on cent of their money from the Federal money.’’ this very topic and knows quite well Government. Now, that is 25 times as The point being, this money must be how important it is to fight to get dol- much. Is that fair? No, that is not fair. his money. This money must be Gov- lars to the classroom. But that is Federal bureaucracy, this ernment’s money. This money must Mr. PETERSON of Pennsylvania. Mr. federalized system. have been created somehow by people Speaker, I thank the gentleman from It is interesting because now the here in Washington. Colorado (Mr. SCHAFFER) for yielding. President is really hanging out out Well, I think most Americans, when Mr. Speaker, it is interesting, be- there and I heard his top people over they realize the attitude that comes cause most budget battles are about the weekend talking about they were

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28925 hanging out for a 100,000 teachers. In So the question I ask is, if 6.8 percent I am disappointed in that kind of an at- other words, if you will hire teachers, is what we are supposed to be pro- titude, because I think it is time that you can get in line for this money. But viding, and if only 3.1 percent in this we think about the kids, we think if you need computers, if you need State, Pennsylvania, is getting into about maximizing their potential edu- more classrooms, if you need tech- the classroom, where did the rest of the cation, and stop arguing about polit- nology of some kind, if you need your money go? I do know one thing, that ical slogans that will be used in bro- school wired, if you need new books, we when I served in State government, the chures another 12 months and get down are not going to help you. bureaucracy there was pretty well to saying, let us get the money to the Now, I think that that is the mis- funded with Federal dollars. We have a schools. If we are only getting 60 per- take. And I want to relate it back to bureaucracy here in town funded with cent of it there, let us say we try to get several years ago the President wanted Federal dollars. We have regional bu- 70 this year. If we are only getting 50 100,000 cops, and the record on that pro- reaucracies that are funded with Fed- percent there, let us say we try to get gram in place a number of years now eral dollars. It is my opinion, and I am 65 and next year 85 and let us get the has never put 100,000 cops on the not saying 3.1 percent is totally accu- money driven out. Let us somehow streets of America. rate because I expected to have a cou- work through this bureaucratic maze In fact, I recently had my staff work- ple of percent chewed up in bureauc- that is chewing up these bucks and ing with two communities who are on racy. I did not expect over half. have the money go out there in some- hard times who got seduced by that But as we continue to review this, I way that poor districts, that rural dis- program to hire more cops because think it helps make the argument we tricts who do not have grantsmen, who they were free and they could use the make. Let us fund dollars that get to do not have a lot of staff can get their police protection. But now they are the classroom. Let us not say to fair share of Federal resources. finding out that is a temporary pro- schools, if you want our money, you The Federal program, in my view, re- gram and that is this teaching pro- have got to buy computers or you have wards the rich, those who have the gram, if I understand it right, it is a got to hire teachers or you have to staff, those who have their own bu- temporary program. So they are going build more schools or you have to do reaucracy and can meet the needs of a to hire more teachers and in a couple certain things, because those things Federal bureaucracy and leaves the years there will be no Federal money vary from State to State and commu- poor, impoverished school districts out to pay for them, they will have to have nity to community. We have 530 school to lunch. the local resources. districts in Pennsylvania. Multiply Mr. SCHAFFER. Your comments Now, should we be seducing schools that by 50 States. There is a huge dif- about the differences between rural dis- and communities to hire more teachers ference in what goes on in Alaska and tricts, urban districts, wealthy dis- and more cops if we are not going to be what goes on in Florida and what goes tricts and poor districts is right at the there year after year? Is that how we on in Maine and what goes on in Mis- heart of this debate over Clinton teach- build a good educational system? I do souri or Arizona, or Pennsylvania, or ers versus local school teachers. It not think so. Because just a few years California. There are very different comes down to this. There are many, ago, we had more computers and more parts of this country. many places in America where districts technology, more emphasis on science I think saying 100,000 teachers is need more teachers. They need the re- and math. And basic literacy has been about politics. That is a slogan. That is sources to hire more teachers, get an issue year after year, and we have a campaign issue. That is not about them into classrooms, reduce class several dozen literacy programs. helping education. Because if we really size, where these are the locally estab- b 2000 wanted to help education, we would cut lished goals, goals established by lo- Is it cost effective to have several through this bureaucratic maze and we cally elected school board members, by dozen literacy programs that schools would get dollars into the classroom principals who know the names of the can apply for, or to have one literacy that would be allowed to fix up the students in those classrooms, by super- program? Now we have several dozen. classroom, that would be allowed to intendents who know the names of the We have had programs to promote pa- hire more teachers if that is the goal, principals and so on. For those school rental involvement. We have had pro- would be allowed to buy more com- districts, we say you ought to be able grams suggested that we should build puters and more technology, buy more to spend your money on classroom re- schools from the Federal level. And, of books, do things that enhance the edu- duction, to hire new teachers, local course, the issue of accountability cational process, recruit the right kind teachers if you would like. never really gets addressed very much. of teachers for science and math which The President’s answer is one that And I think that is the question par- are in short supply, but allow the local you have summed up perfectly, refer- ents ask, is how do we keep our edu- districts to make those decisions of ring to his comments earlier today, cational system accountable? how they can best use those dollars. that we should do it Clinton’s way, be- It is interesting as we have this de- I say, Mr. President, when I have cause, as he says, well, because it is bate and the unfairness of it, when we school districts that get less than 1 not their money. It is not that local have 6.8 percent of the money is what percent of their funding from the Fed- principal’s money, it is not that Gov- we claim funds local education. I re- eral Government, I am sure they are ernor in Pennsylvania’s money or Colo- cently asked the Department of Edu- not going to be standing up clapping rado’s money. This money somehow, cation in Pennsylvania, I would like a when you talk about 100,000 new teach- according to people in the White printout of the money that each and ers, because there is no way they can House, belongs to, well, the White every school district in Pennsylvania, reach that. House, and they therefore believe that and there are 530 some, gets to fund I just want to share, I was dis- they have some title to define how their schools, local money, State appointed in the President’s comments those dollars should be spent. The prin- money and Federal money. They have today. He said, ‘‘Well, because it’s not cipals who want to hire more teachers, that, and they gave me this printout. their money,’’ and he is not the first they ought to be able to use their The part that surprised me was when politician that has said that. Lots of funds, their Federal funds, to hire more they added up the column for Federal politicians have said that. It is like it teachers, but those that wish to invest aid, it came to 3.1 percent. We said, is their money. But he went on to say, in technology, to buy a new school bus, there must be something wrong. So we ‘‘If they don’t want the money, they to resurface the roof, to do a number of sent it back to them. We said, you don’t have to take it. If they are of- other things that they might believe to must have missed some Federal pro- fended by it, they can give it to the be more important, to target those dol- gram, some major one. They came back other States and other school dis- lars to reading programs for disadvan- to us and they said, no, we think all tricts.’’ I am disappointed in that kind taged children and things of that sort, Federal money is included. of rhetoric at this point in the process. those teachers ought to have the full

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28926 CONGRESSIONAL RECORD—HOUSE November 8, 1999 freedom, the full liberty to use their committee chairman, one who has Another example, Jacques Steinberg money as they see fit. That is the dif- demonstrated day after day and time of the New York Times wrote that 58 ference. We view these precious dollars after time his commitment to getting percent of newly hired teachers in the that taxpayers send to Washington and dollars to the classroom and looking Los Angeles Unified School District, we then send back to the States as the out for children rather than the edu- which is part of my district, are not taxpayers’ money. Down at the White cation special interests that we find certified. Instead, some were hired House, they view these dollars as the here in Washington, D.C. solely on their experience of leading White House’s money. When the Presi- I yield to the gentleman from church or camping groups. I am not dent uses that kind of language and California. saying that these are not good people that kind of attitude, I want our col- Mr. MCKEON. Mr. Speaker, I want to and I am not saying that they are not leagues and the American people to thank the gentleman from Colorado concerned and they are trying to do know that the President is in for a (Mr. SCHAFFER) for taking the time to their best, I am just saying that they fight on this one. These dollars do not set up this special order to give us a are not prepared. We said in our bill belong to people in Washington. Ameri- chance to talk a little bit about what that you take the money and you de- cans work too hard to earn these dol- we are trying to do in education on our cide what is best for your local school lars and send them here. I think they side of the aisle. district. The gentleman from Pennsyl- send too much here. But acknowl- Last year, early this year, we in our vania (Mr. PETERSON), the gentleman edging that they work hard to send subcommittee started holding hearings from Colorado (Mr. SCHAFFER), myself those dollars here to Washington, I on what we could do to improve and to from southern California, all have dif- want people to know that there is a help education. We were specifically ferent kinds of districts. party here in Washington that is going looking at what we could do to help I served for 9 years on a local school to stand up and look after those dollars improve teaching. We started holding board. I was very frustrated with the and is going to send them back home hearings around the country and here mandates coming from Washington, or with the fewest amount of strings and in Washington and people came and the mandates coming from Sac- regulations and red tape and mandates testified before us, people from various ramento. That was one of the reasons attached, and that this is a fight worth phases of education, administrators, why I ran for Congress and why I am fighting and we are going to stand in teachers, school board members, par- happy to be on the Committee on Edu- there for those children who ultimately ents, and they all said one thing in cation and the Workforce and why I will benefit from greater academic lib- common, that the most important per- wanted to, to see if we could not try to erty and freedom and more managerial son in teaching is the parent; number solve a problem. Many Democrats freedom at local levels. two, the next most important person is joined with us in this legislation on It also raises another point, and, that the teacher. I think we all agreed on teacher empowerment. They felt like it is, did we not already provide these that and in a bipartisan way we moved was the right thing to do. We talked 100,000 Clinton teachers? Did we not al- forward and crafted legislation that and said, once in a while you can do ready fund them? Because that was in said we would send money to the local the right thing here. But it is like the last year’s budget as well. What hap- school districts and let them decide President is stuck on this 100,000 teach- pened to those? As it turns out, the how they would spend that money. We ers and no matter what we do or say, President estimated that he had only gave the highest priority to classroom he says, we are not leaving town until hired 21,000 teachers with the dollars reduction, class size reduction, because we give him a program for 100,000 we appropriated and as it turns out, an we felt that was a very high priority. teachers. We say, we have the program. even deeper analysis concludes that we However, if the district was unable to The only thing we are saying is, we are probably did not even hire those teach- hire qualified teachers, we said that not going to run it out of Washington, ers with the funds that the White they could use that money to train the we are going to let the local people de- House insisted on last year. And so teachers that they now had. cide. The money is there. Take the when you send these kinds of dollars to We had a young man, a young educa- money. If you need it to hire teachers, specific school districts and tell them tor, African-American from Wash- do it. If you need it to train teachers, that you have just got to go out and ington, D.C. come in to testify. He had do it. If you need it to provide merit hire people, what happens is exactly been teaching, he said, for a couple of pay to ensure that your teachers do a what happens in New York, if you read years, and he felt very inadequate. He better job or the better teachers are re- the New York Daily News today, that was put in a third-grade class and was warded, do it. If you need it for tenure in New York they took the cash. Of told to teach these children how to reform or other innovations, do it. But course, there is no principal or super- read. He knew how to read and the you have the responsibility. You have intendent or school board that is going principal said, you know how to read, the ability. to turn down the cash. They took the teach them how to read. But he had I represented our area in the State cash and they hired teachers who are never in his education had a class on school board association for the time not certified, because they just had to how to teach reading, and he was very when I was on the school board. We had spend the money, just spend cash. It frustrated. He felt like he was not 6,000 locally elected school board mem- did not matter whether the children doing an adequate job and he was ready bers in California. They were good peo- were benefitting. It did not matter to leave the profession. Fortunately, ple. They were sincere. They really whether the kids were getting smarter. somebody was able to get him to a wanted to do what was right for the It did not matter whether they were class where he was able to learn how to children. But their hands in most cases hiring teachers that were capable of teach and he was doing a much better are tied, because of mandates that teaching. They just hired people, job, his students were prospering, he come out of Washington. If we send uncertified teachers in this case, as was feeling better about himself and this money out and say, you can use it many as 50 percent in some New York stayed in the profession. because the President says so for a schools. This is a bad formula for edu- I have some real concerns about hir- Federal mandate to reduce class size, cation in America and it is not the for- ing a lot of people that may not be ade- K–3, to 18 children, I do not know mula we want to see. quately prepared. In my own State of where they got that magical number, I know there are a great number of California, we reduced class size a cou- but that is what they said and that is us here in Congress who focus on this ple of years ago, we put that as the the only choice you have, and like the topic and feel passionately about it. number one priority from the governor, gentleman from Pennsylvania said, his Another one is with us today, the gen- they mandated from the State head- district probably will not see any of tleman from California (Mr. MCKEON), quarters class size reduction, and it has that money. Your districts may not see a member of the Committee on Edu- resulted in over 30,000 underqualified some of that money. But what we are cation and the Workforce and sub- teachers in California. saying is use it to improve the teachers

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28927 that you now have. Help them do a bet- We are prepared to spend $35 billion teachers, and let us remember the chil- ter job. on the Department of Education, and dren. We did a press conference today and that is what we budgeted. In fact, when Mr. KINGSTON. Mr. Speaker, if the outside we were talking to a reporter. we really look at the bottom line, the gentleman will yield, there is a great b 2015 Republican Congress has proposed story about a teacher, and we all had more money and has spent more money these institutional teachers that every- And there was one of our security on education this year than the Presi- body loved and feared, but respected people standing right there, a mother; dent himself had requested and had and learned a lot from. This 30-year and I could see, she heard us talking suggested in the education budget. So veteran of the school system in Gray, and I could just see she wanted to enter this is not about spending money. That Georgia, a tiny little town outside of into this conversation. And the re- argument has been taken away from Macon, she was teaching, and this new porter was asking questions, well, do up-start from the Department of Edu- you feel like you have reneged because the White House. This is about how the money is spent, cation, probably on the 6th floor up you agreed to the President’s 100,000 whether it goes to States with the there, third office down to the right, a teachers last year and now you are flexibility and freedom to hire more very important person with cell phones backing out from it? I said look, we are teachers if they want, to buy more and laptop computers, decided she was not backing off of that at all. We are computers if they want, to do more going to go down to Gray, Georgia, and just saying that instead of Washington training if they want, to focus more on grace the good teacher with some of having to decide, we let the local peo- teacher quality if they would like, her wisdom. ple decide. Ask this lady right here. versus the President’s answer which as- Now, this young lady, who is a fine She looks like a mother. Ask her if she person, I am sure, but she had never wants to have the best qualified teach- sumes that it is not their money, as the President said; the American peo- taught kids. So she goes down to the er or if she wants the smaller class teacher and says, you know, after 30 size. ple, it is not their money and the States, and make that assumption and years of teaching, you have been teach- We say, she can have both. I have six ing kids on the right-hand side of the send those dollars back to States with children that grew up through the pub- chalkboard, and do you know that the constraining, restrictive rules that say, lic education system. I have 17 grand- left side of the brain learns faster than you may only spend those education children now growing up through the the right side, and so what you need to dollars in a narrow sort of way. public education system. I have talked do is switch and put everything over on to my daughters, and I have talked to I represent a lot of rural districts in my congressional district. Even if we the right side of the chalkboard, or the my daughters-in-law; and I find out left side of the chalkboard, because what is going on in the school and they assume there are 100,000 teachers in this package, which there are not, as that is really where you can improve say look, if we have a chance to get the your education, teaching. This is a we saw last year, it is not even 21,000 best teacher in the second grade class, lady who has been teaching for 30 that the President had thought he and all teachers are not equal, if we years, listening to a 25-year-old bu- counted in the current year; it is much have a chance to get that teacher and reaucrat from Washington, D.C. who less than that. When we spread 21,000 the class size is 25, worse is the teacher had never put one hour in a classroom. teachers across the country, let us be that they just hired to fill a Wash- This was a lady, a veteran teacher that generous. Let us say we really do hire ington mandate and maybe made the you and I talk about and our cousins 100,000 new Clinton teachers. Let us say class size 18, if I had my choice, I will talk about and our friends talk about we hire those teachers out of Wash- take the teacher, the good, qualified and we still remember what she taught ington and spread them out across the teacher in the 25-student classroom, us about Hemingway and Thoreau and because I know my student will get a country. When we get to the small dis- Chaucer. But the good old Department better education than they will in a tricts of America, they do not get any. of Education, because they love chil- smaller class size with a poorly pre- There are no teachers left by the time dren. pared or inadequately prepared teach- we get to these rural areas. They are It is odd to me how a bureaucrat in er. all consumed by the large inner city Washington, D.C., as smart as they are, All we are saying, we are not fighting metropolitan areas around the coun- and as much love as they have in their over the money, we are not fighting try, and most children in most school hearts can love kids down in Gray, with the President. We are saying, Mr. districts will be abandoned by this nar- Georgia, and teach them better than President, join us. Call this your bill. row, mandated, restricted process that the people in Gray, but also better Make it the Clinton Teacher Empower- the President has outlined to spend than the people in New York City or ment Act. I do not care. But let us put these dollars. California or Colorado. I mean, these the students first, let us put our chil- Mr. MCKEON. Mr. Speaker, if the are very interesting, brilliant people. dren first, and let us let their parents gentleman will yield, I heard a story The gentleman was talking about at the local level, the school boards at over the weekend. One of our good Sen- waste. There was an interview this the local level be involved in the deci- ators from the other body was having a weekend on a television show with sion. Let them decide. Because one- discussion with one of the Federal bu- John Stossel and Barbara Walters, and size-fits-all out of Washington will not reaucrats and the Federal bureaucrat what the Clinton person was saying, work. said, I resent what you are saying; I re- well, the Republicans want to slash We are going to hold on this. We sent what you are proposing. I want class size. And Mr. Stossel, who is a think this is important. If we have to you to know that I love your children neutral journalist says, oh, come on. stay here, Mr. President, until Christ- every bit as much as you do. The Sen- Local districts pay for education. Is mas, if you have to miss your trip ator said, oh, yeah? What are their there no fat in the Education Depart- around the world to stay here to work names? ment? In five years, Federal education with us on it, let us do it; but let us re- I go visit a lot of schools and I see funding has increased 20 percent. There member the children first. I thank the principals go into classrooms and they are now 4,000 workers in Washington, gentleman. know their names; they know the chil- D.C., attending conferences, making Mr. SCHAFFER. Mr. Speaker, the dren. Are we to say that they are not phone calls, and not teaching. Are they gentleman points out really a lack of a going to do what is best for the chil- really necessary? distinction, I suppose, between the dren, at least as good as what they Or how about the $400,000 appro- White House and the Congress when it would do out of the White House. I propriated to build a Doctor Seuss statue. comes to the actual dollars, because pose that they would do much better. Is that really necessary? He goes on the reality is, there is no difference of Let us give them the opportunity. Let and on and on. It is not just the De- opinion on the dollar amount for edu- us send the money back to them, and partment of Education. The Depart- cation and for the education budget. let them hire and train and help their ment of Interior, the Department of

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28928 CONGRESSIONAL RECORD—HOUSE November 8, 1999 Defense, the Department of Family back in the district, Camden County, b 2030 Services. Everything has waste in it, Georgia, a Southeast Georgia county Mr. SCHAFFER. Absolutely. The as- and the only thing we have asked these that borders the St. Mary’s River just sumption that the dollars that the tax- bureaucracies in Washington to do is North of Jacksonville, Florida. A lady payers send to Washington do not be- cut out one penny on the dollar so that down there, she was not a teacher, she long to the taxpayers, but to the people we will not have to spend Social Secu- was with the local Board of Education in Washington, I cannot think of a rity money. We want to be able to and she had just returned from Athens, more arrogant statement for anyone in spend it. Georgia, where the University of Geor- Washington to make than that which Mr. SCHAFFER. Mr. Speaker, re- gia is located, from an anti-hugging was made just today down at the White claiming my time, the examples the seminar. Now, that was not the name House. gentleman used are examples that of it, but that is what they called it. Sending those dollars to Washington seem quite obvious to the American also entails being accountable for those people, but the expenditure is coming What she had to attend was a conference put on by the national Depart- dollars once they are spent. What three out of the White House. of us discovered, Members of Congress I want to go back to this example of ment of Education in Athens, Georgia, who actually went down to the Depart- the requirement that States use their for all of the teachers in the 165 school ment of Education office building a education dollars the way the White districts of the State of Georgia on not week ago Friday, was that the Depart- House wants to prove the point, be- being alone with children. They told ment’s budget is not auditable. Their cause the assumption is that 100,000 her, they said do not ever touch a teachers is automatically a good idea. child. Okay, a lot of sexual harassment accounting system is so bad that the That sounds good to most people, going on, we can understand the good General Accounting Office and the In- 100,000 teachers. That sounds like a intentions here. They said, do not be spector General of the Department of very positive thing. Most people who alone with the child and do not ever ex- Education have concluded that for fis- are familiar with classrooms that are press any kind of affection. So now she cal year 1998, their books are still unauditable, meaning that we will overcrowded and so on just naturally has to go back and tell all the teachers never really know in full detail where assume that that is somehow going to in Camden county not to hug, not to the money went that was spent in the help. But it ignores the question of touch, not to be alone with children. quality, which is the bigger issue and Department of Education in 1998. Just think about this a minute. If the more important issue. Mr. KINGSTON. Exactly how much you are a C student and you did not get What we find time and time again is money is the gentleman talking about that a quality teacher makes far more the quadratic formula the first time that is unauditable? difference than a greater volume of around, you cannot go after school and Mr. SCHAFFER. Let me use 1999, teachers. The research is, across the see Ms. Jones because she has to have since I am more familiar with those academic spectrum, replete with re- a witness for that 20 minutes that you dollars. We spend approximately $35 sults showing, and this is one from the are with her that she did not try any- billion in annual appropriations for the National Center for Policy Analysis, thing on you. And if you are a little, Department of Education. The Depart- and I will just read the first paragraph: say, a 6-year-old or 7-year-old and you ment of Education also manages the ‘‘There is little evidence that smaller have some problems with the mechan- loan portfolios of virtually every stu- classes help students,’’ says education ics of relieving yourself in the boys’ or dent who has gone to school in Amer- expert Chester Finn, Jr., who by the girls’ room, sometimes you might need ica and financed a college education way, was a pretty high-ranking official a teacher assistant. You cannot do that through a guaranteed government stu- in the Department of Education a few any more without a witness, because dent loan. years back, ‘‘and reducing class size the National Department of Education So when we add the loan portfolio, may even hurt student achievement if knows best for the children in Camden this is an agency that is in charge of a the new teachers are mediocre,’’ again, County. total financial portfolio of about $120 bringing the argument back to the no- She said, but you know what the real billion annually, and for an agency of tion that quality matters more than tragedy is? Camden County is the home that size, it makes it effectively one of quantity. ‘‘Yet, President Clinton has of Kings Bay Naval Base, lots of young the largest financial institutions on proposed shrinking classes in the early moms and dads, lots of parents of very the entire planet. Their 1998 books are grades to 18 students per teacher by small children who are away for 6 not auditable. The American people hiring 100,000 more teachers at Federal months at a time. She said, these little and this Congress have no assurance expense for 7 years,’’ and the report kids have a lot going on in their lives. that the money in 1998 was spent well, goes on further. They need a hug a lot more than they let alone in subsequent years after In fact, I would ask unanimous con- need an A, and if we want to help chil- that, which the appropriations are sent that this be entered into the dren, we need to get the bureaucracy in built upon. The point of all this is, for any presi- record. It is a brilliant report that Washington off the backs of the teach- dent or any Cabinet Secretary to sug- shows that just spending money does ers in Camden County so that they can gest that there is no savings to be not necessarily accomplish the goal of do what they know best locally. And found in a department is ludicrous at a improving teacher quality. Sometimes they are going to use good judgment. that can happen. Spending money time when they cannot even tell us sometimes can work, but what we need They do not need the bureaucracy of where the dollars that are already in are locally-elected school boards; we Washington, D.C. to stick their nose in the Department are right now. The need professionals in administrative their business. I know they are doing it books in the Department are not positions, superintendents and prin- in, Colorado; but it is just that same auditable. cipals and other supervisors who are Washington-knows-best culture, let us Mr. KINGSTON. If the gentleman capable and competent of using the spend money because the money well, will yield further, Mr. Speaker, can the dollars in a way that more effectively as the President said, ‘‘it is not their gentleman tell me this: If the IRS meets the needs and objectives of class- money.’’ I guess the President is a very came to a business and found that busi- rooms and children and fits consist- wealthy guy. But it certainly, as he ness could not be audited, and they ently within their management style says, it is not their money. I would were having a dispute over accounting at a classroom level. agree with him, it is certainly not the for tax dollars, what would the IRS do? So, Mr. Speaker, I would ask unani- Government’s money on any level; it is Mr. SCHAFFER. Depending upon the mous consent to enter that into the the taxpayers’ and the hard-earned length of time, there may be some ex- RECORD at this point. workers’ money that we are spending tensions that a business could file, but Mr. KINGSTON. Mr. Speaker, let me here, and that is why we should be very not without substantial penalty, and tell the gentleman another story from careful on how we spend it. certainly corporate embarrassment. It

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28929 is more a matter of an unacceptability funds is complicated, monotonous, bor- seniors today but for all generations. by stockholders and people who own a ing stuff for a lot of people. We cannot That is all it takes. business who would not put up with the sum up the nature of the problem by I am on the Subcommittee on Agri- management of their enterprise in such using some catchy word like 100,000 culture, Rural Development, Food and a way. teachers, like the President would sug- Drug Administration, and Related Beyond that, failure to audit books gest that we ought to do. Agencies of the Committee on Appro- in a way which can provide a clear pic- What the President ought to be doing priations, and if I eat a cheese pizza, it ture as to the tax liability will send is focusing on this problem right here, has been inspected by the Food and people to jail. So in many cases, I the financial mismanagement of a $120 Drug Administration. But if I get a think what the gentleman from Geor- billion agency that affects children pepperoni pizza, it has to be inspected gia was getting at, in many cases a every day in America. He ought to roll by the United States Department of business that had a picture like this of up his sleeves and go down there to the Agriculture. their financial statements not being Department of Education head- I eat lots of pizza because I have four auditable would be liable for substan- quarters, just like Members of Con- kids. It would appear to me that surely tial civil penalties, possibly criminal gress were willing to do just a few days we could have the same inspector penalties, and certainly be looking at ago, and start asking some hard ques- checking the pepperoni and the cheese the potential of jail time. tions to the people in charge of these pizza. I do not know if there is a dif- I point all that out, and our goal is various programs. ferent department for sardines, and not to send anybody in the Department I will tell the Members what he will knowing Washington there probably is, of Education to jail or even to fine find, which is just what we found. We but it just goes on and on and on here, them, but the point of all of this is did not find any real resentment or re- the potential savings that are resisted, that my constituents and the gentle- sistance, for that matter. We found and only in this town. man’s and the constituents of every some pretty conscientious employees In real America, every American does other Member of Congress worked hard who realized they are in deep trouble what we did yesterday. Sunday morn- today to pay their income taxes and and they have a little bit of a mess ing, Sunday mid-morning you go send them here to Washington, D.C. over there. They have committed to through Parade Magazine, you go They would prefer to see those dollars working with us as Members of Con- through the local coupons in your local spent on things that they can have gress to try to fix these problems. Piggly-Wiggly, and I guess, what does some confidence in at the local level, Again, this is the monotonous, boring, the gentleman have in Colorado, Tar- maybe for their families, maybe sav- nuts and bolts details of keeping track get? ings for their own children. of the people’s tax dollars. Mr. SCHAFFER. We have those, yes. But to have those dollars taken from When we allow ourselves to believe, Mr. KINGSTON. Target sells gro- them, sent here to Washington, D.C. as the President clearly demonstrated ceries, right? What is the gentleman’s and accounted for in such a poor way, he does, that it is not their money, it big grocery stores? is a true disservice to the American is not the taxpayers’ money, then it be- Mr. SCHAFFER. We go to taxpayer. The bottom line is, the incomes easier to rationalize a lot of Albertson’s. ability to effectively manage the finan- waste in Washington. It becomes easier Mr. KINGSTON. My mother lives in cial cash flow of a large department to rationalize rules and regulations and Louisville, and I just wanted to make like the Department of Education mandates and red tape attached to the sure. I knew it was Albertson’s. We hurts children. taxpayers’ dollars that renders those have Piggly-Wiggly. If we want to buy This picture right here to my right dollars less effective. the Special K cereal or we want to buy represents, and I know it talks about If we really believe that the money the Clusters, the kind of $3.50 a box the inability to audit the financial belongs to the White House and not to stuff, we have to have the 75 cents, the books of the Department of Education, the American people, then it is easy to 25 cents off coupons. Otherwise, we are but what is really jeopardized through start talking about the taxpayers’ going to get Piggly-Wiggly brand. this process is the ability to get dollars hard-earned dollars in terms of cam- Some of the Piggly-Wiggly brand is to children, to get dollars to the class- paign one-line gimmicks, rather than good but some just cannot quite com- room. Children are hurt when the De- doing the hard work of helping chil- pete with good old Kellogg’s Corn partment of Education is run so poorly, dren. Flakes, the best to you each morning. as we are discovering this year. That is why there is such a difference But we are not going to eat that unless Mr. KINGSTON. Children are denied of opinion in this appropriations proc- we can save a quarter or 50 cents. the good quality education, the quality ess between the Congress and the We are not unusual. We are out there education that they need. White House, between the Republicans raising kids. That is just what we do. If It is interesting that Mobil Oil Com- and the Democrats. On our side of the we get our car washed, it is because we pany cut their budget by 11 percent aisle, we are willing to do the hard bought 8 gallons worth of gas. When we this year. AT&T cut their budget by $2 work to help children, to squeeze the fill up our tank, it is when we have billion. Yet, when we go to bureauc- efficiency out of the Federal govern- found the cheapest gas station on the racies in Washington and ask them to ment so that the taxpayers are honored block, the one that is $1.07 a gallon, come up with 1 percent, they cannot by having dollars come to Washington not the one that is $1.15. I do not know find it. and help their children learn, not who buys that premium unleaded stuff To me, if I was the President and my squander the dollars in Washington as that is $1.27 a gallon. Somebody must, cabinet said that, I would say, look, though they belonged to the White but it is not people I know. People I you know what, this is not our money; House and people here in D.C., and that know do not buy suits unless they are of course, I know he thinks it is; but, somehow children do not matter. on sale. They do not buy running shoes you have got to find 1 percent. That is That is the difference between the unless they are discontinued. They do reasonable. Nobody in America cannot Republican vision to help children and not buy steak, they eat chicken. This find one cent in a dollar they spend to the Democrat vision to help govern- is what American families go through come up with savings. ment. every single day. Mr. SCHAFFER. I want to point out Mr. KINGSTON. If the gentleman If you want to go on a vacation, you again, Mr. Speaker, this is a simple will yield, again, all we are asking save up your money and the dryer picture that represents a big problem. Washington to do is to do what people breaks, or you have to buy such excit- Talking about finances and accounting back home do, come up with 1 cent on ing items as a new set of tires for your and talking about financial procedures, every dollar they spend. One cent in stationwagon. That is what America accounting procedures, and the port- savings here means savings for retire- goes through daily, not just every now folios of loan funds and grant-backed ment, for social security, not just for and then but every single day.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28930 CONGRESSIONAL RECORD—HOUSE November 8, 1999 What we are asking Washington to do lieve that the dollars they spend are ly not teachers at all, folks who are in just one time, for the sake of social se- helping children back home, but in re- classrooms who are uncertified, incapa- curity and for the sake of not having a ality this is what is coming home, just ble of teaching. They are only there be- tax increase, just find one measly little a couple of bites of the apple. The rest cause somebody in Washington dished penny on every dollar they save so that is cut up in little chunks and pieces, out the cash in large proportions and we can protect and preserve social se- and bureaucrats all over Washington, invited someone else to spend it. curity, not for the next election but for D.C. get their bellies full and they are Mr. Speaker, the children really do the next generation. comfortable with these education dol- not matter in this headline and we Mr. SCHAFFER. Mr. Speaker, I lars, but the children get a small per- think that is wrong. We want children would like to use an example. That is, centage left over. to matter all across the country and what Americans really want is to be We want to make this percentage we want to see headlines that are posi- able to send their tax dollars to a le- bigger. In fact, we want to make it as tive and talking about the great gitimate purpose, to help school- close to 100 percent as we possibly can growth and the world’s best schools. children, in this example. There is a to help children back home. That is our goal and dream for our difference between sending those dol- Mr. KINGSTON. Mr. Speaker, if the children and our country, and that is lars directly to our local school or gentleman will yield further, as I listen the goal to which we are most through the State, which the Constitu- to the gentleman I remember my days dedicated. tion clearly places States as the legiti- as a volunteer for United Way. United With that, Mr. Speaker, I thank mate jurisdiction to set up a public Way, for every dollar someone contrib- those who have joined me in this spe- school system and to manage local utes, it uses less than 10 cents for ad- cial order tonight. schools. Most States defer a tremen- ministration. Ninety cents on that dol- SMALLER CLASSES NOT AN EDUCATION PANACEA dous amount of authority to local lar goes to the victim, the social serv- school boards. There is little evidence that smaller class- ice recipient, the person in need, 90 es help students, says education expert Ches- Some of those dollars come here to cents. ter E. Finn Jr., and reducing class size may Washington, D.C. So for a taxpayer I would love to see the Washington even hurt student achievement if the new who sends his or her hard-earned edu- bureaucracy adopt the United Way teachers are mediocre. Yet President Clinton cation tax dollar to Washington, I want standard, because if we did, then I has proposed shrinking classes in the early to show the Members where those edu- think there would be enough money to grades to 18 students per teacher by hiring 100,000 more teachers at federal expense for cation tax dollars go. Because first, do everything to keep everybody satis- there is an expense associated with just seven years. fied. After reviewing the relevant research, paying the taxes, with complying with Mr. SCHAFFER. We really should. the IRS, and the Federal government economist Eric Hanuskek of the University Then there is the question of man- of Rochester concluded ‘‘there is little sys- spends a certain amount of our edu- dates. If I can use a bit of one of these tematic gain from general reduction in class cation dollar right up front just to pay apples, again, I will use the 35 percent size.’’ for the cost of collecting that edu- that goes to the classroom and start Class size has been shrinking for decades— cation dollar. That comes right out of there, as the gentleman from Pennsyl- the national average is now 22 kids per class- the education apple to begin with. room, down from more than 30 in the 1950s— Then those dollars come here to Con- vania pointed out, in reality, when we at immense cost, but with no comparable gress, and we redistribute those dol- talk about all of the dollars that end gain in achievement. lars. By the time they leave the United up in a classroom, most of those dol- In fact, the Asian countries that trounce States Department of Education and lars are State and local dollars. The the U.S. on international education assess- come through this process, the U.S. De- Federal government, through this proc- ments have vastly larger classes, often 40 or ess that I mentioned, really sends 50 per teachers. partment of Education takes its bite And in California, When Gov. Pete Wilson out of the apple, and it is a pretty sub- about 6 to 7 percent of the classroom budget, or is responsible for 6 to 7 per- shrank class sizes, veteran teachers left stantial bite out of the apple, as well. inner-city schools in droves, lured by higher Then those Federal education dollars cent of the classroom budget. Yet, for pay and easier working conditions in subur- go back to the States and are adminis- this little amount of funding in every ban schools that suddenly had openings. tered by various State bureaucrats, classroom comes the vast majority of One or two studies that suggest fewer kin- and States have to comply with more the mandates that principals and dergarten children in a classroom is linked Federal rules and regulations. They teachers and superintendents have to with modest test-score gains, says Finn; but have to hire people to accomplish that. deal with. more research is necessary before it can be So of the education dollar, the States, Again, for this little bit of money we said its efficacy has been proven. get this much rules and regulations. It Alternatively, Finn suggests the $12 billion by Federal mandate, are required to in new federal spending Clinton proposes take their portion out of the equation, makes no sense. For many administra- would be better spent to fund $4,000 scholar- as well. tors that I speak with, that is the ships for 425,000 low-income students for By the time those dollars actually greatest thing they ask for. They do seven years. Or it could be used to improve get to a child or actually get to the not even ask for more money. When it teaching by providing a $4,500 college tuition school district, the principal and the comes right down to it, they just want grant for every one of the nation’s 2.7 mil- superintendent, of course, they have to more freedom, more flexibility, more lion teachers. file reports with the Federal govern- liberty, to be able to use those dollars That would be useful. Finn points out, be- ment, as well. If they have lots of man- in a way that they see fit. cause the Department of Education reports that 36 percent of public-school teachers of dates and rules and regulations, as the b 2045 academic subjects neither majored nor gentleman from Pennsylvania earlier And that brings us back to the origi- minored in their main teaching field. pointed out, local school districts have Source: Chester D. Finn, Jr. (president, to hire people to comply with those nal point of tonight’s special order, is Thomas B. Fordham Foundation) and Mi- Federal education rules and regula- that the Republican Party here in Con- chael J. Petrilli (Hudson Institute), ‘‘The tions, also. gress desperately wants to help chil- Elixir of Class Size,’’ Weekly Standard, What we found here in Congress is by dren and reach out to school districts March 9, 1998. the time an education dollar goes and the classrooms. We want to get f through that whole process of being those dollars to the districts in a way paid by a taxpayer and going back to that allows them to spend them in the DO NOTHING CONGRESS: AN their home States, there is only about way that they see fit. But forcing UNFINISHED AGENDA 30 to 35 percent of that education dol- States to spend the money the way the The SPEAKER pro tempore. Under lar left. That is about it. White House wants will result in more the Speaker’s announced policy of Jan- People back home believe that they headlines like we see today in New uary 6, 1999, the gentleman from New are working hard and they want to be- York going to individuals who are real- Jersey (Mr. PALLONE) is recognized for

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28931 60 minutes as the designee of the mi- Republicans have the wrong agenda. ernization, to provide more money for nority leader. They do not want to adopt the Demo- open space so that communities, coun- Mr. PALLONE. Mr. Speaker, I want crats’ agenda and adopt legislation ties, States can purchase more prop- to spend some time this evening talk- that helps the American people. They erty for open space. ing about the unfinished agenda for want to adopt the wrong agenda. Mr. Speaker, I am going to go into this Congress, because it is very likely Mr. Speaker, I suppose the biggest some of these issues tonight in the that if not this week, then certainly example of that wrong agenda is the time that I have. I am not going to use very soon this Congress and this House tax cut. Over the summer the Repub- all of the time, but I am going to go of Representatives will be in recess. I lican leadership proposed and eventu- into some of the details about how the am hoping that we will be able to com- ally passed narrowly a trillion dollar Republican agenda is this ultra- plete the budget and the various appro- tax cut for special interests that bene- conservative, right wing agenda, main- priations bills that remain out there fited their wealthy corporate contribu- ly tax cuts for the rich, and how they that have not been finalized here in the tors, but not 1 cent to extend the life of have not really dealt with the average House of Representatives. But my Social Security or to modernize Medi- problems or the concerns of the Amer- point that I am trying to make tonight care with a prescription drug plan. In- ican people. is this Republican leadership, because stead of allowing debate on a plan that Let me talk a little bit about this the Republicans are in the majority in would allow seniors to buy prescription Republican tax cut, because what I find the House of Representatives and they drugs at an affordable cost, Repub- is that my colleagues on the other side do lead the House of Representatives as licans joined with the pharmaceutical of the aisle, they want to sort of forget well as the Senate, and essentially industry to belittle the need for such a that they put together this trillion dol- what we see is that the Republicans are plan under Medicare in the first place. lar tax cut primarily for the wealthy. determined to do nothing. The Republicans fought tooth and They talked about it a lot over the Mr. Speaker, they have not been able nail to derail a bipartisan Patients’ summer, but I guess they realized it to pass the appropriations bills. They Bill of Rights that would have taken did not work and the American public have not been able to essentially pass a medical decision-making away from in- did not want it, so they do not talk budget, even though the fiscal year surance company bureaucrats and re- about it much anymore. began October 1. And, if anything, turned it back to doctors and patients Just a little bit about it. It was pri- when we try to pass measures that are where it belongs. marily, overwhelmingly I should say, important to the American people such They have sat on, as I mentioned, skewed towards the wealthy and cor- as Medicare prescription drug benefits common sense gun control to please porations. It meant $46,000 extra per or HMO reform Patients’ Bill of Rights the gun lobby. More than 6 months year for the wealthiest taxpayers but or campaign finance reform or gun after the Columbine, Colorado inci- only $160 per year for the average mid- safety laws that would make a dif- dent, Republicans in Congress have dle-class family. And there were $21 ference for the American people and still blocked any progress on keeping billion in special interest tax breaks that the public is crying out for in guns out of the hands of children and for big business. most cases, what we see is that the Re- criminals by shutting the gun show The other thing, of course, is that publicans get dragged along reluc- loophole. what they do when they enact this tril- tantly to do perhaps something about Mr. Speaker, what we are seeing here lion dollar tax cut, which the President these issues, but ultimately do not do is this Republican Congress is all about wisely vetoed, is that that does not anything about it or manage somehow inaction, indifference and inertia. leave any money in the surplus that to make it so that none of this legisla- Democrats really have said over and can be used to pay down the national tion, none of this positive agenda over again we are not going to go debt. The President said that he want- pushed by the Democrats ever becomes home, we are not going into recess here ed to use the surplus that was gen- law. until we get a budget agreement that erated by the Balanced Budget Act to Mr. Speaker, I just want to give some addresses some of the outstanding pri- pay down the national debt, to shore up examples, if I can, about the problems orities for American families. I know Social Security and Medicare. that we are facing with this Republican some of the previous speakers here on Well, so much of that surplus, the leadership and with this unfinished the other side of the aisle tonight have whole thing was basically taken up by agenda. belittled the 100,000 teachers program the Republican tax cut for the wealthy What I find is that the Republican and said it is not necessary, adding that the effort to reduce the national leadership basically seems to be domi- 100,000 teachers to bring down class- debt, if that ever were passed and was nated by the far right, the ultra- room size. Well, they may belittle it, not vetoed by the President, would conservatives within the Republican but we are not going home until we simply go out the window. It also si- Party. They constantly talk about the pass it and we have the extra teachers phoned money from the President’s need for tax cuts that primarily benefit to give to the communities to reduce Medicare and Social Security program. the wealthy and the larger corpora- class size. The President proposed in his State tions. They constantly talk about the Some have even belittled the Cops on of the Union address that whatever need to get rid of government, couched the Beat program saying it gives surplus there was generated by the Bal- somehow in that there are too many money to the towns to hire extra po- anced Budget Act over the next 5 or 10 government restrictions and so the licemen, 50- to 100,000 extra policemen, years primarily would be used to shore best thing is to get rid of all the re- but they only get it a few years and up Social Security, because we know strictions and ultimately get rid of the after that they do not have the money that in maybe 20 or 30 years there will government. any more. Well, again the idea of add- not be enough money to pay for the They get dragged into somehow passing police and giving some Federal dol- people who are then seniors who reach ing sometimes, after a long period of lars back to the municipalities so they the age of 65. He also wanted to use effort on the part of the Democrats, can hire extra police or extra teachers, about 15 percent of that surplus for into passing legislation like the Pa- there is no reason why those programs Medicare in part to provide a new pre- tients’ Bill of Rights for HMO reform. cannot continue if the Republican lead- scription drug program. But then they manage when it goes to ership was willing to continue to fund I will just mention this by way of conference between the House and the them for the municipalities, help the background, because I know the Repub- Senate to muck it up so nothing ever towns reduce their property tax rate, licans do not like to remember that tax gets to the President’s desk. provide more cops and more teachers. cut. But if that tax cut had ever passed Essentially what we have is a ‘‘do And of course we also have the other and had gone primarily to the wealthy nothing Congress.’’ And it is also the initiatives, the Democratic initiative and the special interest corporations, ‘‘wrong thing Congress’’ because the to provide funding for school mod- we would not be able to pay down the

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28932 CONGRESSIONAL RECORD—HOUSE November 8, 1999 national debt which we are doing to That is what I was describing before Now, what they are basically doing some extent now, we would not be able about how we go about the conference. here is a gimmick. They put the man- to provide money for the Social Secu- ‘‘But in the real world,’’ he goes on to aged care reform bill in another bill. rity system in the future, and we would say, ‘‘in the real world of power poli- They are saying that most Republicans not be able to pay for a prescription tics, conventional procedures are some- voted for that, so that is okay. They do drug plan. times flouted. That is what happened not have to have conferees that sup- Now, I want to talk a little bit about in the House today on legislation exported the managed care reform. two of the issues that I consider very panding the rights of patients in man- Mr. Speaker, again, I only use this as important here, which are not part of aged care plans. It threatens to undo an example. I could use campaign fi- the Republican leadership agenda, the Chamber’s action on the bill. Last nance reform. I could use prescription which are part of the Democratic agen- month, by a lopsided vote of 275 to 151, drug benefits. I could use gun safety da and which the Republicans continue the House passed a bill that would give laws. The list goes on. Basically what- to try to muck up so they do not be- patients a wide range of new rights in ever positive agenda there is for the come law. One is managed care reform dealing with their health insurance American people, the Republican lead- and the other is the prescription drug companies. In July, the Senate had ership is determined that they are benefit under Medicare for seniors. passed a bill covering barely a quarter going to kill it. Interestingly enough, last week we as many patients and giving them a Now, let me just mention another saw an interesting development with much more limited set of rights.’’ issue that I consider very important regard to the managed care reform. I ‘‘The House bill was strongly sup- and that I think we are starting to see think my colleagues and most of the ported by President Clinton, and al- more and more information that tells American people know that the Demo- most all Democrats and 68 Republicans us about the problems that seniors crats along with some Republicans be- voted for it. But Republican Leaders in have trying to purchase and have cause there was definitely bipartisan the House opposed the measure, mak- enough money or insurance to provide support on this HMO reform, on a bi- ing its passage probably the most for prescription drugs. partisan basis, but not with the sup- striking rebuff to the leadership since b 2100 port of the Republican leadership but a the party won control of the Congress minority of the Republicans, we put to- in 1994.’’ Well, we are just seeing more and gether a managed care reform bill, the So the House leadership did not like more information coming out every Patients’ Bill of Rights, that passed what we call the Norwood-Dingell bill, day about how difficult this problem is named for the two chief sponsors, one the House of Representatives over- for seniors, because Medicare does not Republican, the gentleman from Geor- whelmingly about a month ago. cover prescription drugs in most cases. Well, the problem is once a bill gia (Mr. NORWOOD), and one Democrat, Interestingly enough, a report came passes here, we have to go to con- the gentleman from Michigan (Mr. DIN- out last week by Families USA called ference with the Senate and try to GELL). The House leadership did not ‘‘Hard to Swallow Rising Drug Prices like the bill. They stalled, they stalled. work out the differences between the for American Seniors.’’ I would just Finally the bill passes overwhelmingly. two Houses. We call that a conference, like to provide some of the information So what do they do? that was in the introduction or the the people who are appointed are called Going back to The New York Times. conferees. The Republican leadership summary of this report that came out ‘‘Today, these leaders,’’ Republican last week because it shows dramati- never appointed any conferees for Leaders, ‘‘used their authority to make about a month because they did not cally how seniors increasingly cannot sure the Republican conferees named afford the cost of prescription drugs want to move forward on the con- to negotiate with the Senate were on ference because they did not want a and are going without. their side and not on the side that won We all know that prescription drugs managed care reform bill to be passed the vote, a tactic that could effectively are really the best preventative meas- by both Houses and go to the President stifle any action regulating managed ure that one can take, particularly as a for a signature. care plans in this Congress.’’ They are senior, to avoid hospitalization, to But, finally, because the Democrats going to kill the bill. kept pressuring about the appointment ‘‘The chief Republican sponsor of the avoid having to go to a nursing home, of the conferees, they finally did decide measure, Representative Charlie Nor- to avoid being institutionalized. They last week that they would appoint the wood of Georgia, was denied a seat on are a preventative. If seniors cannot af- conferees. But they managed, once the conference committee. So was an- ford them, they are going to end up in again, to screw this thing up so that other leading Republican supporter, a hospital, they are going to end up in the conference either will never take Representative Greg Ganske of Iowa. a nursing home, they are not going to place or will never be effective in put- Of the 12 Republican conferees, 10 voted be able to take the preventative action ting together a bill that would go to against the managed-care bill.’’ that comes from having access to pre- the President and that would signal So what they did through a proce- scription drugs. real managed care reform. dural gimmick is the Republican lead- Well, the Families USA report, if I If my colleagues do not want to take ership made sure that if the conference can just quote, Mr. Speaker, some of my word for it, let me point out that is ever held, which it may not be, that the salient points. This is in the intro- last Thursday’s New York Times had a whatever comes out will be controlled duction, which I thought was particu- great article, a congressional memo by the people who voted against the larly significant. It says that, ‘‘For sort of a feature column by David very bill that passed overwhelmingly older Americans, the affordability of Rosenbaum, and I will quote a few sa- in the House of Representatives. prescription drugs has long been a lient passages. The title of the article ‘‘The rules of the House state:’’ and I pressing concern. Outpatient prescrip- is ‘‘Not Quite Business as Usual in am going back to the New York Times tion drug coverage is one of the last House on Managed Care.’’ This is how article, that ‘‘In appointing Members major benefits still excluded from he describes it in his article: to conference committees, the Speaker Medicare, and the elderly are the last And I quote: ‘‘Here is how the text- shall appoint no less than a majority of major insured consumer group without books say a bill becomes law: The Sen- Members who generally support the access to prescription drugs as a stand- ate passes the bill. Then the House of House position as determined by the ard benefit. It is not included in Medi- Representatives passes its own version. Speaker. Technically, Mr. Hastert fol- care. Then a conference committee is formed lowed that rule. The managed-care reg- ‘‘Although many Medicare bene- where senior senators defend their bill ulations were attached to a separate ficiaries have access to supplemental and senior representatives defend their bill, which Republicans call access leg- prescription drug coverage, too often bill, with both sides striking com- islation, that will increase coverage for that coverage is very expensive and promises to resolve their differences.’’ the uninsured.’’ very limited in scope. What is more,

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28933 such coverage is on the decline. As a and Medicare HMOs will decline. On Medicare drug benefit in order to help result, older Americans who are by far average co-payments for brand-name seniors combat this price discrimina- the greatest consumers of prescription drugs will increase by 21 percent, and tion. drugs pay a larger share of drug costs co-payments for generic drugs will in- There have been some dramatic ex- out of their own pockets than do those crease by 8 percent. amples. The Government operations, who are under 65. I do not want to continue going the House Committee on Government ‘‘Four years ago, Families USA found through this, but I think this Families Reform did a lot of analysis of price that the prices of prescription drugs USA report shows dramatically how so discrimination and basically showed commonly used by older Americans many seniors do not have any access to that, if one goes to Mexico and Canada, were rising faster than the rate of in- prescription drug coverage and they generally the same exact drugs that flation. To determine if this trend of are simply paying everything out-of- were available in those countries are steadily increasing prices for prescrip- pocket, which they cannot afford; or available for about half the cost of tion drugs has improved, remained the for those who have some sort of cov- what they are sold for here in the same, or worsened, Families USA gath- erage, the prices, the cost, the co-pay- United States. ered information on the prices of pre- ments, the deductibles, and even the Again, I do not want to go into all scription drugs most heavily used by ability to obtain coverage at all, all the details on this, Mr. Speaker, but I older Americans over the past 5 years. those factors, everything is declining. just would point out that the problem ‘‘Our analysis shows that, in each of We have to do something about it. with price discrimination exists be- the past 5 years, the prices of the 50 Well, the President has proposed cause seniors without coverage have no prescription drugs most used by older doing something about it, and the negotiating power. They do not have Americans have increased considerably Democrats have proposed doing some- the power to obtain pharmaceuticals at faster than inflation. While senior citi- thing about it. This is part of our posi- lower prices through bulk purchases zens generally live on fixed incomes tive agenda which we cannot get passed like the drug industry’s most favorite that are adjusted to keep up with the in the Republican Congress with this customers. We have to address that. rate of inflation, the cost of the pre- Republican leadership. This Republican leadership has failed scription drugs they purchase most fre- The President a long time ago, much to address it. quently has risen at approximately two earlier this year, came up with the idea I do not intend to use all the time al- times the rate of inflation over the of a Medicare prescription drug benefit. lotted to me this evening, but I just past 5 years and more than four times He wanted to establish a new voluntary wanted to spend a few more minutes the inflation over the last 2 years.’’ Medicare Part D prescription drug ben- talking about what is really happening Now, just again to show my col- efit that is as affordable and available here. Not only is this Republican lead- leagues how bad the situation is be- to all beneficiaries. ership not addressing the real issues coming for seniors, just a little more Now, I am not saying that the Presi- that need to be addressed like managed information that comes from the dis- dent’s proposal is necessarily the one care reform, like Medicare prescription cussion in this Families USA report, it we should adopt, but the Republican drugs; but they cannot even perform the basic functions of the House in says that ‘‘because Medicare does not leadership does not want to adopt any- terms of getting the budget passed. cover outpatient prescription drugs, thing. They say the problem does not They continue to break their promises many beneficiaries look elsewhere for exist or make some other excuse. that they make in trying to accom- drug coverage. About 28 percent of the But I will just give my colleagues a plish that goal. little information about the Presi- Medicare beneficiaries receive some We are now on the fourth CR, the drug coverage through employer-spon- dent’s proposal because I think it is a fourth continuing resolution. As of Oc- sored retiree plans, about 11 percent good one. He says that there would be tober 1, the new fiscal year began. The from Medicaid, about 8 percent from no deductible, and Medicare would pay new budget, the 13 appropriations bills individuals purchasing Medigap insur- for half of the beneficiary’s drug cost were supposed to be adopted by October ance, about 7 percent from Medicare from the first prescription filled each 1. They were not. Every week or so, we HMOs, and about 3 percent from public year up to $5,000 in spending. pass a new continuing resolution to sources such as the VA or State phar- He would ensure beneficiaries a price keep the Government going and not maceutical programs for the low-in- discount similar to that offered by close down for another week or so. Now come elderly,’’ something that we have many employer-sponsored plans for we are on our fourth that extends, I be- in New Jersey. each prescription purchased even after lieve, to November 10, sometime this But 35 percent of Medicare bene- the $5,000 limit is reached. week, in time for Veterans’ Day when ficiaries, 14 million people, have abso- I want to stress how important that we probably will recess. lutely no coverage for prescription is to be able to do bulk purchases and The fact that we are in such disarray, drugs. Interestingly enough, even for keep the prices down, because price and we have not been able to adopt the those 65 percent who do have access to discrimination is a huge problem right budget is bad enough; but there are two some drug coverage, what the Families now for seniors if they do not have ac- things about what has been going on USA report shows is that much of that cess to some kind of plan where the that I think need to be highlighted inadequate with high co-payments, low purchases are made in bulk. that maybe in some respects are even caps on overall drug coverage, and re- The plan that the President proposed worse. strictions on the drugs that can be pre- will cost about $24 per month begin- The two promises that basically the scribed. ning in 2002 and $44 per month when Speaker made and the Republican lead- For example, only three of the 10 fully phased in by 2008. Beneficiaries ership made earlier in this year about standardized Medigap policies sold with incomes below 135 percent of pov- the budget, both of which have been offer prescription drug coverage, two of erty would not pay premiums or cost broken, one is that the appropriations these policies require a $250 annual de- sharing. bill would stay within the Balanced ductible, charge a 50 percent co-pay- I do not want to, again, go into all Budget Act and the caps that were set ment for each drug, and have a max- the details, but I just did want to say forth pursuant to the Balanced Budget imum annual benefit of $1,250. The that, to date, once again, the Repub- Act so that we would not exceed the third, which has a much higher pre- lican leadership has failed to show even level of spending that was basically put mium, has the same high deductible the slightest understanding of the two forth and outlined over the next 5 or 10 and co-payment and has a $3,000 cap. broad underpinnings of this prescrip- years on an annual basis. There were So what we are finding is that the tion drug issue; and that is the price caps on the level of spending that were sources of prescription drug coverage discrimination that seniors face in pur- put forth for each fiscal year. for seniors are basically drying up. chasing prescription drugs and the Well, the Republican appropriation Next year the value of drug benefits need to establish a comprehensive bills have already busted the outlays

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28934 CONGRESSIONAL RECORD—HOUSE November 8, 1999 caps for fiscal year 2000 by billions of in terms of trying to keep the budget licans have already dipped into the So- dollars. I have actually an article in focused, not go into debt, create a sur- cial Security surplus so that that the Wall Street Journal that talks plus that could be used to shore up So- whole issue is really moot. But what about this. I think I will just put it up cial Security and Medicare, to pay for they say is the most important aspect here for a minute, Mr. Speaker. prescription drugs, whatever. But what and the best example of inaction here This is from Friday, October 29, Wall we see is that the caps are effectively is how we are not dealing with the Street Journal. I think people gen- dead. long-term solvency of Social Security. erally understand that the Wall Street If one looks at this article in the New There again, I go back to what the Journal tends to be Republican and York Times from last week, it says President said in his State of the Union tends to be conservative. This is an ar- that ‘‘In effect, Washington has now message earlier this year. He said, ticle there that says that, ‘‘The Con- substituted a new standard of fiscal re- look, we can take the majority of the gressional Budget Office estimates that sponsibility, the loser goal of not surplus that is being generated from the GOP exceeds spending targets by spending surplus Social Security the Balanced Budget Act over the next over $31 billion. Congressional Budget money. Only through budget games- 10 years and we can use that to shore Office estimates show that Republicans manship can either party claim to be up Social Security so the trust fund re- are more than $31 billion over their ini- meeting even that new standard this mains viable, and 20 or 30 years from tial spending targets for this year, year.’’ now, when all the baby boomers be- risking the Government having to bor- Well, just to give my colleagues an come senior citizens, or even sooner, row again from Social Security. idea of some of the thing that they there will be money there for Social ‘‘Prior appropriations bills have ex- have done to get away the caps, the ar- Security; and we can use a significant ceeded Mr. Clinton’s requests from ticle says that, ‘‘Under the law, Con- portion of the surplus also for Medicare funding everything from veterans’ gress and the administration must reso we can have a prescription drug ben- medical care and the Pentagon to the main within the caps, or the White efit. Environmental Protection Agency. House must enact the across-the-board All I would like to conclude with to- Even with the 1 percent across-the- cuts to bring spending back into line.’’ night, Mr. Speaker, is to say, please, to board cut that the Republicans touted Last year, the Republican leadership my colleagues on the other side, to the here a couple weeks ago, the Labor exploited a loophole intended to deal Republican leadership that runs this Education Health bill, which is ex- with wars or natural disasters. They House of Representatives, before we pected to be passed by the Senate on designated $20 billion in outlays as leave here, let us adopt a budget, but Monday, includes major spending in- emergency spending that is not tech- let us also make sure that we address creases over the last year. nically subject to the limits. They did some of these both short-term and ‘‘The GOP continues to work to what the same thing this year. long-term issues that need to be ad- amounts to two sets of book, this is the Appropriations committees have al- dressed. All the Democrats are saying gimmicks, one based on the CBO and most arbitrarily placed $17.5 billion in is that we are crying out for bipartisan the other on spending estimates by the discretionary spending, including spare action on Social Security to make sure Office of Management Budget. When parts for the Pentagon, financing for that we address the solvency long-term the OMB’s numbers are favorable, the 2000 census under the emergency on Medicare, to make sure we provide a House and Senate budget committees umbrella. prescription drug benefit, address cam- simply direct CBO to adjust the esti- They have also used a tactic that paign finance reform, address the gun mates accordingly.’’ Well, it goes on. compares spending estimates, this is safety issue, address the concerns with The point I am trying to make, Mr. what was in the Wall Street Journal as regard to HMOs and pass the Patients’ Speaker, is that there is absolutely no well, where they look at the CBO num- Bill of Rights. question that based on the CBO esti- bers versus the OMB numbers, and they Let us get active on an agenda. Let mates that the Republicans spending use whatever numbers they think are us not just sit back and say that this bills have busted the fiscal year 2000 appropriate to try to say that they are House of Representatives and this Con- outlays, the caps, by $30.7 billion. They not sending money. Whatever. gress should run away from everything use all kinds of gimmicks to try to jus- The point I am trying to make, Mr. and the government should basically tify that as emergencies or whatever. Speaker, is that we are here on this dismantle itself and not try to take Now, the second promise that the Re- fourth continuing resolution. It is over some action in a positive way that publicans made was that they were not a month since the budget was supposed would benefit the American people. going to dip into the Social Security to be fashioned. All we keep hearing I do not want to come here every day Trust Fund. On October 28, the Con- from the other side is that, oh, we are and see us fool around with appropria- gressional Budget Office certified that going to stay here because we do not tions bills and not pass a budget, and the GOP leadership had broken that want to dip into Social Security. The at the same time not address these program. They sent a letter to Con- reality is they have already dipped into major concerns that should be ad- gress certifying that, on the basis of Social Security about $17 billion. dressed, and that is what we are seeing CBO estimates of the 13 completed GOP The last thing I wanted to mention here every day amongst the Republican appropriation bills, the GOP bills spend tonight, and I go back to the Social Se- leadership; inaction on the budget, $17 billion of the Social Security sur- curity issue again because I know some gimmicks on the budget, no action on plus, even after their 1 percent across- of my colleagues on the Democratic the major issues that are important to the-board cut is taken into consider- side have been attacked by Republican the American people. ation. commercials, accusing them of dipping And worst of all, last week the Mr. Speaker, I just wanted to go into into Social Security when, in fact, it is Speaker again started to talk about a this a little bit, and then I will com- the Republican leadership that has major tax cut, as if the only thing that plete my presentation this evening. dipped into Social Security with their this Republican leadership could do is There was an article, I guess it was in appropriations and their spending bills to talk about another tax cut that is the New York Times last week, that to the tune of $17 billion. going to benefit primarily the wealthy talked about how these spending limits b and provide corporations with some tax that were set forth with much fanfare 2115 breaks. It is almost as if the only thing as part of the Balanced Budget Act a And there was a good article, again that the Speaker and the Republican couple years ago have just basically an editorial in The New York Times leadership can think about at any been ignored. last week, that talked about the focus given time is coming up with more tax Many of us at the time when the Bal- on this Social Security surplus and dip- cuts. anced Budget Act was passed thought ping into it. The New York Times That is not what needs to be done. this was going to be really significant pointed out, again, that the Repub- We need to address the issues that the

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28935 public is crying out for, and I hope that came a poverty jobs program rather equality. And that is a tragedy, be- we do, otherwise we will be continuing than a program to reduce the achieve- cause we know that cannot work. We to speak out on the Democratic side of ment gap between advantaged and dis- know that they have to have the flexi- the aisle every night to demand action advantaged youngsters. And, in fact, bility to use some of the funds to prop- on these important issues that the unfortunately, we even have examples erly prepare the teachers that they American people want to see attended of where the opposite happened; that have. This city would not have 50 per- to. the gap even widened. cent uncertified teachers. They do not f That is why it is so difficult for me do that because they want that to hap- now to watch us make the same mis- pen, they do it because they do not THE BUDGET take with the 100,000 teacher idea that have qualified teachers and they can- The SPEAKER pro tempore (Mr. is presented by the administration. I not get certified teachers. SIMPSON). Under the Speaker’s an- am not certain that my colleagues re- And, of course, just being certified nounced policy of January 6, 1999, the alize that in the first group where the does not mean they are qualified. How- gentleman from Connecticut (Mr. contracts were let, it is somewhere be- ever, what it does mean is that the SHAYS) is recognized for 60 minutes. tween 21,000 and 29,000 new teachers, we State of New York has said that the Mr. SHAYS. Mr. Speaker, this is the cannot quite find out exactly how minimal requirement they should have first time I think all year I have taken many it is, but there was no account- before they go before a class as a teach- a special order. I have done a number ability whatsoever. The only require- er is what the State has outlined. in past years, but I am very grateful to ment was a reduction of class size. These 50 percent do not have those have the time to do this. Well, everybody knows that if a par- minimal qualifications. Before I discuss the budget, which I ent has an opportunity to have their So I would hope, and again this is a intend to talk about in my special child in a classroom with a quality budget issue, this is an appropriations order, I would just make the comment teacher with 28 students, or they have issue, but, gee, let us do something that quite often the criticism on the an opportunity to have their child in a about closing that gap between the ad- other side of the aisle is that we spend classroom with 18 students with medi- vantaged and the disadvantaged. Let us too much or we are not spending ocrity leading that class, parents are not just give lip service to the fact that enough. And it is really important, I going to choose the quality teacher. if somehow or other we reduce class think, for the other side of the aisle to But every one of those grants that size all of that will happen. decide on one of their arguments and went out, nothing was asked in return The most important person in a then we can have an honest debate in relationship to we will improve the child’s life is, first, the parent; second, about it. We want an across-the-board 1 academic achievement of all of these is a quality teacher; and, third, and we percent cut, and yet we are hearing on students, the most needy students, the do this in Even Start, those who are the other side of the aisle that we most disadvantaged students. They parents that are not able to prepare should not make that reduction; yet we just had to reduce class size. their child for a good learning experi- are also hearing that we are spending So we came to the floor of the House ence by the time they reach first grade too much. and, with a bipartisan effort, passed we also say we need to help make sure Before I talk about my budget, we the Teacher Empowerment Act. And in that that parent is the child’s first and have the chairman of the Committee that act we said the first responsi- most important teacher. on Education and the Workforce, the bility, the major responsibility, is to So as we go through this budget de- gentleman from Pennsylvania (Mr. reduce class size, but do not do it un- bate, as we go through this debate in GOODLING), really the most informed less a qualified teacher can be put in relationship to appropriations, I hope and most dedicated person on the issue that classroom; and do not do it if that we will think about children, and of education, and I would like to give there is no classroom to put the new I hope that we will realize that the pro- him an opportunity to make some com- teacher in. As a matter of fact, if it grams have not worked. And all the ments on what we are doing in edu- must be used, use it to improve the auditors have ever done is say the cation. quality of the teachers presently in the money went to the right place, but Mr. GOODLING. Mr. Speaker, I system. they never said we accomplished any- thank the gentleman for yielding to And today the headline in the New thing to change that achievement gap. me. York Daily News is ‘‘Not Fit to Teach So again I appeal to the administra- One of the most frustrating experi- Your Kid. In some city schools 50 per- tion. Let us talk in terms of how we ences I have had in my entire career in cent of teachers are uncertified.’’ And make sure that every teacher in that the Congress of the United States is to all we are doing is adding to that lack classroom is a qualified teacher so see us, and in very well meaning ef- of certified, lack of qualified teachers every child has a chance to succeed. forts, budget billions of dollars and in the classroom by merely saying take And I thank the gentleman for yielding then appropriate billions of dollars to this money, reduce class size, it does to me. try to reduce the gap between the ad- not matter who it is that is teaching in Mr. SHAYS. It has been my pleasure. vantaged and the disadvantaged stu- that classroom. Mr. Speaker, when I was elected in dents in this country and to sit there Now, I would imagine that of this 50 1987, I had had 12 years, actually 13 and realize that no matter how well percent there are probably 25 percent years experience in the State House in meaning the attempt was, in many in- of those people who could become very Connecticut, where I was the ranking stances it was wrong from day one. excellent teachers in a very difficult member of both the appropriations We know that, and knew from the situation if they could divert money to committee and the finance committee. very beginning, that the manner in properly prepare and train them to And it amazed me as a member in the which we were trying to deal with Head teach. One of the requirements the State House how Members in Congress Start was not going to give the young- State says is that we will require that, could ignore the requirement to get sters a head start. We knew very well for instance, a high school teacher has our country’s financial house in order. that it became a poverty jobs program to be certified to teach the subject On the State level we simply had to instead of a program to make sure that they are teaching. Big deal. I would stay within a budget, we had to stay disadvantaged youngsters and poor hope so. I would hope a math teacher within the flow of funds that presented youngsters had an opportunity to be- or a science teacher is certified and themselves in terms of revenue. come reading ready before they went qualified and knows how to teach math We are in an extraordinarily inter- into a failing 1st grade experience. and knows how to teach science. esting time because we have seen a lot We did the same thing with Title I, But all we do with the 100,000 teach- happen since 1987 when I was first more than $120 billion. Again, we real- ers is say they must reduce class size. elected. When I was first elected, I ized in many instances that that be- It does not matter where there is in- joined forces with my colleague, the

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gentleman from Ohio (Mr. KASICH), who money going out than coming into the you can see that it has gotten back to really led the fight as a minority mem- Federal Government. its all-time high of 20.7 percent, and we ber at the time, who started to present When we made the estimates in 1995, anticipate that it is going to continue ways to slow the growth of what we we were still looking at deficits, the to grow and grow. The question is, call mandatory spending, which are middle red line, as far as the eye could what is going to happen to that rev- what others refer to as entitlements see, not above the line in which we enue? and to actually cut what government have more revenue coming in than Now, another chart that illustrates spends. going out. Even in our estimates in our concern with taxes are the fact When we look at our Federal budget, 1997, just before we adopted the bal- that in 1947, if you took all of the Fed- only one-third is what we vote on each anced budget agreement, we were look- eral, State and local tax revenues, it and every year. Over 50 percent are acing at deficits of $108 billion, $124 bil- accounted for 21.7 percent of our gross tually on automatic pilot, unless we lion, $120 billion, $147 billion, ad infi- domestic product. But our Federal, change the requirements. If a program nitum. Only deficits. We passed an his- State and local revenues now con- fits the title, they get the money, toric budget agreement in which we stitute 31.2 percent. Again, our concern whether it is Medicaid, Medicare, So- slowed the growth of entitlements and is with the increase in revenue that is cial Security is a retirement system, we cut government spending. From coming to both the Federal, State and but if an individual puts into the fund, that, we started to see a significant local government, what is to happen to they are entitled to certain benefits, change. that revenue? Are we going to spend it and there are other entitlements as This second budget chart just shows and make all three governments larger well. So we have about one-third of the you the change in revenue estimates and larger and larger? Or are we going budget that we actually vote on and based on October 1999 and January 1999. to look to return some of that revenue two-thirds we are just on automatic The blue line was the estimate in Janu- back to the taxpayers who are paying pilot. ary 1999. Even then, just within a year, that? And everyone seemed content to we are seeing a significant increase in The next chart that I want to show is allow that to happen. Part of that the amount that we anticipate, just a chart that illustrates Congressional automatic pilot was interest on the na- over a change of 10 months. Revenues Budget Office estimates since 1992 to tional debt, which is almost 14 percent are coming in at a much greater rate. the year 2009 of the total amount of re- of our overall budget. They are coming in for a number of ceipts coming in with the total amount reasons. First and foremost, we have of outlays, the money going out. The b 2130 an extraordinarily well educated key point is the year 1998, in which for It was interesting as Congress pre- populus that compete with anyone in the first time since 1968 that we had 1987 had adopted Gramm-Rudman. the world. The cold war is over and ad- more revenue coming in than going That was a program that was adopted mittedly the world is a more dangerous out. Now, since 1960, the Federal Gov- before I was elected. The interesting place but we are able to focus more ernment has been spending Social Se- thing about Gramm-Rudman, it basi- now on economic competition with our curity reserves. It has been spending it cally said you had to stay within cer- trading allies and we are finding that on mandatory spending and it has been tain budget caps, except it only was on we are quite able to compete. And so spending it on the appropriations ex- that one-third of the budget. And so revenues are coming in at a much penditures that we have, the 13 budg- what Members started to do is they greater rate because of that. But it is ets. We have been taking since 1960 So- could not stay within the budget caps also coming in because Congress in par- cial Security money and spending it. of what we vote on in defense and non- ticular, and this new Republican ma- Basically it is being used to disguise defense budgets, the 13 budgets that we jority, quite frankly, put the emphasis the overall debt of our country. work on, so what they did is they start- on getting our country’s financial But the first thing we had to deal ed to put things into the entitlements house in order. We started to reduce with before we even dealt with that and make the automatic pilot grow our deficits, which started to reduce was to just make sure that we had an even faster and faster. the interest payments that we have to economist’s view of a balanced budget, I would like to go through certain make, which started to help contribute which was more money coming into budget charts and I would like to to lowering interest rates in general the Federal Government than going thank my own staff member, Peter and helping to increase the employ- out. Not only were we spending Social Carson, who is my AA, or what we refer ment rate and decrease the unemploy- Security money but even with the So- to as an AA is really your chief of staff ment rate. cial Security money, we were still and serves with me on the Committee This next chart illustrates why this spending more than was coming in. on the Budget as well as Dick Magee Republican majority is concerned So our first objective in the balanced who is on the Committee on the Budget about taxes. Revenues are coming in at budget agreement of 1997 was to reach as a staff member and who helped me an extraordinary rate. People have be- that point, that point in which receipts prepare these charts. I would like to go come quite successful, our businesses started to overtake outlays. We had a through 10 charts and describe what are able to compete with the best in 5-year plan to do it. We passed it in has happened since 1992 and what we the world, and we are seeing a lot of 1997 and we anticipated by the year 2002 project out to the year 2009. small businesses that are generating that we would finally reach that point What is interesting to me is that awesome economic activity and even in which revenues would exceed our when I was elected early on in 1987, we our large businesses have become much outlays or our expenditures. But it were looking at deficits as far as the more efficient and they are able to happened in the first year of the bal- eye could see. But just before you had produce more at a cheaper cost and anced budget agreement. In other a new Republican majority, the esti- able to pass on some of that cost sav- words, revenues came in at a faster mates for what that deficit would be ings to consumers and also able to rate than even we anticipated. Again, I are shown in the lower red line on this make a profit and to pay their employ- raise the question, what is to happen to chart to my right. We were looking at ees more who in turn can buy more those revenues? Do we spend them? Do deficits in the estimate in 1992 of $291 goods. But what is of concern to us is we pay down debt with them? Or do we billion, then going to $310 billion, $291 in 1945, just at the end of World War II, return them to the American people by billion, but by the year 1999, the year we had the gross domestic product, rev- cutting taxes? we just concluded, we were looking at enues constituted 20.4 percent of all of This chart is really one of the ones I deficits of $404 billion. And in the budg- the gross domestic product of our coun- find most interesting, at least in trying et we are in the process of adopting, try, 20.4 percent were coming into the to explain why in the world would this deficits of $455 billion, just in that one coffers of the Federal Government. In Congress want to cut taxes and why by year. In other words, $455 billion more 1950, that went down to 14 percent. But such a large amount of money. The

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28937 Congressional Budget Office antici- money that we want to reserve for So- way to pay for it; one could not have a pated, and so did the Office of Manage- cial Security. The interesting thing is tax cut unless one found another way ment and Budget of the President, that that the budget that we just concluded, to pay for it. in the next 10 years, we would have $3 we came so close for the first time in Now, our problem was not the same trillion more money coming in to the not spending Social Security reserves. in 1990 because we still had a deficit. Federal Government than going out. In fact, the Congressional Budget Of- We want a tax cut because we now have Both OMB, the Office of Management fice determined that we actually had a surpluses. and Budget, and CBO, the Congres- true surplus of $1 billion. But the Office But this is my concern. And one will sional Budget Office, both of them of Management and Budget, the office notice that there is a sharp increase in agreed that of that $3 trillion, $2 tril- out of the White House, decided that what happened in the budget of 1999, lion was Social Security money, and $1 they would hold $2 billion more in re- the one that just concluded. And that trillion was true surplus. In other serves, and by doing that, they are say- sharp increase occurred because a year words, no longer having to spend that ing we are still spending $1 billion of ago at this time, the President of the Social Security money since 1960, even the Social Security surplus. They de- United States, just before the congres- then we would still have a surplus over termined that by simply deciding to sional elections, decided that he would the next 10 years of $1 trillion, or al- hold on to $2 billion more in reserves. not agree to a budget unless we spent most $1 trillion. Admittedly, in the But whatever number you are using, more. And sadly, too many on both first year, it would be $147 billion, in whether we use the Congressional sides of the aisle concurred with the the year 2000, rather, $147 billion of So- Budget Office that said we have truly President and agreed to spend more. cial Security reserves that we would for the first time since 1960 not spent We have never been within the budget have and not spend, and then $14 bil- Social Security, or even using the caps because Congress has declared lion that was a true tax overcharge, in President’s number of only spending $1 emergencies and Congress has done other words, more money coming in. billion of it, in other words, even using other approaches that have enabled us What is to happen to that $14 billion? the President’s office, we have had a to go over the budget caps. What is to happen to the $38 billion in surplus of $123 billion, a true surplus of My big concern is this number right the year 2001? What is to happen to the $123 billion. Actually, I want to say it here and the trend line. Now, this is $28 billion in the year 2002? These are differently. We have had a Social Secu- where we will be in this new budget excess moneys, what I call a tax over- rity surplus of $124 billion, and a uni- agreement; and the question is, will we charge. We are taxing people more than fied surplus of $123 billion. The White then go down and actually cut spend- we are actually going to spend. And House says we are still spending $1 bil- ing, or will it continue to rise? The one then in the year 2005, $92 billion. And in lion of Social Security money but the value to the budget caps have been the year 2006, $129 billion. And then Congressional Budget Office says we that there has been some uniformity at 2007, $146 billion; 2008, $157 billion; 2009, have spent not $1 billion but actually least staying close to them. But sadly, $178 billion. What is to happen to that? have saved $1 billion. a year ago, when the President de- That amount of money that I have Why would we want a tax cut? And manded more spending, he got it. So mentioned is marked in red. It was our how would we compare with the Presi- why would I want a tax cut and why view that most of it should be a tax dent? When the President presented his would other Members want a tax cut? cut, we should return it back to the budget the beginning of this year, he Because if the money is left on the American people. did not want a tax cut. He wanted a tax table, it is going to be spent. The sad Now, if I was a dictator, not even increase. point is that it is already being spent. President, but if I was a dictator, what All the money that we had reserved for b 2145 would I want to have happen? I would a tax cut in our $800 billion tax cut want to take all of this tax overcharge He actually wanted a net tax in- that we sent the President and he ve- and I would want to pay down debt. crease of $52 billion and, over 10 years, toed is now being spent. It is not there That would be my first choice. But I it would be $96 billion. So one can for a tax cut. happen to believe that if it is left on imagine our concern when we start see- Let me just show one last chart. This the table, it is going to get spent. In ing more surplus coming in, we are is a good news story, for the most part. fact, the sad part of the story is that is looking in 10 years of a true surplus of It basically is showing what is hap- actually what is starting to happen, be- $1 trillion; and the President, instead pening to our national debt. Our na- cause the President vetoed our tax cut. of wanting to return that to the Amer- tional debt is starting to level off and So you had $3 trillion, $2 trillion of it ican people still wants to spend $52 bil- it is starting to level off because we is truly for Social Security. What did lion over 10 years, have a tax increase have surpluses, and it is starting to we do? We took all of this money in of $52 billion over 5 years and $96 bil- level off because we are going to use this area here, the Social Security sur- lion over 10 years. He wants a tax in- the Social Security surpluses and pay plus, and we took that money and we crease; we wanted a tax cut. down public debt. Our debt to the trust did not spend it, we paid down debt Now, our tax cut over 10 years, ad- funds continues to rise, but our debt, with it. We reduced the debt of the mittedly, would be $792 billion, about our public debt is going to fall and con- United States owed to the American 80 percent of the protected surplus. tinue to fall because we are using the people and to businesses and to foreign Over 5 years, it would have been $156 money from the trust funds to now at interests that have helped fund our billion. The reason we want that tax least pay off debt until we can reform debt and we just started to pay down cut is, if we do not have a tax cut, it Social Security. those obligations. That is what we will be spent. It will be spent because I have a number of concerns about want to do, $2 trillion of it. It was this Congress, even some of my colleagues where we are at this point. The good $1 trillion that we debated. on my own side of the aisle have pro- news is that 10 years ago we had ex- Now, our Republican majority de- grams they want to spend money on, traordinarily large deficits and when cided that we would provide a tax cut and if it is left on the table, it will be we looked at our estimates, those defi- of almost $800 billion, which is about 80 spent. cits were high then and they were look- percent of the total amount of what we Why do I know it will be spent? Be- ing to be even larger. We elected a new call the true surplus. cause it has been in the past. We have Republican majority. And I say new I will illustrate it in another chart. had a budget agreement in 1997 where Republican majority because this was This chart again illustrates the total we had budget caps, but even before the the first Congress that wanted to look amount of surplus, and in red is the agreement in 1997, we had the pay-go at entitlements and slow their growth amount for a possible tax cut. That is agreement with President Bush that and wanted to cut some spending. And what is available. That is what is the said that one could not increase an en- the end result has been that we have true surplus. This part here is the titlement unless one found another seen actual surpluses take place.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 28938 CONGRESSIONAL RECORD—HOUSE November 8, 1999 My concern is that we not begin to Accordingly (at 9 o’clock and 54 min- REPORT ON RESOLUTION PRO- designate too much emergency spend- utes p.m.), the House stood in recess VIDING FOR CONSIDERATION OF ing that again allows us to go over the subject to the call of the Chair. H.R. 3073, FATHERS COUNT ACT caps, that we do not have too many ad- OF 1999 f vanced appropriations that begin to ap- Ms. PRYCE of Ohio, from the Com- propriate money; the Committee on b 2318 mittee on Rules, submitted a privi- Appropriations appropriates money, leged report (Rept. No. 106–463) on the but not spend out over 13 months in- AFTER RECESS resolution (H. Res. 367) providing for stead of 12, and that we do not do other The recess having expired, the House consideration of the bill (H.R. 3073) to items that ultimately make our efforts was called to order by the Speaker pro amend part A of title IV of the Social to balance the budget next year more tempore (Mr. DREIER) at 11 o’clock and Security Act to provide for grants for and more difficult. 18 minutes p.m. projects designed to promote respon- The bottom line, we are getting our sible fatherhood, and for other pur- country’s financial house in order. We f poses, which was referred to the House are seeing an economy that is thriving; Calendar and ordered to be printed. we are seeing more and more revenue WAIVING POINTS OF ORDER f come into the Federal Government, AGAINST H.R. 1555, INTEL- and what the American people are LIGENCE AUTHORIZATION ACT, LEAVE OF ABSENCE going to have to decide is what do we 2000 By unanimous consent, leave of ab- do with those surplus monies. Ms. PRYCE of Ohio, from the Com- sence was granted to: My hope, my prayer, and my votes mittee on Rules, submitted a privi- Mr. REYES (at the request of Mr. GEP- are going to be to pay down the na- leged report (Rept. No. 106–460) on the HARDT) for November 5 on account of tional debt. But if that is not going to resolution (H. Res. 364) waiving points official business. happen, then it must be returned to the of order against the bill (H.R. 1555) to Mr. OWENS (at the request of Mr. American people in tax cuts, because if authorize appropriations for fiscal year GEPHARDT) for today on account of offi- it is not returned to the American peo- 2000 for intelligence and intelligence- cial business. ple in tax cuts, then it will be spent as related activities of the United States Ms. CARSON (at the request of Mr. we are seeing happen right now. Government, the Community Manage- GEPHARDT) for today on account of offi- What I would like to place ultimately ment Account, and the Central Intel- cial business. the greatest emphasis on is we have ligence Agency Retirement and Dis- Mr. MENENDEZ (at the request of Mr. been using Social Security funds since ability System, and for other purposes, GEPHARDT) for today on account of per- 1960, and we came so close this past which was referred to the House Cal- sonal business. year in not spending any Social Secu- endar and ordered to be printed. Mr. PASCRELL (at the request of Mr. rity money, according to the Congres- GEPHARDT) for today on account of per- sional Budget Office, we have not ac- f sonal business. cording to the President, given the fact Ms. KILPATRICK (at the request of Mr. REPORT ON RESOLUTION PRO- he took $2 billion out in reserves, and GEPHARDT) for today on account of offi- we have spent $1 billion of it. But next VIDING FOR CONSIDERATION OF cial business. year, we intend to spend no Social Se- HOUSE JOINT RESOLUTION 76, Mrs. CHENOWETH-HAGE (at the re- curity money. We are going to use all WAIVING CERTAIN ENROLLMENT quest of Mr. ARMEY) for today on ac- of that to pay down the public debt. It REQUIREMENTS FOR THE RE- count of illness. is not going to be used to pay for pro- MAINDER OF THE 106TH CON- Mr. THOMAS (at the request of Mr. grams. We are going to ultimately re- GRESS ARMEY) for today on account of per- duce our total debt. Ms. PRYCE of Ohio, from the Com- sonal reasons. The question is, what happens to that mittee on Rules, submitted a privi- f true surplus, above and beyond Social leged report (Rept. No. 106–461) on the Security? Will it pay down public debt? resolution (H. Res. 365) providing for SPECIAL ORDERS GRANTED Will it be returned to the American consideration of the joint resolution By unanimous consent, permission to people in tax cuts, or will it be spent? (H.J. Res. 76) waiving certain enroll- address the House, following the legis- And sadly, while we are in next year’s ment requirements for the remainder lative program and any special orders budget not going to be paying, using of the first session of the One Hundred heretofore entered, was granted to: Social Security money to balance our Sixth Congress with respect to any bill (The following Members (at the re- budget, we are not going to be using or joint resolution making general ap- quest of Ms. DELAURO) to revise and ex- that money, I am afraid that the propriations or continuing appropria- tend their remarks and include extra- money that we had reserved for taxes tions for fiscal year 2000, which was re- neous material:) is now being spent, and it is being ferred to the House Calendar and or- Mr. REYES, for 5 minutes, today. spent frankly, in large measure, be- dered to be printed. Mr. LIPINSKI, for 5 minutes, today. cause my colleagues on the other side Mr. POMEROY, for 5 minutes, today. f of the aisle are critical with our efforts Mr. KIND, for 5 minutes, today. to cut spending, even though they say Mr. MINGE, for 5 minutes, today. REPORT ON RESOLUTION PRO- we are spending too much in certain (The following Members (at the re- VIDING FOR CONSIDERATION OF areas, they have opposed any efforts to quest of Mr. EHLERS) to revise and ex- H.R. 1714, ELECTRONIC SIGNA- try to cut spending or slow the growth tend their remarks and include extra- TURES IN GLOBAL AND NA- in spending. neous material:) TIONAL COMMERCE ACT Mr. Speaker, if we cannot cut spend- Mr. OXLEY, for 5 minutes, today. ing, if we cannot control the growth in Ms. PRYCE of Ohio, from the Com- Mr. BURTON of Indiana, for 5 minutes, government spending, there will be no mittee on Rules, submitted a privi- today. money for tax cuts. It will all be spent. leged report (Rept. No. 106–462) on the Mr. RYAN of Wisconsin, for 5 minutes, f resolution (H. Res. 366) providing for November 9. consideration of the bill (H.R. 1714) to Mr. PAUL, for 5 minutes, today. RECESS facilitate the use of electronic records Mr. EHLERS, for 5 minutes, November The SPEAKER pro tempore (Mr. and signatures in interstate or foreign 9. SIMPSON). Pursuant to clause 12 of rule commerce, which was referred to the Mr. KINGSTON, for 5 minutes, today. I, the Chair declares the House in re- House Calendar and ordered to be Mr. SMITH of Michigan, for 5 minutes, cess subject to the call of the Chair. printed. November 9.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.001 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28939 SENATE BILLS REFERRED ADJOURNMENT copy of D.C. ACT 13–147, ‘‘Separation Pay Adjustment Amendment Act of 1999’’ re- Bills of the Senate of the following Ms. PRYCE of Ohio. Mr. Speaker, I ceived November 2, 1999, pursuant to D.C. titles were taken from the Speaker’s move that the House do now adjourn. Code section 1—233(c)(1); to the Committee table and, under the rule, referred as The motion was agreed to; accord- on Government Reform. follows: ingly (at 11 o’clock and 20 minutes 5234. A letter from the Chairman, Council S. 1346. An act to ensure the independence p.m.), under its previous order, the of the District of Columbia, transmitting a and nonpartisan operation of the Office of House adjourned until tomorrow, Tues- copy of D.C. ACT 13–146, ‘‘Josephine Butler Advocacy of the Small Business Administra- day, November 9, 1999, at 9 a.m., for Parks Center Property Tax Relief Act of tion; to the Committee on Small Business. morning hour debates. 1999’’ received November 2, 1999, pursuant to S. 1418. An act to provide for the holding of D.C. Code section 1—233(c)(1); to the Com- f court at Natchez, Mississippi, in the same mittee on Government Reform. manner as court is held at Vicksburg, Mis- EXECUTIVE COMMUNICATIONS, 5235. A letter from the Chairman, Council sissippi, and for other purposes; to the Com- ETC. of the District of Columbia, transmitting a mittee on the Judiciary. copy of D.C. ACT 13–154, ‘‘District of Colum- S. 1769. An act to continue the reporting Under clause 8 of rule XII, executive bia Board of Real Property Assessments and requirements of section 2519 of title 18, communications were taken from the Appeals Membership Simplification Act of United States Code, beyond December 21, Speaker’s table and referred as follows: 1999’’ received November 2, 1999, pursuant to 1999, and for other purposes; to the Com- 5225. A communication from the President D.C. Code section 1—233(c)(1); to the Com- mittee on the Judiciary. of the United States, transmitting a request mittee on Government Reform. f for supplemental appropriations language to 5236. A letter from the Chairman, Council of the District of Columbia, transmitting a ENROLLED BILL AND JOINT help in addressing the urgent needs of the mid-Atlantic States in the wake of Hurri- copy of D.C. ACT 13–155, ‘‘Adoption and Safe RESOLUTION SIGNED cane Floyd; (H. Doc. No. 106—155); to the Families Temporary Amendment Act of Mr. THOMAS, from the Committee Committee on Appropriations and ordered to 1999’’ received November 2, 1999, pursuant to on House Administration, reported be printed. D.C. Code section 1—233(c)(1); to the Com- 5226. A letter from the Director, Regula- mittee on Government Reform. that that committee had examined and 5237. A letter from the Chairman, Council found truly enrolled a bill and a joint tions Policy and Management Staff, FDA, Department of Health and Human Services, of the District of Columbia, transmitting a resolution of the House of the following transmitting the Department’s final rule— copy of D.C. ACT 13–163, ‘‘Temporary Real titles, which were thereupon signed by Listing of Color Additives for Coloring Property Tax Exemption for the Phillips Col- the Speaker: Meniscal Tacks; D&C Violet No. 2; Confirma- lection Temporary Act of 1999’’ received No- H.R. 3122. An act to permit the enrollment tion of Effective Date [Docket No. 98C–0158] vember 2, 1999, pursuant to D.C. Code section in the House of Representatives child Care received November 4, 1999, pursuant to 5 1—233(c)(1); to the Committee on Govern- Center of children of Federal employees who U.S.C. 801(a)(1)(A); to the Committee on ment Reform. are not employees of the legislative branch. Commerce. 5238. A letter from the Chairman, Council H.J. Res. 54. Joint resolution granting the 5227. A letter from the Director, Regula- of the District of Columbia, transmitting a consent of Congress to the Missouri-Ne- tions Policy and Management Staff, FDA, copy of D.C. ACT 13–157, ‘‘University of the braska Boundary Compact. Department of Health and Human Services, District of Columbia Board of Trustees Resi- dency Requirement Temporary Amendment f transmitting the Department’s final rule— Indirect Food Additives: Polymers [Docket Act of 1999’’ received November 2, 1999, pur- SENATE ENROLLED BILLS SIGNED No. 99F–0345] received November 4, 1999, pursuant to D.C. Code section 1—233(c)(1); to the The Speaker announced his signature suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. 5239. A letter from the Chairman, Council to enrolled bills of the Senate of the mittee on Commerce. 5228. A letter from the Director, Office of of the District of Columbia, transmitting a following titles: Congressional Affairs, Nuclear Regulatory copy of D.C. Act 13–161, ‘‘Lateral Appoint- S. 468. An act to improve the effectiveness Commission, transmitting the Commission’s ment of Law Enforcement Officers Tem- and performance of Federal financial assist- final rule—Revision of the NRC Enforcement porary Amendment Act of 1999’’ received No- ance programs simplify Federal financial as- Policy [NUREG–1600] received November 4, vember 2, 1999, pursuant to D.C. Code section sistance application and reporting require- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1—233(c)(1); to the Committee on Govern- ments, and improve the delivery of services Committee on Commerce. ment Reform. to the public. 5229. A letter from the Assistant Secretary 5240. A letter from the Chairman, Council S. 900. An act to enhance competition in for Legislative Affairs, Department of State, of the District of Columbia, transmitting a the financial services industry by providing transmitting certification of a proposed li- copy of D.C. ACT 13–156, ‘‘Child Support and a prudential framework for the affiliation of cense for the export of major defense equip- Welfare Reform Compliance Temporary banks, securities firms, insurance compa- ment sold under a contract to the Republic Amendment Act of 1999’’ received November nies, and other financial service providers, of Croatia [Transmittal No. DTC 132–99], pur- 2, 1999, pursuant to D.C. Code section 1— and for other purposes. suant to 22 U.S.C. 2776(c); to the Committee 233(c)(1); to the Committee on Government f on International Relations. Reform. 5230. A letter from the Assistant Secretary 5241. A letter from the Chairman, Council BILLS PRESENTED TO THE for Legislative Affairs, Department of State, of the District of Columbia, transmitting a PRESIDENT transmitting certification of a proposed li- copy of D.C. ACT 13–162, ‘‘Sex Offender Reg- Mr. THOMAS, from the Committee cense for the export of defense articles or de- istration Temporary Act of 1999’’ received on House Administration, reported fense services sold commercially under a November 2, 1999, pursuant to D.C. Code section 1—233(c)(1); to the Committee on Gov- that that committee did on the fol- contract to Greece [Transmittal No. DTC 146–99], pursuant to 22 U.S.C. 2776(c); to the ernment Reform. lowing dates present to the President, Committee on International Relations. 5242. A letter from the Administrator, En- for his approval, bills of the House of 5231. A letter from the Chairman, Council vironmental Protection Agency, transmit- the following titles: of the District of Columbia, transmitting a ting a copy of the ‘‘EPA’s Inventory of Com- On November 3, 1999: copy of D.C. ACT 13–149, ‘‘Annuitants’ Health mercial Activities’’; to the Committee on H.R. 441. To amend the Immigration and and Life Insurance Employer Contribution Government Reform. Nationality Act with respect to the require- Amendment Act of 1999’’ received November 5243. A letter from the Deputy Assistant ments for the admission of nonimmigrant 2, 1999, pursuant to D.C. Code section 1— Administrator for Fisheries, National Ma- nurses who will practice in health profes- 233(c)(1); to the Committee on Government rine Fisheries Service, National Oceanic and sional shortage areas. Reform. Atmospheric Administration, transmitting H.R. 974. To establish a program to afford 5232. A letter from the Chairman, Council the Administration’s final rule—Fisheries of high school graduates from the District of of the District of Columbia, transmitting a the Caribbean, Gulf of Mexico, and South At- Columbia the benefits of in-State tuition at copy of D.C. ACT 13–148, ‘‘Mt. Gilead Baptist lantic; Technical Amendment [Docket No. State colleges and universities outside the Church Equitable Real Property Tax Relief 990924262–9262–01; I.D. 091699A] received No- District of Columbia, and for other purposes. Act of 1999’’ received November 2, 1999, pur- vember 4, 1999, pursuant to 5 U.S.C. On November 5, 1999: suant to D.C. Code section 1—233(c)(1); to the 801(a)(1)(A); to the Committee on Resources. H.R. 609. to amend the Export Apple and Committee on Government Reform. 5244. A letter from the Deputy Assistant Pear Act to limit the applicability of the Act 5233. A letter from the Chairman, Council Administration for Fisheries, National Ma- to apples. of the District of Columbia, transmitting a rine Fisheries Service, National Oceanic and

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Atmospheric Administration, transmitting general appropriations or continuing appro- MEEK of Florida, Ms. BROWN of Flor- the Administration’s final rule—Fisheries of priations for fiscal year 2000 (Rept. 106–461). ida, Ms. EDDIE BERNICE JOHNSON of the Caribbean, Gulf of Mexico, and South At- Referred to the House Calendar. Texas, Mr. CLYBURN, Mr. MEEKS of lantic; Fishery Management Plans of the Mr. DRIER: Committee on Rules. House New York, and Mr. GEORGE MILLER of South Atlantic Region (FMPs); Addition to Resolution 366. Resolution providing for con- California): Framework Provisions [Docket No. sideration of the bill (H.R. 1714) to facilitate H.R. 3247. A bill to amend the Internal Rev- 990506122–9284–02; I.D. 020899A] (RIN: 0648– the use of electronic records and signatures enue Code of 1986 to increase job creation AL42) received November 4, 1999, pursuant to in interstate or foreign commerce (Rept. 106– and small business expansion and formation 5 U.S.C. 801(a)(1)(A); to the Committee on 462). Referred to the House Calendar. in economically distressed United States in- Resources. Ms. PRYCE of Ohio: Committee on Rules. sular areas; to the Committee on Ways and 5245. A letter from the Acting General House Resolution 367. Resolution providing Means. Counsel, Executive Office for Immigration for consideration of the bill (H.R. 3073) to By Mr. COBURN (for himself and Mr. Review, Department of Justice, transmitting amend part A of title IV of the Social Secu- SMITH of New Jersey): the Department’s final rule—Executive Of- rity Act to provide for grants for projects de- H.R. 3248. A bill to amend the Public fice for Immigration Review; Board of Immi- signed to promote responsible fatherhood, Health Service Act and the Federal Food, gration Appeals: Streamlining [EOIR No. and for other purposes (Rept. 106–463). Re- Drug, and Cosmetic Act with respect to in- 122F; AG Order No. 2263–99] (RIN: 1125–AA22) ferred to the House Calendar. formation on the human papillomavirus (commonly known as HPV); to the Com- received November 4, 1999, pursuant to 5 f U.S.C. 801(a)(1)(A); to the Committee on the mittee on Commerce. Judiciary. PUBLIC BILLS AND RESOLUTIONS By Mr. HOUGHTON (for himself, Mr. CARDIN, Mrs. JOHNSON of Con- 5246. A letter from the Director, Office of Under clause 2 of rule XII, public Regulatory Management and Information, necticut, Mr. ENGLISH, Mr. Environmental Protection Agency, transmit- bills and resolutions were introduced MCDERMOTT, Ms. JACKSON-LEE of ting the Agency’s final rule—National Pol- and severally referred, as follows: Texas, Mr. FOLEY, Mr. RAMSTAD, Mrs. lutant Discharge Elimination System—Reg- By Mr. SMITH of New Jersey (for him- THURMAN, Mr. NADLER, Ms. DUNN, Mr. ulations for Revision of the Water Pollution self, Mr. GEJDENSON, Ms. KAPTUR, Ms. HORN, Ms. SLAUGHTER, Mr. NEAL of Control Program Addressing Storm Water SLAUGHTER, Mr. LANTOS, Ms. MCKIN- Massachusetts, Mr. WELLER, Mr. Discharges [FRL–6470–8] (RIN: 2040–AC82) re- NEY, Mr. KING, Mr. WOLF, and Mr. COYNE, Mr. MATSUI, Mrs. MALONEY of ceived November 3, 1999, pursuant to 5 U.S.C. COOKSEY): New York, and Mrs. KELLY): 801(a)(1)(A); to the Committee on Transpor- H.R. 3244. A bill to combat trafficking of H.R. 3249. A bill to amend the Internal Rev- enue Code of 1986 to provide that a deduction tation and Infrastructure. persons, especially into the sex trade, slav- equal to fair market value shall be allowed 5247. A letter from the Chief, Regulations ery, and slavery-like conditions in the for charitable contributions of literary, mu- Branch, Department of the Treasury, trans- United States and countries around the sical, artistic, or scholarly compositions cre- mitting the Department’s final rule—For- world through prevention, through prosecu- ated by the donor; to the Committee on eign Locomotives and Railroad Equipment tion and enforcement against traffickers, Ways and Means. in International Traffic; Technical Amend- and through protection and assistance to By Mr. THOMPSON of Mississippi (for ment (T.D. 99–79) received November 4, 1999, victims of trafficking; to the Committee on himself, Mr. LEWIS of Georgia, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- International Relations, and in addition to NORWOOD, Mr. JACKSON of Illinois, mittee on Ways and Means. the Committees on the Judiciary, and Bank- Mr. BROWN of Ohio, Mr. TOWNS, Ms. f ing and Financial Services, for a period to be ROYBAL-ALLARD, Mr. RODRIGUEZ, Mr. subsequently determined by the Speaker, in UNDERWOOD, Mr. FILNER, Mrs. REPORTS OF COMMITTEES ON each case for consideration of such provi- CHRISTENSEN, Mr. CONYERS, Mr. PUBLIC BILLS AND RESOLUTIONS sions as fall within the jurisdiction of the WYNN, Mr. GONZALEZ, Mr. HILLIARD, committee concerned. Under clause 2 of rule XIII, reports of Ms. CARSON, Ms. EDDIE BERNICE By Mr. YOUNG of Alaska (for himself committees were delivered to the Clerk JOHNSON of Texas, Mr. SCOTT, Ms. and Mr. GEORGE MILLER of Cali- KILPATRICK, Mr. CLYBURN, Mr. RUSH, for printing and reference to the proper fornia): Mr. CUMMINGS, Mr. PAYNE, Mr. DIXON, calendar, as follows: H.R. 3245. A bill to establish a fund to meet Mr. FORD, Ms. MILLENDER-MCDON- Mr. YOUNG of Alaska: Committee on Re- the outdoor conservation and recreation ALD, Ms. WATERS, Mr. MEEKS of New sources. H.R. 3002. A bill to provide for the needs of the American people, to provide York, Mr. BISHOP, Mrs. MEEK of Flor- continued preparation of certain useful re- Outer Continental Shelf impact assistance to ida, Mrs. JONES of Ohio, Mr. DAVIS of ports concerning public lands, Native Ameri- State and local governments, to amend the Illinois, Ms. LEE, Ms. MCKINNEY, Mrs. cans, fisheries, wildlife, insular areas, and Land and Water Conservation Fund Act of NAPOLITANO, Ms. JACKSON-LEE of other natural resource-related matters, and 1965, the Urban Park and Recreation Recov- Texas, Mrs. CLAYTON, Mr. WATT of to repeal provisions of law regarding termi- ery Act of 1978, and the Act popularly known North Carolina, Mr. FATTAH, Ms. nated reporting requirements concerning as the Federal Aid in Wildlife Restoration PELOSI, Mr. ABERCROMBIE, and Mr. such matters (Rept. 106–458). Referred to the Act, and for other purposes; to the Com- GEORGE MILLER of California): Committee of the Whole House on the State mittee on Resources, and in addition to the H.R. 3250. A bill to amend the Public of the Union. Committee on the Budget, for a period to be Health Service Act to improve the health of Mr. MCCOLLUM: Committee on the Judici- subsequently determined by the Speaker, in minority individuals; to the Committee on ary. H.R. 2336. A bill to amend title 28, each case for consideration of such provi- Commerce. United States Code, to provide for appoint- sions as fall within the jurisdiction of the By Ms. KAPTUR (for herself and Mr. ment of United States marshals by Attorney committee concerned. HUNTER): General; with an amendment (Rept. 106–459). By Mr. BASS (for himself, Mr. DUNCAN, H.R. 3251. A bill to establish the National Referred to the Committee of the Whole Mrs. CHRISTENSEN, Mrs. ROUKEMA, Commission on the Impact of United States House on the State of the Union. Mrs. MYRICK, Mrs. JOHNSON of Con- Culture on American Youth; to the Com- Mr. GOSS: Committee on Rules. House necticut, Mr. PETERSON of Pennsyl- mittee on Education and the Workforce. Resolution 364. Resolution waiving points of vania, and Mr. DOYLE): By Mr. KASICH (for himself and Mr. order against the conference report to ac- H.R. 3246. A bill to amend title IV of the BOEHNER): company the bill (H.R. 1555) to authorize ap- Employee Retirement Income Security Act H.R. 3252. A bill to amend the Internet Tax propriations for fiscal year 2000 for intel- of 1974 to reduce the amount of premiums re- Freedom Act to make permanent and extend ligence and intelligence-related activities of quired to be paid by small businesses to the its moratorium on certain taxes, and for the United States Government, the Commu- Pension Benefit Guaranty Corporation; to other purposes; to the Committee on the Ju- nity Management Account, and the Central the Committee on Education and the Work- diciary, and in addition to the Committee on Intelligence Agency Retirement and Dis- force. Ways and Means, for a period to be subse- ability System, and for other purposes (Rept. By Mrs. CHRISTENSEN (for herself, quently determined by the Speaker, in each 106–460). Referred to the House Calendar. Mr. UNDERWOOD, Mr. BISHOP, Mr. JEF- case for consideration of such provisions as Mr. DIAZ-BALART: Committee on Rules. FERSON, Mr. DAVIS of Illinois, Mr. fall within the jurisdiction of the committee House Resolution 365. Resolution providing OWENS, Mr. CONYERS, Mr. PAYNE, Mr. concerned. for consideration of the joint resolution (H.J. FATTAH, Mr. RANGEL, Mr. LEWIS of By Mr. KENNEDY of Rhode Island (for Res. 76) waiving certain enrollment require- Georgia, Mr. THOMPSON of Mis- himself, Mr. TAUZIN, and Mr. ments for the remainder of the first session sissippi, Ms. KILPATRICK, Mr. WEYGAND): of the One Hundred Sixth Congress with re- HASTINGS of Florida, Ms. LEE, Mrs. H.R. 3253. A bill to redesignate the Coastal spect to any bill or joint resolution making JONES of Ohio, Ms. CARSON, Mrs. Barrier Resources System as the ‘‘John H.

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CHAFEE Coastal Barrier Resources System’’; By Mr. MATSUI (for himself, Ms. ROY- COMBEST, Mr. FOSSELLA, Mr. DOOLITTLE, and to the Committee on Resources. BAL-ALLARD, and Mr. DOOLITTLE): Mr. MCCOLLUM. By Mr. NADLER (for himself, Mr. RAN- H. Res. 363. A resolution recognizing and H.R. 2620: Mr. CANADY of Florida. GEL, Mr. ENGEL, Mr. RAMSTAD, and honoring Sacramento, California, Mayor Joe H.R. 2631: Ms. SANCHEZ. Mr. WEINER): Serna, Jr., and expressing the condolences of H.R. 2640: Mr. TRAFICANT. H.R. 3254. A bill to amend title 28 of the the House of Representatives to his family H.R. 2697: Mr. OWENS. United States Code to authorize Federal dis- and the people of Sacramento on his death; H.R. 2720: Mr. WU and Mr. OLVER. trict courts to hear civil actions to recover to the Committee on Government Reform. H.R. 2722: Mr. BONILLA. H.R. 2727: Ms. WOOLSEY. damages or secure relief for certain injuries f to persons and property under or resulting H.R. 2730: Mr. RUSH, Mr. FALEOMAVAEGA, from the Nazi government of Germany; to MEMORIALS and Ms. MILLENDER-MCDONALD. the Committee on the Judiciary. H.R. 2733: Mr. DOOLITTLE. By Ms. NORTON (for herself and Mr. Under clause 3 of rule XII, H.R. 2741: Mr. MORAN of Virginia and Mr. WYNN): 279. The SPEAKER presented a memorial DEUTSCH. H.R. 3255. A bill to assist local govern- of the House of Representatives of the Com- H.R. 2749: Mr. GILCHREST and Mr. MILLER ments in conducting gun buyback programs; monwealth of Massachusetts, relative to a of Florida. to the Committee on the Judiciary. House Resolution memorializing the Con- H.R. 2764: Mr. RAHALL, Ms. PELOSI, and Ms. By Mr. PASCRELL (for himself, Mrs. gress of the United States to Direct the DEGETTE. MCCARTHY of New York, Mr. RAHALL, Health Care Financing Administration to H.R. 2781: Mr. WAXMAN. Mr. SHOWS, Mr. ABERCROMBIE, Mr. Allow an Emergency Medigap Open Enroll- H.R. 2785: Mr. RANGEL. FRANK of Massachusetts, Mr. ment for Senior Citizens; jointly to the Com- H.R. 2840: Ms. ESHOO. BALDACCI, Mr. KLINK, Mr. PALLONE, mittees on Ways and Means and Commerce. H.R. 2859: Mr. BROWN of Ohio and Mr. LAN- Mr. BRADY of Pennsylvania, Mr. TOS. f COOK, Mr. GUTIERREZ, Mr. STARK, Mr. H.R. 2865: Mr. REYES and Mrs. MINK of Ha- BAIRD, Mrs. KELLY, Mr. ROTHMAN, waii. PRIVATE BILLS AND H.R. 2867: Mr. BAKER, Mr. DEMINT, Mr. Ms. HOOLEY of Oregon, Ms. LOFGREN, RESOLUTIONS Mr. HOLT, Mr. CROWLEY, Mr. HOEKSTRA, Mr. HAYES, Mr. RYUN of Kansas, CAPUANO, Mr. MALONEY of Con- Under clause 3 of rule XII, Mr. REYNOLDS, Mr. STUMP, Mr. DOOLITTLE, Mr. MCINTOSH, Mr. GOODE, Mr. BALLENGER, necticut, Mr. FALEOMAVAEGA, Mr. Mr. DUNCAN introduced A bill (H.R. 3260) Mr. SMITH of Michigan, Mr. CAMPBELL, Mr. COYNE, Mr. FROST, Mr. UNDERWOOD, for the relief of Henry R. Jones; which was HOSTETTLER, Mr. ISTOOK, Mr. WELDON of Mr. OLVER, Mr. MCGOVERN, Mr. WAX- referred to the Committee on the Judiciary. MAN, Mr. OBEY, Mr. BERMAN, Mr. Florida, Mr. HILL of Montana, Mr. WELDON of f DEFAZIO, Mr. STUPAK, Mr. ROMERO- Pennsylvania, Mr. PAUL, Mr. NETHERCUTT, Mrs. FOWLER, Mr. LATOURETTE, Mr. BURR of BARCELO´ , Mr. BARCIA, Mr. MOORE, ADDITIONAL SPONSORS Mr. GORDON, Mrs. THURMAN, Mr. TAL- North Carolina, Mr. SENSENBRENNER, Mr. ENT, Mr. PHELPS, Mr. HINCHEY, Mr. Under clause 7 of rule XII, sponsors CANADY of Florida, Mr. SUNUNU, Mr. ENGLISH, Mrs. CAPPS, Mr. DAVIS of were added to public bills and resolu- KUYKENDALL, Mr. SANFORD, Mr. STEARNS, Florida, Ms. PELOSI, Mr. FORBES, Ms. tions as follows: Mr. COBURN, Mr. FLETCHER, Mr. HILLEARY, Mr. MANZULLO, Mr. ARMEY, Mr. LUCAS of CARSON, Mr. SKELTON, Mr. VIS- H.R. 82: Mr. HOLT and Mr. FLETCHER. Oklahoma, Mr. COX, and Mr. HERGER. CLOSKY, and Mr. HOYER): H.R. 137: Ms. SANCHEZ. H.R. 3256. A bill to amend title 38, United H.R. 2890: Ms. SCHAKOWSKY, Mr. RODRIGUEZ, H.R. 148: Ms. BERKLEY. States Code, to improve outreach programs and Ms. LEE. H.R. 180: Mr. GREENWOOD. carried out by the Department of Veterans H.R. 2893: Mrs. BIGGERT, Mr. FOSSELLA, Mr. H.R. 220: Mr. CRANE. Affairs to provide for more fully informing PAUL, and Mr. SANDERS. H.R. 303: Mr. TERRY, Mr. CONYERS, Mr. veterans of benefits available to them under H.R. 2899: Mr. FRANK of Massachusetts. ROGERS, Mr. DEAL of Georgia, Mr. SPENCE, laws administered by the Secretary of Vet- H.R. 2930: Mrs. MALONEY of New York, and and Mrs. MCCARTHY of New York. erans Affairs; to the Committee on Veterans’ Mr. MCDERMOTT. H.R. 460: Ms. ESHOO. Affairs. H.R. 2939: Ms. CARSON, Ms. BALDWIN, and H.R. 531: Mr. OWENS. By Mr. REYNOLDS (for himself, Mr. Ms. WOOLSEY. H.R. 583: Mr. WAMP. CONDIT, Mr. DREIER, Mr. PORTMAN, H.R. 2966: Mr. BROWN of Ohio, Mrs. BONO, H.R. 670: Mr. WALDEN of Oregon, Mr. Mr. MORAN of Virginia, Mr. DAVIS of Ms. ESHOO, Mr. HINCHEY, Mr. KINGSTON, and SHIMKUS, Mrs. NAPOLITANO, and Mr. HILL of Virginia, Mr. LINDER, Mr. GOSS, and Mr. LUCAS of Kentucky. Indiana. Mr. SESSIONS): H.R. 2985: Mr. MCKEON. H.R. 3257. A bill to amend the Congres- H.R. 725: Ms. BERKLEY. H.R. 2991: Mr. THORNBERRY, Mr. REGULA, sional Budget Act of 1974 to assist the Con- H.R. 842: Mr. MURTHA. Mr. CALVERT, Mr. RADANOVICH, Mr. MINGE, gressional Budget Office with the scoring of H.R. 914: Ms. HOOLEY of Oregon. Mr. DOOLITTLE, and Mr. OBERSTAR. State and local mandates; to the Committee H.R. 1178: Mr. OXLEY. H.R. 3030: Mr. ACKERMAN, Mr. BOEHLERT, on Rules. H.R. 1196: Mr. BONIOR. Mr. CROWLEY, Mr. ENGEL, Mr. FORBES, Mr. By Mr. SMITH of Michigan: H.R. 1221: Mr. SESSIONS, Mr. FLETCHER, and FOSSELLA, Mr. GILMAN, Mr. HOUGHTON, Mrs. H.R. 3258. A bill to amend title 11 of the Ms. CARSON. KELLY, Mr. KING, Mr. LAFALCE, Mr. LAZIO, United States Code to make debts to govern- H.R. 1356: Mr. WEXLER. Mrs. LOWEY, Mrs. MALONEY of New York, mental units for the care and maintenance of H.R. 1413: Mr. RAHALL. Mrs. MCCARTHY of New York, Mr. MCHUGH, minor children nondischargeable; to the H.R. 1432: Mr. PEASE. Mr. MCNULTY, Mr. MEEKS of New York, Mr. Committee on the Judiciary. H.R. 1606: Mr. MARKEY. NADLER, Mr. OWENS, Mr. QUINN, Mr. RANGEL, By Ms. VELA´ ZQUEZ: H.R. 1621: Mr. MENENDEZ. Mr. REYNOLDS, Mr. SERRANO, Ms. SLAUGH- H.R. 3259. A bill to amend the Public H.R. 1622: Mr. ABERCROMBIE. TER, Mr. SWEENEY, Mr. TOWNS, Ms. VELAZ- Health Service Act and the Employee Retire- H.R. 1657: Mr. SAWYER and Mr. OWENS. QUEZ, Mr. WALSH, and Mr. WEINER. ment Income Security Act of 1974 to estab- H.R. 1871: Mr. STUPAK. H.R. 3047: Mr. BARRETT of Wisconsin. lish certain requirements for managed care H.R. 1885: Ms. MILLENDER-MCDONALD. H.R. 3083: Mr. RANGEL and Mr. LANTOS. plans; to the Committee on Commerce, and H.R. 1926: Mr. GOODLATTE. H.R. 3091: Ms. LEE, Mr. LAMPSON, Mr. in addition to the Committee on Education H.R. 2059: Mr. MCNULTY, Mr. RANGEL, and STRICKLAND, Mr. BROWN of Ohio, Mr. WAX- and the Workforce, for a period to be subse- Mr. BONIOR. MAN, Mr. NADLER, Ms. HOOLEY of Oregon, and quently determined by the Speaker, in each H.R. 2141: Mrs. EMERSON. Mr. MASCARA. case for consideration of such provisions as H.R. 2355: Mr. DOGGETT. H.R. 3136: Mr. INSLEE. fall within the jurisdiction of the committee H.R. 2380: Ms. WOOLSEY. H.R. 3140: Mr. MCDERMOTT, Ms. HOOLEY of concerned. H.R. 2442: Mr. SHAW and Mr. LANTOS. Oregon, Mr. BEREUTER, Mr. HALL of Ohio, By Mr. THOMAS: H.R. 2446: Ms. BERKLEY. Mr. SANDLIN, Mr. SANFORD, Mr. MCGOVERN, H.J. Res. 76. A joint resolution waiving cer- H.R. 2498: Mr. PAYNE, Ms. CARSON, and Mr. Mr. CUMMINGS, Mr. EWING, Ms. MCKINNEY, tain enrollment requirements for the re- STRICKLAND. Mr. POMEROY, Mr. NUSSLE, Ms. BALDWIN, Mr. mainder of the first session of the One Hun- H.R. 2570: Mr. GEKAS and Mr. GOODLING. INSLEE, Mr. BLUMENAUER, Mr. CAMPBELL, Mr. dred Sixth Congress with respect to any bill H.R. 2573: Mr. GOODLATTE. MINGE, Mr. MALONEY of Connecticut, Mr. or joint resolution making general appro- H.R. 2596: Mr. HUTCHINSON, Mr. TERRY, Mr. SANDERS, Mr. DICKEY, and Mr. MCNULTY. priations or continuing appropriations for BRADY of Texas, Mr. SAXTON, Mr. KNOLLEN- H.R. 3144: Mr. HINOJOSA, and Mr. HOYER. fiscal year 2000; to the Committee on House BERG, Mr. RILEY, Mr. ISTOOK, Mr. SALMON, H.R. 3180: Mr. LUTHER, Mr. BACHUS, and Administration. Ms. DUNN, Mr. KINGSTON, MR. GEKAS, Mr. Mr. WELDON of Pennsylvania.

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H.R. 3220: Mr. LAFALCE, Mr. BERMAN, Mr. tronic signature selected by the parties in (2) if enacted or adopted after the date of VENTO, Mrs. JONES of Ohio, and Mr. establishing such procedures or require- enactment of this Act, makes specific ref- DELAHUNT. ments; and erence to this Act. H.R. 3224: Mr. GONZALEZ, Mr. MCNULTY, (C) nothing in this section requires any (b) LIMITATIONS ON ALTERATION OR SUPER- and Mr. CAPUANO. party to use or accept electronic records or SESSION.—A State statute, regulation, or H.R. 3228: Mr. BATEMAN. electronic signatures. other rule of law (including an insurance H.R. 3239: Mr. SANFORD. (2) CONSENT TO ELECTRONIC RECORDS.—Not- statute, regulation, or other rule of law), re- H. Con. Res. 115: Mr. HASTINGS of Florida, withstanding subsection (a) and paragraph gardless of its date of enactment or adop- Mr. ROMERO-BARCELO´ , Mrs. MEEK of Florida, (1) of this subsection— tion, that modifies, limits, or supersedes sec- and Mr. GREENWOOD. (A) if a statute, regulation, or other rule of tion 101 shall not be effective to the extent H. Con. Res. 175: Mr. LUTHER and Ms. BERK- law requires that a record be provided or that such statute, regulation, or rule— LEY. made available to a consumer in writing, (1) discriminates in favor of or against a H. Con. Res. 197: Mr. HALL of Texas. that requirement shall be satisfied by an specific technology, process, or technique of H. Con. Res. 218: Mr. DOOLITTLE, Mr. HOLT, electronic record if— creating, storing, generating, receiving, Mr. DELAHUNT, and Mr. WYNN. (i) the consumer has separately and affirm- communicating, or authenticating electronic H. Res. 94: Mr. CAPUANO. atively consented to the provision or avail- records or electronic signatures; H. Res. 238: Mr. DOOLITTLE. ability of such record, or identified groups of (2) discriminates in favor of or against a H. Res. 320: Mr. LIPINSKI. records that include such record, as an elec- specific type or size of entity engaged in the H. Res. 325: Mr. MCKEON and Mr. tronic record; and business of facilitating the use of electronic BLUMENAUER. (ii) has not withdrawn such consent; and records or electronic signatures; H. Res. 340: Mr. WAXMAN. (B) if such statute, regulation, or other (3) is based on procedures or requirements H. Res. 347: Mr. LARSON, Mr. MARKEY, Ms. rule of law requires that a record be re- that are not specific or that are not publicly LEE, Mr. VENTO, Mr. ROGAN, Mr. COYNE, and tained, that requirement shall be satisfied if available; or Mr. KING. such record complies with the requirements (4) is otherwise inconsistent with the pro- H. Res. 350: Mr. FOSSELLA, Mr. LEWIS of of subparagraphs (A) and (B) of subsection visions of this title. Kentucky, Mr. HAYES, Mr. SAM JOHNSON of (c)(1). (c) EXCEPTION.—Notwithstanding sub- Texas, Mr. MANZULLO, Mr. ROHRABACHER, Mr. section (b), a State may, by statute, regula- (c) RETENTION OF CONTRACTS, AGREEMENTS, WELDON of Pennsylvania, Mr. DOOLITTLE, Mr. tion, or rule of law enacted or adopted after AND RECORDS.— SOUDER, Mr. HALL of Texas, Mr. HAYWORTH, the date of enactment of this Act, require CCURACY AND ACCESSIBILITY Mr. CHABOT, Mr. COOK, Mr. PACKARD, Mr. (1) A .—If a statute, regulation, or other rule of law requires specific notices to be provided or made avail- SHIMKUS, Mr. LAHOOD, and Mr. HILLEARY. able in writing if such notices are necessary H. Res. 357: Mr. FILNER. that a contract, agreement, or record be in writing or be retained, that requirement is for the protection of the safety or health of f met by retaining an electronic record of the an individual consumer. A consumer may not, pursuant to section 101(b)(2), consent to AMENDMENTS information in the contract, agreement, or record that— the provision or availability of such notice Under clause 8 of rule XVIII, pro- (A) accurately reflects the information set solely as an electronic record. posed amendments were submitted as forth in the contract, agreement, or record SEC. 103. SPECIFIC EXCLUSIONS. follows: after it was first generated in its final form (a) EXCEPTED REQUIREMENTS.—The provi- H.R. 1714 as an electronic record; and sions of section 101 shall not apply to a con- (B) remains accessible, for the period re- tract, agreement, or record to the extent it OFFERED BY: MR. BLILEY quired by such statute, regulation, or rule of is governed by— [Amendment in the Nature of a Substitute] law, for later reference, transmission, and (1) a statute, regulation, or other rule of AMENDMENT NO. 1: Strike out all after the printing. law governing the creation and execution of enacting clause and insert the following: (2) EXCEPTION.—A requirement to retain a wills, codicils, or testamentary trusts; SECTION 1. SHORT TITLE. contract, agreement, or record in accordance (2) a statute, regulation, or other rule of This Act may be cited as the ‘‘Electronic with paragraph (1) does not apply to any in- law governing adoption, divorce, or other Signatures in Global and National Com- formation whose sole purpose is to enable matters of family law; merce Act’’. the contract, agreement, or record to be (3) the Uniform Commercial Code, as in effect in any State, other than sections 1-107 TITLE I—VALIDITY OF ELECTRONIC sent, communicated, or received. (3) ORIGINALS.—If a statute, regulation, or and 1-206 and Articles 2 and 2A; RECORDS AND SIGNATURES FOR COM- (4) any requirement by a Federal regu- MERCE other rule of law requires a contract, agreement, or record to be provided, available, or latory agency or self-regulatory organization SEC. 101. GENERAL RULE OF VALIDITY. retained in its original form, or provides con- that records be filed or maintained in a spec- (a) GENERAL RULE.—With respect to any sequences if the contract, agreement, or ified standard or standards (including a spec- contract, agreement, or record entered into record is not provided, available, or retained ified format or formats), except that nothing or provided in, or affecting, interstate or for- in its original form, that statute, regulation, in this paragraph relieves any Federal regu- eign commerce, notwithstanding any stat- or rule of law is satisfied by an electronic latory agency of its obligations under the ute, regulation, or other rule of law, the record that complies with paragraph (1). Government Paperwork Elimination Act legal effect, validity, or enforceability of (4) CHECKS.—If a statute, regulation, or (title XVII of Public Law 105–277); such contract, agreement, or record shall not other rule of law requires the retention of a (5) the Uniform Anatomical Gift Act; or be denied— check, that requirement is satisfied by re- (6) the Uniform Health-Care Decisions Act. (1) on the ground that the contract, agree- tention of an electronic record of all the in- (b) ADDITIONAL EXCEPTIONS.—The provi- ment, or record is not in writing if the con- formation on the front and back of the check sions of section 101 shall not apply to— tract, agreement, or record is an electronic in accordance with paragraph (1). (1) any contract, agreement, or record en- record; or tered into between a party and a State agen- (2) on the ground that the contract, agree- SEC. 102. AUTHORITY TO ALTER OR SUPERSEDE cy if the State agency is not acting as a mar- ment, or record is not signed or is not af- GENERAL RULE. ket participant in or affecting interstate firmed by a signature if the contract, agree- (a) PROCEDURE TO ALTER OR SUPERSEDE.— commerce; ment, or record is signed or affirmed by an Except as provided in subsection (b), a State (2) court orders or notices, or official court electronic signature. statute, regulation, or other rule of law may documents (including briefs, pleadings, and (b) AUTONOMY OF PARTIES IN COMMERCE.— modify, limit, or supersede the provisions of other writings) required to be executed in (1) IN GENERAL.—With respect to any con- section 101 if such statute, regulation, or connection with court proceedings; or tract, agreement, or record entered into or rule of law— (3) any notice concerning— provided in, or affecting, interstate or for- (1)(A) constitutes an enactment or adop- (A) the cancellation or termination of util- eign commerce— tion of the Uniform Electronic Transactions ity services (including water, heat, and (A) the parties to such contract, agree- Act as reported to the State legislatures by power); ment, or record may establish procedures or the National Conference of Commissioners (B) default, acceleration, repossession, requirements regarding the use and accept- on Uniform State Laws; or foreclosure, or eviction, or the right to cure, ance of electronic records and electronic sig- (B) specifies the alternative procedures or under a credit agreement secured by, or a natures acceptable to such parties; requirements for the use or acceptance (or rental agreement for, a primary residence of (B) the legal effect, validity, or enforce- both) of electronic records or electronic sig- an individual; or ability of such contract, agreement, or natures to establish the legal effect, valid- (C) the cancellation or termination of record shall not be denied because of the ity, or enforceability of contracts, agree- health insurance or benefits or life insurance type or method of electronic record or elec- ments, or records; and benefits (excluding annuities).

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.002 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—HOUSE 28943 SEC. 104. STUDY. (B) identify constraints imposed by foreign tronic signature’’ have the meanings pro- (a) FOLLOWUP STUDY.—Within 5 years after nations or international organizations that vided in section 104 of the Electronic Signa- the date of enactment of this Act, the Sec- constitute barriers to providers of electronic tures in Global and National Commerce Act. retary of Commerce, acting through the As- signature products or services; and TITLE III—USE OF ELECTRONIC RECORDS sistant Secretary for Communications and (C) identify the degree to which other na- AND SIGNATURES UNDER FEDERAL SE- Information, shall conduct an inquiry re- tions and international organizations are CURITIES LAW garding any State statutes, regulations, or complying with the principles in subsection SEC. 301. GENERAL VALIDITY OF ELECTRONIC other rules of law enacted or adopted after (b)(2). RECORDS AND SIGNATURES. such date of enactment pursuant to section (2) SUBMISSION.—The Secretary shall sub- Section 3 of the Securities Exchange Act of 102(a), and the extent to which such statutes, mit a report to the Congress regarding the 1934 (15 U.S.C. 78c) is amended by adding at regulations, and rules comply with section results of each such inquiry within 90 days the end the following new subsection: 102(b). after the conclusion of such inquiry. Such re- ‘‘(h) REFERENCES TO WRITTEN RECORDS AND (b) REPORT.—The Secretary shall submit a port shall include a description of the ac- SIGNATURES.— report to the Congress regarding the results tions taken by the Secretary pursuant to ‘‘(1) GENERAL VALIDITY OF ELECTRONIC of such inquiry by the conclusion of such 5- subsection (b) of this section. RECORDS AND SIGNATURES.—Except as other- year period. (b) PROMOTION OF ELECTRONIC SIGNA- wise provided in this subsection— SEC. 105. DEFINITIONS. TURES.— ‘‘(A) if a contract, agreement, or record (as For purposes of this title: (1) REQUIRED ACTIONS.—The Secretary of defined in subsection (a)(37)) is required by (1) ELECTRONIC RECORD.—The term ‘‘elec- Commerce, acting through the Assistant the securities laws or any rule or regulation tronic record’’ means a writing, document, Secretary for Communications and Informa- thereunder (including a rule or regulation of or other record created, stored, generated, tion, shall promote the acceptance and use, a self-regulatory organization), and is re- received, or communicated by electronic on an international basis, of electronic sig- quired by Federal or State statute, regula- means. natures in accordance with the principles tion, or other rule of law to be in writing, (2) ELECTRONIC SIGNATURE.—The term ‘‘electronic signature’’ means information or specified in paragraph (2) and in a manner the legal effect, validity, or enforceability of data in electronic form, attached to or logi- consistent with section 101 of this Act. The such contract, agreement, or record shall not cally associated with an electronic record, Secretary of Commerce shall take all actions be denied on the ground that the contract, and executed or adopted by a person or an necessary in a manner consistent with such agreement, or record is not in writing if the electronic agent of a person, with the intent principles to eliminate or reduce, to the contract, agreement, or record is an elec- to sign a contract, agreement, or record. maximum extent possible, the impediments tronic record; (3) ELECTRONIC.—The term ‘‘electronic’’ to commerce in electronic signatures, in- ‘‘(B) if a contract, agreement, or record is means of or relating to technology having cluding those identified in the inquiries required by the securities laws or any rule or electrical, digital, magnetic, optical, electro- under subsection (a) for the purpose of facili- regulation thereunder (including a rule or magnetic, or similar capabilities regardless tating the development of interstate and for- regulation of a self-regulatory organization), of medium. eign commerce. and is required by Federal or State statute, (4) ELECTRONIC AGENT.—The term ‘‘elec- (2) PRINCIPLES.—The principles specified in regulation, or other rule of law to be signed, tronic agent’’ means a computer program or this paragraph are the following: the legal effect, validity, or enforceability of an electronic or other automated means used (A) Free markets and self-regulation, rath- such contract, agreement, or record shall not independently to initiate an action or reer than government standard-setting or be denied on the ground that such contract, spond to electronic records in whole or in rules, should govern the development and agreement, or record is not signed or is not part without review by an individual at the use of electronic records and electronic sig- affirmed by a signature if the contract, time of the action or response. natures. agreement, or record is signed or affirmed by (5) RECORD.—The term ‘‘record’’ means in- (B) Neutrality and nondiscrimination an electronic signature; and formation that is inscribed on a tangible me- should be observed among providers of and ‘‘(C) if a broker, dealer, transfer agent, in- dium or that is stored in an electronic or technologies for electronic records and elec- vestment adviser, or investment company other medium and is retrievable in per- tronic signatures. enters into a contract or agreement with, or ceivable form. (C) Parties to a transaction should be per- accepts a record from, a customer or other (6) FEDERAL REGULATORY AGENCY.—The mitted to establish requirements regarding counterparty, such broker, dealer, transfer term ‘‘Federal regulatory agency’ means an the use of electronic records and electronic agent, investment adviser, or investment agency, as that term is defined in section signatures acceptable to such parties. company may accept and rely upon an elec- 552(f) of title 5, United States Code, that is (D) Parties to a transaction— tronic signature on such contract, agree- authorized by Federal law to impose require- (i) should be permitted to determine the ment, or record, and such electronic signa- ments by rule, regulation, order, or other appropriate authentication technologies and ture shall not be denied legal effect, validity, legal instrument. implementation models for their trans- or enforceability because it is an electronic (7) SELF-REGULATORY ORGANIZATION.—The actions, with assurance that those tech- signature. term ‘‘self-regulatory organization’’ means nologies and implementation models will be ‘‘(2) IMPLEMENTATION.— an organization or entity that is not a Fed- recognized and enforced; and ‘‘(A) REGULATIONS.—The Commission may eral regulatory agency or a State, but that is (ii) should have the opportunity to prove in prescribe such regulations as may be nec- under the supervision of a Federal regu- court or other proceedings that their authen- essary to carry out this subsection con- latory agency and is authorized under Fed- tication approaches and their transactions sistent with the public interest and the pro- eral law to adopt and administer rules appli- are valid. tection of investors. cable to its members that are enforced by (E) Electronic records and electronic sig- ‘‘(B) NONDISCRIMINATION.—The regulations such organization or entity, by a Federal natures in a form acceptable to the parties prescribed by the Commission under sub- regulatory agency, or by another self-regu- should not be denied legal effect, validity, or paragraph (A) shall not— latory organization. enforceability on the ground that they are ‘‘(i) discriminate in favor of or against a TITLE II—DEVELOPMENT AND ADOPTION not in writing. specific technology, method, or technique of OF ELECTRONIC SIGNATURE PRODUCTS (F) De jure or de facto imposition of stand- creating, storing, generating, receiving, AND SERVICES ards on private industry through foreign communicating, or authenticating electronic SEC. 201. TREATMENT OF ELECTRONIC SIGNA- adoption of regulations or policies with re- records or electronic signatures; or TURES IN INTERSTATE AND FOR- spect to electronic records and electronic ‘‘(ii) discriminate in favor of or against a EIGN COMMERCE. signatures should be avoided. specific type or size of entity engaged in the (a) INQUIRY REGARDING IMPEDIMENTS TO (G) Paper-based obstacles to electronic business of facilitating the use of electronic COMMERCE.— transactions should be removed. records or electronic signatures. (1) INQUIRIES REQUIRED.—Within 180 days (c) CONSULTATION.—In conducting the ac- ‘‘(3) EXCEPTIONS.—Notwithstanding any after the date of the enactment of this Act, tivities required by this section, the Sec- other provision of this subsection— and biennially thereafter, the Secretary of retary shall consult with users and providers ‘‘(A) the Commission, an appropriate regu- Commerce, acting through the Assistant of electronic signature products and services latory agency, or a self-regulatory organiza- Secretary for Communications and Informa- and other interested persons. tion may require that records be filed or tion, shall complete an inquiry to— (d) PRIVACY.—Nothing in this section shall maintained in a specified standard or stand- (A) identify any domestic and foreign im- be construed to require the Secretary or the ards (including a specified format or for- pediments to commerce in electronic signa- Assistant Secretary to take any action that mats) if the records are required to be sub- ture products and services and the manners would adversely affect the privacy of con- mitted to the Commission, an appropriate in which and extent to which such impedi- sumers. regulatory agency, or a self-regulatory orga- ments inhibit the development of interstate (e) DEFINITIONS.—As used in this section, nization, respectively, or are required by the and foreign commerce; the terms ‘‘electronic record’’ and ‘‘elec- Commission, an appropriate regulatory

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agency, or a self-regulatory organization to regulation of a self-regulatory organization) ‘‘(C) ELECTRONIC.—The term ‘electronic’ be retained; and that is in effect on the date of enactment of means of or relating to technology having ‘‘(B) the Commission may require that con- the Electronic Signatures in Global and Na- electrical, digital, magnetic, optical, electro- tracts, agreements, or records relating to tional Commerce Act and that requires a magnetic, or similar capabilities regardless purchases and sales, or establishing accounts contract, agreement, or record to be in writ- of medium.’’. for conducting purchases and sales, of penny ing, to be submitted or retained in original stocks be manually signed, and may require form, or to be in a specified standard or H.R. 3073 such manual signatures with respect to standards (including a specified format or OFFERED BY: MR. TRAFICANT transactions in similar securities if the Com- formats). mission determines that such securities are ‘‘(6) DEFINITIONS.—As used in this sub- [Section references correspond to those of the susceptible to fraud and that such fraud section: amendment in the nature of a substitute would be deterred or prevented by requiring ‘‘(A) ELECTRONIC RECORD.—The term ‘elec- printed in the Congressional Record] manual signatures. tronic record’ means a writing, document, or AMENDMENT NO. 2: In section 403A(b)(1) of ‘‘(4) RELATION TO OTHER LAW.—The provi- other record created, stored, generated, re- the Social Security Act, as proposed to be sions of this subsection apply in lieu of the ceived, or communicated by electronic added by section 101(a) of the bill, add at the provisions of title I of the Electronic Signa- means. end the following: tures in Global and National Commerce Act ‘‘(B) ELECTRONIC SIGNATURE.—The term ‘‘(E) A written commitment by the entity to a contract, agreement, or record (as de- ‘‘electronic signature’’ means information or that the entity will make available to each fined in subsection (a)(37)) that is required data in electronic form, attached to or logi- individual participating in the project edu- by the securities laws. cally associated with an electronic record, cation about alcohol, tobacco, and other ‘‘(5) SAVINGS PROVISION.—Nothing in this and executed or adopted by a person or an drugs and the effects of abusing such sub- subsection applies to any rule or regulation electronic agent of a person, with the intent stances, and information about HIV/AIDS under the securities laws (including a rule or to sign a contract, agreement, or record. and its transmission.’’.

VerDate jul 14 2003 13:43 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR99\H08NO9.002 H08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28945 SENATE—Monday, November 8, 1999

The Senate met at 12 noon and was I thank my colleagues for their at- of money, that is where it ought to go, called to order by the President pro tention. back to the people who have paid it. tempore [Mr. THURMOND]. f In health care, we have done some things and intend to do more before the PRAYER RESERVATION OF LEADER TIME week is over; and bankruptcy. The Chaplain, Dr. Lloyd John The PRESIDING OFFICER (Mr. I wish to say I hope before we finish Ogilvie, offered the following prayer: HAGEL). Under the previous order, lead- we can put some emphasis on the posi- Dear God, You have shown us that ership time is reserved. tive things that we have done for the any week without Your grace and guid- f good of this country. ance makes us weak. So as we begin I yield to my good friend from New this new workweek, we dedicate our- MORNING BUSINESS Hampshire, who has done a superb job selves to trust in Your goodness, to The PRESIDING OFFICER. Under on the appropriations bills, and con- walk with You humbly, to listen to the previous order, there will now be a tinues to do so, whatever time he may You attentively, and to serve You obe- period for the transaction of morning consume. diently. We ask for quiet and peaceful business with Senators allowed to Mr. GREGG. I thank the Senator hearts, alert and agile minds, and speak for 5 minutes therein. from Wyoming for his courtesy in ready, responsive wills. Under the previous order, the time yielding me some time. I especially Remind the Senators that there is until 1 p.m. shall be under the control thank him for his commitment to mak- enough time in any one day to do what of the Senator from Wyoming, Mr. ing the American people aware through You require and artesian strength to THOMAS, or his designee. floor statements of how much we have accomplish what You desire. Free them The Senator from Wyoming. accomplished and how many positive from tension and tiredness, worry and f things have occurred in this Congress. anxiety. Give spinning wheels good As he mentioned, the most positive is tread. Help them to trust as if every- ACCOMPLISHMENTS OF THE that we have a balanced budget for the thing depended on You and work know- SENATE first time in generations; that for the ing that You depend on them to accom- Mr. THOMAS. Mr. President, let me first time in years, 20 years or so, the plish Your best for the Nation. first thank my friend from New Hamp- Social Security trust fund money is We love You, Father, and we commit shire for coming down. We have morn- going to be used for Social Security, this week to be an expression of that ing business now for 2 hours, and we in- which is one of the most important love. You are our Lord and Saviour. tend to talk about some of the issues things we could do and thus preserve it Amen. before us during this first hour. I am for the benefit of senior citizens and f going to at some point—and I hope the the next generation of senior citizens. Senator will also—talk a little bit PLEDGE OF ALLEGIANCE Something that is really an incredibly about some of the things we have ac- positive stride in the way we have The Honorable CHUCK HAGEL, a Sen- complished this year. I understand the dealt with ourselves in this Nation and ator from the State of Nebraska, led media is always interested in the con- has led in large part to the economic the Pledge of Allegiance, as follows: flicts and where we have controversy. prosperity that we now experience is I pledge allegiance to the Flag of the And that is fine. But they do not al- the fact that the Government has fi- United States of America, and to the Repub- ways talk about the things we have ac- nally decided to live within its means. lic for which it stands, one nation under God, complished, the things we have done indivisible, with liberty and justice for all. That is a result, in my opinion, of a with the budget, the fact we have spent Congress which has aggressively dis- f less in growth this year than we have ciplined spending of the Federal Gov- RECOGNITION OF THE ACTING for a number of years, the fact that we ernment. MAJORITY LEADER are setting aside Social Security and In fact, I recall when this Congress The PRESIDENT pro tempore. The have proposals out there to strengthen was first elected, a Republican Con- acting majority leader is recognized. Social Security. We have done a lot for gress, the President had sent up his Mr. THOMAS. I thank the Chair. education; indeed, authorized more budget for the year, and it projected f money to be spent than the adminis- $200 billion deficits for as far as the eye tration asked for and allowed for it to could see. I think the year was 1996, SCHEDULE be spent on the local level. These are and for the next 10 years it was $200 bil- Mr. THOMAS. Today, the Senate will things that are terribly important. lion of deficits every year for as far as be in a period of morning business until Defense is probably the singular most we could see. 2 p.m. Following morning business, the important thing the Federal Govern- Well, we in the Republican Congress, Senate will resume debate on the bank- ment has to assume. The expenditures the first Republican Congress in 40 ruptcy reform legislation. By a pre- of defense have gone down ever since years, said that was not acceptable; we vious consent agreement, the minority the gulf war. This year we have raised were going to have to live within our leader, or his designee, will be recog- them because in order to fill out the means. Others said it was not doable. nized at 3 p.m. to offer an amendment mission the military has, there must We proved it was doable. relative to minimum wage, which will be more resources to be able to encour- That is a positive event. We now have then be set aside so that the majority age people to come into the military multiple billions of dollars of surplus, a leader, or his designee, can be recog- and to stay there. big enough surplus so we will have no nized to offer an amendment relative We have talked about tax relief, and, impact on Social Security in this budg- to business costs. Votes on these indeed, sent to the President a bill eting cycle. amendments have been set to occur at which would have given tax relief to all What I wanted to speak about, how- 10:30 on Tuesday. The leader has an- citizens of this country in various ways ever, beyond the good news, is the issue nounced there will be at least one vote rather than spending it. Unfortunately, that has caused us to sort of grind at 5:30 p.m. today in relation to the it was vetoed. We will be back with tax through the process of wrapping up the bankruptcy bill. relief. When we have an excess amount appropriations bills, specifically the

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

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28946 CONGRESSIONAL RECORD—SENATE November 8, 1999 demand by the President in a number class that has some sort of teacher’s must hire a teacher so that they can of areas of appropriations accounts. aide capability in it, such an indi- get their class size to some arbitrary The first one I wish to talk about is the vidual, but also computer technologies, number. The President has picked 18 to demand by the President that we ex- you should be able to do that. 1. I note that by picking that number pand his classroom teacher proposal. So we are saying in the context of he has managed to qualify 42 of the Now, the Congress has fully funded to improving the education, most impor- States already because 42 States al- the tune of $1.2 billion. The amount of tantly ‘‘improving the students’ per- ready have a class size ratio that is 18 money that the President initially re- formance,’’ which is the exact words we to 1 or better. quested for class size in his original re- use, you can use this money for other There are only nine States and the quest was for $1.2 billion, the purpose areas of teacher enhancement and of District of Columbia that do not have of which was to add teachers to the assisting teachers to be better teach- the ratio higher than 18 to 1. Arbi- classroom. Teachers to the classroom ers. trarily, people on that side of the aisle may be a good idea in the $1.2 billion Why are we saying that? Why aren’t are all knowledgeable and are saying to that has been put on the table to ac- we saying what the White House and every school board in America, 18 to 1, complish that, but the difference be- President Clinton say and what the and that is it. If you don’t have 18 to 1, tween the two sides is not in the dol- Senators on the other side of the aisle we are not going to give you the lars; it is in the way those dollars say, which is you must do it our way; money. You have to hire new teachers, should be spent. you must hire teachers, and that is and that is it. That is what it is going The President’s proposal and the pro- what will make for better education? to be. posal coming from the other side of the Why aren’t we doing that? Because We are saying: Here is the money, aisle is that $1.2 billion shall be spent that doesn’t work. That doesn’t work. American school system. You take as the people in Washington tell the Study after study has concluded that that money and you choose whether local people to spend it; it will be spent it is not necessarily the class size ratio you need it for a new teacher or wheth- under a command-and-control process that is critical to education. It happens er you need it to make that teacher where the administration, the people of to be more than that. I think anybody you already have a better teacher, and the Department of Education, the peo- who has ever been involved in any level you tie it to standards. You tie it to ple of the national labor unions, and of education knows this. It is intu- professional development standards the legislators on the other side of the itively obvious through inspection— and you tie it to student performance aisle tell the local school districts, tell which was what one of my professors standards. the States, tell the local principals, used to say in college, and we used to That is a much better way to do it tell the local school boards: You must make fun of him for saying that—that than to try to manage every classroom use this money for the purposes of hir- there is a lot more to a classroom than in America from right here in Wash- ing teachers.You must use it for the the ratio of teacher to students. ington. If you have a terrible teacher—I have purposes of hiring teachers. It is a com- As I said earlier, it is as if those on said this on the floor before—who can’t mand-and-control, top-down the other side of the aisle want to take teach you a subject matter, if you put directivefrom Washington telling local the leader’s desk and run a string out 10 kids with that teacher, or 20 kids school districts how to operate their to every classroom in America, and with that teacher, they are still not schools. We, on the other hand, on our that string tells that school what they going to learn. If you have an excellent are going to have to do. If they don’t side of the aisle, have proposed this $1.2 teacher who knows how to handle the like what it is going to do, they are billion be used for schoolteachers, if subject matter, the odds are that the that is what the local school district size of the class, if it varies within five going to pull that string in running wants. But we have also said—and I or so children, is not going to affect from that desk on the Democratic side will read the language to you—‘‘If the the quality of that education a whole of the aisle. I do not know how many classrooms local educational agency determines lot. In fact, this is what studies have that it wishes to use the funds for pur- shown. there are in America. It would prob- poses other than class size reduction as In fact, Eric Hanushek at the Univer- ably have to be what? I will take a part of a local strategy for improving sity of Rochester, an economist, stud- guess. A million—a million strings run- academic achievement, funds may be ied 300 other studies that have been ning off that desk all over America, used for promotional development ac- done on this issue and concluded as fol- intertwined. It is going to get awfully tivities, teacher training, and any lows: Looking at 300 different studies, messy and confusing—a big jumbled other local need that is designated to class size reduction has not worked. mess—and nothing is going to happen. improve student performance.’’ Furthermore, the quality of the teach- We are not going to improve education What we are saying on our side of the er is the most important factor in edu- at all. aisle is that we do not think that a cation, and it is much more important I think it is a much brighter idea, it one-shoe-fits-all approach; we don’t to the class than class size. is a much more appropriate idea, and it think that a command-and-control, A National Commission on Teaching is a much fairer idea to say to the top-down approach is the right way to and America’s Future found the fol- school systems that happen to know manage local education or to manage lowing: The thing that has the least what they are doing because they are any education for that matter. impact on increasing student achieve- involved in it—at least every school What we believe very strongly is that ment, the least impact, is class size. district in America that I have ever we should put the dollars on the table. The thing that has the greatest impact dealt with is very concerned, first, We should make those dollars available is teacher education and the capability about education: Here are the dollars. to the local schools. And we should say of the teacher. You use it to improve your teachers. to the local schools: If you need more In the State of Washington, which You use it to improve your classrooms. teachers, here are the dollars to hire happens to be the home of the sponsor You use it, most importantly, to im- those teachers. But if you have deter- of this original proposal of the top- prove student performance. mined, under a procedure for obtaining down control approach, Senator MUR- This is what this debate on the budg- higher academic achievement, you RAY’s State, a Joint Legislative Audit et has come down to. There really don’t need more teachers but what you and Review Committee found: ‘‘High aren’t too many other big issues out need are better teachers, and therefore quality teachers and family environ- there today. This is what the whole you want to train your teachers, or ment have a far greater effect on stu- budget debate has come down to— what you need is to keep a teacher who dent performance than marginally re- whether or not we are going to run the is about to leave, and therefore you ducing the class size.’’ classrooms from Washington, whether need to pay that teacher a little bit It is not our job in Washington to tell or not we are going to demand that more money, or what you need is a the local school districts that they classrooms across America do exactly

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28947 what we tell them to do by hiring a going to use to fund 1,000 extra Border districts and saying local school dis- new teacher in order to get these funds, Patrol agents. tricts don’t know whether they need a or whether we are going to allow the What is the responsibility of the Fed- new teacher; we will tell them they schools across America—the teachers, eral Government? What is our responsi- need a new schoolteacher. Although the principals, the parents, and the bility? It is to protect our borders. they may know they don’t need a new school boards—to decide how best to Those are Federal agents. Those aren’t teacher, they need to train the teach- use that money in order to improve local agents. Instead of funding the ers better. That philosophy is fun- teaching in the classroom. 3,000 new agents who were supposed to damentally flawed. The President has made his stand on be funded and on whom we agreed, for The statement to reduce class size is this ground. To say the least, I think it whom we had authorized and appro- great polling. We will administer cops is bad ground, a bad idea, and a bad priated, we were going to appropriate on the street. Great polling. They are stance. the last 1,000 this year. The adminis- holding up the entire budget of the Ironically, at the same time the tration said: No, we are not going to Government of the United States, teacher and class size issue became a hire the extra 1,000 Border Patrol which happens to include a lot of other cause celebre for holding up the budget agents; we will take the money from important things. process, the other item holding up the that program and put it into hiring an For example, in my bill, which in- budget process involves the President’s additional 30,000 to 50,000 local police volves the police officers, we have the demand for 30,000 to 50,000 additional officers for a program that cannot even funding for the FBI, the funding for the police officers. This is a little bit dif- fulfill its first tranche of police offi- DEA, funding for the INS, funding for ferent. This was before the committee cers, which was supposed to be 100,000. the FTC, which is very involved in try- that I chair, the Commerce, State, Jus- That is an interesting priority. ing to keep seniors from being fraudu- tice Committee. Think about it. What this administra- lently attacked on the Internet with The President put forward a program tion is saying is, we don’t care about scams. We have the funding for the about 3 years ago. He said we want the borders as much as we care about FEC, obviously very involved in the 100,000 new officers. The Congress putting out a political statement different issues of how we manage this agreed with him: Let’s try to put which happens to poll well, which we e-commerce marketplace in which we 100,000 new officers on the street in know has no substantive effect because are functioning today. We have the America. The Congress funded 100,000 we know we can’t hire the officers. funding for the State Department; We new officers. We put on the table and in Maybe they didn’t know it; they should have funding for the whole Justice De- the budget the money necessary to pay have. All they had to do was ask the partment, funding for the whole judi- for 100,000 new officers. The program people at the Justice Department. As- cial system. All of that is being held up has run out. The authorization has sume they knew it—putting out a po- because this administration wants to ended. litical statement on which we know put out a political statement—not a The President came forward and said, they cannot fulfill the specifics. They substantive statement, because they I want another 30,000 to 50,000 officers knew, going into this proposal, they can’t do it, as I just pointed out. They on top of the initial 100,000 officers. could not hire an additional 30,000 to cannot accomplish what they claim First off, there was no program. The 50,000 officers because they had not they will do. They know it. They want Congress didn’t agree to that. We even hired the first 100,000 officers. a political statement. Then they want agreed to 100,000. We didn’t agree to an- They were 40,000 short, and it takes 12 to put forward a horrendous policy on class size because it polls well. They other 30,000 to 50,000. It was a political months to put the officers on the books are holding up the budget to do that. It statement. He held a poll and had some and bring them on board. focus group rushing into his office in This instead of hiring the Border Pa- is another example of the superficiality the morning saying, ‘‘Mr. Presi- trol personnel to improve our southern of the way this administration ap- dent,Mr. President, putting police offi- borders from being the sieve they are proaches issues. Time and time again for 7 years, we cers on the street really pumps well. where tens of thousands of illegal have seen issues put forward not for Let’s do another 30,000 to 50,000.’’ That aliens come across on a weekly basis. I the purposes of resolving a plan but for is how they came to the conclusion. think it was in the Douglas area of Ari- the purposes of scoring a political They did not have any hearings or even zona they arrested nearly 40,000 people point by this White House. Now they look at the program they have in place in a week. Unbelievable numbers of il- are willing to put at risk the func- because if they had looked at the pro- legal aliens are coming across the bor- tioning of the entire law enforcement gram they had in place, they would der, placing huge demands on our soci- structure of the Federal Government have realized that of the 100,000 officers ety in the area of health care, in the for all intents and purposes over what we put the money on the table for—the area of law enforcement, in the area of is basically a political issue, a political Congress did our work to pay for schooling. These are huge cost de- statement. It has no substance at all. them—the administration has only mands on our society, policing those It has no purpose and can accomplish been able to hire 60,000. They are still borders so legal immigrants can come nothing because it can’t be accom- 40,000 short of the initial 100,000. But across, legal workers can come across. plished in this next year. Maybe 2 they want to go out and hire another Instead, illegal people are breaking the years from now, when they catch up to 30,000. They can’t do it physically be- law to get into this country. doing the full 40,000 officers they still cause they haven’t been able to hire Instead of doing that which happens have to do, they can come forward and these offerers. It takes 12 months to do to be a primary function of the Federal reasonably say we need another 30,000 the program. They are not going to get Government, they took the money and officers. That may be true. the 100,000 in next year. So they can’t used it to set up this specious state- Once again, we see the shallowness of possibly do another 30,000 to 50,000. ment that they were going to add an- this administration is only exceeded by Equally ironic, where did they find other 30,000 to 50,000 police officers. their brazenness. Unfortunately, a the money in their budget to fund the Now they insist on it. The irony is, number of Federal agencies and the additional 30,000 to 50,000 officers? Re- they insist on it as part of the budget American people will suffer as a result member, these are local police officers process wrap-up. They are insisting on of that. in towns that you and I live in across adding the extra police officers when I yield the floor. America. These aren’t Federal police they cannot even hire them. Why? PR. The PRESIDING OFFICER. The Sen- officers; these aren’t FBI agents or It is that simple. It polls well. ator from Wyoming. even police officers in this Capitol. The class size statement polls well. Mr. THOMAS. Mr. President, I thank These are local police officers. Where On the polling statement, the sub- the Senator from New Hampshire. did they find the money? They took stance is so fundamentally flawed. I have to imagine how different the the money out of the funds we were They are taking control of local school needs of the school district in Wyoming

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28948 CONGRESSIONAL RECORD—SENATE November 8, 1999 are compared to Philadelphia. I cer- vest in creating products knowing there is of Windows the way Judge Green spent 10 tainly subscribe to the idea we ought an installed base of compatible operating years tinkering with AT&T and the baby to help with the resources, but let the systems that won’t soon be displaced. And bells. But let’s get to the real bottom line. Wash- local school districts decide for them- consumers know that they can lay out a thousand bucks or more for a PC without ington’s crusade against Microsoft has ful- selves what it is they need. The basic taking a Betamax-vs.-VHS gamble that their filled its purpose, serving as a great lever to class size in Wyoming happens to be investment will be rendered obsolete. pry open the wallets of Silicon Valley. Where less than 18. What benefits our consumers is a barrier to three years ago the technology plutocrats I am very pleased to have on the our competitors, but as Judge Jackson spent their surplus income on racing yachts floor of the Senate the Senator from points out, our real competitor is not ‘‘an- and Ferraris and charity, now they patrioti- Idaho, another western Senator, who is other product within the same software cat- cally send donations to Washington to sup- also chairman of our policy committee. egory, but rather a technological advance port the fixer class and its retinue in the I yield as much time as he desires. that renders the boundaries defining the cat- style to which it would like to become accus- egory obsolete.’’ What the judge calls our at- tomed. Steve Case of AOL likes to say the Mr. CRAIG. Mr. President, I thank tempts to maintain our ‘‘applications barrier future of technology will be decided in the my colleague from Wyoming for allow- is entry’’ is simply our way of making sure political arena rather than the marketplace. ing me time this morning. our investment in Windows—and our cus- Be careful what you wish for. f tomers’ investment—remains viable in the face of these technological advances. Take PUNISHING MICROSOFT MICROSOFT our behavior toward Netscape. Browsing the (By Robert A. Levy) Mr. CRAIG. Mr. President, I have lis- web has become the central purpose of the Here’s the lesson that high-tech companies tened to the Senator from New Hamp- PC for millions of users. If we had not ag- can glean from Judge Thomas Penfield Jack- shire speak in what I call the common gressively promoted our browser, it would son’s findings in the Microsoft case: If you’re have been tantamount to helping Netscape sufficiently ambitious, competent, and hard- sense of New Hampshire. I think all cannibalize our business, using our own plat- Members have been frustrated by this working; if you’re willing to risk your time form to render us obsolete while we stood by and fortune; if you succeed at rising above administration running a flag up the watching. your competition by serving customers with pole every morning at the White House If Microsoft cannot act rationally in its better products; then watch out, because our to see which way the wind is blowing own interest, the alternative is a govern- government will come down on your neck and then not only attempting to shift ment administrator to take over the busi- with the force and effect of a guillotine. Government policy but oftentimes ness and run it for the benefit of Microsoft’s Judge Jackson’s knee-jerk recitation of the bringing Government to an entire halt competitors. Outside a Nader thought-bub- Justice Department’s line is a mockery of ble, there can’t be many people who don’t see objectivity, scornful of the facts, and conge- until they can determine if the direc- this cure as worse than the disease. North- tion in which they are heading is the nial only to those who prefer a sterile mar- west University Law Professor Larry ketplace in which vigorous competition be- right direction. Downes, writing in USA Today, notes a comes legally actionable. Another example of a misdirected ef- ‘‘precedent for a remedy of doing nothing; Let’s start with the judge’s big picture: an fort by this administration was an- that is, for finding Microsoft guilty but rec- industry crippled because Microsoft’s com- nounced on Friday. I think all Mem- ognizing that there was no court-adminis- petitors are unable to innovate. Yet how to bers were paying attention to some de- tered solution that could solve the problem explain Netscape’s 410 billion price tag, or gree and were anxious to hear how a any better than letting the market try to continued market leadership by Microsoft work it out on its own.’’ arch-rivals Oracle, Intuit, AOL, Sun Micro- Federal judge could decide to run the What makes this less than academic is technological world in which we are systems, and Real-Networks? How to explain that, even without the government turning Apple’s growth in both sales and profits? In- living better than the marketplace Microsoft into a public utility, the paradigm deed, if Microsoft’s ‘‘prodigious market itself. Sure enough, on Friday, Thomas shift is happening and everybody in the busi- power’’ and ‘‘immense profits’’ have been Penfield Jackson, the judge down at ness knows it. A host of new developments used to stifle innovation, then how to ex- the Justice Department who examined has already shrunk Microsoft’s control over plain the incredible success of Linux, which the ins and outs of Microsoft and the cyberspace, and events are on the way to de- now runs more Web sites than any other marketplace, has determined that livering new forms of web computing that server operating system? won’t even require Windows. In an unguarded moment, Sun’s CEO, Microsoft is a predatory monopoly. Judge Jackson has deferred the question of I am no expert in this field, and I am Scott McNealy, recently crowed that ‘‘Win- whether Microsoft violated the law for a dows is dead’’ when it comes to new software not going to hold myself out on the later ruling, but he hasn’t left much to the applications, Mr. McNealy may be right. De- floor this morning to be so. I ask unan- imagination. If he takes his arguments and spite Judge Jackson’s snapshot view of the imous consent to have printed in the the incoherent assumptions of antitrust seri- software market, the Internet has pro- RECORD two editorials. ously, the only remedy is to turn Windows foundly and permanently altered the dynam- There being no objection, the mate- into a regulated utility, possibly breaking ics. Will Microsoft lose out to consumer elec- rial was ordered to be printed in the the company up. tronics products? Mr. McNealy doesn’t know, No wonder he has repeatedly hinted he RECORD, as follows: and neither does Judge Jackson. But those would be relieved if the parties would settle. products are out there, they’re selling well, U.S. DEPARTMENT OF MICROSOFT? An appeals court would likely overturn any and they are competition. At its highest levels, the educational sys- draconian verdict against Microsoft—if a What about Web-based software—probably tem is still capable of giving its money’s post-Clinton Justice Department hadn’t al- the most formidable threat to Microsoft’s worth, and taxpayers certainly spent enough ready settled the case. Microsoft has mount- dominance? Instead of buying and selling ap- to educate Thomas Penfield Jackson on ed such a lame effort partly because it’s rely- plications like word processors and Microsoft’s struggle to manage what it ing on the federal circuit court of appeals. speadsheets, users can rent the same func- pleased the judge Friday to call the com- On Friday, in a significant ruling related to tions from Internet services—or get them pany’s ‘‘monopoly’’ in computer operating a private antitrust lawsuit against Intel, free if they sit through advertising. systems. We guess now the government is that court noted the ‘‘Sherman act does not The only essential user program is a Web going to have to run Microsoft. convert all harsh commercial actions into browser. As the Wall Street Journal put it: We also see the failure of Microsoft’s strat- antitrust violations.’’ ‘‘If users don’t need PCs with Microsoft’s egy, which was to deny the meaning of its By the time Microsoft reaches the appel- Windows operating system or Intel chips— own actions, lest those actions retroactively late level, the computing world will have the vaunted market power of the duo called be found illegal because the court pins the moved on and historians will have to be sum- Wintel doesn’t seem so unshakable.’’ label ‘‘monopoly’’ on it. That was unfortu- moned to remind us what the argument was The important points is this: Many desk- nate. Microsoft had a strong case to make all about. Judge Jackson will have sat top machines that access Web-based servers that it had behaved in the only way any ra- through the antitrust ‘‘case of the century’’ are ‘‘Windows-less’’ products, and tional competitor could have. only to see it waddle off and expire with a Microsoft’s major OEM customers are climb- Microsoft should have argued that we have whimper behind some shrub. He can’t have ing on the band wagon. Gateway is building a monopoly because our customers want us that, so he’s banging the pots and pans and a line with no Microsoft software at all, and to have one. There is a great deal more soft- trying to scare Bill Gates into settling. How may jointly market it with AOL, which is a ware in the world than there would other- much more splendid to be this generation’s major Gateway investor. Dellalso plans to wise be, because software designers can in- Judge Greene, tinkering with future releases bring out a line of Internet computers, some

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28949 without Microsoft software. Compaq’s chief and fortune; if you succeed at rising above issue among Republicans was violence executive observes that its new generation of your competition by serving customers with in the schools; the No. 4 issue among products will ‘‘redefine Internet access.’’ better products; then watch out, because our Democrats, violence in the schools; the Another industry executive stated that government will come down on your neck No. 2 issue among Independents in ‘‘the Internet gives people a platform to do with the force and effect of a guillotine. most of the things they need to do on a PC America was violence, violence in the The editorial in the Wall Street Jour- schools. without a cumbersome and expensive oper- nal probably sums it up best of all. ating system.’’ Our President last week suggested we Judge Jackson, infinitely wiser about such There is no question my colleagues live in a very violent society, when in matters now that he knows how to use his from the other side of the aisle—or fact violence is down substantially in computer, has an astonishing two fold re- should I say their political machinery our country. It is true that it is. We sponse to the emergence of Web-based serv- as expressed by—I don’t want to call have come off a very violent year, but ers. First, he contends that ‘‘Windows has re- them outbursts, but certainly the ex- over the last 7 years the average rate tarded, and perhaps altogether extinguished’’ pressions of our Attorney General, the server threat. That contention has a of acts of violence is dropping, in the Janet Reno, are best summed up when broad sense. Yet we have had some of surreal quality: Judge Jackson describes an they discussed the Microsoft case this event that never actually happened but, if it these tremendously public-attention- had happened, it would have crippled com- morning in the Wall Street Journal. gathering events that caused the petition. The same dialetic creeps into his Here is their concluding paragraph: American public to be concerned, as anecdotal chronicle of Microsoft’s persecu- But let’s get to the real bottom line. Wash- they are. tion of Intel, Apple, and Compaq, as well as ington’s crusade against Microsoft has ful- Of course, the issue I want to speak Microsoft’s supposed market-splitting with filled its purpose, serving as a great lever to briefly about this morning is the ques- Netscape. ‘‘OK, so this thing Microsoft tried pry open the wallets of the Silicon Valley. tion of how we fix this violent expres- to do never did materialize. The other guy Where three years ago the technological plu- never agreed to it and ultimately he did tocrats spent their surplus income on racing sion in our society. Last week, the what he wanted. But what a hobbling impact yachts and Ferraris and charity, now they President, Janet Reno, and AL GORE on innovation if things had gone otherwise.’’ patriotically send donations to Washington said there is a quick and easy way to Judge Jackson’s second justification for dis- to support the fixer class and its retinue in fix it: We just need to pass a few more counting Web-based servers is even stranger. the style to which it would like to become laws; gun laws, that is. We need to add He claims that viable competition from serv- accustomed. to the 25,000 to 30,000 gun laws that are er-based applications ‘‘is not imminent for at Steve Case of AOL, who happens to already on the books. If we do that, we least the next few years.’’ His projection is be on the other side of this issue, rec- will make America a safer place in surely too conservative. Venture capitalists report that they ognizes the problem, though. He says which to live. Or at least we will say, haven’t seen a business plan for conventional the future of technology will be de- politically, to meet the polls the Wash- packaged software in more than six months. cided in the political arena rather than ington Post presented to us on Sunday, Mr. McNealy predicts that fewer than 50 per- the marketplace. My guess is, if that is that if we pass the laws, the public at cent of the devices accessing the Internet true, your computers will not be work- least will think America is a safer will be Windows-equipped PCs by the year ing as well tomorrow as they are workplace in which to live. By that, we will 2002, just a little over two years from now. ing today. be able to curry their political favor in Mr. McNealy has put Sun Micro systems’ I came to the floor this morning to money where his mouth is—acquiring Star the next election. Division so he can convert its Star Office join with my colleague from Wyoming, If gun laws make America a safer product into a free, Internet-based service not to discuss the Microsoft case; that place, then what happened in Hawaii that can be run directly by any user with is going to get played out over time, should not have happened; what hap- any Web browser. and I think we are going to have a Fed- pened in Seattle should not have hap- But more important, Judge Jackson’s ‘‘not eral judge who will try to run the tech- pened; what happened in Littleton, CO, imminent for a few years’’ forecast has to be nology business of this country. Maybe at Columbine High School, should not placed in context. He plans on issuing his we need to decide to start a new agency have happened—because there are laws conclusions of law in this case early next of our Federal Government called U.S. to stop that. Mr. President, 13 laws year. Then a hearing on remedies in the spring, with a possible summer decision. Department of Microsoft. If it is as were violated, tragically, by those two Then we can expect a year or so before the profitable as Microsoft, maybe we can young men who later took their lives United States Court of Appeals finishes its make a lot more money without taxing at Columbine High School in Littleton, review. Then another year for the Supreme the American public to allow our Dem- CO, after they had killed so many of Court’s deliberations. Finally, even if Micro- ocrat colleagues on the other side of their classmates. But there was a law soft loses at each stage and remedies are im- the aisle to spend it. to stop them. Then why did it happen? posed, they will not be effective overnight. Certainly Microsoft is now making as I do not know the answer to why it In other words, the market will certainly much as $1 billion a month in cash to happened. I do know they broke a lot of have obviated any remedies before they can have an impact. spend. It is obvious somebody else laws to cause it to happen. Yet our Meanwhile, Microsoft behaves not like a wants their hands on that or wants to President last week, and the Vice monopolist but like a company whose every break up that very profitable business. President, and the Attorney General survival is at stake. Its prices are down and f said give us more laws and the world its technology is struggling to keep pace will be a safer place. We have all been with an explosion of fresh software products. VIOLENCE IN AMERICA on this floor discussing, for well over a Facing competition from new operating sys- Mr. CRAIG. Mr. President, what I year, our frustrations with problems tems, consumer electronics, and Web- came to the floor to talk about is a with our culture, problems with our basedservers, Microsoft now operates in a combination of issues that come to- world where anyone running a browser will public schools. People are acting out soon have the same capabilities as today’s gether in the issue of violence. We their frustrations in violent ways by Window users. That is why the government watched the great tragedy as a fellow taking other people’s lives. My guess should keep it’s hands off. entered a workplace in Hawaii the is, you cannot legislate a fix on that Mr. CRAIG. Mr. President, one edi- week before last and killed some of his one. torial is by Robert Levy, a senior fel- coworkers. Last week in Seattle, an- There are other problems within our low of constitutional studies at the other man went into a business and society that have to be addressed. So CATO Institute. He starts his op-ed shot and killed individuals. All of us, let me focus for just a moment on Ha- piece: as Americans, are tremendously frus- waii. There, we all know what hap- trated by this expression of violence or pened. The fellow has been caught. We Here’s the lesson that high-tech companies can glean from Judge Thomas Penfield Jack- people seeming to want to solve their all know now he probably, during that son’s findings in the Microsoft case: If you’re personal problems by acting in a very act, was mentally incompetent, men- sufficiently ambitious, competent, and hard- violent fashion. The Washington Post tally in trouble, mentally deranged. working; if you’re willing to risk your time poll on Sunday showed that the No. 2 But his actions cost lives.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28950 CONGRESSIONAL RECORD—SENATE November 8, 1999 His actions happened in a unique en- We all know we have citizens in our to drop violence in America. Do not vironment, though. Hawaii has more country who act out their frustrations give the American public a political gun laws, to control gun ownership and in violent ways. It is tragic that we be- placebo by simply passing another law. gun usage, than any other State in the lieve we can simply turn to Congress I thank my colleague from Wyoming, United States. So would logic not fol- that will pass a law and, therefore, the and I yield the floor. low, at least the logic of the President violence will go away. The PRESIDING OFFICER. The Sen- and the Vice President and the Attor- Are the President and the Vice Presi- ator from Wyoming. ney General, if that were so, Hawaii dent and the Attorney General trying Mr. THOMAS. Mr. President, I thank should have been a terribly safe place? to hide something? Are they trying to my friend from Idaho. Certainly, this is Hawaii is the only State in the Nation hide the fact that during the Clinton one of the issues that is contentious where you not only register every gun administration arrests and prosecu- and will, I suppose, be debated some you have with the local and State au- tions of citizens who violate Federal more. I agree with the notion we need thorities, you also register the bul- firearms laws has dropped by over 70 to do something more than passing lets—you register the ammunition. percent? more laws. It has no evidence of suc- Somehow, politicians in the State leg- Is the President trying to mask the cess. islature in Hawaii thought that would fact that the Puerto Rican terrorists to f make Hawaii a safe place—the only whom he offered clemency were viola- INTERIOR APPROPRIATIONS BILL State in the Nation. tors of Federal firearms laws and they It just so happens, Janet Reno and killed American citizens? Mr. THOMAS. Mr. President, one of AL GORE and the President want us to Is this President, once again, trying the bills currently being considered, do the same in this country. But it did to throw up a political smokescreen by and is very important to the West par- not stop the individual who killed his simply saying we need more laws ticularly, is the Interior funding bill, colleagues in Hawaii. against the use of guns or the owner- the bill that funds the Interior Depart- How about a permit to purchase? Of ship of guns or the second amendment ment, national parks, the Bureau of course, that is exactly what some of rights when he, the President, in my Land Management, Fish and Wildlife our colleagues would want here. Hawaii opinion, has violated the intent of the Service, and others. It is relatively requires a permit to purchase any kind laws as they now stand? If you do not small compared to others. It is around of gun—not just one permit for mul- use the law, if you do not prosecute $13 billion, $14 billion. I never thought tiple purchases but a permit for every under the law, if you do not enforce the I would suggest that is small, but com- purchase—and a full background check, law, then the laws are no good. pared to $360 billion it is relatively and the requirement that you must be That is the message I send to Bill small. at least 21 years of age to own a gun. Clinton today: Mr. Clinton, look at It has been tied up for a number of What about assault pistols and Sat- your own record. Your own Attorney reasons. It has to do with the so-called urday night specials and all those General has let it be known to U.S. at- land legacy the administration has kinds of buzzwords about guns that torneys around the country that it is been pushing recently, the idea of pur- have become villains here on the floor not worth their time to go after viola- chasing a great amount of land that for political purposes? All of those are tors of Federal firearms laws. has something to do with S. 25 that outlawed in Hawaii. It is against the There is a great program down in will bring in dollars from the Outer law to own them. It is against the law Richmond, VA, where a Federal pros- Continental Shelf royalties to be used to have them. All of that is the law in ecutor said to the local police: You ar- in this area. Hawaii. The man who did the killings rest them and I will throw them away, The controversy is over the purchase in Hawaii had met all of the require- I will put them behind bars if they use of additional lands. There are some ments of the law. Yet the law did not a gun in the commission of a crime. good things about S. 25—taking some protect the citizens whose families now Crime dropped precipitously but, more more money from oil royalties and mourn their death. How about high-capacity magazines? important, crimes with a gun involved using them for parks. I am chairman of That was a fully debated issue here on dropped dramatically. One fellow was the Parks Subcommittee, and I met the floor of the Senate this past year. arrested at a 7–Eleven with a stick, and this morning with the new advisory committee that will be focusing on I was on the floor with Senator HATCH after he was arrested, the local police concessions. The parks are more and and Senator LAUTENBERG on that issue said: Why are you robbing a 7–Eleven after Littleton. It is against the law in with a stick? more in demand, more and more people Hawaii. He said: Because if I used a firearm, are coming to them, and more and Then there are the restrictions on they will lock me up down here. more people are taking advantage of places of possession, where you simply Mr. President, Bill Clinton, don’t you the parks, one of the legacies of this cannot have a gun: A business; you get the message now? We have plenty country. We are having problems with can’t travel with one, only in the own- of laws on the books if we had an At- the upkeep of the infrastructure that er’s home and in very restricted places; torney General who was a real cop, a must be done to preserve historic and or if you are traveling from the home supercop, a tough person who was say- natural values. I support that. to the firing range or the pistol range ing to her U.S. attorneys: Let’s put The park system, of course, has to be for target practice, you may have a them behind bars if they use guns; let’s part of another section of parks, and gun on your person. Those are tough throw those kids out of school who that is local and State parks. National laws in Hawaii. Yet people are dead. Of take a gun to school. They do not have parks are not designed to provide all course, I mentioned transportation and the right to be in our schools if they the services that people need. In com- the restriction on transportation. All are putting the rest of our kids in jeop- munities, these are local responsibil- of those are parts of the laws that ardy. ities. Ball parks, for example, are put guard citizens against the violent acts Last year that happened over 3,000 in by State and local parks. So they, of others with the use of a firearm in times and only 13 were prosecuted. too, need additional funding. the State of Hawaii. Sorry, Mr. President, sorry, Mr. Vice One of the interesting areas, particu- The President, the Vice President, President, sorry, Ms. Attorney Gen- larly those in the West where they do a and the Attorney General seem not to eral, passing laws does not a safer great deal of wild game hunting, is a understand that or, if they do, they world make. Enforcing the ones we thing called teaming for wildlife. In arefinding another reason to express a have, being concerned about the cul- our State, for example, the funds that need for greater gun control in this ture, being concerned about the kids, go to the game and fish department country. I am not sure what that need their parents, and their educators in a come from the purchase of licenses for is. We all know our citizens are con- way that not only makes a safe school game animals. They spend a great deal cerned about violence. but makes a concerned citizen is going of their time dealing with animals that

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28951 are not game animals that are threat- ing to get out of here in 3 days, in fact. that decreed education cannot be sepa- ened, endangered. The fact is, it is possible. rate and be equal, the same court that The problem, however, is the admin- There are really only about three set precedence for the cleansing of istration insists on having $1 billion a bills that need to be determined. Ev- Government by its overview of Water- year to spend as they choose to buy eryone knows what changes need to gate—this same U.S. Supreme Court land. This week, we had a hearing on befocused on, what kind of concessions has set forth a standard as to how abor- the Forest Service setting aside 40 mil- need to be made on both sides to make tion in the United States is legal. That lion acres by fiat, by administrative this happen. Usually, as we come down is the final word, what the Supreme decree, to be used for de facto wilder- to the end, it is amazing how quickly Court says in our country. Whether one ness, if they choose, when under the some things can be done as opposed to agrees or disagrees, it is the law of this law clearly to set aside land of that when they just stretch out in the fu- Republic. kind is the responsibility of the Con- ture. But some are unwilling to follow the gress. So our goals are to have no Govern- law of the land. They think they know We are having increasing difficulty ment shutdown—certainly that is the better. This has led to violence, van- with that. I do not know whether it is Republican position for the rest of this dalism, brutal protests at legal clinics driven by the President’s desire to have year—we are settled on not having any established to deal with a multitude of a legacy, to be a latter century Theo- new taxes to finance this year’s new female-related health problems. In the dore Roosevelt, or whether it is the en- programs—we certainly have an ade- last 20 years, there has been an average vironmental aspect of the Gore cam- quate amount of money—and we are of 40 of these acts each week—bomb- paign. The fact is, the White House is committed to paying down the publicly ings, arsons, death threats, not a monarchy; it does not decide to held debt and to protecting the Social kidnappings, murders, tires slashed, oil do these things individually. There has Security surplus. These are the kinds drained from cars, sugar put in gas tanks, blood splattered on people’s to be a cooperative arrangement with of things I think everyone can agree homes and sidewalks and places of the Congress, whether it is purchasing upon if we can get to it this time. business. There have been 38,000 acts or whether it is assigning different des- Mr. President, I yield the floor and during less than two decades—38,000 ignations to land. That is the way it is, suggest the absence of a quorum. acts of terrorism. and it needs to be preserved in that The bill clerk proceeded to call the I am going to talk now about some fashion, in my judgment. roll. examples of these terrorist acts. For We need to move forward with the In- Mr. REID. Mr. President, I ask unan- example, people who work in entities, terior bill. It is one of about three bills imous consent that the order for the such as Planned Parenthood clinics, that remains out of the 13, which is quorum call be rescinded. face acts of violence, threats, intimida- kind of surprising because it is one The PRESIDING OFFICER (Mr. tion. In 1998, at just such clinics, there upon which most people here agree. HOMAS T ). Without objection, it is so or- were multiple murders, bombings, and There are a couple of things in it that dered. arsons, a score of butyric acid attacks. are being used which I think are not re- f That is a chemical compound that alistic. One has to do with permits for TERRORISM AND ABORTION burns and leaves an awful smell. Anti- grazing on Forest Service lands. choice violence and terrorism is wors- Mr. REID. Mr. President, last Thurs- Ranchers in the West—they have their ening. It should be stopped. Dr. Dixon, day, I was reading the morning news- base lands, of course—use grazing so we who I have never met, who many read paper in Washington when I came can have multiple use of public lands about last Thursday, which caused me across an article describing for, lack of and forests, have grazing leases. In to begin thinking about this issue, a better description, the emotional order to renew those leases, there stated in a letter: stress of a doctor, Steven Dixon. Dr. needs to be a study. No one argues with It is ironic that I am a target, because my the idea there needs to be a study. Un- Dixon, after a lifetime of study and entire career has been about educating and fortunately, they have not been able to sacrifice, indicated he was going to empowering women to help prevent unin- keep up with the number of studies give up the practice of medicine. Why? tended pregnancies. While I have always sup- that need to be made, and so the study Because terrorists had broken his 40- ported a woman’s right to have this legal is not made before the permit expires year-old spirit. This 40-year-old doctor procedure, I actually performed few abor- and the Federal Government says: decided he wasn’t going to practice tions for my patients. In fact, I stopped per- medicine anymore. His will to work forming them because of the stress associ- That’s too bad, you’re out of luck; take ated with this terrorism. Sadly, the ongoing your cows and go home—when it has had been broken. threat to my life and my concern for the nothing to do with the permittee hav- Dr. Dixon maintained a medical prac- safety of my loved ones has exacted a heavy ing not gotten the job done. tice in the downtown DC area. Dr. toll on me, making it necessary that I dis- What this amendment to the Interior Dixon, by training, was certified to be continue practicing. bill says is the permit will be renewed an obstetrician/gynecologist. In his I don’t know Dr. Dixon, never met for a period of time until this study practice, he helped women with a mul- him, never talked to him. But those can be made. If the study is made and titude of medical problems—basic who threaten Dr. Dixon are cowards, there have to be changes, then there checkups, physicals, and problems terrorists, no different than the people can be changes. That is held up some- unique to women. On occasion, he ter- who blew up the New York City Trade how by the White House, and they are minated pregnancies. What did these Center. They are murderers. These kill- making a big thing and separating that people do to run Dr. Dixon out of the ers and would-be killers and terrorists out. practice of medicine? They distributed call each other patriots. The true pa- The other is on oil royalties. We wanted posters with his name and pho- triots of this Nation are those who worked a long time trying to get fair- tograph like those you see in the post have given their all in the fields of bat- ness in oil royalties, taking out some office. He received numerous threat- tle, places called the Bulge and the of the charges and costs before the ening phone calls to his home and his beaches of Guadalcanal, Pork Chop Hill Government takes over, and percent- office. Various threatening mail was in Korea, and in Vietnam. And many age of royalties. We have not come to sent to his home and office. These are people who haven’t given their lives an agreement. This simply says, let’s some of the things that happened to have sacrificed a great deal. Many set it aside until the Congress and the Dr. Dixon. serve in this Chamber. Under our sys- executive department can come to- In the United States, the highest tem of government, which has been in gether. Again, not a willingness to court in the land, the U.S. Supreme existence for more than 200 years, the work in a team fashion. Court, the same court that established law of the land can only be changed by I am hopeful we can get by those the way commerce is conducted be- peaceful political means, through per- kinds of things this week. We are aim- tween the 50 States, the same court suasion, debate, demonstrations that

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28952 CONGRESSIONAL RECORD—SENATE November 8, 1999 are peaceful in nature, grassroots polit- him outside a health clinic in Pensa- six more anthrax threats were sent to ical activity, the assertion of one’s cola, FL. clinics. Although some clinics were feelings at the ballot box, but never, The two victims were shot with a 12- closed and staff decontaminated, all of never, through violence and intimida- gauge shotgun. Before the shootings, these threats turned out to be hoaxes. tion. What is now taking place in our Reverend Hill had been previously ar- Bombs were discovered at two clinics country by these zealots is despicable. rested for his activities where he advo- in North Carolina about a year ago, Why do I say what I have said? Why cated continual use of force. less than a month after these clinics do I conclude this? Let me travel a lit- Dr. David Gunn, a physician, was had been damaged by arson. tle bit. Remember, we have 38,000 of murdered during a protest at a Pensa- Between May and July of last year, these terrorist acts, and I am going to cola clinic. Wanted posters featuring 19 clinics in Louisiana, Florida, and talk about a few of these demonstra- Dr. Gunn’s photograph, telephone num- Texas were vandalized with butyric tions of viciousness. A manual has been ber, and schedule were distributed at acid, that I have already talked about, produced by a group called the Army of an Operation Rescue rally in Mont- which is a noxious industrial chemical God. It is a manual directing there to gomery, AL, and other places. which sent people who happened to be be no trial, no jury, no appeal, no stay Dr. George Tiller, who was a target in the area to hospitals, including pa- of execution. Their clear declaration is of violence and blockades for many tients and staff members. They went to kill abortion doctors and people as- years, was shot in both arms. there with respiratory problems, nau- sea, and sickness. Clinics were closed sociated with abortion clinics—kill Finally, in Wichita, KS, a person for days while they tried to get the whoever they decide should be mur- charged with a shooting who had been arrested on previous occasions for tres- smell out of their facilities. dered. Shortly after the clinic bombings in Doctor Barnett Slepian. I didn’t real- passing and blockading clinic en- Atlanta and Oklahoma, an Oregon phy- ize this until after the murder had trances praised the man who murdered sician, Peter Bours, received a letter Dr. Gunn. taken place, but Dr. Slepian’s niece which demanded $50,000 in cash and I was the first person to come here worked for me here in Washington. She threatened, ‘‘The bombings in Atlanta and speak out on the Senate floor is now a writer of some acclaim. She and Oklahoma are a warning,’’ and in- about Dr. Gunn’s murder, which I had an article published in the last dicated that those who do not comply thought was sickening. issue of George magazine. She is from to our demands will be destroyed. Reno, NV, and is a wonderful young Neal Horsley, a militant and founder The FBI arrested a man by the name lady. Dr. Barnett Slepian was shot and of a group called the Creator’s Rights of William Kitchens. When they ar- killed by a bullet that came through Party, has developed a web site enti- rested him, they discovered a book in his kitchen window at the same time tled ‘‘The Nuremberg Files.’’ The site his kitchen on extortion and kidnap- the doctor was having dinner with his was designed to ‘‘collect evidence.’’ ping. family in his kitchen. After this brutal This so-called ‘‘evidence’’ lists clinic Within 2 weeks of Dr. Britton’s mur- murder, this cowardly act, his death staff members, law enforcement offi- der in Pensacola, FL, the last remain- was mocked publicly. His murder was cers, judges, and politicians for use in ing doctor then providing advice in commended by some groups. The kill- future trials ‘‘for their crimes.’’ Re- Mississippi, Dr. Joseph Booker became er, even though identified, has not been member that they work in legal clin- the target of a ‘‘No Place to Hide’’ apprehended. ics. The site seeks and lists personal campaign. The campaign’s leader, Roy In Birmingham, AL, at a health clin- information such as photos of them McMillan, signed a petition advocating ic, there was a bomb blast which killed and their families, their houses, their the murder of Dr. Britton and others. the security guard who was there, a cars, their driving records, license According to physician Pablo Rodriguez, man by the name of Robert Sanderson. plate numbers, names and birth dates ‘‘[i]n the beginning, the harassment con- He was a police officer trying to make of individuals, and even the birth dates sisted of just nasty letters and graphic pic- some money on the side. Emily Lyons, of their family. tures. Then I began receiving strange pack- a nurse, was severely injured and left A legend accompanies this list of ages with dolls inside, as well as subscrip- nearly blind and with medical bills of names under a banner where there is a tions to gun magazines. . . . Then the ‘‘Wanted’’ posters with my picture on them almost $1 million. Eric Robert Rudolph simulation of dripping blood. The leg- began to appear. . . . Then the doors and has been charged with this attack. He end indicates the degree that this so- locks to our clinic were glued several times, is the man who is being chased through called Creator’s Rights Party wants to and protesters blockaded the clinic three the hills in the south, someplace in place these people. There is a black times. . . . Just after Dr. Gunn’s death, . . . North Carolina. He is one of the FBI’s font for people who just work there. I realized that my car was steering poorly. I Ten Most Wanted. He is yet to be Then it becomes gray when somebody checked my tires and found 45 nails embed- found. has been wounded. Their name isn’t ded in them. . . . That evening, my wife completely stricken but partially painfully discovered with her foot that our In December of 1996, Dr. Calvin Jack- driveway had been booby-trapped with roof- son was stabbed many, many times. He stricken when they have been wounded ing nails cleverly buried beneath the snow. lost at least four pints of blood, and by one of these terrorists. But if some- . . . My home, my haven of safety—vio- one ear was severed. His assailant was one is killed, like Dr. Slepian, there is lated.’’ apprehended a few hours later, after an immediate strike through. They are Shortly after Operation Rescue tar- entering another clinic carrying a stricken off the list. geted physician Frank Snydle as part filleting knife. Last year, about a year ago, at a of its ‘‘No Place to Hide’’ campaign, his John Salvi—at about the same time Planned Parenthood clinic in Mil- 80-year-old mother received a tele- this Jackson matter took place—was waukee there was an envelope received phone call that was false and mis- tried for two murders of clinic recep- in the mail. Inside the envelope was a leading and a prank at 3 a.m. in the tionists, people who were secretaries— bomb constructed of two batteries with morning telling her that her son had Shannon Lowney and Lee Ann Nichols. wire wrapped in modeling clay. These been killed in a car accident. He attempted to kill five others. He bombs didn’t work. But the message A Dallas physician by the name of fired bullets into these clinics in written on white paper stated that the Norman Tompkins and his wife re- Brookline, MA, and Norfolk, VA. next one might be real. The next day, ceived hundreds of phone calls and It is hard for me to say this, but a Milwaukee’s Affiliated Medical Serv- pieces of hate mail. The message, for Reverend, Rev. Paul Hill, a well-known ices received a similar mailing. example, left on Dr. Tompkins’ answer- protester and director of the anti- A week after the murder of Dr. ing machine stated, ‘‘I’m going to cut choice group called Defensive Action, Slepian, four clinics in three States re- your wife’s liver out and make you eat was convicted in the fall of 1994 for the ceived letters purporting to contain an- it. Then I’m going to cut your head murders of Dr. John Britton and a 74- thrax, which we know is the most dead- off.’’ Protesters with bullhorns repeat- year-old man who happened to be with ly strain of bacteria. A few days later, edly demonstrated at Dr. Tompkins’

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28953 home early on Saturday mornings. On through his kitchen window with one Theodore Kaczynski and mailed bombs several occasions, he has had to have a bullet through the head in front of his to people they never met. Some be- police escort to go to church. entire family. After the killing took came Henry David Thoreau and refused A 14-page ‘‘joke’’ booklet—it cer- place, a poem appeared on the Internet, to make war; others became Timothy tainly is anything but a joke—was dis- ‘‘Ode to Slepian.’’ They say the most McVeigh and made war on innocent tributed by an anti-choice group called vicious things. They have the audacity men, women, and children. Some be- ‘‘Life Dynamics’’ to more than 33,000 to quote Holy Scripture to condone came Martin Luther King and marched medical students. These so-called their act of violence and their attempt to Selma; others became James Earl ‘‘jokes’’ recommended physicians who to ‘‘coronate’’ this act of violence as Ray, the lone fanatic with a gun. perform abortions should be shot, at- something good and positive. As long as any man or woman com- tacked by dogs, and buried in concrete. ‘‘The sound of window glass shattering, a bines that mistaken belief in a higher One medical student who received the hollow thud, and a woman’s scream coming law with a conviction that they are booklet the same day Dr. Gunn was from within the house, pierced the frigid air. empowered to enforce it against their murdered stated, ‘‘To say the least, it He smiled. Hallelujah to the Lord.’’ fellow man, so long will the fringe fa- was upsetting’’—that all OB/GYNs This has got to stop. natics of the pro-life movement, mur- should be killed. Six years ago, I was first to speak der and maim and intimidate in viola- The extraordinary measures that out against clinic violence. On the day tion of the rights and beliefs of every people must take for their protection Dr. Gunn was brutally murdered in person dedicated to a just and civil so- doesn’t seem right in a country such as Florida, I said I thought that was ciety in America. ours. But physicians and other clinic wrong. I still think it is wrong. Regard- All Americans must speak out workers face the daily possibility of less of a person’s feeling on the issue of against this new American terror; to terrorism and violence in order to pro- abortion, we can’t allow this to do otherwise is un-American. takeplace. After the speeches on clinic vide women with legal reproductive Mr. DORGAN. Mr. President, Senator violence and the public’s disgust, a law CRAIG from Idaho and I, following the health services. was passed - Federal Access to Clinic In the wake of the recent killings and Senator from Montana speaking, in- Entrance Act. It was directed toward harassment of people at their homes, tend to have perhaps 15 minutes split this terrorism at clinics. It has helped. providers are resorting to extraor- between the two of us. I ask unanimous Not a great deal, but it has helped. It is dinary new measures to protect them- consent we be recognized following the a step in the right direction. presentation by the Senator from Mon- selves. Clinics are spending hundreds of Today, I am directing a letter to the thousands of dollars in bulletproof tana. Attorney General of the United States, Mr. REID. The Senator from Mon- glass, armed guards, security cameras, Janet Reno. I say to Janet Reno, I tana needs 10 minutes? metal detectors and other security de- know there is a task force dealing with Mr. BAUCUS. I will need 10 to 12 vices. Doctors are wearing bullet-proof these issues, but we in Congress need minutes. vests and some have even purchased ar- to be told what is being done. We need Mr. DORGAN. I ask unanimous con- mored vehicles to go to work. to see some results and we need to sent following the presentation of the Clinic workers have been instructed know what more can be done. We need Senator from Montana I be recognized by Federal marshals to vary their a report. for 15 minutes with the intention of routes to go to work—clinic workers, We not only have to go after those yielding some of that time to the Sen- secretaries, nurses, phone operators, people who have committed these atro- ator from Idaho. janitors—to drive to a safe haven if fol- cious deadly acts, but we need to figure The PRESIDING OFFICER. The Sen- lowed, and to call police if they receive out a program to stop them from hap- ator from Nevada controls the time. a suspicious package, as it would likely pening in the first place. We can’t have Mr. REID. I have no objection to contain a bomb. the Internet, the U.S. mail, people’s that. In Boston, MA, Dr. Maureen Paul no homes and businesses violated by these The PRESIDING OFFICER. Without longer sits on the third floor atrium terrorists. objection, it is so ordered. she built for herself as a so-called I am asking Janet Reno to give us in f ‘‘dream spot.’’ In light of Dr. Slepian’s Congress some direction, some guid- JAPAN’S MARKET OPERATIONS murder in his home, she feels too vul- ance as the chief law enforcement offi- nerable there, which, according to Dr. cer in this country. We want to know Mr. BAUCUS. Mr. President, a long Paul ‘‘really makes me angry because, what you are doing to stop these acts list of issues must be addressed in the wow, this is the space I created for me. of intimidation and violence. It is time next round of the multilateral trade I don’t get to be home very often, and these 38,000 acts are stopped. We must negotiations that kick off in Seattle in so it really disturbs me that I have to do something to stop this senseless vio- 4 weeks. Agricultural trade is at the think about getting shot in a place I lence in the land of our liberty. very top. Other issues include further love.’’ We must understand that what sepa- reducing tariffs, repairing the WTO dis- Many other clinic directors, includ- rates any pluralistic society from anar- pute settlement process, removing re- ing Director Warren Hern, installed chy is a recognition that no one has a strictions on trade and services, in- bullet-proof glass in his office and monopoly on the truth. When this creasing opportunities to sell to gov- hired private armed security guards. basic precept fails, so does the commu- ernments, avoiding measures that re- He wears a bullet-proof vest at his pub- nity. It was thus in Kosovo, Bosnia, strict the growth of electronic com- lic appearances. Stated Dr. Hern: and Rwanda, in the Germany of the merce and figuring out how to put a I walk out of my office and the first thing 1930s and America of 1861. human face on trade law consideration I do is look at the parking garage the hos- There have always been people who of the relationship between trade and pital built two doors away to see if there is knew the wishes of their Supreme labor and between trade and the envi- a sniper on the roof. I expect to be shot any Being more clearly than others. Some ronment. day, any minute. I’m in a war zone. It is became St. Francis; others burned St. There is another issue that has re- frightening and it has ruined my life. Joan. Some raised cathedrals; others ceived virtually no attention at all. These are only a few of the 38,000 acts sacked Jerusalem. Some wrote hymns Yet it is of critical importance to the of intimidation that have taken place of praise to the Lord; others wrote his United States, to most other nations, in America. name in blood. There have always been and to the world trading system itself. For example, Dr. Slepian was mur- people who knew their law was of a I refer to the problem of Japan, the dered. Keep in mind, his murder oc- higher moral value than the laws of so- second largest economy in the world. A curred while he was having dinner with ciety in which they live. country where the markets for our his family in his kitchen. Somebody Some became Gandhi and led goods and services remain far more with a high-powered rifle shot him marches to the sea; others became closed than they should be.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28954 CONGRESSIONAL RECORD—SENATE November 8, 1999 The sense-of-the-Senate resolution I ization efforts would have been further mit in Seattle, WA. We want that trade am introducing today, along with Sen- along but for Japanese opposition at summit, the initiation of a new round ator GRASSLEY, urges the administra- APEC. Now, Japan is trying to hide its of trade talks, to be as productive as tion to pay much more attention to protectionist policies behind the ban- possible for this country and especially Japan in the next trade round than was ner of the ‘‘multifunctionality’’ of agri- for this country’s family farmers and the case in the past. culture. That is, they claim that farm- ranchers. I want the administration to work ing plays an important role in a coun- In recent years, we have seen the re- overtime to ensure that Japan makes try’s social and cultural fabric, trade sults of our trade negotiators negoti- commitments that will genuinely open liberalization cannot interfere. Of ating trade agreements in secret its markets. And the administration course, farming is integral to the social around the globe and developing the must then ensure that Japan meets fabric of many nations, including our conditions under which we trade goods those commitments. Paper agreements own. But that is not an excuse for and services. Family farmers and will not suffice. Agreeing to broad prin- trade protection and making other ranchers largely have discovered they ciples is unacceptable. Negotiations in countries pay those domestic social have been given short shrift and not the next trade round must lead to clear costs. treated very well. In fact, their rem- results in Japan. There must be mean- At the same time, Japan is playing a edies to attempt to confront unfair ingful, measurable change in the way leading role in criticizing United trade arrangements were taken away. Japan’s markets operate. States trade laws and in working with They discovered that in many cases the Historically, the relationship be- other countries to challenge our anti- competition they face in the market- tween multilateral and bilateral trade dumping and countervailing duty laws place for agricultural goods was unfair commitments made by Japan, and then in the next round. Some speculate that competition. They discovered foreign whether there is actual change in Ja- this is just another attempt to under- markets were still closed to them, with pan’s markets, has been tenuous, at cut American initiatives in the new little promise of them being opened. best. The American Chamber of Com- round. Japan could, and more impor- We decide this time that the round of merce in Japan, in its report ‘‘Making tant Japan should, take a leadership trade talks that will begin with the Trade Talks Work’’, documented this role in a number of areas. After all, few WTO in Seattle would be different. So problem of implementation and re- countries in the world have benefited Senator CRAIG and I convened a caucus, sults. more than Japan over the past half the WTO Trade Caucus for Farmers and In the Uruguay round, Japan did not century from an open world trading Ranchers. We called our colleagues in have to make the kind of significant system. the House, Congressman Simpson and changes that were required of many Japan could take significant steps to Congressman Pomeroy, and, with the other major trading countries. Includ- make its regulatory system more four of us as cochairs, created an orga- ing the United States. Even where transparent and less burdensome. They nization in Congress that has nearly 50 Japan agreed to open its market, such could table a broad based services lib- Senators and Congressmen, to try to as the rice market, the out-of-quota eralization proposal that would encour- establish, a set of objectives that will tariff rate is still in the range of 500 age others to follow. Japan could lead be helpful to family farm interests in percent. That is not a misquote. It is the effort to put more transparency this country for our trade ambassador Five Zero Zero, 500 percent tariff on into the government procurement and our trade negotiators to follow. rice coming into Japan from the agreement. It could lead on electronic Mind you, we are not simply focusing United States. I am worried that in the commerce. And, of course, it could deal on the issue of family farmers. We next round, the Japanese Government with those agriculture policies that are want our trade talks to be fruitful to will be able to minimize the commit- at the top of the agenda. our country and our economy as a ments they make. And then, in a This resolution calls on the adminis- whole. But we believe very strongly, uniquely Japanese way, they will be tration to focus on Japan in the next representing rural States, that family able to minimize the implementation round, to set out specific expectations farmers have been hurt by recent trade of those commitments and obligations. for the changes desired in Japan, to en- agreements and that ought not be the In earlier trade rounds, Japan agreed sure that Japanese commitments made case. Trade arrangements and trade ne- to the GATT Government Procurement in the round will truly lead to change gotiations ought to help our producers, Code. But the United States found that in the Japanese market, to work with not hurt them. So our caucus—again, we had to negotiate special bilateral other major nations to ensure that nearly 50 Senators and Congressmen agreements with Japan in order to get these changes occur, and to consult strong—Republicans and Democrats genuine access to their government closely with Congress and the private working together, established a set of market. We negotiated multiple ar- sector, including manufacturers, agri- objectives. Those objectives we have rangements on computers, supercom- culture, service providers, and NGOs, used in meetings with the trade ambas- puters, telecommunications equip- throughout the negotiations. sador and with the Secretary of Agri- ment, medical equipment, and sat- I hope my colleagues will join me in culture and others, and many of us will ellites. Even with these arrangements, helping ensure full participation by in fact go to Seattle the first week of access to Japan’s market has still been Japan in the round and in ensuring December and be present at the initi- a major problem in many of these that we will benefit from Japan’s com- ation of these trade talks, trying to areas. The GATT system has not mitments. press the case that this time family worked well here. In the Uruguay I yield the floor. farmers and ranchers across this coun- round, we were so focused on other The PRESIDING OFFICER. The Sen- try must not be given short shrift in problems, especially in Europe, that we ator from North Dakota. the trade talks. missed a lot of opportunities with Under the previous order, the Sen- I would like to go through a couple of Japan. I am concerned that the same ator from North Dakota is recognized charts that describe the seriousness of thing may happen again. I certainly do for 15 minutes. the situation we want to confront with not want to take away from the focus f this trade agenda. Here is a chart that on agriculture and other priorities we shows what has happened to our trade have for the next round. But I want to THE UPCOMING WTO TRADE deficit. We are beginning a new round be sure that we do not let Japan off SUMMIT of trade talks at a time our trade def- again. Mr. DORGAN. Mr. President, I am icit is going through the roof, $25 bil- Japan seems now to be working over- pleased to come to the floor today lion in a month in trade deficits. That time to protect its trade-distorting along with my colleague from Idaho, is very serious. That is the highest policies in agriculture, forestry, and Senator CRAIG, to discuss objectives we trade deficit anywhere in history, by fishing. The Advanced Tariff Liberal- have for the upcoming WTO trade sum- any country, any place, any time.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28955 What is happening with imports and common purpose is to say: Farmers agreement which required tariff reduc- exports? This chart shows that imports and ranchers around this country work tions of some 36 percent, the average keep going up, up, and up, while ex- hard, and they do their level best. They bound agricultural tariff of WTO mem- ports are basically a flat line. That is, raise livestock and grain and they do a bers is still 50 percent. In contrast the of course, what is causing our trade im- good job. They can compete anywhere, average U.S. tariff on agricultural imbalance. any time, under any condition, but ports is less than 10 percent—50 percent Just on agricultural trade alone, in they cannot compete successfully when versus 10 percent on the average. Those the last couple of years, we have had a the rules of trade are unfair. are the kinds of relationships we have very healthy surplus in agricultural That, sadly, too often has been the to see brought into balance and cor- trade that has shrunk, and shrunk, and case, and we intend this time in this rected. shrunk some more. This is a chart that WTO round to see that is no longer the The United States spends less than 2 spells out the difficulties family farm- case. We want these negotiations to percent, $122 million a year, of what ers now face—the rather anemic ability bear fruit—bear grain, actually, now the European Union spends on export to export to other countries. We are that I think about it, from my part of subsidies. They spend $7 billion a year, not exporting as much as we used to, the country, but fruit for others. We buying down the cost of their product and there is a substantial amount of want these negotiations to work for to present it into a world market. In increased imports in food products our family farmers and ranchers. fact, the European Union accounts for from abroad. Bipartisan work in Congress does not 84 percent of the total agricultural ex- Finally, let me take it from the gen- get very much attention because there port subsidy worldwide. Subsidized for- eral to the specific, to say one of the is not much controversy attached to it, eign competition has contributed to burrs under my saddle has always been but there are many instances in which the nearly 20-percent decline in U.S. the trade with Canada. It is fundamen- we work together across the aisle. This agricultural exports, as Senator DOR- tally unfair. This chart shows what has is one. A bipartisan group of 50 Mem- GAN so clearly pointed out on his happened with our agricultural trade bers of the House and Senate are work- charts a few moments ago. That dramatic reduction in the agricultural balance with Canada. The United ing together for a common objective: trade surplus from a $27 billion surplus States-Canadian trade agreement and to improve conditions in rural America for us in 1996 to just $11.5 billion this NAFTA turned a healthy trade surplus as a result of the upcoming WTO round year says it very clearly. We have to do with Canada in agricultural commod- of trade talks. I am very pleased to something on behalf of American agri- ities alone into a very sizable deficit. have been working with my colleague, culture to allow them a much fairer ac- That is the wrong direction. In durum Senator CRAIG, from the State of Idaho. I yield to the Senator from cess to world markets. wheat, in the first 7 months of this Those are the issues we think are so year compared with the first 7 months Idaho. The PRESIDING OFFICER. The Sen- critical as we deal with our world trad- of previous years, which themselves are ator from Idaho. ers in Seattle. Nontariff barriers have an all-time record, you will see once Mr. CRAIG. Mr. President, I thank become the protectionist weapon of again we continue a massive quantity Senator DORGAN for outlining the in- choice particularly for the products de- of unfair trade coming in from Canada. tent of the effort underway by the Sen- rived from new technologies, as Cus- I simply tell my colleagues this to ator, myself, and 49 other colleagues. It toms tariffs are lowered. U.S. nego- explain that we have serious challenges was Senator BYRON DORGAN who ap- tiators should prevent our trading in this trade round. The caucus that we proached me on the idea of creating partners from making crops and other have established created some objec- aWTO caucus to elevate the interests foods produced with genetically modi- tives on behalf of farmers and ranchers, of agriculture in this up-and-coming fied organisms into second-class food under the heading of Fair trade for ag- round of the WTO planning session in products. Yes, we have to do a better riculture at the WTO conference: Seattle in December. job of convincing the world of our tre- Expand market access. Too many I thank him for that vision. It has mendous scientific capability. At the markets around the world are closed to been fun working with him as we have same time, they cannot arbitrarily be American farmers and ranchers who created what I think is—sometimes used as a target for nontariff barriers, want to compete. Expand access, elimi- unique in the Congress—a bipartisan, as will be argued or debated in Seattle. nate export subsidies. Those are trade- bicameral effort where we are all That is a collection of many of the distorting. standing together on a list of items and issues with which we are going to be The fact is, we are barraged with ex- issues we know are key for American dealing. It is so important America port subsidies in multiples of what we agriculture. The Senator has outlined recognizes the abundance of its agri- are able to do. We ought to eliminate those on which we came together in a culture and the unique situation we export subsidies—the Europeans, espe- consensus format that we think are find ourselves in a world market today cially, are guilty of massive quantities critical, that we presented to our Trade where we have had the privilege, of export subsidies. ambassador and to our Secretary of through the productivity of America’s Discipline state trading enterprises. Agriculture. farmers, to lead the world. We now do These are sanctioned monopolies that Market access—we know how criti- not lead when it comes to agricultural would not be legal in our country. The cally important that is; export sub- exports but we will search to cause it Canadian Wheat Board, especially, en- sidies and how they are used or used to happen, through the openness of the gages in unfair trade. against us; State trading enterprises marketplace, through the fairness of Improve market access for products and their ability to mask the reality of competition we know American agri- of new biotechnology. subsidies from products that enter the culture, given that opportunity, can Deny unilateral disarmament; that marketplace in a nontransparent way; offer. is, do not give up the tools to combat nontariff barriers that are used to Again, I thank Senator DORGAN for unfair trade; and do not give up the do- block the movement we want to see in his cooperativeness and the ability to mestic tools to support family farmers. certain trade efforts. work together with our colleagues We have a substantial list on our All of these are the issues we have MIKE SIMPSON and EARL POMEROY from agenda. Rather than go through all of presented and because of our effort col- the House and, as Senator DORGAN this, I want to yield to the Senator lectively, we have caused the Secretary mentioned, the Senator from Wyoming from Idaho in a moment, but let me of Agriculture and the Trade ambas- who is presiding at this moment. All of also say the Presiding Officer, the Sen- sador to suggest that No. 1 on the agen- these are tremendously important and ator from Wyoming, is also involved in da of America’s negotiators at the critical issues for our home States and this caucus, as are many others, Re- WTO will be agricultural issues. for America at large. The abundance, publicans and Democrats, working to- Why are we concerned about it? Here the productivity of American agri- gether for a common purpose, and that is an example. Even after the Uruguay culture hangs in the balance. To the

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28956 CONGRESSIONAL RECORD—SENATE November 8, 1999 consumer who walks in front of a su- NON-TARIFF TRADE BARRIERS the world had come down to a 20-per- permarket shelf every day to see such Ensure that science and risk assessment cent-or-less range or properly on parity phenomenal abundance, that in itself principles established by the Sanitary and with the United States at 10 percent or could decline if we are not allowed the Phytosanitary Accord during the Uruguay less. That really is the way we should world marketplace in which to sell the Round are the basis of measures applied to negotiate. products of new technology and that this goods and services of American agri- process be transparent. Thank goodness our Trade Rep- culture. Assume that regulatory measures applied resentative, Charlene Barshefsky, Mr. President, I ask unanimous con- to products of new technologies do not con- agrees with us now and has agreed they sent to print in the RECORD agricul- stitute ‘‘unnecessary regulatory burdens.’’ will not negotiate from that position in tural trade priorities for the WTO Con- Negotiate improved market access for Seattle, that clearly the European products of new technology, including bio- community and others have to bring ference. engineered products. There being no objection, the mate- Non-tariff barriers have become the pro- that down to a near level area. rial was ordered to be printed in the tectionist weapon of choice, particularly for Mr. DORGAN. Mr. President, further RECORD, as follows: the products derived from new technologies, inquiring, is it not the case that ex- WTO TRADE CAUCUS FOR FARMERS AND as customs tariffs are lowered. U.S. nego- actly the same thing happened on ex- RANCHERS—AGRICULTURAL TRADE PRIOR- tiators should prevent our trading partners port subsidies? The Senator from Idaho ITIES FOR THE WTO MINISTERIAL CON- from making crops and other goods produced described tariffs that exist in our coun- with genetically-modified organisms into FERENCE AND NEW ROUND OF GLOBAL TRADE try versus other countries and trade NEGOTIATIONS second-class food products that are the subject of discrimination in foreign markets. talks attempting to reduce those tar- MARKET ACCESS iffs, except they left the tariffs much Mr. CRAIG. I yield the floor. Expand market access through tariff re- Mr. DORGAN. Mr. President, I ask higher in other countries than in our duction or elimination. unanimous consent to add 10 minutes country. If you go down 10 percent, and Negotiate zero-for-zero for appropriate sec- one country has a 50-percent tariff, tors. to the discussion. I want to ask the Senator from Idaho a question. that means you have taken their tariff Strive for reciprocal market access. down from 50 to 45 percent. If we have Even after the Uruguay Round Agreement, The PRESIDING OFFICER. Without which required tariff reductions of 36 per- objection, it is so ordered. a 10-percent tariff, we go from 10 to 9. cent, the average bound agriculture tariff of Mr. DORGAN. Mr. President, I lis- That does not make any sense to me. WTO members is still 50 percent. In contrast, tened to the Senator from Idaho, and Exactly the same thing was true with the average U.S. tariff on agriculture im- one of the points he made is important. respect to export subsidies. So the Eu- ports is less than 10 percent. A lot of people do not understand that ropean countries were left with export EXPORT SUBSIDIES following the conclusion of the latest subsidies many times in excess of any- Eliminate all export subsidies. round of trade talks, there remains a thing we could possibly use. That was Reduce European Union (EU) subsidies to 50-percent tariff on average in other probably fine in the first 25 years after the level provided by the United States be- countries. To the extent we can get our the Second World War because then our fore applying any formula reduction. Nego- agricultural commodities into those trade policy was really foreign policy. tiations must not leave the EU with an abso- countries, there is a 50-percent tariff We were trying to help other countries lute subsidy advantage. out of the trouble they were in. We The United States spends less than 2 per- on those goods. cent ($122 million) of what the EU spends on In previous speeches I talked about could beat anybody else around the export subsidies ($7 billion). In fact, the EU eating American T-bone steaks in world in trade with one hand tied be- accounts for 84 percent of total agriculture Japan and that there is a 40.5-percent hind our back. It didn’t matter very export subsidies worldwide. Subsidized for- tariff on every pound of beef going into much. We could do a lot of con- eign competition has contributed to the Japan. That is actually a bit lower cessional things. nearly 20 percent decline in U.S. agriculture than the average tariff that is con- That is not the case anymore. The exports over the last three years, and the fronting our products going elsewhere European Union is a tough, shrewd eco- dramatic reduction in the agriculture trade nomic competitor. Japan is a tough, surplus, from $27 billion in 1996 to just $11.5 in the world. billion this year. I think anyone would conclude it is a shrewd economic competitor. The same failure if we had a 50-percent tariff is true of many of our trading partners. NO UNILATERAL DISARMAMENT onan agricultural commodity coming We must begin to insist that trade pol- Combat Unfair Trade. icy be hard-nosed economic policy, not Restore and strengthen enforcement tools into this country, and yet our pro- against unfair trade practices. ducers confront it all across the world. foreign policy. Improve enforcement of WTO dispute panel In fact, those are the cases when we I inquire of the Senator from Idaho, decisions, accelerate the process, and make can get products in. There are many is it not the case that the point we are it more transparent. circumstances where we will not get making in these trade objectives is to Support Family Farmers. products into a market at all or, if we say, on both market access—on tariffs, Preserve the flexibility to assist family get some products in, we cannot get on export subsidies—and other items, farmers through income assistance, crop insufficient quantity; is that not correct? that we do not want to be in a cir- surance and other programs that do not dis- Mr. CRAIG. The Senator is abso- cumstance anymore when, at the end tort trade. of the negotiation, we have made con- Retain the full complement of non-trade lutely correct. When we came out of distorting export tools including export cred- the Uruguay Round, when the round cessions to other countries that put it guarantees, international food assistance, was heralded to have significant im- our producers at a significant and dis- and market development programs. provements in overall tariff levels, the tinct disadvantage? STATE TRADING ENTERPRISES problem was that most tariffs in the Is it not the case that our producers, Establish disciplines on STEs to make world were very high and ours were at the end of the previous rounds, were them as transparent as the U.S. marketing very low. at a distinct and dramatic disadvan- system. So we negotiated everybody down tage, and our objective is to make sure Expose STEs to greater competition from equally. We took a reduction in tariff. that does not happen again. in-country importers and exporters. They, the European community, and Mr. CRAIG. The Senator is abso- Eliminate the discriminatory pricing prac- others, took a reduction in tariff, lutely correct. In fact, let me give an tices of STE monopolies that amount to de which brought the average, other than example of the disadvantage we were in facto export subsidies. the tariffs of the United States, down that caused great frustration. Export STEs like the Canadian Wheat The Senator’s State and my State Board and the Australian Wheat Board Ltd. to 50 percent; and ours were down in produce a variety of grains. And we control more than 1⁄3 of world wheat and the 10-percent-or-less range. So it was wheat flour trade. Import STEs keep U.S. this kind of gradual slide. produce them at high rates of yield. farmers and exporters out of lucrative for- I do not call that fair or balanced. It They are high-quality grains. Yet we eign markets. would have been different if the rest of found shiploads of grains, barley in

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28957 some instances, from foreign countries If I might make one additional point, elevator in Idaho cheaper than the sitting at our docks, being sold into the Senator represents a State that farmer can bring it from across the our markets at below our production borders with Canada, a good neighbor street out of his field to that elevator. costs. of ours to the north. My State borders Why? Because that was a sale con- How did that come about? That came with Canada. I like the Canadians. I ducted by that particular trading en- about because the government of the think they are great people. terprise, and it was sold well below the producing country that sent the boat- But following the trade agreement market, and, of course, that was not load of grain to the Port of Portland with Canada, and then NAFTA, we reported. You do not have marketplace subsidized it down to a level that they began to see this flood of Canadian competition. You cannot even under- could actually enter our market and durum coming into this country. It stand it and compare figures, if you compete against our producers who went from 0 to 20 million bushels a have no transparency in the market- were getting 1950 prices for their 1998 year. Why? Do we need durum in this place. State trading enterprises are barley crop. country? No. We produce more than we known for that, and we have asked our How do you pay for a brand new trac- need. Why are we flooded with durum? Secretary of Agriculture and our trade tor or a brand new combine with 1950 Because Canada has the state trading ambassador to go directly at this issue. dollars in 1998? You do not. You run the enterprise called the Canadian Wheat Even the farmer of Canada now recog- old combine, you fix it up, or you go Board, which would be illegal in this nizes that this is also disadvantaging bankrupt. But that is exactly what was country but legal there. the producer in Canada, to have this happening because our negotiators did They sell into this country at secret kind of a monopolistic power control- not do the effective job of bringing prices. It is perfectly legal. You can ling the grain trade of the world. down export subsidies in a way that sell at secret prices. You dump and Mr. DORGAN. Mr. President, I have would disallow the greatest grain-pro- hide behind your secrecy, and no one been pleased to work with Senator ducing country in the world to accept can penetrate it. That is why our farm- CRAIG and others in establishing this grain at its ports from foreign nations ers are angry. It has totally collapsed caucus. I will be in Seattle at the trade at below our cost of production. That is the price of durum wheat. It is unfair talks, as are many of my colleagues. the best example I can give. trade. All the remedies that farmers We are determined this time to make Mr. DORGAN. If the Senator would and ranchers would use to fight this sure that, at the end of these trade yield, I think the Senator is describing, unfair trade are gone. at least in one case, a barley shipment talks, we do better than we have done Ranchers have just gotten together before on behalf of family farmers and coming from the European Union to in something called R-CALF. They Stockton, CA. It pulled up to the dock ranchers. have spent a lot of money and legal in Stockton, CA, and was able to off- Will Rogers said, I guess 60 years ago, fees and so on and taken action against load barley shipped over here from Eu- the United States of America has never the Canadians. Guess what. The first rope at a price that was dramatically lost a war and never won a conference. couple steps now they have won. But below the price that was received in He surely would have observed that if that should not be that way. You this country by barley growers, at a he had observed the trade negotiations should not have to force producers to time, incidentally, when our barley that have occurred with Republican spend a great deal of money to go hire price was in the tank. and Democratic administrations over How could that be the case? The rea- Washington law firms to pursue these recent decades. We are determined to son they could do it is they deeply sub- cases. try to change that. That is the purpose sidized it. In fact, they dumped it into Trade agreements ought to be nego- of this caucus. our marketplace. When that ship tiated aggressively on behalf of our I yield the floor. showed up at the California dock, it producers in order to require and de- f represented legal trade. Think of that: mand fair trade. But I wanted to make the point about State trading enter- CONCLUSION OF MORNING A deeply subsidized load of grain com- BUSINESS ing into a country that is awash in its prises, which must be addressed in this own barley, with prices in the tank, new WTO round, because the STEs The PRESIDING OFFICER (Mr. and that ship shows up, and it is per- have dramatically injured American VOINOVICH). The Senator from Massa- fectly legal. They can just dump it into farmers and ranchers. chusetts. our marketplace. They can hurt our My expectation is that Senator CRAIG Mr. KENNEDY. Mr. President, what farmers. It doesn’t matter because it is has discovered exactly the same cir- is the pending business? legal under the previous trade agree- cumstance in Idaho in terms of his The PRESIDING OFFICER. Morning ment. ranchers and farmers trying to com- business is closed. That describes why our farmers and pete against sanctioned monopolies f ranchers in this country are so upset. from other countries. Mr. CRAIG. The Senator is abso- BANKRUPTCY REFORM ACT OF They have reason to be upset. They 1999—Resumed ought to be able to expect, when our lutely right. When he speaks of negotiator negotiates with other coun- Statetrading enterprises, the Canadian The PRESIDING OFFICER. The tries, that we get a fair deal. It is not Wheat Board and the Australian Wheat clerk will report the pending business. a fair deal to say to other countries: Board control over one third of the The legislative assistant read as fol- We will compete with you, but you go world’s wheat and wheat flour trade. lows: ahead and subsidize; drive down the As the Senator just explained, those A bill (S. 625) to amend title 11, United price. Dump it, if you like, and there negotiations are kept secret. Those States Code, and for other purposes. will be no remedy for family farmers to trading enterprises buy the grain from Pending: call it unfair trade because we in our farmers at the going market price. Grassley amendment No. 1730, to amend trade agreement will say it is OK. Then when they sell it, they do not re- title 11, United States code, to provide for It is not OK with me. It is not OK port it. If they are to sell it well below health care and employee benefits. with the Senator from Idaho. It is not the cost of the market, to get it into Kohl amendment No. 2516, to limit the OK with many Republicans and Demo- another country for purposes of sale, value of certain real or personal property a crats who serve in Congress who insist they sell it, and they are subsidized ac- debtor may elect to exempt under State or it is time to ask that trade be fair so cordingly. If they can make money, local law. Sessions amendment No. 2518 (to amend- our producers, when they confront they make money. But the point is, ment No. 2516), to limit the value of certain competition from around the world, those kinds of transactions are not real or personal property a debtor may elect can meet that competition in a fair and transparent. They are not reported. to exempt under State or local law. honest way. That is not what is hap- In my State of Idaho, you can get a Feingold (for Durbin) amendment No. 2521, pening today. truckload of barley out of Canada to an to discourage predatory lending practices.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28958 CONGRESSIONAL RECORD—SENATE November 8, 1999 Feingold amendment No. 2522, to provide offs were reported around the country ples to file for bankruptcy. Working for the expenses of long term care. in almost every industry—9,000 jobs men and women in economic free fall Hatch/Torricelli amendment No. 1729, to were lost after the Exxon-Mobil merg- often have no choice except bank- provide for domestic support obligations. Leahy/Murray/Feinstein amendment No. er; 5,500 jobs were lost after Deutsche ruptcy. 2528, to ensure additional expenses and in- Bank acquired Bankers Trust; Boeing The bankruptcy system provides a come adjustments associated with protection laid off 9,000 workers; Johnson & John- second chance for these large numbers of the debtor and the debtor’s family from son laid off 4,100. Kodak has cut 30,000 of Americans who would otherwise hit domestic violence are included in the debt- jobs since the 1980s and 6,300 since 1997. financial bottom. It offers an indispen- or’s monthly expenses. Often, when workers lose a good job, sable opportunity to stabilize their Leahy amendment No. 2529, to save United they are unable to recover. In a study households after an economic crisis. States taxpayers $24,000,000 by eliminating of displaced workers in the early 1990s, Clearly, we must deal with those who the blanket mandate relating to the filing of the Bureau of Labor Statistics reported tax returns. take advantage of the system and that only about one-quarter of these The PRESIDING OFFICER. The Sen- abuse it. Reform is necessary to stop workers were working at full-time jobs repeat filers, eliminate the loophole ator from Massachusetts. paying as much as or more than they Mr. KENNEDY. Mr. President, as I provided by the homestead exemptions had earned at the job they lost. Too in several states, and prevent wealthy remember, the consent request was often, laid-off workers are forced to ac- that this hour was to be used for debate Americans from abusing the system to cept part-time jobs, temporary jobs, avoid paying their debts. But the credit on bankruptcy prior to 3. Is the time and jobs with fewer benefits or no bene- evenly divided, or how is the time des- card industry is abusing the system, fits at all. too. Congress needs to deal with their ignated? Fact No. 2: Divorce rates have soared abuses realistically and fairly, in a way The PRESIDING OFFICER. There is over the past 40 years. For better or for that protects millions of struggling no division of time until 3. worse, more couples are separating, middle class and low-income families. PRIVILEGE OF THE FLOOR and the financial consequences are par- It would be irresponsible for Congress Mr. KENNEDY. Mr. President, I ask ticularly devastating for women. Di- to act only in ways that reward the unanimous consent that the following vorced women are four times more credit card industry for its cynical ma- be granted the privilege of the floor for likely to file for bankruptcy than mar- nipulation of these families. the bankruptcy bill: Kathy Curran, ried women or single men. In 1999, Jennifer Liebman, Lisa Bornstein. 540,000 women who head their own The drop in filings this year is ample The PRESIDING OFFICER. Without households will file for bankruptcy to indication that a harsh bankruptcy bill objection, it is so ordered. try to stabilize their economic lives. is not needed. Without any action by Mr. KENNEDY. Mr. President, for 200,000 of them will also be creditors Congress, the number of bankruptcy over 100 years, Congress has supported trying to collect child support or ali- filings is decreasing. It is estimated a bankruptcy system that balances the mony. The rest will be debtors strug- that there will be 100,000 fewer filings needs of debtors in desperate financial gling to make ends meet. this year than in 1998—filings have straits and creditors who deserve re- Fact No. 3: Over 43 million Ameri- dropped in 42 states. Leading econo- payment. Today, however, the tide is cans have no health insurance, and mists believe that the bankruptcy cri- changing. Too often the complexity of many millions more are underinsured. sis is self-correcting. As economics pro- the problems facing debtors is ignored. Each year, millions of families spend fessor Lawrence Ausubel states, Critics, using the unfair rhetoric sup- more than 20 percent of their income Lenders respond to an unexpected increase plied by the credit industry, call bank- on medical care, and older Americans in personal bankruptcies by curtailing new ruptcy an undeserved refuge for those are hit particularly hard. A June 1998 lending to consumers teetering closest to who can’t or won’t manage their fi- CRS Report states that even though bankruptcy, with or without new legislation. nances. Honest, hard-working, middle Medicare provides near-universal The high rates of default at the peak of the bankruptcy crisis began to impinge on the class families are unfairly character- health coverage for older Americans, profitability of lending and—as a result— ized as dead-beats who abuse the bank- half of this age group spend 14 percent lenders tightened their underwriting stand- ruptcy system to avoid paying their or more of their after-tax income on ards. This is the non-legislative, free-market debts. The result is the excessively health costs, including insurance pre- response which made the crisis abate. harsh bankruptcy reform bill presented miums, co-payments and prescription Despite these facts, the Senate is to the Senate. drugs. pursuing legislation that is a taxpayer- During this debate, every Senator Fact No. 4: The credit card industry funded administrative nightmare for must ask one essential question—who has engaged in a massive and unseemly struggling debtors. are the winners and who are the losers nation-wide campaign to hook if this bill becomes law. A fair analysis unsuspecting citizens on credit card Mr. President, I will include in the of the bill will lead members of the debt. Credit card issuers logged 24 mil- RECORD a list of the States that have Senate to the same conclusion reached lion telemarketing hours in 1996 and seen a significant—and some not so sig- by House Judiciary Committee Chair- sent out 3.45 billion—billion—credit nificant—drop in the bankruptcy fil- man HENRY HYDE, who counted dozens card solicitations in 1998. In an average ings, comparing the second quarter of of provisions that favor creditors. But, month, 75 percent of all households in 1999 to the second quarter of 1998. It decency and dignity need not be vic- the country receive a credit card solici- dropped more than 62 percent in the tims of reform. Balanced bankruptcy tation. In recent years, the credit card State of Oklahoma. It was down 1.19 legislation is our goal. Though we must industry has also begun to offer new percent in Arizona. Eight States have address the needs of creditors, we must lines of credit targeted at people with had some increase. It was two-tenths of also consider the specific cir- low incomes—people they know can 1 percent in Indiana, three-tenths of 1 cumstances and market forces that not afford to pile up credit card debt. percent in Utah, six-tenths of 1 percent push middle class Americans into Facts such as these have reduced the in Wyoming. It was up nine-tenths of 1 bankruptcy. economic stability of millions of Amer- percent in Montana, 3.3 percent in Or- Let’s take the basic facts one by one. ican families, and have led to the sharp egon, 6 percent in South Dakota, 12 Fact No. 1: The rising economic tide increase in the number of bankruptcy percent in Alaska, and 144 percent in has not lifted all boats. Despite low un- filings. Two out of every three bank- Delaware. employment, a booming stock market, ruptcy filers have an employment prob- I ask unanimous consent that this and budget surpluses, Wall Street lem. One out of every five bankruptcy list be printed in the RECORD. cheers when companies—eager to im- filers has a health-care problem. Di- There being no objection, the mate- prove profits by down-sizing—lay off vorced or separated people are three rial was ordered to be printed in the workers in large numbers. In 1998, lay- times more likely than married cou- RECORD, as follows:

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28959 CHANGES IN BANKRUPTCY FILINGS, 2D United Food & Commercial Workers Inter- This chart shows that the U.S. me- QUARTER 99, V 2D QUARTER 98 national Union, United Steelworkers of dian family income is $42,769 this year. Oklahoma, ¥62.1%; N. Hampshire, ¥23.9%; America, U.S. Public Interest Research Now these are constant dollars. If we Group, Wider Opportunities for Women, The Nebraska, ¥15.85%; Connecticut, ¥14.67%; look over at what the income was for ¥ ¥ Woman Activist Fund, Women Employed, Minnesota, 14.19%; Colorado, 13.87%; those who went into bankruptcy, in California, ¥13.76%; Massachusetts, ¥13.62%; Women Work!, Women’s Institute for Free- North Dakota; ¥13.33%; Kansas, ¥13.25%; dom of the Press, Women’s Law Center of 1981, 1991, 1995, and 1997, you find out Tennessee, ¥11.64%; Kentucky, ¥10.59%; Maryland, Inc., YWCA of the U.S.A. there has been a gradual decline— Idaho, ¥10.27%; New York, ¥9.82%; Texas, Mr. KENNEDY. Mr. President, this $23,000, $18,000, $17,000, and in 1997 it ¥9.69%. list represents virtually all of the chil- was somewhat below what it was in Michigan, ¥9.63%; Georgia, ¥8.28%; New dren’s protection groups—those groups 1995. ¥ ¥ Jersey, 7.95%; W. Virginia, 7.3%; Mary- that have been most identified with We have the greatest economic boom land, ¥7.23%; Vermont, ¥7.18%; Maine, ¥ ¥ ¥ protecting women’s economic and po- in the history of this country, with the 7.09%; Alabama, 6.49%; Nevada, 6.02%; lowest unemployment and rates of in- Mississippi, ¥4.98%; Washington, ¥4.76%; litical rights, those groups that have Pennsylvania, ¥4.21%; Arkansas, ¥4.2%; been looking after workers’ interests, flation. We saw an increase in the num- Rhode Island, ¥3.97%; Florida, ¥3.89%. and small business groups as well. Vir- bers of bankruptcies. But who are these Wisconsin, ¥3.76%; Missouri, ¥3.22%; Illi- tually every one of them are opposed to people who are filing for bankruptcy? nois, ¥3.19%; So. Carolina, ¥3.19%; Ohio, the underlying legislation. It is actually those in the lower in- ¥2.67%; No. Carolina, ¥2.35%; Virginia, As I mentioned in the Senate Judici- comes. That is who we are affecting ¥ ¥ ¥ 2.24%; Louisiana, 2.21%; Arizona, 1.19%; ary Committee, I would like to hear with legislation that is dealing with Indiana, +.28%; Utah, +.38%; Wyoming, those who are in favor of it point out bankruptcy. Who are these people down +.66%; Montana, +.9%; Oregon, +3.3%; So. Dakota, +6%; Alaska, +12.63%; Delaware, one single group representing children, here in 1997? Let’s look back in 1981. +144.29%. workers, women, or consumers who are The red indicates joint filings. The yel- Mr. KENNEDY. Mr. President, com- for this bill. Just bring those names to low indicates men filing. The blue is ing back to the basic and fundamental us. Let’s debate it. But we have none, for women filing. issue about who is supporting the legis- zero. Going back to 1981, we find the great- lation, who the winners are and who It comes back to what we ought to be est number of filings for bankruptcy the losers are, I will include in the asking ourselves when we have this were joint filings, with some single RECORD at this point the various orga- kind of a situation. Isn’t it worthwhile men and some single women. Look nizations that are opposed to the legis- that we find out who the winners are what happens in 1991. Joint still goes lation. and who the losers are? If common up, and there are increasing numbers of I ask unanimous consent that this sense is any indication, we will try to women and of men. In 1999, those at the list of organizations be printed in the make a case that in justifies these top are women. They are at the bottom RECORD. comments. Virtually every one of the in 1981 and at the top in 1999. Do you There being no objection, the mate- groups representing hard-working see the very dramatic increase in the rial was ordered to be printed in the Americans—the men and women who number of women. Why is that so? RECORD, as follows: work hard and play by the rules; and, The reason that is so is women are ORGANIZATIONS OPPOSED TO S. 625, THE in many instances, women who have being denied alimony and child sup- BANKRUPTCY REFORM ACT been discriminated against for a wide port. That is why it is so. That is why AMONG THE ORGANIZATIONS THAT HAVE VOICED variety of reasons and issues; chil- it is so, Mr. President. Every indicator THEIR OPPOSITION TO S. 625 ARE: dren’s groups who understand the im- demonstrates that is why it is so. We AFL–CIO, Alliance for Justice, American portance of making sure that chil- are passing a major piece of legislation Association of University Women, American dren’s interests and their financial se- to protect not those who are being ad- Federation of Government Employees curity will be protected—are univer- versely impacted by these economic (AFGE), American Federation of State, sally opposed and say ‘‘no’’ to the bill. forces, but to protect the credit card County and Municipal Employees But we have others. The credit card industry. It is women who are facing (AFSCME), American Medical Women’s As- challenges because of alimony and in sociation, Association for Children for En- companies say yes. forcement of Support, Inc. (ACES), Business So it is interesting, as we are coming terms of child support. and Professional Women/USA, Center for into the final hours of this session, we If you wanted to do something about Law and Social Policy, Center for the Ad- have another one of those situations this line here, you would do more to vancement of Public Policy, Center for the where the Republican leadership is put- make sure the deadbeat dads are going Child Care Workforce, Church Women ting out on the floor of the U.S. Senate to pay up as they should in terms of al- United, Coalition of Labor Union Women, a bill the special interests—in this imony and child support. You would Communications Workers of America, Con- case, the credit card companies—are see this number go down dramatically. sumer Federation of America, Consumers strongly in favor of, but threatens the Nonetheless, no, no, we are not going Union, Equal Rights Advocates, Feminist Majority, Hadassh, International economic interests of women and work- to deal with that issue. We have this Assocication of Machinists & Aerospace ing people and children. other kind of formula that is going to Workers (IAM), International Brotherhood of We have little time this afternoon to hurt these people—not protect them so Boilermakers, Iron Ship Builders, Black- debate a minimum wage, which we they might have a second opportunity. smiths, Forgers & Helpers, International have been virtually prohibited from The fact is, the number of people who Brotherhood of Teamsters, International doing before the Senate over the period are working who go into bankruptcy is Women’s Insolvency & Restructuring Confed- of the last year. We are not even going virtually identical to those who are eration, Ralph Nader, National Association to have an opportunity to debate some- working generally anyway. of Commissions for Women. National Black Women’s Health Project, thing that could protect consumers, Isn’t that interesting? The fact is, National Center for Youth Law, National women, children, and workers on a Pa- these are not men and women who are Consumer Law Center, National Council for tients’ Bill of Rights. That is being put dogging it, these are men and women Jewish Women, National Council of Negro off. But we have time to debate this who are out trying to make it. None- Women, National Council of Senior Citizens, issue. Why? Because the credit card theless, are we considering a piece of National Organization for Women, National companies have a very important and legislation that is going to help them Partnership for Women and Families, Na- direct interest in the outcome of this get back on their feet a second time tional Women’s Conference, National Wom- particular legislation. and perhaps pay off their debt? No, no; en’s Law Center, Northwest Women’s Law Mr. President, I want to take a few Center, NOW Legal Defense and Education we are thinking about the credit card Fund, Public Citizen, Union of Needletrades, moments of the Senate’s time to run companies and looking out after their Industrial & Textile Employees (UNITE), through some of these charts that interests. United Automobiles, Aerospace and Agricul- show, I think, very effectively, what So we see that the great expansion tural Implement Workers of America/UAW, this case is all about. and explosion in the number of people

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28960 CONGRESSIONAL RECORD—SENATE November 8, 1999 who are going into bankruptcy are pri- tirees. Those numbers are going down This program is intended to create a fresh marily women. Now it is interesting in terms of coverage. We know the start for your clients and an opportunity for that bankrupt debtors are reporting costs and what is happening in terms of your firm. We realize that many debtors may job problems. Sixty-seven percent of prescription drugs. They are going up have to file a bankruptcy due to excessive credit card debt. If you feel that this is not those who are going into bankruptcy and escalating dramatically. a program for them or for your firm, please are reporting job problems, a direct re- When we passed Medicare in 1964, the disregard this letter. sult of downsizing, direct result of private sector didn’t have prescription For more information, please fax or mail merging, the direct result of being able drugs, so Medicare didn’t have it. Now this form back to us. Please call if you have to go down to Wall Street and cut back 90 percent of those policies have it, but questions. in the total number of employees and we can’t even get that issue up before Yes! Our firm is interested in distributing see a bang in that stock going right up. the Senate to debate it. We haven’t got the ‘‘Fresh Start’’ VISA card applications toour Chapter 7 clients. Please send us de- Extraordinary economic growth and the chance to debate whether we ought tailed information on how we can become a expansion—all of which are very fine to have prescription drugs. We don’t distributor as soon as possible. The name of and good—doesn’t mean that you have get a chance to debate whether we the person at our firm to contract is: to come down with a hammer on work- ought to try to accept the House bill Mr. KENNEDY. Mr. President, here is ers who, through no fault of their own, that provides protection for consumers the letter that is being sent by the are being merged out and are having from the arbitrary rulings of account- ‘‘American Bankruptcy Service,’’ ‘‘Re: difficulty in finding jobs to try to meet ants in health maintenance organiza- Fresh Start VISA distributorship’’: their responsibilities, especially tions. No, we can’t deal with any of Dear counselor: women. that. Let’s just look out after the cred- This indicates what has been hap- it card industry. They are the ones who Do you know who the counselors are? pening with regard to people who have need protection—not the men and Do you know who those counselors are? been going into bankruptcy. More than women who have lost their health care. They are counselors for the people who 67 percent of them are showing that it No, sir; we don’t have to worry about have gone bankrupt—the lawyers for is basically and fundamentally an issue them—not the men and women who people who have gone bankrupt. Here is in terms of their employment. These have been downsized. No, sir; we don’t their friendly ‘‘American Bankruptcy other colors indicate what those par- have to worry about them; and not Service.’’ ticular matters might be in terms of women. Alimony and child care sup- We offer a unique opportunity that could downsizing and the rest. We have some port—let’s not worry about them. Let’s be of great benefit to your firm and your cli- idea now. worry about the good old credit card ents. By becoming a distributor, you will We have the numbers I mentioned have the ability to market unsecured VISA industry. credit cards. We call it the ‘‘Fresh Start’’ earlier. We have the growth in the Let’s see what we have to worry card to your clients who: number of men and women who are about with them. What do you know? Have filed a chapter 7 bankruptcy; separated, become divorced, and the Here is a facsimile of a letter, Mr. Have completed the 341 meetings of credi- economic implications and burdens President, which I ask unanimous con- tors; women are faced with in terms of cred- sent be printed in the RECORD. Have not yet received their discharge; it. We find that. There being no objection, the letter Have attached a copy of their bankruptcy Now let’s look to see if there are notice. was ordered to be printed in the No deposit required. other indicators. Yes, there is another RECORD, as follows: very important indicator. That is the This industry is out soliciting from AMERICAN BANKRUPTCY SERVICE, attorneys who have represented women fact that we are seeing the total num- St. Paul, MN, December 18, 1998. ber of uninsured in our society growing Re Fresh Start VISA Distributorship. and workers who have been downsized, at a rate of over a million a year. Make DEAR COUNSELOR: We offer a unique oppor- those who have gone bankrupt and no mistake about it, that is going to tunity that could be of great benefit to your belly up because of health care bills increase and escalate. We are not doing firm and your clients. By becoming a dis- they just can’t afford to pay. anything about it. That is going to in- tributor, you will have the ability to market Now you have the credit card indus- an unsecured VISA credit card (the ‘‘Fresh crease and escalate. try writing to the attorneys and say- Start’’ card) to your clients who: ing: Look, you can get in on the goody Isn’t it interesting that health care- Have filed a Chapter 7 bankruptcy; related problems driving individuals Have completed the 341 meeting of credi- trail, too, because if you represented into bankruptcy are the No. 1 reason tors (with no outstanding issues with the one, you probably represented others, besides job related reasons. Individuals Trustee); and you can get on and be part of our being dropped from the health care sys- Have not yet received their discharge; credit card distributorship as well. tem are individuals at the lower end of Have attached a copy of the bankruptcy That is what they are saying here. the economic ladder who don’t have notice to their VISA application. You can read this letter right through. Several law firms specializing in rep- the protections and don’t have the Our firm is interested in distributing the resenting consumer debtors in bankruptcy Fresh Start VISA. health insurance in the first place. have requested the ability to distribute the We all know what is happening out in ‘‘Fresh Start’’ VISA application to their cli- And we will just show you how to do the job market with the increasing ents. In light of this, we thought perhaps it. You can also be a part of this. number of temps. So you do not have your firm would be interested also in a dis- Here is their advertising. pensions and you do not have health tributorship. For each credit card issued, If you have filed for bankruptcy, you insurance. Here we have the individ- your firm will receive $10. can get a Fresh Start with First Con- uals who are losing out and falling fur- There is absolutely no deposit required. sumers National Bank VISA card This is an unsecured VISA card. The credit today. If you file bankruptcy, that ther behind—women on credit, women limit will be $500 or $1,000 depending on in- on alimony, and women with chal- come. The annual fee is $49.00. Many debtors qualifies you. There is no need to wait lenges they have in terms of payments. have immediate credit needs even during a for a bankruptcy discharge. Rebuild a Then you have the problems with bankruptcy. Some are approached either by good credit card fast with monthly ac- downsizing. secured credit card companies but cannot counts reporting to all major credit Now we have one of the other major apply due to lack of the cash deposit re- card business. issues reflected in the bankruptcies quired or by current creditors offering a new They have got you once. They want that are taking place all across this card only with a reaffirmation. This new to get you again, and again, and again. card offer solves these problems. (See sample How many times do they want to get country. application enclosed.) Furthermore, our We know what is happening across SuperSettlements program (brochure en- these people? How many times? the country in terms of many of the closed) provides an additional method for We are out here debating this bill in major companies and corporations that avoiding reaffirmations with small redemp- the final couple of days. We are not de- had good health care protection for re- tions. bating a patients’ bill of rights. We had

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28961 a heck of a time trying to get a debate utory presumption that their case is bankruptcy who I do not think the on minimum wage for the whole ses- abusive. The arbitrary means test—not bankruptcy laws were ever intended to sion—trying to make a difference for the reality of their plight—dictates help, or, in any case, harming people consumers. We haven’t got time to do that Mr. and Mrs. M can afford to file who have a debt owed to them which is prescription drugs—no way, too dif- a Chapter 13 debt repayment plan, and not paid. ficult, too complex. But we have all the it is highly unlikely that the family One of the major problems with the time in the world to debate this par- has any ‘‘special circumstances’’ that bankruptcy system is the mind-set of ticular legislation that is looking out would allow a judge to find differently. some of the lawyers who specialize in after the credit card companies. They will be selling their home, pos- bankruptcy. Many lawyers today view That gives you some idea about what sibly all their assets. bankruptcy simply as an opportunity the Republican leadership’s priorities This is unduly harsh. It should not to make money for themselves with a are here in the Senate. pass in its current form. I will work minimal amount of effort. And this We will have a chance later on to with a number of our colleagues to ad- profit motive causes bankruptcy law- talk about the minimum wage. We dress many of these serious abuses, yers to promote bankruptcy even when have gone ahead and voted ourselves a without which it should not become a financially troubled client has the $4,600 pay increase this year and we law. obvious ability to repay his or her still won’t vote a pay increase of 50 I suggest the absence of a quorum. debts. As one of the members of the cents next year for men and women The PRESIDING OFFICER. The National Bankruptcy Commission who are at the bottom rung of the eco- clerk will call the roll. noted in the Commission’s 1997 report, nomic ladder. The legislative assistant proceeded many who make their living off of What is this, Mr. President? We have to call the roll. thebankruptcy process have forgotten to ask ourselves, Why? Mr. GRASSLEY. Mr. President, I ask that declaring bankruptcy has a moral I can tell you, Mr. President. These unanimous consent that the order for dimension. Bankruptcy lawyers issues ought to be addressed. A number the quorum call be rescinded. shouldn’t counsel someone to walk of our colleagues have offered amend- The PRESIDING OFFICER. Without away from his or her debts without ments to try to address some of these objection, it is so ordered. pointing out the moral consequences of issues. It is going to take a lot of doing Mr. GRASSLEY. Mr. President, we making a promise to pay and then to try to make the difference. We are are on legislation we started Thursday breaking that promise. As I have said talking about real people. night. We had discussion this Friday, before, it cannot be good for the moral Take for example, Mr. and Mrs. M although we had no votes on any foundation of our nation if people learn who live in the suburban community of amendments to the bankruptcy reform that it is okay just to walk away and East Longmeadow, Massachusetts. Al- bill. I hope we can move forward with not pay your bills because that’s easier though Mr. M. makes about $60,000 per this legislation and get it passed before and more convenient, and obviously year, the family suffered when Mrs. M we adjourn. better for somebody’s pocketbook. lost her job, and the household income This is the same piece of legislation All across America some of the more dropped by $15,000. Since then, the fam- that passed the Senate by a 97–1 vote in unsavory bankruptcy lawyers have cre- ily has struggled to make ends meet. 1998. It was conferenced with the ated high-volume law offices that herd The $14,775 loan for their 1996 Toyota House. The conference committee re- people into bankruptcy as if they were and the $1,520 monthly mortgage pay- port passed the House of Representa- cattle instead of individual human ment that once seemed reasonable be- tives by a very wide margin. The bill beings in need of advice and coun- came difficult to meet. came to the Senate in the last 3 or 4 seling. These offices are known as Even after cutting recreation ex- days of the session with a threat of bankruptcy mills. These bankruptcy penses to zero, the family’s expenses long debates and filibusters against the mills are nothing more than large scale exceed their income by several hundred conference report. Consequently, a bill processing centers for bankruptcy— dollars a month. They fell behind on that passed 97–1, probably coming out there is little or no investigation done their credit card payments, which they of the conference more favorable to the as to whether an individual actually had hoped to resume paying when Mrs. point of view of those who still had needs bankruptcy protection or wheth- M started working again. The balance some questions about it. Yet a lot of er or not a person is able to at least they owed to their credit card company those Members did not want that bill partially repay their debts. For exam- ballooned to $27,500. The balance in- to go to final passage. Therefore, the ple, one bankruptcy attorney from creased by $600 to $800 each month in last Congress ended with the bank- Texas was sanctioned by a bankruptcy finance charges and penalties. Mr. and ruptcy conference report not passing. court for operating a bankruptcy mill. Mrs. M saw no alternative to filing for We started over again in the new According to the court, this attorney relief under the bankruptcy laws. Their Congress. Since the first of the year, had very little knowledge of bank- discharge in bankruptcy gave them a Senator TORRICELLI of New Jersey and ruptcy law, but advertised extensively fresh start. They will continue to I have been working on this legislation in the yellow pages and on television. struggle to make ends meet, but they to bring our colleagues a bipartisan ap- Apparently, his advertising worked, be- have relief from the pressures of proach to bankruptcy reform that we cause he filed about 100 new bank- harassing calls from collection agents hope will end the situation of some ruptcy cases per month. Most of the and mounting debts they had no hope people who have the ability to repay work was done by legal assistants with of paying. some debt getting off scot-free. We very limited training. The court con- If this bill—S. 625—had been law, think this legislation is a big step in cluded that the attorney’s services they would have had no such relief. that direction. Amount to little more than a large scale The means test—which uses IRS ex- In my earlier statements on the Sen- petition preparer service for which he re- pense standards to calculate living ex- ate floor on Thursday and Friday, I al- ceives an unreasonably high fee. penses and ability to repay debts— luded to the role that overly aggressive The practices of bankruptcy mills are would probably force them out of the bankruptcy lawyers play in the current so deceptive and sleazy that the Fed- bankruptcy system, completely. crisis of our bankruptcy system. Al- eral Trade Commission went so far as Longmeadow is in Hampden County, though I cannot statistically support to issue a consumer alert warning con- where the IRS housing and utility al- it, when I refer to the role of overly ag- sumers of misleading ads promising lowance for a family of four is $1,235 a gressive bankruptcy lawyers I really debt consolidation. month. Although the family’s mort- think, in my heart, we are talking I refer you to this Federal Trade gage and monthly utility expenses ex- about a very small minority of bank- Commission Consumer News Bulletin, ceed this amount, it would not matter. ruptcy lawyers. Still, there are those right here on this chart. It refers to a Under this bill, they would face a stat- who play a role in people going into question,

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28962 CONGRESSIONAL RECORD—SENATE November 8, 1999 Debt Got You Down? You are not alone. ings to 373,460 in April, May and June, sur- neys to investigate the financial re- Consumer debt is at an all-time high. What’s passing by nearly 2% the previous high post- sources of their clients before putting more, record numbers of consumers—more ed in the second quarter of 1997, federal court them into bankruptcy. That is not too than 1 million in 1996—are filing for bank- officials said this week. California’s figures much to ask and, it seems to me, some- ruptcy. Whether your debt dilemma is the mirrored the nationwide trend. thing basic when advising people ac- result of an illness, unemployment, or sim- Although a 2% rise is not large, given the ply overspending, it can seem overwhelming. steady and previously sharper increases in cording to the tenets of the legal pro- In your effort to get solvent, be on the alert bankruptcies in recent years, analysts were fession. for advertisements that offer seemingly still surprised by the continuing uptick in Our bankruptcy system needs to be quick fixes. While the ads pitch the promise personal filings. The economy remains rel- reformed in a balanced way. We need to of debt relief, they rarely say relief may be atively strong and consumer delinquencies in address abuses by debtors who do not spelled b-a-n-k-r-u-p-t-c-y. And, although general have come down in recent quarters need bankruptcy. We need to address bankruptcy is one option to deal with finan- while some lenders have tightened their abuses by creditors who use coercive cial problems, it’s generally considered the credit standards. and deceptive practices to cheat honest option of last resort. The reason: Its long- But bankruptcy attorneys and other ex- debtors. And we need to address abuses term negative impact on your creditworthi- perts said some consumers were being by bankruptcy lawyers who exploit ness. A bankruptcy stays on your credit re- prompted by pending bankruptcy reform leg- port for 10 years, and can hinder your ability islation, which could take effect as early as bankruptcy laws for financial gain. to get credit, a job, insurance, or even a the fall and is expected to make it tougher As I said before, I prefer tougher pen- place to live. for consumers to extinguish their debts. alties against bankruptcy lawyers, but this bill is a step in the direction of ad- I think that there is a widespread Indeed, attorneys are advising their clients dressing the problems of fast-talking recognition that bankruptcy lawyers that they may want to take advantage of the current law while it is still available. bankruptcy lawyers. are preying on unsophisticated con- ‘‘I’m telling clients that it might very well Does the Senator from Minnesota sumers who need counseling and help end up being harder to file for bankruptcy,’’ seek the floor? with setting up a budget, but who do said Joseph Weber, a bankruptcy lawyer in Mr. WELLSTONE. Mr. President, I not need to declare bankruptcy. It is Costa Mesa. Weber added that he also thinks know we are going to start on the min- not surprising, Mr. President, that a ‘‘false optimism’’ is adding to the number imum wage amendment. May I have 1 bankruptcy lawyers are leading the of bankruptcy petitions. ‘‘When they per- minute to call up two amendments and charge against bankruptcy reform. ceive the economy to be better, some spend beyond their means,’’ he said. then lay them aside? Now, we have heard complaints from Mr. GRASSLEY. Yes. I yield the some on the Senate floor about pro- Mr. GRASSLEY. In this article, floor. tecting child support and alimony dur- bankruptcy lawyers are advised to send AMENDMENTS NOS. 2537 AND 2538 ing bankruptcy proceedings. I want to out letters to anyone who has visited Mr. WELLSTONE. Mr. President, I point out that some bankruptcy law- them recently asking about bank- call up amendments Nos. 2537 and 2538. yers actually advertise that they can ruptcy. This form letter encourages The PRESIDING OFFICER. Is there help deadbeat dads get out of paying people to declare bankruptcy because, objection to the request? their child support and other marital if Congress passes bankruptcy reform, Without objection, it is so ordered. obligations. One bankruptcy lawyer ‘‘Bankruptcy will be much more dif- The clerk will report. has even written a book entitled ‘‘Dis- ficult, more expensive, and probably The legislative clerk read as follows: charging Marital Obligations in Bank- embarrassing.’’ I hope this bill makes The Senator from Minnesota [Mr. ruptcy.’’ Some things about that book bankruptcy more embarrassing and WELLSTONE] proposes amendments numbered are displayed on this chart. more difficult. Opinion polls clearly 2537 and 2538. I think that it is outrageous that show that the American people want The amendments are as follows: bankruptcy lawyers are helping dead- those who voluntarily incur debts to AMENDMENT NO. 2537 beats to cheat divorced spouses out of pay those debts as agreed. Bankruptcy (Purpose: To disallow claims of certain alimony and to cheat children out of should be difficult, and the moral stig- insured depository institutions) child support. This is a recipe for pro- ma that used to be associated with At the appropriate place, insert the fol- moting poverty and human misery. bankruptcy should be resurrected. lowing: SEC. ll. DISALLOWANCE OF CLAIMS OF CER- Those who are concerned about pro- I have reviewed the conduct of bank- TAIN INSURED DEPOSITORY INSTI- tecting child support should join with ruptcy mills and bankruptcy lawyers TUTIONS. me in condemning this sort of amoral to illustrate the need for Congress to Section 502(b) of title 11, United States conduct. Bankruptcy was never de- hold bankruptcy lawyers accountable Code, is amended— signed for the purpose of helping dead- for unethical and dishonest conduct. In (1) in paragraph (8), by striking ‘‘or’’ at the beat spouses escape their financial ob- the bill before us, we have tried to do end; this by codifying rule 11 penalties for (2) in paragraph (9), by striking the period ligations. Not only are the current at the end and inserting ‘‘; or’’; and practices of bankruptcy lawyers a dis- lawyers who needlessly steer people (3) by adding at the end the following: service to their clients, they also cheat into the bankruptcy system. It’s my ‘‘(10) such claim is the claim of an insured society as a whole. hope that these penalties will cause depository institution (as defined in section Mr. President, I ask consent to have lawyers to think twice before they 3 of the Federal Deposit Insurance Act) that, printed in the CONGRESSIONAL RECORD willy-nilly cart off their clients to as determined by the appropriate Federal an article from the Los Angeles Times bankruptcy court without asking a few banking agency (as defined in section 3 of dated August 12, 1998. questions first. I would have preferred the Federal Deposit Insurance Act)— There being no objection, the mate- tougher penalties, as we had in last ‘‘(A) has total aggregate assets of more rial was ordered to be printed in the than $200,000,000; year’s Senate Bill, But I understand ‘‘(B) offers retail depository services to the RECORD, as follows: that many on the other side of the public; and 2.5% RISE IN PERSONAL FILINGS PUSHES aisle strongly object to tougher pen- ‘‘(C) does not offer both checking and sav- BANKRUPTCIES TO NEW HIGH alties. So, in an effort to work with the ings accounts that have— [From Times Staff and Wire Reports] other side, this year’s penalties aren’t ‘‘(i) low fees or no fees; and Total bankruptcies nationwide hit a record as tough as they were last year. ‘‘(ii) low or no minimum balance require- high in the second quarter, apparently boost- As I’ve said many times, the bank- ments.’’. ed by a flurry of personal filings by people ruptcy crisis is partly a moral crisis. AMENDMENT NO. 2538 who fear imminent changes in the bank- And bankruptcy lawyers who push (Purpose: To make an amendment with re- ruptcy law. bankruptcy play the role of carnival Business bankruptcies continued to de- spect to the disallowance of certain claims cline, but personal bankruptcies, which ac- barkers who promise an easy way out and to prohibit certain coercive debt col- count for 97% of the filings, edged up 2.5% to anyone who will listen. lection practices) from the second quarter a year earlier. That As it stands now, this bankruptcy re- At the appropriate place, insert the fol- pushed the total number of bankruptcy fil- form bill, S. 625, merely requires attor- lowing:

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28963 SEC. ll. DISALLOWANCE OF CERTAIN CLAIMS; cover from the financial crises that for the hard-working Americans who PROHIBITION OF COERCIVE DEBT COLLECTION PRACTICES. drove them into bankruptcy. work at the minimum wage. (a) IN GENERAL.—Section 502(b) of title 11, For nearly two-thirds of the families But it is time—long past time—to United States Code, is amended— that file for bankruptcy, a job crisis led raise the minimum wage. Too many (1) in paragraph (8), by striking ‘‘or’’ at the to their downfall. Many of those fami- hard-working Americans struggling to end; lies faced a job loss. A Bureau of Labor keep their families afloat and their (2) in paragraph (9), by striking the period Statistics study reported that only dignity intact can’t make enough in a at the end and inserting ‘‘; or’’; and about a quarter of displaced workers 40 hour week to lift their families out (3) by adding at the end the following: had found a new job at the same or bet- of poverty—and that’s wrong. The per- ‘‘(10) such claim arises from a transaction— ter pay as the job they lost. A third of centage of poor who are full-time year- ‘‘(A) that is— displaced workers were still looking for round workers was 12.6% in 1998—high- ‘‘(i) a consumer credit transaction; work. Nearly half of the displaced er than any time in the last 20 years, ‘‘(ii) a transaction, for a fee— workers had to settle for work at much according to a new report from the ‘‘(I) in which the deposit of a personal lower salaries—an average 20% pay cut Census Bureau. check is deferred; or for those lucky enough to find full time Our minimum wage amendment is a ‘‘(II) that consists of a credit and a right to jobs, and a much steeper cut for those modest proposal— a one dollar increase a future debit to a personal deposit account; who took part-time work. in two installments—50 cents next Jan- or Large numbers of women who will uary, and 50 cents the following year. ‘‘(iii) a transaction secured by a motor vehicle or the title to a motor vehicle; and suffer under this bill will benefit from Over 11 million American workers will ‘‘(B) in which the annual percentage rate a minimum wage increase. Divorced benefit. (as determined in accordance with section women are four times more likely to At $6.15 an hour, working full-time, a 107 of the Truth in Lending Act) exceeds 100 file for bankruptcy than married minimum wage worker would earn percent.’’. women or single men. Often, they are $12,800 a year under this amendment— (b) UNFAIR DEBT COLLECTION PRACTICES.— forced into bankruptcy because they an increase of over $2,000 a year. (1) IN GENERAL.—Section 808 of the Fair are owed child support or alimony. Di- That additional $2,000 will pay for Debt Collection Practices Act (15 U.S.C. seven months of groceries to feed the 1692f) is amended— vorced women trying to raise children (A) in the first sentence, by striking ‘‘A face a daunting challenge to provide average family. It will pay the rent for debt collector’’ and inserting the following: for their families. This bill will make five months. It will pay for almost ten ‘‘(a) IN GENERAL.—A debt collector’’; and it harder to meet that challenge. But months of utilities. It will cover a year (B) by adding at the end the following: raising the minimum wage will help al- and a half of tuition and fees at a two- ‘‘(b) COERCIVE DEBT COLLECTION PRAC- most seven million women, many of year college, and provide greater op- TICES.— them struggling to maintain their fam- portunities for those struggling at the ‘‘(1) IN GENERAL.—It shall be unlawful for any person (including a debt collector or a ilies. minimum wage to obtain the skills creditor) who, for a fee, defers deposit of a African American and Hispanic fami- needed to obtain better jobs. personal check or who makes a loan in ex- lies disproportionately face the threat The national economy is the strong- change for a personal check or electronic ac- of bankruptcy and the repercussions of est in a generation, with the lowest un- cess to a personal deposit account, to— a low minimum wage. They are six employment rate in three decades. ‘‘(A) threaten to use or use the criminal times more likely than other Ameri- Under the leadership of President Clin- justice process to collect on the personal cans to seek bankruptcy protection, ton, our economy is strong. check or on the loan; and they will be disproportionately Enterpriseand entrepreneurship are ‘‘(B) threaten to use or use any process to flourishing—generating unprecedented seek a civil penalty if the personal check is harmed by this bankruptcy bill. But returned for insufficient funds; or they also comprise one-third of those economic growth, with impressive effi- ‘‘(C) threaten to use or use any civil proc- who will benefit from an increase in ciencies and significant job creation. ess to collect on the personal check or the the minimum wage. This amendment The stock market has soared. Inflation loan that is not generally available to credi- will help more African American and is low, and interest rates are low. We tors to collect on loans in default. Hispanic families meet their families’ are witnessing the strongest peace- ‘‘(2) CIVIL LIABILITY.—Any person who vio- needs. time growth in our history. lates this section shall be liable to the same Low income families struggling to The country as a whole is enjoying extent and in the same manner as a debt col- meet their obligations often find them- an unprecedented period of growth and lector is liable under section 813 for failure to comply with a provision of this title.’’. selves facing bankruptcy. Some argue prosperity. But for millions of Ameri- (2) CONFORMING AMENDMENT.—Section that the rise in bankruptcy filings is cans it is someone else’s prosperity. 803(6) of the Fair Debt Collection Practices due to a lack of responsibility. But too Working 40 hours a week, 52 weeks a Act (15 U.S.C. 1692a(6)) is amended by strik- often the problem is a matter of basic year, a person earning the minimum ing ‘‘808(6)’’ and inserting ‘‘808(a)(6)’’. household economics. Families going wage would earn only $10,700—almost The PRESIDING OFFICER. The into bankruptcy have less income than $3,200 below the poverty guidelines for amendments are set aside. The Senator most Americans. A raise in the min- a family of three. from Massachusetts. imum wage will give them the eco- Each day we fail to raise the min- Mr. KENNEDY. Mr. President, rais- nomic boost they need to avoid bank- imum wage, families across the coun- ing the minimum wage is critical to ruptcy. try continue to fall farther behind. One preventing the economic free fall that Our proposal will give these low in- fact says it all—the minimum wage often leads to bankruptcy. Many of us come wage earners the pay raise they would have to be $7.49 an hour today, have sponsored the Fair Minimum need and deserve to care more effec- instead of the current level of $5.15, to Wage Act of 1999 to begin to right that tively for their families—to buy the have the same purchasing power it had wrong. food and clothing, and health care they in 1968. That disparity shows how far Amending the bankruptcy bill to in- need, without going into debt. we have fallen short in the past genera- crease the minimum wage will help Recently, members of Congress voted tion in guaranteeing that low income many of the people this so-called bank- to raise their own pay by $4,600—but workers receive their fair share of the ruptcy ‘‘reform’’ is likely to hurt—low not the pay of minimum wage workers. nation’s prosperity. income families, minorities and Republican Senators don’t blink about The Republican proposal to raise the women. For many low income workers, giving themselves an increase. How can minimum wage by one dollar over the struggle to make ends meet is too they possibly deny a fair increase for three years beginning on March 1, 2000, difficult, and they find themselves fac- minimum wage workers? is a cruel hoax on the lowest paid ing bankruptcy. Raising the minimum In fact, the Republican leadership American workers. Our Democratic wage will help many of these hard- has gone to extraordinary lengths to plan to increase the minimum wage by working individuals and families re- block action by Congress on a pay raise 50 cents on January 1, 2000 and another

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28964 CONGRESSIONAL RECORD—SENATE November 8, 1999 50 cents on January 1, 2001, would put companies that provide high tech true. Since the last increase enacted by almost $1,200 more than the Republican training to their employees. It also en- Congress, the economy has created new proposal into the hands of the hard- courages the creation of new jobs for jobs at a rate of over 235,000 a month. working women and men who work at those who are currently outside the Job creation in the sectors most af- the minimum wage. workforce by extending the work op- fected by the minimum wage is up The Republican proposal is an insult portunity tax credit and the welfare- too—with almost 1.2 million new jobs to low wage workers. In addition to to-work tax credit, and by establishing in the retail sector, and 400,000 new robbing workers of over $1,200, it effec- tax incentives for ‘‘new market’’ com- jobs in restaurants. Employment is tively repeals the overtime pay law munity development. up—and the unemployment rate is that has guaranteed time-and-a-half In addition, our package accelerates down—among teenagers, African Amer- overtime pay for over 60 years. The so- the deductibility of health insurance icans, Hispanics, and women. called ‘‘bonus’’ provision of the Repub- premiums for self-employed workers. It As Business Week magazine has stat- lican proposal jeopardizes the overtime excludes educational benefits provided ed, pay of 73 million Americans by elimi- for employees’ children from taxation, [H]igher minimum wages are supposed to nating the requirement that bonuses, and it helps workers save for their re- lead to fewer jobs. Not today. In a fast- commissions, and other similar forms tirement. growth, low-inflation economy, minimum of compensation be included in a work- These are the types of tax provisions wages raise income, not unemployment. . . . er’s regular pay for purposes of calcu- that Congress should be enacting. They A higher minimum wage can be an engine for upward mobility. When employees become lating overtime pay. As the United are tax cuts which will benefit a broad more valuable, employers tend to boost States Supreme Court said in inter- spectrum of businesses and workers training and install equipment to make preting the Fair Labor Standards Act, and strengthen the economy. They are them more productive. Higher wages at the exclusion of bonuses from overtime pay not tax breaks which only further en- bottom often lead to better education for will ‘‘nullify all the purposes for which rich an already privileged few. both workers and their children. . . . It is it the [Act] was created.’’ This debate should be about the real time to set aside old assumptions about the The Republican proposal is just one financial needs of low income workers minimum wage. more part of an ongoing assault on low and small businesses. A modest in- It is time to raise the federal min- wage workers that includes balancing crease in the minimum wage should imum wage. No one who works for a the budget on the backs of the working not be held hostage to the desire for ex- living should have to live in poverty. I poor; cutting workers’ pay through the travagant new tax breaks for those urge my colleagues to join me in rais- compensatory time bill; providing pen- who are already the most economically ing the minimum wage. sions for the wealthy but not for work- privileged. It makes sense to provide AMENDMENT NO. 2751 ing families; blocking workers’ right to fiscally responsible tax assistance to (Purpose: To amend the Fair Labor Stand- organize; and undermining worker safe- small businesses and their employees. ards Act of 1938 to increase the Federal ty and health. All the tax cuts we are proposing are minimum wage) Shame on those who want to lavish fully paid for and carefully targeted to Mr. KENNEDY. Mr. President, I call over $75 billion in tax breaks on busi- meet genuine needs. It is appropriate up amendment No. 2751. ness, while cutting this modest pay to enact them as part of our legislation The PRESIDING OFFICER. The raise for low income workers. Repub- to raise the minimum wage. clerk will report. licans are more interested in providing Finally, raising the minimum wage is The legislative clerk read as follows: tax breaks for the rich than in fairly far more than a labor issue. Raising The Senator from Massachusetts [Mr. KEN- NEDY] proposes an amendment numbered compensating minimum wage workers. the minimum wage is a women’s issue. 2751. When Congress has just voted to raise Almost 60 percent of minimum wage (The text of the amendment is print- its own pay, it is hypocritical and irre- workers are women. 7 million women ed in today’s RECORD under ‘‘Amend- sponsible to deny fair pay for the coun- across the nation—12.6% of all working ments Submitted.’’) try’s lowest paid workers. women—would benefit from this in- Mr. KENNEDY. I yield whatever time As the Washington Post said last crease. the leader desires. I understand we week: ‘‘The minimum wage should be Raising the minimum wage is a chil- have a time agreement; am I correct? increased, and the increase should not dren’s issue. Over two million married The PRESIDING OFFICER. There become a political football. . . . The couples and almost a million mothers are going to be 2 hours evenly divided. price of a bill to help the working poor would receive a pay raise as a result of Mr. KENNEDY. May I inquire again, ought not be an indiscriminate tax cut our increase. Eighty-five percent of what is the time agreement? I under- for those at the very top of the eco- these single mothers have total house- stand there are going to be two amend- nomic mountain.’’ hold incomes below $25,000 a year. ments—one offered by Senator Our legislation does contain a fis- Raising the minimum wage is a civil DASCHLE and one offered by Senator cally responsible package of small rights issue. Over two million Hispanic NICKLES or Senator LOTT. We were business tax provisions which would workers and almost as many African going to debate both of those this cost approximately $11.5 billion over American workers will receive a raise. afternoon and vote on them tomorrow. the next five years. Those provisions Together, they make up one-third of Can the Chair tell me how much time have been designed to provide financial those who will benefit from the in- we are allocated this afternoon to de- assistance to the small businesses crease. bate the two amendments? which will be paying the higher min- Raising the minimum wage is a fam- The PRESIDING OFFICER. There imum wage to their employees. The ily issue. The average minimum wage will be 2 hours of time evenly divided cost of these tax benefits is fully paid worker brings home half the family on each of those two amendments. for. earnings. Half the benefits of our one Mr. KENNEDY. For this afternoon. Unlike the Republican proposals, this dollar increase will go to households The PRESIDING OFFICER. Yes, for bill will not draw down the surplus. It earning less than $25,000 a year. Par- this afternoon. will not jeopardize our ability to use ents need this raise so they can provide Mr. KENNEDY. I yield whatever time the surplus to strengthen Medicare and their children with food, clothes, and a the leader wants. Social Security for the future. Our tax decent place to live. The PRESIDING OFFICER (Ms. COL- proposal contains provisions which will Some of our colleagues who oppose LINS). The minority leader. benefit both employers and employees. the minimum wage still believe the Mr. DASCHLE. Madam President, I It provides a tax credit for worksite dire ‘‘sky is falling’’ predictions of eco- appreciate the clarification. That was child care facilities, a tax credit to en- nomic disaster that were raised before the understanding. So there is no con- courage small businesses to offer em- we voted to raise the minimum wage in fusion, we now have 4 hours of debate ployee pensions, and a tax credit for 1996. None of those predictions came on the two amendments.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28965 I appreciate the opportunity to come After doing all they could for as long tax cuts target small businesses and to the floor at this point to talk about as they could to block any increase in family farms. The Republican tax the amendment offered on behalf of our the minimum wage, now our Repub- breaks overwhelmingly benefit those in colleagues, but really on behalf of the lican colleagues have their own pro- the top end of the income strata. 11 million Americans who will benefit posal. They will raise the minimum A minimum wage increase ought to from this minimum wage once it is wage, but they are saying to working be able to pass, as I said a moment ago, passed into law. families: ‘‘We are not going to let you on its own merits. If we are going to in- I thank especially Senator KENNEDY have it in 2 years. We know now you clude tax cuts, they ought to reduce for his extraordinary leadership and will only be making $12,792, but we the impact, as marginal as it is, of a persistence in making sure this issue want you to wait 3 years for your raise. minimum wage increase on the busi- was addressed prior to the end of the But we are for family values, we are for nesses that will be most affected by it. first session of this Congress. Were it helping people get ahead.’’ The Republican proposal fails this not for his dedication and extraor- They want to believe there is not a basic test of fairness, relevance, and dinary efforts, we would not be here dime’s worth of difference between fiscal responsibility. this afternoon. their plan and our plan. That is not so. How would the Democratic tax cuts I also thank Senators ROBB and BAU- There are at least three major dif- help small businesses and family CUS for the leadership they have pro- ferences. farms? vided, and I thank many of our col- First, this 3-year delay is going to First, we lower the cost to small leagues for their strong support for cost a typical working family $1,200 businesses of making investments by this legislation. over 3 years. That is what that delay raising to $25,000 the amount of an in- We fought all year long to bring this costs. I know around here that does not vestment a business can write off im- amendment to the floor because low- sound like a lot of money, but to a mediately. If you make a $25,000 invest- income working families need and de- family trying to scrape by on minimum ment, you can write it off in the first serve a raise. The average American wage, it is 10 percent of a year’s in- year and you do not have to wait. That family now works an additional 265 come; $1,200 a year is 3 months’ worth is one way to help small businesses. They tell me time and again we have hours a year just to maintain the same of rent. It is 4 months’ worth of gro- to encourage them to reinvest and to standard of living they had at the be- ceries; it is 6 months’ worth of utili- ginning of this decade. That is an addi- put more money back into their busi- ties; and it is 1 year in tuition and fees tional 6 weeks a year. We believe it is nesses. There is no better way to do at a 2-year college. that than to say: make an investment time parents could be spending attend- So there is a big difference. Do not and you can expense it immediately. ing parent-teacher conferences or play- let anybody say that simply waiting ing with their children or maybe just We do that. another year for that full dollar benefit reading Harry Potter with them. It is Second, we provide a tax cut of up to is a minor matter. We are talking rent; time husbands and wives could be talk- $4,000 to cover startup costs of adopt- we are talking utilities; we are talking ing with each other. It is not enough ing a pension plan so more small busi- groceries. It is whether or not in some just to talk about family values, we nesses can offer their workers pensions. cases families are going to have two or need to show by our actions that we This not only helps businesses, it helps three meals a week together or wheth- value families. We need to raise the the workers, and it helps businesses at- er that one meal on Sunday will have minimum wage, and we need to do it tract good workers and increases work- to do. this year—now. ers’ retirement security. It is a win- The second difference between our I recently met a young father in win. South Dakota who told me that he and proposal and the Republican proposal In this day and age, what business his wife eat only one meal a week to- has to do with the tax cuts. We offer people tell me all through South Da- gether, and that is on Sundays after tax cuts. I really do not think there is kota, as they are attempting to com- church. The rest of the week, his work any connection, frankly, between the pete for a very limited workforce, is schedule keeps him away from his fam- minimum wage and the need for tax that there has to be an incentive to be ily because he has more than one job. cuts. Each ought to be considered in able to recruit and then ultimately to He is one of many workers in this Na- their own right. retain good people. There is nothing tion who are working three jobs, two of I am troubled a little bit about this more important in retaining good peo- them at minimum wage, just to make tendency to want to marry tax cuts ple than ensuring that in the long term ends meet. We can do better than that. into something that is important to do they are not only going to have a good In this economy, we must do better in its own right. But I do understand income but they are going to have a than that. We are in the longest, the importance of providing meaning- good retirement. This package does it. strongest period of economic recovery ful tax relief targeted to small busi- Third, we accelerate the full deduct- in our Nation’s history. The stock mar- nesses. I am for that. And our caucus, ibility of health insurance for the self- ket and worker productivity are both and I hope the Senate, is for that. employed. We have already provided at record highs. We offer a tax cut package that will fulldeductibility, and now we move it It has been 3 years since the last cost $28.5 billion over 10 years. But the up. We more rapidly incorporate time we increased the minimum wage, tax breaks the Republican plan entails fulldeductibility, so that every small and if we do not pass another increase would cost $75 billion—over twice as business can benefit in providing now, by the end of this month the pur- much. It is not just the cost that wor- health insurance in those cases when chasing power of the minimum wage ries me, it is the fact that the Repub- they are self-employed. will have fallen to the lowest point it lican tax cuts are not paid for. Fourth, our proposal raises the spe- has been in 40 years. The real value of We have heard all of this railing cial estate tax exemption for family- the minimum wage is now at almost about Social Security trust funds. But owned small businesses and farms by $2.50 below what it was in 1968—$2.50 an the Republicans do not seem to be too $450,000. hour. concerned about Social Security when Fifth, we make it easier for farm co- We are proposing we raise the min- it comes to this tax cut. While they operatives to raise capital. imum wage, not by the $2.50 required pay for the first year, there is abso- Finally, and very importantly, we to get back to the parity level of 1968, lutely no money for the tax cuts the provide tax relief to farmers who are but $1 an hour over 2 years. That is as second through the 10th years. What experiencing losses during the current modest a proposal as anyone can pro- that means is that it is going to have crisis. pose. Under it, the minimum-wage to come out of education, other prior- That is how our tax cuts help small worker who now works full time would ities, or even Social Security. businesses and family farms. earn only $12,792 a year, but it would be The third difference between our tax But our proposal also contains tax $2,000 more than he or she now earns. cuts and the Republicans’ is this: Our cuts to help low-income workers. We

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28966 CONGRESSIONAL RECORD—SENATE November 8, 1999 extend the successful work opportunity agers who are working part time to pay The PRESIDING OFFICER. Without and the welfare-to-work tax credits for for cars and CD players. objection, it is so ordered. 5 years. We increase tax incentives for Again, the facts show otherwise. Ac- Mr. DASCHLE. Madam President, I entrepreneurs to invest in empower- cording to the Bureau of Labor Statis- ask unanimous consent that the time I ment zones. First-round empowerment tics, 70 percent of all minimum-wage have just consumed be taken from my zones have shown that wage tax credits workers are 20 years old or older; near- leader time for today. are a valuable economic development ly 60 percent are women; and 40 percent The PRESIDING OFFICER. Without tool. are sole breadwinners in their families. objection, it is so ordered. Currently, there are no wage tax Our economy is the strongest it has Mr. DASCHLE. I yield the floor. credits available for round 2 zones. By been in my lifetime. But behind the Mr. KENNEDY addressed the Chair. making these tax credits available, by prosperity, there are still far too many The PRESIDING OFFICER. The Sen- building on what we know works, we families who are working too hard, too ator from Massachusetts. can bring new jobs and opportunities to long, for too little pay. Mr. KENNEDY. Madam President, I places such as the Pine Ridge Reserva- In South Dakota, while many fami- yield myself 15 minutes. lies are moving ahead, too many others tion empowerment zone in South Da- The PRESIDING OFFICER. The Sen- are being left behind, creating, in ef- kota and other communities that des- ator is recognized. fect, two South Dakotas. On the sur- perately need opportunities like it. Mr. KENNEDY. Madam President, it face, South Dakota is fortunate. Our We also include in our plan the Presi- has taken us a long time during this unemployment rate is 2.6 percent, one dent’s new markets tax credit to help Congress to have the opportunity to of the lowest in the Nation. But in people in communities that have so far present a legislative proposal to the some of our counties, unemployment is not shared in the country’s record eco- Senate that would provide an increase as high as 7 percent. South Dakota is in the minimum wage for America’s nomic prosperity. The new markets tax also the home to the poorest commu- workers who are working on the lower credit will encourage private capital to nity in America, the Pine Ridge Indian rung of the economic ladder: 50 cents flow into equity investments in busi- Reservation. nesses in these areas. Bipartisan sup- There are good people—hard-working next year and 50 cents the following port for this proposal is growing, and it people—all across this country, who year. is extremely fitting to include it in a are struggling to make ends meet on We have tried to bring this before the proposal to raise the minimum wage. minimum-wage jobs. They need a raise. Senate over the year in a number of Our tax cut is smart; it is strategic; And they are not alone. That is why re- different forms and shapes. We were and I emphasize, it is paid for. I espe- ligious leaders around the country unable to do so. Now we have the op- cially commend Senators ROBB and today are urging us to raise the min- portunity to debate it this afternoon BAUCUS for their efforts in helping to imum wage. and to vote on it tomorrow. Hopefully, develop it. As members of the Senate It is critical that we not miss this op- we will have success in passing it. Finance Committee, they have done an portunity. A job isn’t just a source of It is very clear that its outcome is outstanding job of ensuring that as we income; it ought to be a source of uncertain because of the fact that, look at the array of tax tools that pride. The U.S. Catholic Conference rather than having a chance to vote on would be helpful to workers and small tells us the minimum wage should re- a freestanding piece of legislation that businesses, we put the tightest, most flect principles of human dignity and would be considered freely and then targeted, most focused package to- economic justice. Unfortunately, to- considered by the House, passed on to gether. And they have done it in this day’s minimum wage does not do that. the Senate, this will be wrapped into amendment. I want to read something that I think other extremely controversial legisla- The third difference between our probably puts it in perspective quite tion. But we are doing the best that we minimum wage plan and the one our well. This is a quote that is not one of can. We want to give assurances to colleagues are offering is simply this: mine, and not one of Senator KEN- those Americans who are working at The President will sign our plan. The NEDY’s. It is a quote made by former the minimum wage that we are going Republican proposal is absolutely dead majority leader Bob Dole the last time to continue this battle, as we have over on arrival. the Congress voted to raise the min- these past years. We are going to con- Now, we know we will hear dire imum wage in 1996. Bob Dole said at tinue the battle next year at each and warnings from some of our colleagues the time: ‘‘I never thought the Repub- every opportunity, until we have the on the other side. They will say raising lican Party would stand for squeezing chance to pass meaningful minimum the minimum wage will actually hurt every nickel out of the minimum wage legislation. So there should be no low-income workers because employers wage.’’ doubt in anyone’s mind that this some- will be forced to cut minimum-wage He was right then. If he were on the how is going to conclude the debate. jobs. floor today, he would be right now. If American workers are entitled to an We now know that is nonsense. We we don’t pass a minimum wage in- increase in the minimum wage. We are have study after study that proves rais- crease by the end of next month, more prepared to make their cases. I am ab- inflation will have wiped out the entire ing the minimum wage does not kill solutely convinced we will be success- increase he was referring to in 1996. We jobs at all. In fact, since the last time ful. cannot allow that to happen. It is time we raised the minimum wage—in 1996— It is unfortunate we have to try and we stopped squeezing every last nickel American employers have created convince our colleagues on the other out of the minimum wage. It is time to nearly 9 million new jobs. In my State, side on the basis of the merits of this raise the minimum wage the right way, 17,000 new jobs have been created. The $1 an hour over 2 years, with respon- case, but I think it is important that national unemployment rate has fallen sible targeted tax cuts to help small we, in a preliminary way, address some from 5.2 percent to just over 4 per- business owners and family farmers, of the reasons that have been cent—the lowest jobless rate in 30 not an unpaid-for tax windfall for all raisedhistorically against the min- years. Even the Wall Street Journal those who need it the least. imum wage. and Business Week now say the 1996 Madam President, I suggest the ab- First of all, let’s look at where we predictions about job losses were sence of a quorum. are on the issue of the minimum wage. wrong. The PRESIDING OFFICER. The This chart reflects where the minimum Another argument we will surely clerk will call the roll. wage has been since 1967–1968. These hear from our friends in the other The bill clerk proceeded to call the are real dollars. We see that if the min- party is that increasing the minimum roll. imum wage today was going to have wage has nothing to do with increasing Mr. DASCHLE. Madam President, I the purchasing power it had in 1968, it family incomes. They will argue that ask unanimous consent that the order would be $7.49, not $5.15 an hour. It most minimum-wage workers are teen- for the quorum call be rescinded. would be about $2.30 higher than where

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28967 it is today. What we have seen is a nities. Since the last increase was en- University of Maryland, 70 percent of gradual decline of the purchasing acted by Congress, the economy has the fastest growing occupations in the power of the minimum wage. This is so created new jobs at a rate of 235,000 a United States have a disproportionate despite the fact that we now have the month. That addresses, I hope, the eco- number of female employees and re- greatest economic prosperity in the nomic reasons for not having an inquire more than 40 percent of their history of the country—more Ameri- crease in the minimum wage. workers to put in nonstandard hours. cans employed, the greatest stock mar- Let’s take a moment and think about Here we are finding out about who is ket, lowest interest rates, lowest rates who these people are—who are the min- being targeted. It is women. And for of inflation, lowest unemployment, imum-wage workers? This has to be what? Nonstandard hours and over- highest rate of employment in the his- enormously distressing to all Ameri- time. At a crucial point in their lives tory of the country. Nonetheless, for cans because there is no group of when they are trying to bring up chil- those individuals who are at the lower Americans that is working harder and dren and be there for them, we find out end of the economic ladder, they are slipping further behind than women in they are working harder, working slipping further and further and fur- our society. Almost 60 percent of min- longer, and they are making less. Two- ther behind. imum wage workers are women. 7 mil- thirds of the workers would like to If our amendment does not pass, the lion women across the nation—12.6 perwork fewer hours—almost 20 percent purchasing power of the minimum cent of all working women—would ben- more than 5 years ago. But most of wage will continue to decline—to the efit from this increase. those workers believe they can’t cut lowest minimum wage almost in the And working fathers are being af- back on hours because they need the history of the country. Every day that fected too. We know now that em- money—46 percent. These 20 percent of we delay, minimum-wage workers fall ployed fathers with children under 18 workers, might be able to work fewer further behind. If we don’t raise the work longer hours, averaging 50 hours hours if the minimum wage were in- minimum wage by the end of this year, a week. That is well over the average creased. it will lose all of the value of the last work time for those tens of millions of Another recent study, ‘‘Working increase in 1996. This is where we are. Americans who go to work at 40 hours Hard, But Staying Poor,’’ notes that Now, what are we talking about in a week, and they get overtime. The av- working poor are predominantly hour- scope in terms of the minimum wage? erage for fathers with children under 18 ly employees, and 71 percent have little How large an increase are we talking is 50 hours a week. Fathers’ total work paid vacation; 48 percent have no paid about? And what will be its impact in time has increased by 3 hours in the vacation at all—none, none. And 18 per- terms of our total economy? Increasing past 20 years, and mothers’ total work cent have a week or less. Madam Presi- the minimum wage by a dollar is vital time has increased by 5 hours. dent, 70 percent of those making the to workers, but it is a drop in the buck- Almost one-half, 45 percent of the minimum wage have virtually no vaca- et of the national payroll. workers, report having to work over- tion, or less than a week of paid vaca- If you combine their wages and sala- time with little or no notice. One in tion. ries, all Americans earn $4.2 trillion a five is asked to work overtime 4 or We can’t give them an increase of 50 year. An increase of $1 in the minimum more days a week, with little or no no- cents an hour? No. Even though we wage would amount to one-fifth of 1 tice. What does that mean to the fami- have just voted ourselves $4,600 a year, percent in terms of total wages over lies? Here they are working at min- we are not going to vote for them 50 the country. We should not even hear imum wage, they may have one job, cents more an hour next year. No. This the argument—and I hope we won’t— but they probably two jobs, trying to is what is happening to these families. that this effort to raise the minimum make ends meet, already working 50 This is what is happening to these fa- wage is somehow going to be infla- hours a week. Then they are told, with- thers and mothers. This is what is hap- tionary. We are talking about one-fifth out warning, they have to work over- pening to these children. And we say, of 1 percent of total wages for those time, which may disrupt their other oh, we can afford $4,600 a year for Mem- who are working 40 hours a week 52 employment. With the number of hours bers of Congress and the Senate, but we weeks a year. In a moment, I will come at each job, especially with the addi- can’t do something about mothers and to that. More of them are working 50 tion of overtime, we are seeing increas- fathers who are increasingly taken hours a week, trying to play by the ing numbers of mothers and fathers away from their children in order to rules, trying to bring up a family and forced to spend more and more time make ends meet. they are still coming up short. away from their children. That is what this issue is about when This is what is happening. We are According to a 1999 Council of Eco- you come right down to it. We say: finding out that those who are on the nomic Advisors study, families are suf- Wait a minute here. Where is produc- bottom rung of the economic ladder are fering. The study says that parents tivity in all of this? In the last 10 years working hard but still in poverty. The have, on average, experienced a de- we have seen a 12-percent increase in annual minimum wage is not even crease of 22 hours per week available to productivity for workers in the United keeping up with the poverty line. We spend time with their children. That is States, but only a 1.9 percent pay in- are finding more and more workers what this minimum wage is all about— crease to match. That includes the who are affected by this. parents having less time to spend with highest increases by workers in the Then, finally, on this phase of the de- their children. I hope we are not going country, not the minimum wage. That bate, I want to point out the employ- to hear a lot of speeches out here about is what has happened, a 1.9-percent in- ment figures. We find that we have the importance of family values by crease. We have seen a 29-percent in- seen, since the increase in the min- those who vote against this increase. crease in productivity since 1973, and imum wage that we passed in 1996 and Twenty-two hours per week less—that the minimum wage hasn’t even kept up 1997, there has still been an increase in is what is available for parents to with it. What is going on here? No un- job growth. This chart shows the in- spend time with their children. A de- employment, no inflation, productivity crease in 1996, up to $4.75, and then to crease has happened and if we really going up through the roof, and we give $5.15. Even with these increases we see care about families we need to change ourselves $4,600, and Republicans op- new jobs being created and strong eco- that. pose 50 cents more an hour increase in nomic growth. Another factor, in addition to par- the minimum wage. All of those on the other side of the ents having less time to spend with And are Americans really working? aisle who made the predictions that we their children, is the increasing shift There are no workers in the world— are going to lose 300,000 to 400,000 jobs work. Shift work is growing fastest in none in the world—who are working if we pass an increase in the minimum the service sector, which is heavily re- longer and harder than wage were wrong. To the contrary, we liant on women workers. According to Americanworkers today. Japan works have seen an expansion of job opportu- the study by Harriet Presser at the 54 hours less a year; the Canadians, 215;

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28968 CONGRESSIONAL RECORD—SENATE November 8, 1999 the British, 221; the French, 314; the going to spread out the increase for sonal way that when I was teaching Germans, 389. Every other industrial those at the lowest end of the economic and hoping to become a Senator, this is nation in the world is working less. ladder. That is the Republican leader- what I imagined it would be. I could The Americans, at the lowest end, ship position. come to the floor of the Senate and are working longer and harder trying Now, the American people must won- support an amendment introduced by to make ends meet, with no kinds of der what in the world is going on when Senator KENNEDY, that I would be health insurance programs, no paid va- the Senate and House are trying to get lucky enough to have Dale Bumpers’ cations, and they are being jammed together with the President on this desk and be able to sit next to Senator with increases in overtime without no- budget, and we are talking about KENNEDY and come out here and fight tification, and they are trying to pro- spending Social Security, and we have for what I think is just elementary eco- vide for their children. What happens? before us in the Senate a tax break for nomic justice. I am very proud to rise I will tell you what happens. Today, $75 billion over the next 10 years. to speak in behalf of this amendment. we have the new census figures that Where are we getting all that money? I On behalf of 176,000 Minnesotans who are just out, and they are very inter- hope they have given up this argument would be helped by this, much less the esting. The latest census figures show that, ‘‘Well, look out for the Demo- workers and their children—there that the percentage of working poor— crats because they are going to spend would be many more citizens—I thank 12.6 percent—is at its highest point in Social Security.’’ There is $75 billion in him. On behalf of another 11 million- 20 years. That’s right, at a time when the Republican program that is unpaid plus workers in the country who would our country is so strong economically for. benefit from this $1 raise over 2 years, we have the highest number of working As I mentioned, I think the compel- I thank him. poor in 20 years—the highest number of ling reason is the fact that these are I say to all of my colleagues—Demo- working poor. You can look at those men and women who are hard-working. crats but especially Republicans on the figures and say, well, the median in- They are child care and health care other side of the aisle—wherever I have come for lower income families has workers who we entrust with the care traveled in our country—I start with gone up. OK. I am talking about those of our loved ones every day. They clean my State of Minnesota—no matter individuals who are getting the min- out the buildings of American industry where it is in Minnesota, in the city, or imum wage. More of them are working and factories every single night. in rural areas, or in the suburbs, or in poverty than at any other time. This is a women’s issue because the whether it is the Deep South, whether More of them are working, and work- great majority of the minimum-wage it is L.A., East L.A. or Watts, or ing for less, than at any other time. workers are women. It is a children’s whether it is, inner-city Baltimore, or More of them are falling further behind issue because whether those mothers whether it is rural Minnesota—the one than at any other time. and fathers are going to make a decent thing that people come up and say over What do we have to prove? What is wage is going to affect those children. and over again more than anything there to prove? I can tell you this. If They worry that they are not going to else is: We want to be able to have a you look back on the movement from have warm homes in the winter and job at a decent wage so we can support welfare to work, you will find that enough to eat, which we know they our families, so our children can have every economist virtually agrees that don’t have. We know what the Second the care we know they need and de- one of the principal reasons for move- Harvest reports are about—the number serve. ment from welfare to work was the in- of families working and not making a When I went to visit the part of the crease in the minimum wage. About livable wage are going out to the food country where my wife Sheila and her 700,000 of those moved from welfare to pantries all across this country. That family come from, Appalachia, Harlan work because of the minimum wage. is why the mayors—Republican and County, it was the same thing. That is With this additional increase of a dol- Democrat alike —support our increase. what people want to be able to have —a lar, from every estimate, from 200,000 It is a women’s issue, a children’s living-wage job, to be able to earn to 300,000 more will move from welfare issue, and a civil rights issue because enough of an income so they can sup- to work. They value work. People want many of these men and women are peo- port their children, so they can do to work. They did when we increased it ple of color. And most of all, it is a right by their children. That is what last time and I think they’ll do it fairness issue. this amendment is all about. To talk again. How in the world does the Republican about raising the minimum wage from What does it mean for the taxpayer? leadership go home to their commu- $5.15 an hour to $6.15 an hour over 2 It is beneficial to the taxpayer. Why? nities and say we voted for a $4,600 pay years so we don’t lose what we gained You will find if you pay more in the increase and against your minimum in 1997 is a matter of elementary jus- minimum wage, you have fewer people wage? tice. who qualify for support programs. That I hope every citizen will ask their I heard Senator KENNEDY say this. I makes sense. Fewer will be qualified Members of the Senate when we ad- guess I need to emphasize this one or for food stamps, fuel assistance pro- journ—whenever that may be, that par- two times myself. I don’t know how grams, and other kinds of support pro- ticular issue is still in question—why a Senators or Representatives can vote grams. And it will save taxpayers bil- Member’s salary is more important for a $4,600 increase for ourselves when lions of dollars. So it is difficult for me than theirs. we are already making $130,000-plus a to understand the opposition we are re- Others desire to speak. I see my year and say we need this because we ceiving. friend from Minnesota. How much time have children who are in college and In the Democratic proposal, we added does he require? because we need to make sure we have a small program, but an important one, Mr. WELLSTONE. Madam President, enough money to cover expenses and that primarily helps working families I think I will speak for 10 minutes. But then turn around and vote against a $1 in the tax program in terms of pensions I think it will be less because I want increase over 2 years from $5.15 an hour and some other matters. But we have, the Senator to have a chance to re- to $6.15 an hour. on the opposition—and I will come to spond to the Republican arguments. Our economy is booming. In many this later when we will have some time Mr. KENNEDY. The Senator can ways we are doing well. But the fact is to talk about our Republican friends on have 10 minutes. that I still think, using Michael Har- the other side—they say don’t give Mr. WELLSTONE. I thank the Sen- rington’s term—the Senator from Mas- them a dollar in the next 2 years; they ator. sachusetts will remember that book— are not worth it. They are worth a dol- The PRESIDING OFFICER. The Sen- we still have ‘‘two America’s.’’ We have lar over 3 years, but we are worth $4,600 ator from Minnesota is recognized. one America with greater access for all more a year. We are not going to Mr. WELLSTONE. Madam President, the things that make life richer in pos- spread our pay increase out, but we are first of all, let me say in a very per- sibilities and we have another America

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28969 that still struggles to make ends meet. Is the Senator familiar with this equal. As the charts prepared by the Rising tides lift all boats. But in some study by the Family Work Institute? Senator from Massachusetts make ways, we haven’t been growing to- They had an interview with the chil- clear, the earnings of average Ameri- gether. We have been growing apart. dren of minimum-wage workers. Here cans have grown little, and the overall A minimum-wage worker now makes are three of the top four things chil- distribution of income has become in- $5.15 an hour. The average CEO in our dren would like to change about the creasingly unequal. Whether you exam- country makes $5,100 an hour. working parents and the concern about ine the trend of U.S. income distribu- Let me say to every Senator that being with their parents. They wish tion or compare the wages of U.S. this is matter of elementary justice. their parents were less stressed out by workers to those in other industri- This is, as Senator KENNEDY said, a work, less tired because of work, and alized countries, the result is clear: the family value issue. It makes a huge dif- could spend more time with them. wages of the average American worker ference, if you are able to make an ad- The kids are right. The parents have are stagnating. ditional $3,000-plus a year because of less chance to spend time with them. While I thank the Senator from Mas- this increase in the minimum wage. They are working longer. They are sachusetts for championing this That means you will be able to pay working harder. They have less time to amendment, I am also grateful that his your utility bills, and you do not have spend with their children. The children amendment extends the minimum to worry about being shut off. It means are crying out for help, assistance, and wage to the only U.S. territory where your children will be warm as opposed for understanding. minimum wage is not governed by Fed- to cold in a cold winter in Minnesota or This isn’t going to solve all of their eral law. I am speaking of the Com- in Maine, Madam President. It means problems. But this minimum will put monwealth of the Northern Mariana Is- you will be able to buy clothing for $2,000 into the family income, and it lands. your children. It means you can afford would give those parents time to spend For my colleagues who are not famil- your rent. with their children, perhaps buy a iar with this territory, the Common- I hope and I pray it will mean we will Christmas present or a birthday wealth of the Northern Mariana Islands not have so many women and so many present, and permit them to share is located 4,000 miles west of Hawaii. In children in our homeless shelters with some additional quality time. 1975, the people of the CNMI voted for 40 percent of these families having the I was wondering if that kind of re- political union with the United States. head of the household working full sponse from the children of minimum- Today, the CNMI flies the flag of the time—people who work 52 weeks a wage workers surprised the Senator United States as a U.S. territory. year, 40 hours a week, and they are from Minnesota. He has spent a great In 1976, Congress gave U.S. citizen- still poor in America because they deal of time traveling this country and ship to residents of the CNMI. At the don’t make enough of a wage to sup- talking to needy families. same time, however, Congress exempt- port themselves and their families. Mr. WELLSTONE. Madam President, ed the Commonwealth from the min- This is a family value issue. I don’t I thank the Senator for his question. I imum wage provisions of the Fair know of any issue before the Senate wish I had emphasized that more, I say Labor Standards Act. As we now know, and I don’t know of any debate that we to the Senator. I can think of so many that omission was a grave error. To- have had in the Senate that speaks poignant conversations with people in day’s amendment will correct that more loudly and clearly to family val- which they were saying: Given the longstanding mistake. ues. wages we make, every last hour we can The CNMI section of this amendment Colleagues, Republicans included, work, we work. We have no other stands for the simple proposition that vote for this Kennedy amendment if choice because that is the only way we America is one country and that the you want to support your children. can put food on the table. However, it U.S. minimum wage—whatever amount Vote for this Kennedy amendment if means we have very little time to it may be—should be uniform. Common you want to support families. Vote for spend with our children. It is not what sense dictates that our country must this Kennedy amendment if you want we want. It is not the way we want it have a single, national law on min- to support hard-working people who to be. shouldn’t be poor in America. Vote for I think this is so important for fami- imum wage. this amendment if you want to support lies. Throughout the United States, Fed- women. Too many women are the ones I yield the floor. eral law requires that minimum wage who are working full time and still The PRESIDING OFFICER. The Sen- workers be paid $5.15 per hour—every- don’t make a living wage. This is a ator from Hawaii is recognized for 7 where, that is, except the Common- matter of justice. There is a matter of minutes. wealth of the Northern Mariana Is- family values. This is a matter of doing Mr. AKAKA. Mr. President, I rise in lands. In the CNMI, the minimum wage the right thing. I hope we will have a support of the amendment to raise the is $3.15 per hour, 40 percent less than majority vote for this amendment. minimum wage. the U.S. minimum wage. Finally, I will admit it. I will make a My colleagues, the case for an in- You would have to go back twenty blatant political point. crease in the minimum wage is clear. years, to January 1980, to find a time I don’t know how in the world any- America has enjoyed eight and one-half when the statutory minimum wage was body in this Chamber can vote a $4,600 years of economic expansion. The eco- that low in the United States. Today, salary increase for himself or herself nomic boom that began in March 1999 workers in the CNMI are being paid saying we have to have this to make is now the longest peacetime expansion wages that are 20 years behind the ends meet—and that is from the in American history. times. And the numbers I have cited do $130,000 salary at the beginning—and However, the rising tide of economic not account for the effect of inflation. say no, no; we can’t vote for people to development has not lifted the boats of Once you adjust the CNMI minimum have the chance to make enough of a millions of American workers. Millions wage for inflation, you would have to wage so they can do a little better for of Americans earning the minimum go back to the 1930s—the Depression themselves and, more importantly, a wage are rapidly becoming a perma- years—to find a time when the wages little better for their children. nent underclass in our society. This of American workers had the same Mr. President, $5.15 an hour to $6.15 amendment is a big step forward for buying power as minimum wage work- an hour, a $1 increase, 50 cents a year millions who are struggling to feed and ers in the CNMI today. Adjusted for in- over 2 years ought to pass with 100 raise a family, and rent decent hous- flation, the minimum wage in the votes. ing, while earning the minimum wage. CNMI—which I remind my colleagues I yield the floor. At the same time that our economy is U.S. soil—is the equivalent of less Mr. KENNEDY. Madam President, is expanding, the distribution of in- than ten cents an hour. Ten cents an will the Senator yield for a question? come is becoming more and more un- hour! You can’t even buy a pencil for 10

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28970 CONGRESSIONAL RECORD—SENATE November 8, 1999 cents. Adjusted for inflation, the min- I believe other economic factors dic- a time when we are seeing extraor- imum wage in this territory is 60 years tate that we increase the minimum dinary development in our economy, is out of date. wage. As we look at this economy, we that one in five children still live in This situation is a disgrace. In Guam, are discovering fantastic growth in poverty in the United States; that 12 ninety miles from the CNMI, they have many quarters, but we also see that the percent of American households cannot been paying the minimum wage since incomes of the poorest Americans are meet their basic nutritional needs 1950. It’s time to end this embarrass- not growing as fast as they have grown some part of the year; that 39 percent ment and reform the minimum wage in in the past. of the families who turn to food banks the Commonwealth of the Northern Between 1950 and 1978, income growth for assistance have one adult member Mariana Islands. That’s one of the im- for the lowest earners grew proportion- who holds a job. These are working portant things that this amendment ally more than any other income level. Americans, but their wages are so low would do. What has happened recently, because of they cannot feed their families and I yield the floor. our new information society, because their children live in poverty. We can Mr. KENNEDY. I yield 10 minutes to of new technology, because of a boom- do better than this in our great coun- the Senator from Rhode Island. ing stock market, the wealthiest try. The first way to do better is to Mr. REED. Mr. President, I rise as a Americans are increasing their in- support this increase in the minimum strong and proud supporter of Senator comes substantially. In fact, the wage proposed by Senator KENNEDY. KENNEDY’s amendment to raise wealthiest one percent of Americans, The reality is that having a job today theminimum wage one dollar over 2 doubled their incomes between 1977 and does not mean you are going to be years. I commend Senator KENNEDY 1999. In sharp contrast, the poorest 20 above the poverty level. Having a min- not only for his leadership today but percent of Americans actually saw imum-wage job frequently guarantees for his attention to the needs of work- their incomes fall by 9 percent between you are below the poverty level. At ing Americans throughout his career in 1977 to 1999. this time in our history, with such eco- the Senate. There are some things that we can do nomic progress, with the vista of a new Today we are debating, and I hope century before us, with the informa- soon adopting, legislation to address an to begin to reverse this trend, to ensure that every part of our American tion age bursting upon us, we should be issue vital to America’s working fami- able to guarantee if a person works 40 lies. The amendment before us calls for family participates in our country’s economic success. The first step is to hours a week, that person should be a 50-cent increase in the minimum able to raise a family above the pov- wage in January of 2000, with another increase the minimum wage. The reality is that today, workers erty level. 50-cent increase in January of 2001. So This proposal for a minimum wage in a 2-year period we would increase making the minimum wage—heads of households, single heads of households seems only to be controversial here in the minimum wage from $5.15 to $6.15. the Senate. If you go back to Rhode Is- This minimum wage increase is a ne- with a full-time job—earn about $10,700. That is about $2,500 below the land and ask people what they think, cessity for many individuals partici- they think the minimum wage should pating in today’s workforce, particu- poverty level for a family of three. So essentially, what we are telling work- go up. They recognize and understand larly those moving from welfare to how hard it is to support their own work. Among the rationales behind ers who are going into the workforce with minimum-wage jobs, is that they families. They know if they had a min- welfare reform was that everyone who imum-wage job, it would be close to will not be able to get out of poverty. is able to work should work and that a impossible to do that. That I believe is wrong. If someone is job should offer a sustainable income. Indeed, there was a survey done by Unless we have a living minimum going to go into the workforce, work 40 the Jerome Levy Economic Institute wage, a minimum wage that can sup- hours a week, and try to raise a family, which showed that 87 percent of small port a family, a minimum wage that they should at least be able to make businesses thatwere contacted and can allow a family to meet its basic enough money to live above the pov- asked about increasing the minimum needs, then it is something of a cruel erty line. wage thought that they could absorb hoax to force people into the work- The other issue that has often been this modest cost. That is up from 79 force, knowing that they will not be raised with respect to the minimum percent just a year ago. So even small able to support themselves on their in- wage is that, really, this is just a ben- business believes raising the minimum come alone. efit for kids, that kids are the only wage is appropriate. That might be a Our economy has been performing re- group of people who have minimum- direct reflection of the fact that many markably well since the last increase wage jobs. They are the people working states have already raised the min- in the minimum wage in 1996. A record at the fast food restaurants and per- imum wage above the federal level. In- 8.7 million jobs have been created. We forming other minimum wage jobs. deed, in many parts of the country all recall when we were debating the This is not the truth. Statistics show with the highest minimum wages, minimum wage that year, one of the that 70 percent of minimum-wage earn- there is a persistent shortage of labor. most persistent objections was that the ers are adults over 20 years of age. In fact, businesses are bidding for increase would kill job growth; it They also show that 46 percent of these workers at levels above the minimum would prevent our economy from con- minimum-wage workers have full-time wage. tinuing to grow. The reality is that we jobs and that 59 percent are women. We are really talking about pro- are in the midst of a period of record This correlates closely with the star- tecting the most vulnerable workers in economic expansion during which a tling statistics we have seen with re- our economy, those without the power large number of new jobs have been spect to children and poverty. Frankly, to negotiate higher wages, those in created. one of the most disturbing statistics is areas of economic activity that do not Increasing the minimum wage is not the growth in the number of children require high skill levels, and therefore something that is going to hamper our living in poverty. Typically, these chil- can be easily replaced. These are the economy. It will enable working fami- dren are in single-parent households people for whom we should have a spe- lies to provide for their families. More- led by women. Since 59 percent of min- cial concern, these are the people we over, economic factors dictate that if imum-wage earners are women and 40 should help move up out of poverty, we don’t increase the minimum wage percent of minimum-wage earners are not by a handout but by simply reward- now, the modest growth in inflation the sole breadwinners of their family, ing the value of each hour they work. will wipe out the gains of the 1996 in- these problems seem to be directly con- Business Week, a magazine that is crease. Indeed, the minimum wage is in nected. not traditionally a strong proponent of danger of dropping below its pre-1996 One of the great shames of this Na- prolabor sentiments, had this to say: level in real dollars if we do not pass tion, at a time when we are recording It is time to set aside the old assumptions this amendment. robust growth in the stock markets, at about the minimum wage.... We don’t

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28971 know how high the minimum wage can rise 70 percent of American workers receiving the minimum wage trying to make ends until it hurts the demand for labor. But with minimum wage are over age 25 or not longer meet. The fact is, the purchasing power the real minimum wage no higher than it in school. value of that minimum wage has di- An increase to $6.15 would help take a nick was under President Reagan, we can afford minished dramatically. It is about $2.50 to take prudent risks. out of poverty and provide a more solid base for the economic expansion. Congress ought below the purchasing power value in Frankly, this is not a risk, it is a to do it. 1968. prudent investment in the workers of Mr. KENNEDY. Madam President, I None of us in this room are working America. My own paper, the Provi- see the Senator from North Dakota on for minimum wage. No one. So none of dence Journal, adds: the floor. I yield him 7 minutes. us have experienced what it is like to An increase to $6.15 would help take a nick The PRESIDING OFFICER. The Sen- put in 40 or 45 hours this week and be out of poverty and provide a more solid base ator from North Dakota is recognized paid minimum wage and then try to for . . . economic expansion. Congress ought for 7 minutes. make a car payment, pay rent, buy to do it. Mr. DORGAN. Madam President, we food for the kids, and make ends meet. I ask unanimous consent to have this are here debating the question of the We cannot do that. No one in this Providence Journal editorial printed at minimum wage: Should the minimum Chamber would volunteer to do that, I the conclusion of my remarks. wage be increased? We are talking expect. But there are a lot of people The PRESIDING OFFICER. Without about people at the bottom of the eco- trying to do that because they want to objection, it is so ordered. nomic ladder in this country, people pay their way. They want a decent job; (See exhibit 1.) who work hard, who do not ask for they want an opportunity. They want Mr. REED. I agree with the Provi- much. They do not have stock in the to work. dence Journal. It is about time Con- stock market. They have not, by and That is why it is important in this gress acted. It is about time we took a large, been blessed with substantial in- circumstance for us to increase the nick out of poverty. It is about time we creases in income by a growing econ- minimum wage. Its purchasing power invested in working families and gave omy. In many cases, they have been diminishes over time because of infla- them, through their own efforts, losing ground. tion. The value of the minimum wage theresources to raise their families, to I know when we talk about the min- has decreased for a lot of these fami- raise them up out of poverty. We must imum wage, we tend to talk about it in lies. Many of us know that poverty in give new hope to families who are terms of statistics, tables and charts. I this country is increasingly poverty of working very hard in this economy to have met repeatedly over the years a single woman trying to raise a fam- raise children, to move forward and with people who have had difficulty, ily. Many of us have met with those who are trying to get back into the seize the opportunity at the heart of folks in our offices and elsewhere tell- labor market, who are working at min- the American dream. ing us the difficulties they are having. I again commend Senator KENNEDY imum-wage jobs. I recall one such In many ways, it is hopeful that both meeting in my office in Fargo, ND, for his great efforts, not just today, but sides of the political aisle in this with probably a half dozen young for so many days on the floor, fighting Chamber are talking about increasing women who were struggling to get off for working families, fighting for eco- the minimum wage. This is an impor- the welfare roll and get on a payroll nomic justice for all our citizens. tant subject. We are both talking about and earn a living, to get some training I yield the floor. this subject now in a serious way, and EXHIBIT 1 and move into the job force again. All of them told me the same story of that is good. It ought to give hope to RAISE THE MINIMUM WAGE the difficulty of making ends meet on a those at the bottom of the economic A proposal in Congress to raise the min- minimum wage paycheck. They shared ladder who are trying very hard to imum wage, now $5.15 an hour, by two incre- with me how hard it was to balance a make ends meet and have difficulty ments of 50 cents each over the next two doing it on today’s minimum wage. years seems reasonable. This would still checkbook on minimum wage—meeting the monthly bills like child care, There is a difference between the pro- leave those subsisting on these wages well posals. The minimum wage we are pro- below the federal poverty level, but it would rent, a car payment, let alone trying to at least bring them some modest relief. (The find a few dollars to buy a Christmas posing will provide a minimum wage debate comes, by the way, as Congress voted present for the kids. increase on January 1, 2000. The alter- itself an average $4,600 raise.) The story is always the same. Those native plan will not. The argument is sometimes made that to stories come to you from people who We provide a $1 increase in the min- raise the minimum wage would reduce em- are trying very hard. Most of them tell imum wage over 2 years. The GOP plan ployment by raising employers’ costs. We see those stories with tears in their eyes. does not. little indication over the past few years that We protect overtime compensation the move would shrink employment. For It is the case here in Congress that the halls are not full today of interest for 73 million working Americans who that matter, increasing the minimum wage, are entitled to it. The GOP does not. by widening purchasing power, could sub- groups who are well organized, who stantially help the economy and boost em- have hired some very skilled people to We offset the full cost of the tax cuts, ployment over the long run. lobby on their behalf for this kind of and there are some tax incentives and It should also be noted that higher wages legislative change. For people at the cuts in this proposal to help businesses often mean greater loyalty and effort on the lower end of the economic ladder, there that will confront some additional part of employees. Thus, whatever the incre- are not halls full of well-paid lobbyists costs. We fully offset ours. The comment of a higher minimum wage, that costs and others pushing for this change. peting plan is mostly unpaid for. could be more than offset by higher revenue They are largely the voiceless in our We can go on down the list. We ex- and profits from increased productivity and tend the welfare-to-work credit. The reduced turnover, hiring and training costs. society who do not have the capability It is interesting that in many states with to influence legislative events quite as other plan does not. the highest state minimum wages, such as easily as some other very important in- We provide a work-site child care tax Massachusetts (now at $5.25 and to be raised terests in this country do. But that credit. The GOP plan does not. to $6.75 in two 75-cent increments over the should not persuade anybody that this We provide wage tax credits for small next two years), there are serious labor interest is not important. businesses located in the empowerment shortages. Recent increases in those states’ It is very important for our country, zone which, incidentally, is very impor- minimum wages have not brought about especially in a circumstance where the tant in our part of the country. These price rises or layoffs, so far as such things economy is growing. All the signs are are zones, especially the empowerment can be measured. zone in my State, which have as a cri- But then, consider that the purchasing that our country is doing well. The power of the current minimum wage is about stock market is doing very well. Unem- teria the outmigration of people. Peo- $2 less that of the minimum wage in 1968 ployment is at a 30 year low. ple who have left. This is not unem- (when the jobless rate was also very low). It is important for us also to under- ployment and poverty. That is one sign Further, it should be noted that more than stand there are families struggling on of economic distress. The other sign is

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 28972 CONGRESSIONAL RECORD—SENATE November 8, 1999 a rural county that has lost half its not the surplus, to pay for it. In this velop effective retirement plans for population. People cannot find work, way, we have remained true to both their employees. so they leave, and the county shrinks principles: This is a good tax package; For example, we would allow small like a prune. it is a responsible tax package. businesses to borrow from their plans, Empowerment zones create jobs and Admittedly, deciding what provisions just as large businesses can, and we restore economic vitality and health in to include in such a bill required some have included Senator BAUCUS’ pro- those areas. We include that in our pro- compromises. In almost all cases, I posal to provide a credit for new small posal, but the GOP plan does not. have sponsored, or cosponsored, legisla- business pension plans. Everyone bene- These are interesting and important tion that would go beyond the tax re- fits when small businesses are better differences between the two plans. I lief in many of the areas addressed by able to offer their employees retire- say this: At least we are on the right our bill. I will continue my efforts to ment plans. subject. move on these broader provisions. Finally, we need to help our commu- The Senator from Massachusetts has However, our commitment to paying nities meet their increasing demand worked tirelessly on behalf of those at for the tax bill and not either bor- for new and upgraded schools. Across the bottom of the economic ladder who rowing from our parents by using the the Nation, there are pent-up needs for are struggling hard and valiantly try- Social Security trust fund or bor- new schools to make room for smaller ing to make ends meet. By proposing rowing from our children by increasing classes, for schools that have access to this minimum wage increase which, in our debt burden, precluded us from the latest technology, for schools that my judgment, is long overdue, the Sen- doing more at this time. have decent heating and plumbing and ator from Massachusetts does a real In some respects, our tax package is leak-proof roofs. service. I hope at the end of this debate similar to the Republican proposal. For To help meet those needs, we have in- we will be able to adopt the Senator’s example, both packages accelerate the cluded a provision to help communities amendment, and I hope those who are 100-percent deduction for self-employed modernize their public schools. In this working on minimum wage struggling health insurance; both packages in- bill, we propose extending the Qualified to care for their families and create a crease section 179 expensing for small Zone Academy Bond Program, or future for themselves, on January 1 businesses; both packages extend the QZABs, for an additional year. This will be able to say: Yes, Congress did work opportunity tax credit; and both program helps with school moderniza- something that will help me and my packages raise the business meals de- tion efforts and deserves to be ex- family as well. duction from 50 percent to 60 percent. tended. Madam President, I yield the floor. But in other ways, our packages are Again, this effort is important, but The PRESIDING OFFICER. The Sen- quite different. For instance, we have we need to do much more. While we ator from Massachusetts. included in our amendment some es- could not squeeze more on school con- Mr. KENNEDY. Madam President, I tate tax relief for small family-owned struction into this vehicle, I am deter- understand I have 8 minutes remain- farms and businesses. Inflation has left mined to find one that is large enough ing. the current exemption simply insuffi- to accommodate our Nation’s school- The PRESIDING OFFICER. The Sen- cient to give adequate relief to farmers children, who, frankly, deserve better ator is correct. and small business owners. This is one than what they have gotten from Con- Mr. KENNEDY. The Senator from of the areas where we clearly need to gress this year. Virginia asked for 10 minutes. I ask do more, but some relief is better than Let me close by reiterating why we unanimous consent that I have 2 addi- none. decided to pay for this bill and not just tional minutes and yield 10 minutes to We have included provisions targeted take the money from the surplus. him. to geographic areas with the greatest First of all, I believe both sides un- The PRESIDING OFFICER. Without need for economic assistance. The new derstand we made a bipartisan commit- objection, it is so ordered. The Senator markets proposal, for example, would ment to stop dipping into the Social from Virginia is recognized. reward employers who operate in eco- Security surplus to pay for current Mr. ROBB. Madam President, on Fri- nomically distressed areas where the spending outside Social Security. Hon- day, November 5, Senator BAUCUS and I minimum wage is the most prevalent. oring this commitment is important introduced the Small Business Tax Re- There is also a credit that encourages both to maintain pressure for fiscal duction Act of 1999. We drafted this leg- employers to give lower income em- discipline and to prevent further cyni- islation to complement Senator KEN- ployees information technology train- cism about the way the Federal Gov- NEDY’s minimum wage amendment, and ing so we can begin to close the so- ernment operates. under the unanimous consent agree- called digital divide. I was at an an- As for the non-Social Security sur- ment, it was incorporated into that nouncement this morning that will plus, we believe our first priority amendment which is now pending. also make a major step in that direc- should be paying down the over $5 tril- The Small Business Tax Reduction tion. lion debt we have accumulated by fail- Act of 1999 is targeted to provide tax We also expand current empowering to exercise fiscal discipline in the relief for those employers who will be ment zone credits so more commu- past. The need to keep up the pressure most affected by the minimum wage nities and more people are able to take for fiscal responsibility is clear. increase, even more than the proposal advantage of these credits. The em- Congress has been breaking the to be offered by the other side of the powerment zone credit provides a dual spending caps at breakneck speed. CBO aisle. benefit. It helps those who may not yet recently advised us, not only had we al- Our package adheres to two prin- be reaping the benefits of our expand- ready spent the small surplus expected ciples that had to be reconciled: First, ing economy, and it helps revitalize for fiscal year 2000, we are already $17 that tax relief should be provided to our cities which, over the long term, billion in the red for the next fiscal those who need it most; and, second, may be our best tool for reducing the year. Until we can agree on a com- that any tax relief package be fiscally pressures that lead to suburban sprawl. prehensive package that balances our responsible. Another area we devoted our atten- spending, tax relief, and debt reduction To make sure that our package bene- tion to is retirement security. Increas- priorities, we should pay for the spend- fited those who need it most, we fo- ingly, people are apprehensive about ing and the tax cutting we propose and cused primarily on small businesses, their retirement. Many small busi- not take the easy route of spending the those most likely to experience higher nesses are struggling to provide retire- surpluses that may or may not actu- costs as a result of an increased min- ment security for their employees. ally materialize. imum wage. The pension provisions in our bill are If we do not put the brakes on piece- To make sure the package was fis- designed to address the needs of these meal tax cuts now, we could easily face cally responsible, we used true offsets, small employers who are trying to de- a runaway train of politically popular

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.000 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28973 proposals that are not likely to be in Mr. DOMENICI. Madam President, to increase the minimum wage. If you the best long-term interests of the Na- might I ask Senator KENNEDY a ques- ask the question: should there be an in- tion. When we are ready to put every- tion? crease in the minimum wage, I am sure thing on the table and consider the Mr. KENNEDY. Please. a lot of people would say yes because various priorities—such as using the Mr. DOMENICI. I ask Senator KEN- they want everybody who is making a surplus to pay down the debt—we can NEDY, I understand you have no addi- low wage to make more. engage in that discussion. Until then, tional speakers now. I happen to agree with that very we should focus on achieving the cur- Mr. KENNEDY. If I could answer the strongly. It is very important for peo- rent objective, which is to assist em- Senator, I think we do actually have ple to be able to climb the economic ployers, particularly small employers, some additional speakers. They can ei- ladder. What people many times don’t who may be adversely affected by the ther do it now or at some other appro- recognize is that if you have a very sig- minimum wage increase. priate time after all the time has ex- nificant increase in the minimum In short, this tax package accom- pired. wage—such as Senator KENNEDY’s pro- plishes its purpose of providing relief Mr. DOMENICI. I understand that as posal of approximately a 20-percent in- to those employers who are most likely far as today’s debate is concerned, you crease, increasing it from $5.15 to $6.15, to have higher costs when the min- are out of time. a $1 over the next 131⁄2 months. That is imum wage increases. It is responsible. Is that what the Parliamentarian OK, I suppose, if everybody can just It does not squander the surplus we told me? pass it along without any repercus- have fought so hard to achieve but The PRESIDING OFFICER. The Sen- sions. But there may be some busi- maintains it for debt reduction. At the ator is correct, that the time con- nesses that can’t. If they can’t, what same time, it protects Social Security trolled by Senator KENNEDY on the are they going to do? They may hire trust funds from being misallocated to Kennedy amendment has expired. Sixty less people. They may let some people other programs and expenditures. This minutes remain for those opposing the go. Kennedy amendment. is a good tax package, and I urge our I know it does not seem as if that Mr. KENNEDY. But, I say to the Sen- colleagues to support it. would be the case, but frankly it is. It With that, Madam President, I re- ator, as I understand it, when you offer may not happen in every case, but it serve any time remaining and yield the your amendment, you will have 60 min- happens in many cases. There are some floor. utes and we will have 60 minutes. I employers that may not be able to pay Mr. KENNEDY. Madam President, I think we could accommodate the other $5.15 an hour or $6 an hour. Senator suggest the absence of a quorum and Senators. Senator FEINSTEIN is here. KENNEDY’s proposal says in 131⁄2 months ask unanimous consent that it not be We have probably two other Senators. you have to be paid $6.15 an hour or it charged to either side. We can let them speak at that par- is against the law for you to have a job. The PRESIDING OFFICER. Without ticular time. So it is just a question of objection, it is so ordered. working out the remaining time this The Federal Government has deter- The clerk will call the roll. evening. mined that, in our infinite wisdom, in The legislative assistant proceeded Mr. DOMENICI. I yield back any rural Montana or where ever, we don’t to call the roll. time we have in opposition to the—— care if pumping gas can only pay $5.50 Mr. DOMENICI. Madam President, I Mr. NICKLES. No. or the corner grocery store can only af- ask unanimous consent that the order Mr. DOMENICI. Excuse me. ford to pay that amount, we don’t care. for the quorum call be rescinded. Madam President, I suggest the ab- We are deciding up here in Washington The PRESIDING OFFICER. Without sence of a quorum. DC, that the Federal Government does objection, it is so ordered. The PRESIDING OFFICER. The not want you to have a job. It is Mr. DOMENICI. Madam President, clerk will call the roll. against the law for you to have a job. parliamentary inquiry. Could the Chair The legislative assistant proceeded The Federal Government has decided tell me, is it now appropriate for me to to call the roll. employers must pay at lease $6.15 an call up the amendment that is pending Mr. NICKLES. Madam President, I hour or they cannot hire anyone. that has been filed with reference to an ask unanimous consent that the order Sorry, 15-year-old, 16-year-old, or 17- alternative minimum wage and tax for the quorum call be rescinded. year-old trying to get a summer job, if plan? there are no summer jobs available at The PRESIDING OFFICER. If the The PRESIDING OFFICER. Without objection, it is so ordered. that amount. It may be fine for the Senator yields back the remaining State of Massachusetts. That may be time on the Kennedy amendment, the Mr. NICKLES. Madam President, as I understand the parliamentary situa- great in New York City. I can’t help answer is yes. but think there are some areas of the Mr. DOMENICI. Parliamentary in- tion, we have 2 hours equally divided: country where maybe that does not quiry. How much time do we have on One on the Kennedy amendment, and apply and will not work. the Kennedy amendment? the other 2 hours on an amendment The PRESIDING OFFICER. There that will be offered by Senator DOMEN- This idea that raising the minimum are 60 minutes remaining. ICI. wage can only have a positive eco- Mr. DOMENICI. In the event I do not I wish to speak very briefly in opposi- nomic impact is grossly incorrect. The yield that back, what is the remaining tion to the Kennedy amendment. Then Congressional Budget Office has stated time arrangement for the day and for I will yield back the time, and that will it would mean a job loss of between tomorrow on the two respective eliminate at least that round. Then 100,000 and 500,000 jobs. That is a pretty amendments, the Kennedy amendment there will be 2 hours equally divided on significant hit. Maybe it is not a hit for and the Domenici amendment? the Domenici amendment. People can everybody because we have millions of The PRESIDING OFFICER. After the speak on either proposal, as they wish. people working, but for between 100,000, 60 minutes of remaining debate on the For the information of our col- and 400,000 people who could lose their Kennedy amendment is used, there leagues, we will have one hour of de- jobs, that is pretty significant. If they would be a period of 2 hours for debat- bate tomorrow morning and a vote at find themselves unemployed because ing the amendment which the Senator 10:30 on both proposals. they couldn’t get a job as a result of would be proposing. I urge my colleagues to vote no on the minimum wage increase we have Mr. DOMENICI. Then what is the the so-called Kennedy minimum wage created a real injustice. Maybe they agreed-upon schedule for tomorrow proposal that is now before the Senate. are looking for summer work, maybe with reference to the amendments? I compliment my colleague from Mas- they are looking for part-time work, or The PRESIDING OFFICER. There is sachusetts. He has offered this time maybe they are trying to supplement a 1 hour of debate beginning at 9:30, with and time again. I am sure he will be job working evenings. Why should we a vote scheduled to occur at 10:30. back next year and the following year price them out of the market?

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28974 CONGRESSIONAL RECORD—SENATE November 8, 1999 Let me address a few other things taxes that shouldn’t be extended until CBO only has information about the number that are in Senator KENNEDY’s pro- the programs are reauthorized. of workers in the relevant wage range for a posal. There are some tax cuts. Senator It is a heavy hit, particularly on very short time period since the current minimum wage rate became effective. In pre- ROBB just spoke regarding those. Many small business, too quick, too much, paring the estimates in 1996, CBO was able to of those are similar to ones we have in too early. A 20-percent increase in the use data from several years when the min- our package that Senator DOMENICI next 13 and a half months, in my opin- imum wage was at the then-existing rate of will be talking about briefly. I com- ion, is too much. It would have eco- $4.25 per hour. The current rate of $5.15 per pliment them on those tax cuts. What nomic ramifications that would cause hour was implemented in September 1997. As I criticize them for are the tax in- many people to lose their jobs. How more information becomes available, this es- creases. You didn’t know they had a lot many? Hundreds of thousands. Accord- timate might need to be revised. of tax increases in the Democrat pro- ing to CBO, it says job loss would be Estimates from the current population survey posal? Well, they do. The fact is, there between 100,000 and 500,000. Data on hourly wage rates contained in the are more tax increases than there are I ask unanimous consent that this January 1998 CPS provide CBO’s estimate of tax cuts. conclusion of the CBO be printed in the the number of private-sector workers in that What tax increases do they have? RECORD. month who were paid in the relevant wage. At that time, about 2.2 million workers in They have two or three things. They There being no objection, the material was ordered to be printed in the the private sector were paid exactly $5.15 per have a little provision in here that re- hour and an additional 9.5 million workers authorizes Superfund taxes. We do not RECORD, as follows: were paid between $5.16 and $6.14 per hour. reauthorize Superfund because the pro- CONGRESSIONAL BUDGET OFFICE PRIVATE- (About 1.5 million additional workers re- gram is flawed. Does it make sense SECTOR MANDATE STATEMENT ported being paid $5.00 per hour; as discussed that they are going to extend Super- S. 1805—Fair Minimum Wage Act of 1998 below, it is assumed that these workers were fund taxes without fixing the program? Summary: S. 1805 would amend the Fair also covered by the $5.15 minimum wage and I am absolutely confident, 100 percent Labor Standards Act of 1938 (FLSA) to in- were misreporting their wage rates.) Rough- ly one-quarter of the workers in the relevant confident this Congress is not going to crease the minimum wage rate under the Act from $5.15 per hour to $5.65 per hour on Janu- wage range were teenagers. Based on infor- reauthorize and extend Superfund ary 1, 1999, and to $6.15 per hour on January mation from the Bureau of Labor Statistics, taxes unless we reauthorize the pro- 1, 2000. it is assumed that about 30 percent of those gram. The program is broken. We are Private-sector mandates contained in bill: teenagers were in their first 90 days of em- raising billions of dollars or have S. 1805 contains a mandate on private-sector ployment with their current employer and raised billions of dollars and we are employers covered by the FLSA. It would re- therefore not covered by the increase in the wasting it. quire those employers to pay a higher min- minimum wage.1 The lawyers and trial attorneys reap imum wage rate than they are required to CBO estimates that if the workers in the great benefits, but we spend very little pay under current law. private sector who had been paid between Estimated direct cost to the private sector: $5.00 and $5.64 per hour in January 1998 had money cleaning up the program. Many CBO’s estimate of the direct cost of the pri- been paid $5.65 instead (with no change in of us are in favor of fixing the program. vate-sector mandate in S. 1805 is displayed in the number of hours worked), their employ- Let’s make sure 90 percent of the the following table. ers would have paid them approximately $300 money that is raised for Superfund million in additional wages in that month. If cleanup actually goes to cleanup, rath- DIRECT COST OF PRIVATE-SECTOR MANDATE the workers who had been paid between $5.00 er than the current situation in which [In billions of dollars] and $6.14 had been paid $6.15, their employers two-thirds of it goes to legal fees. would have incurred an additional wage bill Fiscal years— of about $900 million in that month. More- The Kennedy legislation also in- Provision 1999 2000 2001 2002 2003 over, employers would have had to pay the cludes several other tax increases. employers’ share of the payroll taxes on There is a proposal that goes by the Increase the minimum wage rate ...... 2.7 7.4 7.9 7.0 6.2 those additional wages; these taxes are in- name of the Doggett proposal. Accord- cluded in CBO’s estimate of the total direct ing to a lot of different groups—includ- Basis of the estimate: S. 1805 specifies that cost of the mandate. ing the Cattlemen’s Association, Tax- the minimum wage is to increase from $5.15 Applying the estimates from the CPS to the pro- payers Union, U.S. Chamber of Com- to $5.65 per hour on January 1, 1999, and to jection period merce, and National Federation of $6.15 on January 1, 2000. Other sections of the FLSA providing different rules for certain The monthly cost to employers of the pro- Independent Businesses—this is a real- workers and employers, including the provi- posed increases in the minimum wage would ly big, bad tax increase. It is called the sion permitting employers to pay teenagers be smaller in the future because the number Abusive Tax Shelter Shutdown Act of $4.25 per hour during the first 90 consecutive of workers in the affected range will decline. 1998. days of employment, would not change. For example, during the eight-year period Most people think of it simply as an To estimate the direct cost to private em- starting in 1981 when the minimum wage remained at $3.35 per hour, the number of IRS enhancement act. Well, they are ployers, information was used on the number of workers whose wages would be affected in workers paid exactly that rate declined from quite mistaken. I mean, should we real- 4.2 million to 1.8 million, as market forces ly give the IRS a blank check to go January 1999 and subsequent months, the wage rates these workers would receive in and increases in state minimum wage rates after lots of people for a lot of things the absence of the enactment of the pro- raised the level of wages paid. In 1996, CBO because we think maybe we will disposal, and the number of hours for which used data from the March 1992 and March allow noneconomic tax attributes, they would be compensated. 1995 CPS to estimate that the cost of com- whatever that means. It is essentially The estimate was made in two steps. CBO plying with a minimum wage of $5.15 per a $10 billion tax increase and we are used data from the Current Population Sur- hour would have fallen by almost 40 percent vey (CPS) to estimate how much it would over this three-year period, or about one per- going to turn the IRS loose. cent per month. We spent a lot of time and passed, in have cost employers to comply with the mandate had they been required to do so in CBO assumes that the direct mandate cost a bipartisan fashion—my compliments early 1998. Second, these estimates were then would continue to decrease at this rate to Senators ROTH and MOYNIHAN—last used to project the costs to employers begin- throughout the projection period. Thus, the year a very significant IRS reform bill ning in January 1999, taking into account monthly cost of raising the minimum wage that curbed the appetite of the IRS. the expected decline in the number of work- to $5.65 in January 1999 would be roughly 87 This legislation would say, forget ers in the relevant wage range. The remain- percent of the cost estimated using the Jan- about those reforms. It would give the der of this section discusses the way this es- uary 1998 data. The estimated cost of raising timate was constructed and limitations of the minimum wage to $6.15 in January 2000 IRS more power to go after what they would be about 79 percent of the cost of consider noneconomic attributes. It is the data and methods. The methods used for this estimate are doing so in January 1998. truly a bad idea. similar to those used for CBO’s estimates of Estimates for each fiscal year were then There are a lot of bad proposals with- proposals made in 1996, the most recent year made by aggregating the monthly costs. The in the Kennedy language. There are tax in which bills to increase the federal min- estimate for fiscal year 1999 is the smallest increases and the tax increases won’t imum wage rate were considered on the floor work. The tax increases will extend of the Senate and the House. Unlike in 1996, 1 Footnotes at end of statement.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28975 because that period only includes an in- most recent increase in the minimum wage. Alan B. Krueger, Myth and Measurement; the New creased minimum wage for nine months. The About 50 percent more workers are in the af- Economics of the Minimum Wage (Princeton Univer- estimate for 2000 includes the cost of a $5.65 fected wage range now than were in the rel- sity Press, 1995), and Marvin H. Kosters, editor, The evant wage range when the 1996 legislation Effects of the Minimum Wage on Employment (AEI minimum wage for three months and a $6.15 Press, 1996). minimum wage for nine months. The esti- was being considered. Likewise, the min- 5 On March 25, 1996, CBO provided an estimate of mate of the direct cost to the private sector imum wage is currently about 41 percent of the cost to the private sector of S. 413, which would is highest for 2001, when all twelve months the average hourly earnings of production or have increased the minimum wage rate in two an- would be at $6.15 per hour. nonsupervisory workers in the private sec- nual steps, from $4.25 per hour to $5.15 per hour. Limitations tor, compared with about 36 percent just be- That bill did not include the youth differential and other special provisions that were contained in the Estimates of the direct cost of this man- fore the 1996 legislation was enacted. But two additional differences from the legislation enacted later that year. date are uncertain for at least two reasons. situation that existed in 1996 could reduce Mr. NICKLES. I say that 100,000 to First, the main source of data—the January employment impacts. First, the labor mar- 500,000 lost jobs is too heavy a penalty. 1998 CPS—is subject to sampling error and ket is exceptionally tight, with the total un- other problems when used for this purpose. For that one person who might lose his employment rate at 4.6 percent and the teen- or her job, it is a very heavy penalty. For example, CBO assumed that the workers age unemployment rate at 14.7 percent (Feb- who reported being paid $5.00 per hour after According to the Federal Reserve Bank ruary 1998). In 1996, the total unemployment of San Francisco, there would be from the minimum wage had risen to $5.15 were rate was nearly one point higher and the actually earning $5.15 because there is no teenage unemployment rate was two points 145,000 to 436,000 lost jobs. These are evidence that compliance with the Fair independent studies, not branches of a 2 higher. Second, the most recent increase in Labor Standards Act fell. The wage rates of the minimum wage amended the FLSA to Don Nickles study group that says this other low-wage workers—some of the work- permit employers to pay teenagers $4.25 per is a bad idea. The CBO and Federal Re- ers who reported being paid below $5.00 per hour for the first 90 days, and the current serve state that this will cost hundreds hour and some of the workers not paid on an bill would not change this provision. The lit- of thousands of jobs. hourly basis—would also be affected by an erature on which the estimates reported increase in the statutory minimum.3 Second, If there is no job loss or negative eco- above are based did not reflect such a dif- nomic consequence, why stop at $6.15 there is no solid basis for projecting the fu- ferential. Presumably, the differential could ture number of workers who would have an hour? Why don’t we make it $20 an result in fewer employment losses for teen- hour? I want everybody in America to wage rates in the relevant range, their pre- agers, more losses for adults, and fewer cise wage rates, nor the number of hours losses overall. Although recent data indicate make $20 an hour. I do. If they work they would work under current law. The an- that few employers are using the option, its 2,000 hours a year, that is an average of nual decline estimated from the 1992–1995 pe- availability could cushion employment 40 hours a week for 50 weeks. If every- riod could turn out to be too rapid or too losses if labor markets weakened. body made $20 an hour, hey, that would slow. In addition to its effect on employment be great. That would be $40,000. I would Indirect effects of an increase in the min- levels, an increase in the minimum wage love for everybody in America to make imum wage: An increase in the minimum could have many other economic impacts. wage rate from $5.15 to $6.15 would require $40,000. But guess what. Some jobs For example, one consequence that has re- might not pay that. employers to raise the wages paid to the low- ceived considerable attention is its potential est-paid workers covered by the FLSA by 19 Does it make good economic sense to effects on the earnings of low-wage workers. pass a law to say it is against the law percent, and would require employers to CBO estimates that the direct effect of the raise the wages of workers in the range be- proposed increase would be to increase the for somebody to work for $40,000? I tween the old and the new statutory rates by aggregate earnings of workers who would don’t think so. Whether it would mean smaller amounts. As under current law, em- otherwise have received between $5.15 and the loss of 100,000 jobs or 500,000 jobs, I ployers could still pay teenage workers $4.25 $6.14 per hour by over $7 billion in 2001. An don’t know. But, I don’t want to put per hour during their first 90 calendar days. indirect effect of the increase in the min- even 100,000 people out of work. I don’t Economists have devoted considerable en- imum wage might be that employers would ergy to the task of estimating how employ- want to discourage any young person also voluntarily raise the wage rates of ers would respond to such a mandate. Al- or any person at all from trying to workers who were already being paid just though most economists would agree that an climb the economic ladder. We pulled above the new rate in order to maintain dif- increase in the minimum wage rate would it up. Sorry. We would rather have you ferentials (the ‘‘spillover effect’’). cause firms to employ fewer low-wage work- Previous CBO estimate: On March 3, 1998, unemployed than have you climbing ers (or employ them for fewer hours), there CBO issued an estimate of S. 1573, which the economic ladder. is considerable disagreement about the mag- would increase the minimum wage rate in I think that is a huge mistake. I nitude of the reduction. It has proven dif- three annual steps to $6.65 per hour and then think this proposal is too big of a hit, ficult to isolate the effects of past changes in would adjust the minimum wage thereafter too quickly. I think the tax increase in the minimum wage. Moreover, the estimates to reflect changes in the Consumer Price the Democrat proposal is completely from such analysts are hard to apply to fu- Index. The current estimate of the direct unworkable and it is certainly unfair. ture changes. cost to the private sector is based on the Based on CBO’s review of a number of The other side might claim that they same methodology. paid for their tax cuts, and that Sen- these studies, a plausible range of estimates Estimate prepared by: Ralph Smith. ator DOMENICI will have a proposal to for illustrating the potential losses is that a Estimate approved by: Joseph Antos, As- 10 percent increase in the minimum wage sistant Director for Health and Human Re- benefit small business, and he didn’t would resulting a 0.5 percent to 2 percent resources. pay for his because it comes out of the duction in the employment level of teen- FOOTNOTES surplus. agers and a smaller percentage reduction for I disagree, especially when we are 1 This estimate is derived from information on job young adults (ages 20 to 24).4 These estimates looking at having significant surpluses would produce employment losses for an in- tenure, by age, provided by the Bureau of Labor Sta- tistics, based on supplemental questions included in in the next 10 years. Basically what our crease in the minimum wage of the extent the February 1996 Current Population Survey. Democrat colleagues are saying is: We provided in this bill of roughly 100,000 to 2 Staff within the Department of Labor’s Employ- want no tax cut whatsoever. 500,000 jobs. The individuals whose employment Standards Administration, the agency respon- ment opportunities would be reduced are sible for enforcing the FLSA, report no increase in Less than 2 months ago, they voted likely to include the lest-skilled job-seekers the number of complaints filed since the minimum for a $300 billion tax cut that was not who might benefit most from the work expe- wage increased to $5.15. paid for. Now they are saying we have 3 rience. In January 1998, there were almost 2 million to pay for this; even if it is only $18 bil- workers who reported being paid an hourly wage This range of employment impacts is the rate of less than $5.00. Some workers, such as em- lion over 5 years, we have to pay for same as CBO estimated two years ago when ployees in retail firms whose gross volume of sales every dime of it so we have more Congress was considering a 21 percent ($0.90 is less than $500,000 are not covered by the minimum money to spend. 5 per hour) increase in the minimum wage. At wage, while others, such as certain tipped workers, I urge my colleagues to vote ‘‘no’’ on that time, the low end of the range seemed are covered but can be paid a lower wage rate. 4 the Kennedy proposal. more realistic because the number of work- See, for example, Alison J. Wellington, ‘‘Effects ers in the relevant wage range and the size of of the Minimum Wage on the Employment Status of I understand Senator KENNEDY and Youths; An Update,’’ Journal of Human Resources, the minimum wage relative to the average his side have used their hour. If there Vol. XXVI, No. 1 (Winter 1991), pp. 27–46, Charles is no objection, I will yield back the re- wage were relatively low. This time, how- Brown, ‘‘Minimum Wage Laws; Are They ever, those special considerations do not Overrated?’’ Journal of Economic Perspectives, Vol. mainder of the time in opposition to apply because less time has elapsed since the 2, No. 3 (Summer 1988), pp. 133–145, David Card and the Kennedy amendment.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28976 CONGRESSIONAL RECORD—SENATE November 8, 1999 The PRESIDING OFFICER. All time The PRESIDING OFFICER. The Sen- ‘‘(ii) increase the amount of credit author- has been yielded back on the Kennedy ator will state his inquiry. ized to be extended under such an account to amendment. Mr. NICKLES. Under the unanimous- an obligor described in clause (i). The Senator from New Mexico is rec- consent request we have entered into, ‘‘(B) APPLICATION REQUIREMENTS.—A written request or application to open a credit ognized. there were three nongermane amend- card account under an open end consumer Mr. DOMENICI. Madam President, I ments basically offered by Democrats credit plan, or to increase the amount of have no objection to yielding to the and Republicans; is that correct? credit authorized to be extended under such Senator from California to speak in The PRESIDING OFFICER. The Sen- an account, submitted by an obligor who has favor of the Kennedy amendment if she ator is correct. not attained the age of 21 as of the date of would tell me how long she wishes to Mr. NICKLES. We also stated under such submission, shall require— speak. the unanimous-consent agreement that ‘‘(i) submission by the obligor of informa- Mrs. FEINSTEIN. Probably 10 to 15 all other amendments had to be rel- tion regarding any other credit card account minutes. I can certainly wait. evant to the bankruptcy bill; is that under an open end consumer credit plan Mr. DOMENICI. They would be using issued to, or established on behalf of, the ob- correct? ligor (other than an account established in that off the opposition time to the The PRESIDING OFFICER. The Sen- response to a written request or application Domenici amendment. ator is correct. that meets the requirements of clause (ii) or The PRESIDING OFFICER. The sec- Mr. NICKLES. Might I ask my col- (iii)), indicating that the proposed extension ond amendment would have to be league, are the two amendments she is of credit under the account for which the called up. trying to offer right now germane to written request or application is submitted AMENDMENT NO. 2547 the bankruptcy bill? would not thereby increase the total amount (Purpose: To increase the Federal minimum Mrs. FEINSTEIN. Yes, they are. of credit extended to the obligor under any wage and protect small business) Mr. NICKLES. Might I inquire what such account to an amount in excess of $1,500 Mr. DOMENICI. Madam President, I (which amount shall be adjusted annually by they deal with? the Board to account for any increase in the send an amendment to the desk and Mrs. FEINSTEIN. One is amendment Consumer Price Index); ask for its immediate consideration. No. 1697, to place a $1,500 limit on cred- ‘‘(ii) the signature of a parent or guardian The PRESIDING OFFICER. The it to minors, unless they have inde- of that obligor indicating joint liability for clerk will report. pendent proof of income or the card is debts incurred in connection with the ac- The legislative assistant read as fol- cosigned signed by a parent or legal count before the obligor attains the age of lows: guardian. The second is amendment 21; or The Senator from New Mexico [Mr. DOMEN- No. 2755, directing the Federal Reserve ‘‘(iii) submission by the obligor of financial ICI], for himself, Mr. ABRAHAM, and Mr. information indicating an independent Board to conduct a study of credit in- means of repaying any obligation arising SANTORUM, proposes an amendment num- dustry lending practices. bered 2547. from the proposed extension of credit in con- Mr. NICKLES. Madam President, I nection with the account. Mr. DOMENICI. Madam President, I have no objection. ‘‘(C) NOTIFICATION.—A card issuer of a cred- ask unanimous consent that reading of AMENDMENTS NOS. 1696 AND 2755, EN BLOC it card account under an open end consumer the amendment be dispensed with. Mrs. FEINSTEIN. Madam President, credit plan shall notify any obligor who has The PRESIDING OFFICER. Without I send two amendments to the desk. not attained the age of 21 that the obligor is objection, it is so ordered. not eligible for an extension of credit in con- The PRESIDING OFFICER. The (The text of the amendment is print- nection with the account unless the require- clerk will report. ed in today’s RECORD under ‘‘Amend- ments of this paragraph are met. The assistant legislative clerk read ments Submitted.’’) ‘‘(D) LIMIT ON ENFORCEMENT.—A card issuer Mr. DOMENICI. Madam President, I as follows: may not collect or otherwise enforce a debt yield the floor at this time. The Senator from California [Mrs. FEIN- arising from a credit card account under an open end consumer credit plan if the obligor The PRESIDING OFFICER. The Sen- STEIN] proposes amendments numbered 1696 and 2755, en bloc. had not attained the age of 21 at the time the ator from California is recognized. Mrs. FEINSTEIN. Madam President, debt was incurred, unless the requirements UNANIMOUS-CONSENT AGREEMENT of this paragraph have been met with respect Mrs. FEINSTEIN. Madam President, I ask unanimous consent that reading to that obligor. I ask unanimous consent to tempo- of the amendments be dispensed with. ‘‘(6) PARENTAL APPROVAL REQUIRED TO IN- The PRESIDING OFFICER. Without rarily lay aside the pending amend- CREASE CREDIT LINES FOR ACCOUNTS FOR WHICH objection, it is so ordered. ment so I might send to the desk two PARENT IS JOINTLY LIABLE.—In addition to The amendments are as follows: the requirements of paragraph (5), no in- amendments and then lay them aside. crease may be made in the amount of credit AMENDMENT NO. 1696 The PRESIDING OFFICER. Is there authorized to be extended under a credit card objection to the unanimous-consent re- (Purpose: To limit the amount of credit ex- account under an open end credit plan for quest of the Senator from California? tended under an open end consumer credit which a parent or guardian of the obligor has Mr. NICKLES. I didn’t hear the re- plan to persons under the age of 21, and for joint liability for debts incurred in connec- quest. Will the Senator repeat it. other purposes) tion with the account before the obligor at- Mrs. FEINSTEIN. Certainly. It is a At the appropriate place, insert the fol- tains the age of 21, unless the parent or unanimous-consent request so I might lowing: guardian of the obligor approves, in writing, call up and then lay aside two amend- SEC. ll. ISSUANCE OF CREDIT CARDS TO UN- and assumes joint liability for, such in- ments. DERAGE CONSUMERS. crease.’’. (a) APPLICATIONS BY UNDERAGE CON- Mr. DOMENICI. What are they re- (b) REGULATORY AUTHORITY.—The Board of SUMERS.—Section 127(c) of the Truth in Governors of the Federal Reserve System lated to? Lending Act (15 U.S.C. 1637(c)) is amended— Mrs. FEINSTEIN. To the bankruptcy (1) by redesignating paragraph (5) as para- may issue such rules or publish such model bill. graph (7); and forms as it considers necessary to carry out Mr. DOMENICI. Madam President, is (2) by inserting after paragraph (4) the fol- paragraphs (5) and (6) of section 127(c) of the that inconsistent with any order we lowing: Truth in Lending Act, as amended by this have entered at this point? ‘‘(5) APPLICATIONS FROM UNDERAGE OBLI- section. The PRESIDING OFFICER. It is not GORS.— (c) EFFECTIVE DATE.—Paragraphs (5) and inconsistent with any order that has ‘‘(A) PROHIBITION ON ISSUANCE.—Except in (6) of section 127(c) of the Truth in Lending response to a written request or application been entered into. Act, as amended by this section, shall apply Mr. NICKLES. Reserving the right to to the card issuer that meets the requirements of subparagraph (B), a card issuer may to the issuance of credit card accounts under object—— not— open end consumer credit plans, and the in- Mrs. FEINSTEIN. I am going to call ‘‘(i) issue a credit card account under an crease of the amount of credit authorized to them up and lay them aside. open end consumer credit plan to, or estab- be extended thereunder, as described in those Mr. NICKLES. Madam President, lish such an account on behalf of, an obligor paragraphs, on and after the date of enact- parliamentary inquiry. who has not attained the age of 21; or ment of this Act.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28977 AMENDMENT NO. 2755 on the table. The bottom line is that fact, the top 1 percent will receive as (Purpose: To discourage indiscriminate ex- the current minimum wage is simply much after-tax income as the bottom tensions of credit and resulting consumer not enough to live on. An estimated 38 percent. This means the 2.7 million insolvency, and for other purposes) 11.4 million workers will benefit from wealthiest Americans will be earning At the appropriate place, insert the fol- the passage of this amendment; 1.5 mil- the same amount as the poorest 100 lowing: lion of them are in California alone. million Americans. SEC. ll. ENCOURAGING CREDITWORTHINESS. For a full-time worker, a $1 an hour in- That is the case with 15 percent of (a) SENSE OF THE CONGRESS.—It is the sense crease in the minimum wage means a the people in California. of the Congress that— $2,000 a year raise. That is an extra Over the past several years, we have (1) certain lenders may sometimes offer seen an explosion in the creation of credit to consumers indiscriminately, with- $2,000 to pay the rent, to buy groceries, out taking steps to ensure that consumers to send their children to school. For wealth that is unprecedented in U.S. are capable of repaying the resulting debt, these workers, an increase in the min- history. The strong economy has and in a manner which may encourage cer- imum wage will make a huge dif- brought prosperity to large numbers of tain consumers to accumulate additional ference. people. But that is not the whole story. debt; and Although the number of people living More individuals and families are earn- (2) resulting consumer debt may increas- in poverty in the United States since ing less and having a difficult time ingly be a major contributing factor to con- 1992 has declined—and it has—by about making ends meet. sumer insolvency. 9 percent, from 38 million people to 34.5 It is time, I think, that we recognize (b) STUDY REQUIRED.—The Board of Gov- ernors of the Federal Reserve System (here- million people, in California the num- this and do something about it. Pass- after in this section referred to as the ber of people living in poverty has acing the Daschle amendment is the first ‘‘Board’’) shall conduct a study of— tually remained relatively unchanged, step we can take—50-cent minimum (1) consumer credit industry practices of 5.19 million people to 5.12 million peo- wage increase the first year and 50-cent soliciting and extending credit— ple living in poverty. minimum wage the second year. (A) indiscriminately; As recently as 1997, California has ac- Perhaps the greatest testament to (B) without taking steps to ensure that tually seen a 5 percent increase in the the inadequacy of the minimum wage consumers are capable of repaying the re- number of people living in poverty. De- is that many communities are now rec- sulting debt; and (C) in a manner that encourages consumers spite the incredible economic growth ognizing how inadequate it is. And to accumulate additional debt; and the United States has experienced they are moving on their own to create (2) the effects of such practices on con- throughout the mid and late 1990s, in a new concept that is called a ‘‘living sumer debt and insolvency. California more than 15 percent of the wage.’’ These jurisdictions are insist- (c) REPORT AND REGULATIONS.—Not later population of the seventh largest eco- ing that those who do business with the than 12 months after the date of enactment nomic engine on Earth lives in poverty. local government pay their employees of this Act, the Board— That is incredible. This troubling sta- a living wage salary. (1) shall make public a report on its find- tistic clearly shows that not all seg- San Jose, CA, has adopted a living ings with respect to the indiscriminate solic- wage of $10.75. itation and extension of credit by the credit ments of the workforce are benefiting industry; from the economic expansion. In San Antonio, TX, it is $10.13 an (2) may issue regulations that would re- On September 4, the Center on Budg- hour. quire additional disclosures to consumers; et and Policy Priority released what I In Boston, it is $8.23 an hour. and am sure my colleagues know, and hope- In my hometown of San Francisco, (3) may take any other actions, consistent fully will agree, is a very disturbing re- there is consideration ongoing for a liv- with its existing statutory authority, that port on the widening gap between the ing wage of $11. the Board finds necessary to ensure respon- rich and the poor over the last 20 years. More than 35 other localities and mu- sible industrywide practices and to prevent nicipalities have adopted living wages. resulting consumer debt and insolvency. California is an example of that gap. Based on data collected by the Con- Clearly, it is a reaction to the inad- Mrs. FEINSTEIN. I ask unanimous gressional Budget Office, the study equacy of the Federal minimum wage, consent that the amendments be set found that the average after-tax in- which is generally too little too late to aside. come of the top 20 percent of house- sustain people. So it is time for the The PRESIDING OFFICER. The holds increased from about $74,000 in Federal Government to follow the lead amendments will be set aside. 1977 to more than $102,000 in 1999. The of our cities and take the simple step AMENDMENT NO. 2751 average after-tax income of the top 1 that is so important to millions of Mrs. FEINSTEIN. Madam President, percent of the economic earners in this working families. today I rise in support of the amend- country will almost double, going from Many families in this country are ment offered by the minority leader to $234,000 to $515,000 in 1999. This indi- just one paycheck away from disaster, raise the minimum wage from $5.15 to cates that those in the top income lev- whether it is an illness, the need to $6.15 in two steps by September 1 of the els are doing very well all across this move, or a car that breaks down. Peo- year 2000. Before addressing my re- great Nation. ple live paycheck to paycheck, and marks directly, I want to make two The bad news is that the income of they live with the fear that they might comments. The first is really to thank the bottom fifth of households is actu- not be able to make it this month or the senior Senator from Massachusetts ally falling. It has fallen from $9,900 to next month. for his prodigious, sustained, and en- $8,700 over the same period. I think those figures and those state- thusiastic work on a minimum wage So while the top income earners are ments are responsible for some of the increase. I very much doubt that this prospering, those at the lower end of things the Senator from Massachusetts would be on the calendar were it not the income scale are doing worse than pointed out on the floor a little bit ear- for his constant perseverance. a generation ago. lier: The fear that families have, the The second is to say that I do not be- When you have a high-cost State, stress that women work under, and the lieve there is any piece of legislation this chasm is actually exaggerated. So additional hours for women in the that has been passed by this Congress what you have is a growing split be- workplace more than men, the fact or this Senate this year that can have tween the very wealthy and the very that so many children wish their fam- the possible positive impact on Ameri- poor in this country. ily could have less stress, and could cans an increase in the minimum wage In 1977, the top 1 percent of the U.S. spend more time with them is all a will at this particular point in time. I households received 7.3 percent of the part of this picture. want to make that argument. Nation’s after-tax income, and 22 years People can work 40 hours a week. In This amendment is about families later that has gone up; they received the most industrialized country on making ends meet. It is about people 12.9 percent. That is a 4.4 percent in- Earth, those people still can’t support being able to pay for rent and put food crease for upper income Americans. In their family, still can’t repair a broken

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28978 CONGRESSIONAL RECORD—SENATE November 8, 1999 car, still can’t pay their rent, and still I yield the floor. but we also want to encourage them to live from paycheck to paycheck. The PRESIDING OFFICER (Mr. be hired, even if there is some addi- In fact, a minimum-wage worker who SANTORUM). The Senator from New tional training and some skills that works 40 hours a week 50 weeks a year Mexico. have to be added along the way. earns only $10,300 a year. The poverty Mr. DOMENICI. Mr. President, I We are increasing opportunities for line for a family of three is $13,880, and, yield myself 10 minutes. the young people, and we are increas- for a family of four, it is $16,700. I am very pleased to introduce a mining many of the welfare-related jobs So you have a worker who is working imum wage amendment on behalf of with this additional minimum wage we at a minimum-wage job and has a fam- myself and many other Senators. With are adding. Many in this body worked ily, that worker is substantially below reference to the minimum wage, this hard on the work opportunity credit. I the poverty level and the family is coming January under the amendment can recall back in the 1970s when I first below the poverty level. What happens? Senator KENNEDY introduced, min- came here, we started that as a work People are forced to hold two jobs. imum wage goes up 50 cents; 12 months incentive program for the disadvan- Families are forced to have both par- later it goes up 50 cents again. Under taged, disabled, and others by giving a ents working. Children are often left the proposal which I offer today, it will tax credit. It was highly abused later. alone because child care, of course, is go up 35 cents, 35 cents, and 30 cents People wanted to get rid of it, but the too costly or nonexistent. each March 1. It is also a $1 increase in idea remained to give American small Let me give you one case, a resident minimum wage. It takes 12 months business an opportunity to hire people of San Francisco. Her name is longer, so this will be completed in who may need a little extra help, a lit- Bernardine Emperado. She works more 2002. At that point, it will be $6.15. tle more guidance, a little more skill than 60 hours a week at a rental car I think Senator NICKLES made a and training. We give them credit for job, and she supplements this salary by point. If the economy, or if training that. We have done that. selling hot dogs at 49ers games on Sun- people for jobs, or if employers being We have two provisions in this day. able to pay for the services employees amendment directed at health care. Nobody can tell me rental car agen- render, if none of that was relevant, One of them is a very dramatic change cies shouldn’t pay a minimum wage of then everyone would like a minimum from the way we have treated health $6-plus. Nobody can ever convince me wage bill that might be higher than ei- care in the past. It is not going to cost of that. Despite two incomes, she can’t ther of these two. That is what we very much because we are not so sure afford her own apartment. She lives would wish for everyone. how many people will understand it. with her mother and college-age daugh- Up front, I remind everyone the best We are going to say to American men ter. Something is seriously wrong with economic advice we have is 50 percent and women if they are not getting our wage scale if someone working 60 of the minimum-wage jobs affected hours a week is unable to afford life’s health insurance on their job, we give have to do with teenagers. Half of the basic necessities. them an opportunity to buy their own minimum-wage jobs we are talking The traditional argument against health insurance and they can deduct raising the minimum wage is that about are the young men and women every single penny of their health in- when you increase wages, it costs jobs. who are working while they are attend- surance from their pay before paying And we just heard the majority whip ing school—afterschool and in the sum- income tax. make that point eloquently. The facts mer months—at either the McDonald’s Heretofore, we were letting them don’t bear that out. Since the min- drive-ins or various places across pool those expenses along with other imum wage was increased in October of America. health care costs and if that exceeded 1996, we have gained 8.7 million new It seems to this Senator, a minimum 7.5 percent of the income, they could jobs in this country, most of them in wage that applies to 50 percent of the deduct it. There are many people who the form of small businesses and new minimum-wage earners in America, work for small businesses and others businesses. As a matter of fact, that who are students, and that goes up 35 would don’t furnish insurance, and per- has been the explosion—new busi- cents, 35 cents, and 30 cents, respec- haps they could buy their own insur- nesses, small businesses, just the busi- tively, over the next 26 months, since ance. But right now, they don’t get to nesses that pay many of their people a it far exceeds inflation, it is good for deduct the premiums. We add that to minimum-wage salary. the teenagers of America, good for the basket of opportunities for health In a strong economy, raising the those who hire them, and an excellent insurance. minimum wage will not cost jobs. And way to make sure that portion of the Then, there are the independent em- it is time to do it. As a matter of fact, American population in their first ployees who work essentially for them- there is no better time to do it than entry jobs in our marketplace-oriented selves. Under this bill, we finally make when the economy is flush. And the economy get a chance to earn that the health care costs 100 percent de- economy has not been this flush in a money, to learn what it is to work, and ductible. I think health insurance de- long time. at the same time make that large duction is very important for the self- I say to you that if we fail to raise group of young American men and employed. the minimum wage, and to raise it on women a part of the marketplace. We increase the small business ex- a regular basis, we will see virtually If we make it too high, businesses pensing, which means there are certain every city in this Nation, in addition won’t be hiring them and they will be items they can deduct, up to $30,000 to the 35 that are now doing it, enact looking to others to fill the jobs. We under this new law in the year of the their own living wage. This will vary. I still need in America a place for people expanse rather than having to charge think we will increasingly find this to start. it off over time, which is desired by minimum wage is going to be $10 or If we had a minimum wage bill and small business that will bear the brunt more if it is left to the city. that is all we did, knowing what we of this added minimum wage. I think it is prudent to raise the min- know about welfare reform, we would We reduce the unemployment surtax, imum wage. I think this is the time to not have a very good bill. The work op- and we make permanent the work op- do it. I think it is unfair to ask some- portunity credit, where employers give portunity tax credit. A number of pen- one to live on $10,000. I think for the welfare men and women a job, is now a sion plans are reformed in this legisla- millions of workers who, as a product temporary work incentive credit; we tion so that more of the small busi- of this action, will have $2,000 more in make that permanent. That means as nesses in this country will be able to their pocket to pay for rent, to pay for we have reduced the assistance for wel- take maximum advantage of their em- clothes, to fix a car, to make a move, fare in the United States by 48 percent, ployees creating pension plans under this is the single most important piece down to 2.7 million people, we want the the auspices of their employer as we of social economic legislation this body employees of America to make a living currently have them in numerable can pass. wage. We want them to have a chance, places in the Tax Code.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28979 We can talk about how this affects imum wage has constantly been below lots of parts to that problem, lots of our individual States. I will have for the poverty line. So for all those who parts to the solution. But certainly, the record how the Domenici plan will are worried about statistics and fig- raising the minimum wage makes a affect New Mexicans on the tax side ures, rest assured this increase in the huge difference. once we have it figured out, as well as minimum wage proposed by the Sen- I might also add, in my home State on the minimum wage side. ator from Massachusetts is not above of Montana there is a very unfortunate In summary, we will increase the inflation. It may be true in 1 year’s economic trend. In 1946, Montana minimum wage in the Domenici time it is above what inflation might ranked 10th in per capita income. In amendment—which the occupant of the be in that single year, but on the ques- roughly 1992 or 1993, Montana ranked Chair is a cosponsor, and I thank him tion whether minimum wage has kept not 10th anymore but about 35th or for that—increase it $1, but it will take up with inflation or not, historically it 36th. Where does Montana rank today 12 additional months before we get to has not kept up with inflation. in per capita income? It depends on that. It will be 35 cents, 35 cents, and 30 Second, I want to relate a personal how you calculate it, but 48th, 49th, or cents. Senator KENNEDY does it in two story which made a huge difference to 50th. installments. Senators have to decide me. The State used to be a natural re- which best fits the needs of our coun- Mr. KENNEDY. Will the Senator be sources, commodity-based State with try. good enough to yield on that point? mining business and timber industries If we were wishing and hoping, we Mr. BAUCUS. Yes. that had good-paying jobs; in agri- would pay everybody a lot more. I re- Mr. KENNEDY. The Senator talked culture income was up too. Today, peat, half of the minimum wage earn- about the poverty line and the min- those mining jobs, those timber indus- ers in America are young people who imum wage. There is a third element, try jobs, those commodity-based re- are in part-time jobs, such as after- and that is productivity. As we pointed source jobs are disappearing because of school and summer jobs. We believe the out in the earlier presentation, the pro- the greater importance of value added. 3-year installment increase, which far ductivity in the last 10 years has in- We are now becoming a tourism State, exceeds inflation annually as it applies creased by 12 percent, and the total a recreation State, a service industry to the current minimum wage, is prob- wages of all workers, 1.9 percent. State. And service industries pay very ably good for the teenagers of our The Senator, as a member of the Fi- low wages compared with commodity- country, good to keep them employed, nance Committee, knows one of the based industries. get them that entrance job and not key elements in an economic analysis I am sure this is true in lots of other have so many owners looking around is the issue of productivity. Here we States in the Nation. An increase in for other employees who have more ex- have fallen so far behind, not only in the minimum wage is going to help in- perience, which they will if we make the poverty rate but also in produc- crease the pay for service jobs, which is the minimum wage too high. tivity growth. going to help a lot. I might also add In addition, many of those getting off Mr. BAUCUS. That is an excellent keeping workers’ pay up only makes welfare—and we know there are thou- point. I regret telling the Senator from sense; it is only fair because of all the sands—they need some training and Massachusetts I was not able to see profits so many companies have re- some extra skills preparation and the that chart, but I am glad the Senator ceived, particularly over the past cou- like. We are hoping they will get jobs. has explained this point. It is abso- ple or 3 years, the best evidence of We are increasing their take-home pay lutely true. If you increase produc- which is the skyrocketing increases of so they can, indeed, have a better tivity, and everybody knows produc- the stock indexes on the various stock chance of succeeding off the rolls and tivity means the amount of output per exchanges. move up the employment chain and get worker hour—if productivity has in- It was said earlier this is just a min- better and better jobs. The other creased dramatically, that is all the imum wage for younger people. Mr. things I mentioned in the health care more reason why it is unfair the min- President, I am sure you have experi- field will be welcomed by millions of imum wage has not kept up with infla- enced this. When you stop in McDon- Americans, and in particular millions, tion. The amendment offered by the ald’s, you go to a store, say a Penny’s millions of self-employed business men Senator from Massachusetts will help or some store downtown, you are going and women across America. accommodate that. to find a lot of medium-age people and With that, I know there are others The point I was going to make is older people working there. I am as- who would like to speak, if not tonight, when I last ran for reelection, I walked tounded at the number of older women we obviously will share time with them across our State. I will never forget who work at McDonald’s. I am as- tomorrow. talking to a woman, a single mom, who tounded. This is not only a younger I yield the floor. told me how hard she worked to try to person’s issue. In fact, if statistics were The PRESIDING OFFICER. Who stay off welfare. She had a minimum- shown, my guess is it would be more of yields time? The Senator from Mon- wage job in my home State. a women’s issue and a medium-age tana. She tried for a couple of years to stay issue—people having a hard time mak- Mr. BAUCUS. Mr. President, will off welfare. She was determined to stay ing ends meet, not school kids working somebody yield time to me? off welfare. It was a matter of prin- for pocket change. Mr. KENNEDY. Yes. I yield 10 min- ciple, a matter of pride. She slept on Not only should there be an increase utes. the sofa in her parents’ home, she did in the minimum wage—and I think the The PRESIDING OFFICER. The Sen- all the things she could do to cut cor- amendment offered by the Senator ator is recognized for 10 minutes. ners so she could raise her young child from Massachusetts is more than fair— AMENDMENT NO. 2751 and stay off welfare. But she finally re- the amendment offered by the Senator Mr. BAUCUS. Mr. President, I was alized with her minimum-wage job and from Massachusetts is paid for. I ask very impressed with the statement of the day-care costs—I have forgotten consent to speak for 5 more minutes the Senator from Massachusetts earlier the exact percent, but it was 30 or 40 Mr. KENNEDY. I yield 5 more min- when he showed us the charts of how percent of her take-home pay went to utes. minimum wage has not kept up with childcare—she could not do it. She had Mr. BAUCUS. The amendment by the inflation. As I recall the chart of the to finally give up and go onto welfare Senator from Massachusetts is paid Senator, it was very dramatic, showing because her minimum-wage job did not for. What do I mean by that? By that I with the minimum wage increase of $1 earn her enough money for her and her mean that the cost to the private sec- over 2 years, still we would not keep up child to survive. tor of this increase, by CBO estimates, with inflation in real terms. We can help get people off the wel- might be roughly $30 billion over 10 He had a second chart. If you chart fare rolls by increasing minimum wage. years. The amendment by the Senator the poverty line, you will see the min- It is not the total solution. There are from Massachusetts has several key

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28980 CONGRESSIONAL RECORD—SENATE November 8, 1999 tax cut provisions that would help off- cent in the year 2002. These are all pro- this area. The American Bar Associa- set whatever cost businesses might ex- visions targeted to small business. tion, the New York State Bar Associa- perience in paying the increased min- Rather than risking dipping into the tion, the American Association of imum wage. I would like to highlight Social Security Trust Fund, however, CPAs, and many others have testified just a couple. we pay for our provisions. there has to be a solution to this prob- One of the main provisions is a small Why do I say all that? Because the lem. business pension startup tax credit. We alternative offered on the other side is Even Congressman ARCHER has ad- want to help small business. We want much more expensive. It will lose mitted we have been very successful in to help small business provide pensions about $75 billion in revenue and there shutting down about $50 billion of spe- for their employees. We all know one of are no offsets for the lost revenue. Our cific shelters over the last 5 years, and the big problems today is that while proposal provides offsets for the $28 bil- those are just the tip of the iceberg, ac- big businesses usually provide good lion tax cut. The major offsets are ex- cording to a lot of practitioners. pensions for their employees, small tending the current Superfund tax and, So to summarize reasons to support businesses do not, because of their nar- second, closing corporate tax shelters. our amendment: No. 1, we increase rower profit margins. It is very dif- We close down a lot of loopholes in cur- minimum wage because it makes sense, ficult to begin a small business. Start- rent law of which many companies are and lets people keep up with inflation. up costs in particular make the early taking advantage. No. 2, we give tax breaks to small busi- years very difficult, because you have Let me say a couple of words about nesses that need it. They are very di- to pay that payroll tax on the first day the ‘‘pay for.’’ Right now, the balance rected and targeted to the tune of of business whether or not you make a in the Superfund trust fund is declining about $28 billion. No. 3, we pay for our profit, and when you start out in small dramatically. In 1996, the balance in tax breaks in a very fair way. Contrast business you are not going to make a the Superfund trust fund was about $4 that with the other side, which profit that first day. You don’t have to billion. The estimate for this next year stretches out the minimum wage in- pay income taxes, but you have to pay is about $1 billion. crease, which hurts people and, in addi- that payroll tax. Small businesses Why is that important? That is im- tion, has a tax bill which is not tar- therefore have a very hard time doing portant to continue cleanups under the geted. what a lot of those small businesses Superfund Program. If the trust fund is I ask for a few more minutes. want to do: Set up a pension fund for declining rapidly and gets close to zero, Mr. KENNEDY. I yield 3 more min- their employees. we are not going to have the cleanups utes. If we are going to solve the retire- this country wants. That is, ground Mr. BAUCUS. Mr. President, I have a ment problem of this country, we cer- water is going to be polluted, drinking chart. I noticed the Senator from New tainly have to reform Social Security, water polluted, hazardous waste in the Mexico was looking at it with a quiz- and we certainly have to increase pri- soil. It is very important we extend the zical expression on his face. The source vate savings. But we all know that a Superfund provisions so the trust fund is the Center on Budget and Policy Pri- third leg of the retirement stool is pen- has the requisite dollars to continue orities. Everybody has a chart these sion benefits. We clearly need more in- cleanups, irrespective of whether we days. Essentially, this chart shows the centives so small business can provide modify the Superfund law. I hope we assumptions. This line shows the on- pension benefits to their employees. do. But the trust fund is going to de- budget deficit. They will be better employees. They cline to zero pretty quickly whether or The chart assumes we will continue will be more likely to stay there. They not Congress reauthorizes the trust 1999 discretionary spending levels in- are going to be more committed to the fund. flated for present CPI and historical business. And they are going to be Second, if we continue this Super- levels of emergency spending, which is more committed to helping that com- fund tax, the Appropriations Com- an average of the last 8 years. It only pany make a buck. Our package has a mittee is more likely to fund Super- addresses spending. What this chart tax credit for small businesses, about fund. Technically, it does not have to does not show is how much the deficit $4 billion, to help make that happen. though it usually appropriates dollars is going to increase if we pass the tax What else do we do? We accelerate anyway. If the amount of money in the cut bill from the other side, about $75 the 100-percent deduction of health in- trust fund continues to be level and billion. surance for the self-employed. The Re- does not taper off—and I note that it This chart shows that, even without publican bill does that, and so do we. It has been tapering off without the con- the tax cut the other side wants to is very important that self-employed tinuation of the tax—it is more likely enact, we are not going to reach a sur- people get the health insurance deduc- the Appropriations Committee is going plus until the year 2005 under current tion quickly. to find the dollars for Superfund clean- scorekeeping. If you add to that the $75 Other major highlights: Our bill has ups. If we do not reinstate the trust billion tax cut, it is clearly going to be a tax credit for information technology fund, what is going to happen? Instead a lot later before we even get a surplus. training expenses. We have heard it of the polluter paying for the cleanup, Do not forget, you have to add in the many times that a lot of small firms it will be the general revenue taxpayer last interest and expenses that other- cannot find enough good employees. who will pay to clean up. The polluters wise would be available. There are not enough around. We pro- will not be paying for it; the general This is a no-brainer. Let’s increase vide a tax credit to those companies for revenue taxpayer will pay for the pol- minimum wage fairly. Then let’s enact technology training expenses. It makes lution caused by major companies. It is tax provisions, tax cuts targeted to a lot of sense. imperative we extend the Superfund small business. Let’s pay for it in a re- We also provide $2 billion over 10 tax. sponsible way. Otherwise, we have the years for a low-income housing tax The second major ‘‘pay for’’ provision other side which is not paid for, a huge credit, to help reduce housing costs of we have in our bill is targeted toward tax break which the President is going the buildings so many workers earning tax shelters. Every time Congress to veto anyway. So let’s pass some- minimum wages live in. shuts down some abusive tax shelters, thing the President will sign. We provide estate tax relief. Strange- tax attorneys are so smart, they figure The PRESIDING OFFICER. The Sen- ly, that is not in the bill offered by the out another loophole and a way to beat ator’s time has expired. other side. We offer estate tax relief the system. What we are saying is for AMENDMENT NO. 1730, AS MODIFIED targeted to family-owned businesses. $10 billion over 10 years, let’s enact a Mr. GRASSLEY. Mr. President, I ask We increase the unified credit by provision which makes transactions unanimous consent that the pending $450,000 phased in to the year 2003. such as this much more difficult. Grassley amendment No. 1730 be modi- In addition, we increase the small Many organizations testified there is fied with the text I now send to the business meals deduction up to 60 per- a problem that needs to be addressed in desk and that the vote occur on or in

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28981 relation to the amendment at 5:30 this pay for the storage of patient records in the ‘‘§ 332. Appointment of ombudsman evening. That is right now. manner required under applicable Federal or ‘‘(a) Not later than 30 days after a case is The PRESIDING OFFICER. Without State law, the following requirements shall commenced by a health care business under objection, it is so ordered. apply: chapter 7, 9, or 11, the court shall appoint an ‘‘(1) The trustee shall— The amendment, as modified, is as ombudsman with appropriate expertise in ‘‘(A) publish notice, in 1 or more appro- monitoring the quality of patient care to follows: priate newspapers, that if patient records are represent the interests of the patients of the Redesignate titles XI and XII as titles XII not claimed by the patient or an insurance health care business. The court may appoint and XIII, respectively. provider (if applicable law permits the insur- as an ombudsman a person who is serving as After title X, insert the following: ance provider to make that claim) by the a State Long-Term Care Ombudsman ap- TITLE XI—HEALTH CARE AND EMPLOYEE date that is 90 days after the date of that no- pointed under title III or VII of the Older BENEFITS tification, the trustee will destroy the pa- Americans Act of 1965 (42 U.S.C. 3021 et seq. and 3058 et seq.). SEC. 1101. DEFINITIONS. tient records; and ‘‘(B) during the 90-day period described in ‘‘(b) An ombudsman appointed under sub- (a) HEALTH CARE BUSINESS DEFINED.—Sec- section (a) shall— tion 101 of title 11, United States Code, as subparagraph (A), attempt to notify directly each patient that is the subject of the pa- ‘‘(1) monitor the quality of patient care, to amended by section 1003(a) of this Act, is the extent necessary under the cir- amended— tient records and appropriate insurance carrier concerning the patient records by mail- cumstances, including reviewing records and (1) by redesignating paragraph (27A) as interviewing patients and physicians; paragraph (27B); and ing to the last known address of that patientance appropriate insurance carrier an ‘‘(2) not later than 60 days after the date of (2) inserting after paragraph (27) the fol- appointment, and not less frequently than lowing: appropriate notice regarding the claiming or disposing of patient records. every 60 days thereafter, report to the court, ‘‘(27A) ‘health care business’— at a hearing or in writing, regarding the ‘‘(A) means any public or private entity ‘‘(2) If after providing the notification under paragraph (1), patient records are not quality of patient care at the health care (without regard to whether that entity is or- business involved; and ganized for profit or not for profit) that is claimed during the 90-day period described under that paragraph, the trustee shall mail, ‘‘(3) if the ombudsman determines that the primarily engaged in offering to the general quality of patient care is declining signifi- public facilities and services for— by certified mail, at the end of such 90-day period a written request to each appropriate cantly or is otherwise being materially com- ‘‘(i) the diagnosis or treatment of injury, promised, notify the court by motion or deformity, or disease; and Federal or State agency to request permission from that agency to deposit the patient written report, with notice to appropriate ‘‘(ii) surgical, drug treatment, psychiatric parties in interest, immediately upon mak- or obstetric care; and records with that agency. ‘‘(3) If, following the period in paragraph ing that determination. ‘‘(B) includes— ‘‘(c) An ombudsman shall maintain any in- ‘‘(i) any— (2) and after providing the notification under paragraph (1), patient records are not formation obtained by the ombudsman under ‘‘(I) general or specialized hospital; this section that relates to patients (includ- ‘‘(II) ancillary ambulatory, emergency, or claimed during the 90-day period described in paragraph (1)(A) or in any case in which a ing information relating to patient records) surgical treatment facility; as confidential information.’’. notice is mailed under paragraph (1)(B), dur- ‘‘(III) hospice; (2) CLERICAL AMENDMENT.—The chapter ing the 90-day period beginning on the date ‘‘(IV) home health agency; and analysis for chapter 3 of title 11, United on which the notice is mailed, by a patient ‘‘(V) other health care institution that is States Code, is amended by inserting after or insurance provider in accordance with similar to an entity referred to in subclause the item relating to section 331 the fol- that paragraph, the trustee shall destroy (I), (II), (III), or (IV); and lowing: ‘‘(ii) any long-term care facility, including those records by— ‘‘(A) if the records are written, shredding ‘‘332. Appointment of ombudsman.’’. any— (b) COMPENSATION OF OMBUDSMAN.—Section ‘‘(I) skilled nursing facility; or burning the records; or ‘‘(B) if the records are magnetic, optical, or 330(a)(1) of title 11, United States Code, is ‘‘(II) intermediate care facility; amended— ‘‘(III) assisted living facility; other electronic records, by otherwise destroying those records so that those records (1) in the matter proceeding subparagraph ‘‘(IV) home for the aged; (A), by inserting ‘‘an ombudsman appointed ‘‘(V) domicilary care facility; and cannot be retrieved.’’. (b) CLERICAL AMENDMENT.—The chapter under section 331, or’’ before ‘‘a professional ‘‘(VI) health care institution that is reanalysis for chapter 3 of title 11, United person’’; and lated to a facility referred to in subclause States Code, is amended by inserting after (2) in subparagraph (A), by inserting ‘‘om- (I), (II), (III), (IV), or (V), if that institution the item relating to section 350 the fol- budsman,’’ before ‘‘professional person’’. is primarily engaged in offering room, board, lowing: SEC. 1105. DEBTOR IN POSSESSION; DUTY OF laundry, or personal assistance with activi- TRUSTEE TO TRANSFER PATIENTS. ‘‘351. Disposal of patient records.’’. ties of daily living and incidentals to activi- (a) IN GENERAL.—Section 704(a) of title 11, ties of daily living;’’. SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR United States Code, as amended by section COSTS OF CLOSING A HEALTH CARE (b) PATIENT DEFINED.—Section 101 of title 219 of this Act, is amended— BUSINESS. 11, United States Code, as amended by sub- (1) in paragraph (9), by striking ‘‘and’’ at Section 503(b) of title 11, United States section (a) of this section, is amended by in- the end; Code, is amended— serting after paragraph (40) the following: (2) in paragraph (10), by striking the period (1) in paragraph (5), by striking ‘‘and’’ at ‘‘(40A) ‘patient’ means any person who ob- and inserting ‘‘; and’’; and the end; tains or receives services from a health care (3) by adding at the end the following: (2) in paragraph (6), by striking the period business;’’. ‘‘(11) use all reasonable and best efforts to at the end and inserting ‘‘; and’’; and (c) PATIENT RECORDS DEFINED.—Section 101 transfer patients from a health care business (3) by adding at the end the following: of title 11, United States Code, as amended that is in the process of being closed to an ‘‘(7) the actual, necessary costs and ex- by subsection (b) of this section, is amended appropriate health care business that— penses of closing a health care business in- by inserting after paragraph (40A) the fol- ‘‘(A) is in the vicinity of the health care curred by a trustee or by a Federal agency lowing: business that is closing; (as that term is defined in section 551(1) of ‘‘(40B) ‘patient records’ means any written ‘‘(B) provides the patient with services title 5) or a department or agency of a State document relating to a patient or record re- that are substantially similar to those pro- or political subdivision thereof, including corded in a magnetic, optical, or other form vided by the health care business that is in any cost or expense incurred— of electronic medium;’’. the process of being closed; and ‘‘(A) in disposing of patient records in ac- (d) RULE OF CONSTRUCTION.—The amend- ‘‘(C) maintains a reasonable quality of cordance with section 351; or ments made by subsection (a) of this section care.’’. ‘‘(B) in connection with transferring pa- shall not affect the interpretation of section (b) CONFORMING AMENDMENT.—Section 109(b) of title 11, United States Code. tients from the health care business that is 1106(a)(1) of title 11, United States Code, is in the process of being closed to another SEC. 1102. DISPOSAL OF PATIENT RECORDS. amended by striking ‘‘704(2), 704(5), 704(7), health care business.’’. (a) IN GENERAL.—Subchapter III of chapter 704(8), and 704(9)’’ and inserting ‘‘704(a) (2), SEC. 1104. APPOINTMENT OF OMBUDSMAN TO (5), (7), (8), (9), and (11)’’. 3 of title 11, United States Code, is amended ACT AS PATIENT ADVOCATE. by adding at the end the following: SEC. 1106. ESTABLISHMENT OF POLICY AND PRO- (a) IN GENERAL.— TOCOLS RELATING TO BANK- ‘‘§ 351. Disposal of patient records (1) APPOINTMENT OF OMBUDSMAN.—Sub- RUPTCIES OF HEALTH CARE BUSI- ‘‘If a health care business commences a chapter II of chapter 3 of title 11, United NESSES. case under chapter 7, 9, or 11, and the trustee States Code, is amended by inserting after Not later than 30 days after the date of en- does not have a sufficient amount of funds to section 331 the following: actment of this Act, the Attorney General of

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the United States, in consultation with the (Mr. MOYNIHAN) and the Senator from I am especially concerned that 59 per- Secretary of Health and Human Services and Vermont (Mr. LEAHY) would each vote cent of those struggling on the min- the National Association of Attorneys Gen- ‘‘yea.’’ imum wage are women. 6.8 million eral, shall establish a policy and protocols The result was announced—yeas 94, women—many of these single moth- for coordinating a response to bankruptcies of health care businesses (as that term is de- nays 0, as follows: ers—would benefit directly from this fined in section 101 of title 11, United States [Rollcall Vote No. 355 Leg.] increase. Code), including assessing the appropriate YEAS—94 These single mothers are doing their time frame for disposal of patient records Abraham Edwards McCain best. They are trying to raise two under section 1102 of this Act. Akaka Enzi McConnell kids—on average—on a below-poverty SEC. 1107. EXCLUSION FROM PROGRAM PARTICI- Allard Feingold Mikulski income. And how does this Congress Ashcroft Feinstein PATION NOT SUBJECT TO AUTO- Murkowski support these struggling parents? By MATIC STAY. Baucus Frist Murray Section 362(b) of title 11, United States Bayh Gorton Nickles attacking programs like Medicaid, by Code, as amended by section 901(d) of this Bennett Graham Reed cutting child care support, by taking Biden Grams Reid Act, is amended— Bingaman Grassley away funding for nutrition programs, Robb (1) in paragraph (27), by striking ‘‘or’’ at Bond Gregg and by taking actions that hurt work- Roberts the end; Boxer Hagel ing families in need. (2) in paragraph (28), by striking the period Breaux Harkin Rockefeller Roth These are the same group of people at the end and inserting ‘‘; or’’; and Brownback Hatch Bryan Helms Santorum that Congress says it wants to keep off (3) by inserting after paragraph (28) the fol- Sarbanes of public support. lowing: Bunning Hutchinson Burns Hutchison Schumer ‘‘(29) under subsection (a), of the exclusion But how does this Congress support Byrd Inhofe Sessions these struggling parents? By cutting by the Secretary of Health and Human Serv- Campbell Inouye Shelby ices of the debtor from participation in the Chafee, L. Jeffords Smith (NH) vital programs and fighting efforts like medicare program or any other Federal Cleland Johnson Smith (OR) this one—an effort that will help them health care program (as defined in section Cochran Kennedy Snowe work themselves above the poverty 1128B(f) of the Social Security Act (42 U.S.C. Collins Kerrey Specter line. 1320a–7b(f)) pursuant to title XI of such Act Conrad Kerry Stevens Coverdell Kohl Thomas This amendment does not eliminate (42 U.S.C. 1301 et seq.) or title XVIII of such Craig Kyl jobs. It keeps people working—people Act (42 U.S.C. 1395 et seq.).’’. Thompson Crapo Landrieu Thurmond who otherwise would be completely re- Daschle Mr. GRASSLEY. I ask for the yeas Levin Torricelli DeWine Lieberman liant on public support. Just a $1.00 Voinovich and nays. Dodd Lincoln raise would generate $2,000 in potential Warner The PRESIDING OFFICER. Is there a Domenici Lott Wellstone income for minimum wage workers. sufficient second? Dorgan Lugar For an average family of four, that There appears to be a sufficient sec- Durbin Mack Wyden means 7 months of groceries, 5 months ond. ANSWERED ‘‘PRESENT’’—1 of rent, or 13 months of health care ex- The yeas and nays were ordered. Fitzgerald Mr. DOMENICI. Is there any time be- penses. fore the vote or are we supposed to NOT VOTING—5 I reached my decision to support this vote now? Gramm Lautenberg Moynihan increase after very careful consider- The PRESIDING OFFICER. Nine sec- Hollings Leahy ation. I have listened to the concerns onds. The amendment (No. 1730), as modi- of small business owners from across AMENDMENT NO. 2547 fied, was agreed to: my state, who shared with me their Mr. DOMENICI. Mr. President, if we AMENDMENT NO. 2751 thoughts about this increase. pass this minimum wage bill that I of- Mr. KENNEDY. Mr. President, how I am happy to say that most of the fered today with the taxes we have on much time does our side have? businesses in Washington state are ex- it, we would welcome the President The PRESIDING OFFICER (Mr. FITZ- periencing unprecedented growth. In fact, since the federal minimum vetoing it. As a matter of fact, I do not GERALD). The Senator from Massachu- wage was last increased in 1996–97, em- believe he would. We have not only the setts controls 27 minutes. ployment in Washington has grown. minimum wage, but these are the right Mrs. MURRAY. Mr. President, I rise Since September 1996, 231,900 new jobs kinds of tax cuts to go along with it, today in strong support of the Kennedy have been created in Washington and they are very desirable for the amendment and as a cosponsor of the state—an increase of 9.5%. Washing- American economy right now. minimum wage increase. The PRESIDING OFFICER. The Sen- In this debate, many people have the ton’s economy is strong, and our low- ator’s time has expired. wrong idea about who this increase wage workers should share in that suc- would affect. Many people think the cess. VOTE ON AMENDMENT NO. 1730, AS MODIFIED Because my constituents understand The PRESIDING OFFICER. The typical wage earner is a young man or the value of the minimum wage, they question is on agreeing to amendment woman flipping burgers or working at a overwhelmingly passed their own min- No. 1730, as modified. The yeas and convenience store trying to make a few imum wage increase last year in Wash- nays have been ordered. The clerk will extra dollars to buy some CD’s or to go ington state. They raised the state call the roll. to the movies. That image is inac- The bill clerk called the roll. curate. And until we really understand minimum wage to $5.70 this year. In Mr. FITZGERALD (when his name who the people are who rely on the the year 2000, it will move to $6.50, and was called). Present. minimum wage, we won’t approach this after that it will be indexed based on Mr. NICKLES. I announce that Sen- debate with the urgency it requires. the Consumer Price Index. Mr. Presi- ator from Texas (Mr. GRAMM) is nec- To clear up that misconception, let dent, we should follow the example of essarily absent. me set the record straight. In reality, my state and increase the minimum Mr. REID. I announce that the Sen- 70 percent of the people earning a min- wage for all Americans. ator from New York (Mr. MOYNIHAN) is imum wage are over the age of 20. That The increase that we passed in the necessarrily absent. means that 11.4 million adults this last Congress should be the first step— I further announce that the Senator year will have to try to live on a salary not the last—on our road to help these from Vermont (Mr. LEAHY) is absent of $10,700. hard-working citizens. due to family illness. Forty percent of these same adults It should be the first step because the I also announce that the Senator are the sole source of income for their economy and our world have changed— from South Carolina (Mr. HOLLINGS) is families. These are people who are and we need to keep up with those absent due to a death in family. working hard—just to get by and sup- changes. In 1979, a person could work 40 I further announce that, if present port their families. They deserve a hours a week at minimum wage and and voting, the Senator from New York fighting chance. stay out of poverty. Today, it takes 52

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hours. To just reach the poverty line KENNEDY, my friend and colleague on need. It is curious to me that only a for a family of four, the minimum wage the Democratic side, when it comes to few weeks ago, the same Republican would have to be $7.89. That’s why our a minimum wage. The difference may Party that cannot produce $1,200 for last increase was a good start and why seem cosmetic to those who do not people who get up and go to work every this proposed increase is the next vital take a close look because the Repub- day at minimum-wage jobs came before step to helping these working families lican side suggests that to raise the us with a $792 billion tax cut primarily rise out of poverty. minimum wage by $1, we should take for wealthiest people in this country. Overall, a slight increase in the min- an extra year or 3 years instead of 2 to Mr. DOMENICI. Mr. President, can imum wage provides those who work achieve this. we have order? The Senator deserves to hard and play-by-the-rules an increased What does that mean to the working be heard. opportunity to succeed. If any of my person? If the Republican approach The PRESIDING OFFICER. The Sen- colleagues oppose this minimum wage should pass, it means $1,200. For some- ate will be in order. increase, I would ask them to consider one making $50,000 a year or $100,000, or The Senator from Illinois. trying to live on $10,700 this year—not more, $1,200 hardly seems to be a grand Mr. DURBIN. I thank the Senator just live on it—but try to raise a fam- amount of money to be worried over from New Mexico. ily on it. I think when you consider when you stretch it over a period of Mr. President, consider that only a this debate in those terms, the right time. But imagine if your income was few weeks ago, this Chamber was seri- thing to do becomes clear. only $10,000 a year on a minimum wage, ously considering a $792 billion tax cut It would be embarrassing if this Con- and what is at stake here is $1,200. The for some of the wealthiest people in gress voted to raise its own salary but Republican approach would short- America, and many people on the other didn’t vote to let hard-working Amer- change those who go to work every sin- side of the aisle said that is good, wise ican families work their way out of gle day in America on a minimum wage policy. Alan Greenspan of the Federal poverty. by $1,200 as they stretch this out over Reserve didn’t think so. Frankly, the I urge my colleagues to vote to in- a 3-year period of time. people of America don’t think so. They crease the minimum wage. Let’s show Of course, the bill does much more told the Republican Party to keep this the American people that we have our than address the increase in the min- tax cut primarily for wealthy people. priorities straight. imum wage. It also addresses some Now comes a proposal from the Re- Mr. KENNEDY. I yield 10 minutes to needed changes in tax law. publican side when it comes to the the Senator from Illinois. I support Senator KENNEDY’s ap- Mr. DOMENICI. Will the Senator proach. He does provide the kind of re- working families that would cut out yield? lief which small businesses need in $1,200 in income, $1,200 to a family Mr. DURBIN. Yes. order to find the tax relief to provide making about $10,000 a year. That is an Mr. DOMENICI. Mr. President, might things for their employees. It is a pro- upside down priority. That is a priority I ask, is the Senator speaking on his posal from Senator CHUCK ROBB of Vir- that forgets the real people who are time on the Domenici amendment? ginia and Senator Max BAUCUS of Mon- working in this country to make Amer- Mr. DURBIN. That’s correct. tana, a small business tax proposal ica strong. Eleven point four million Mr. DOMENICI. Mr. President, I ask which, among other things, finally puts workers would get a pay increase with unanimous consent that, following the a 100-percent deduction for the health the Democratic Kennedy minimum distinguished Senator from Illinois, insurance costs of self-employed peo- wage increase package, and with this Senator KAY BAILEY HUTCHISON be the ple. The Senate and Congress have been proposed increase that Senator KEN- next speaker on our side. moving toward this goal. This bill will NEDY has proposed and I am sup- The PRESIDING OFFICER. Without achieve it on the Democratic side, if it porting, it means over $2,000 a year for objection, it is so ordered. is passed. people who are scraping to get by, pri- The Senator from Illinois is recog- It also provides assistance to small marily women who are in the minimum nized. businesses that provide child care. wage workforce, African-Americans, Mr. DURBIN. Mr. President, when Think about families, particularly sin- and Hispanics, people who go to work the Senate returns tomorrow morning, gle mothers and single parents who every single day who understand the our very first vote will be an important have to worry every single day whether importance of work and deserve our re- one for literally millions of American or not their kids are safe. This is an in- spect for doing so. workers and families, and some 320,000 centive for small businesses to provide The vote tomorrow morning will be a in Illinois, who are watching carefully child care facilities, a tax credit, one measure of how much respect we have to see if this Senate is listening to that can assist them and their workers. for them. This $2,000 increase for these America. It is the question of the min- In addition, there is a pension pack- workers can mean 7 months of gro- imum wage and whether or not it is age which has been supported by Sen- ceries, 5 months of rent, 10 months of going to be increased. ator GRAHAM, a Democrat of Florida, utilities, tuition and fees at a commu- Senator KENNEDY has a proposal that and Senator GRASSLEY, a Republican of nity college so one of their kids has a I support which calls for an increase in Iowa. The Democratic package is not chance to even have a better and more the minimum wage from the current only a well-balanced package providing successful life. level of $5.15 an hour to 50 cents more child care health and retirement bene- I say to the Senate this is a test. It on January 1 of the year 2000, and then fits for small businesses, but more im- is a test as we wrap up this session 50 cents again on the following Janu- portant than anything, the Democratic about where our values will be. Will ary 1. package is paid for. It is paid for. The they be with these working families? So that those who are going to work Republican package of tax changes is Will we make certain they get an in- every single day, trying to raise their not. crease in their basic wage or will we families, trying to make a decent in- In other words, it is an extension of stand with those who want to delay it come, will, in fact, move closer to a the possibility of debt. It is a promise and delay and delay it? The argument livable wage. This is still a long way that can’t be kept. The Democratic is often made that if you increase the away from it because people who are package is paid for. The Republican minimum wage, you are going to lose earning $5.15 an hour or $6.15 an hour one is not. The Democratic package in- jobs. hardly live in the lap of luxury. creases the minimum wage over 2 years Take a look at my home State of Illi- There is a noteworthy difference be- by $1 an hour, and the Republicans over nois. Since the 1996 increase in the tween the approach being suggested by 3 years costing workers $1,200 by tak- minimum wage, take a look at the real my friend and colleague, the Senator ing the Republican approach. statistics: 268,100 new jobs since we last from New Mexico, on the Republican I say to those who are working across increased the minimum wage; 33,100 side, and the suggestion of Senator America that this is hardly what they new retail jobs, the area where most

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28984 CONGRESSIONAL RECORD—SENATE November 8, 1999 minimum-wage jobs are found; unem- I yield the floor. What has been incorporated into the ployment is down 10 percent; and the AMENDMENT NO. 2547 Domenici amendment makes it easy unemployment rate is 4.7 percent. The PRESIDING OFFICER. The Sen- for employers to give performance- As we increase the minimum wage, ator from Texas is recognized. based bonuses to hourly employees. we have not seen all of the things that Mrs. HUTCHISON. Mr. President, I There is no reason we should have a the Republicans tell us we should be rise to support the Domenici substitute big, mumbo-jumbo set of regulations afraid of—afraid of losing jobs and cre- for the Kennedy amendment because I that make it difficult. We want to ating chaos in the workplace. Exactly think it strikes the balance we need to make it easier for those employees to the opposite has happened across have. We have a strong economy today. be rewarded for merit. America. Since we last raised the min- We want to make sure it stays strong. Other tax relief in this bill is an imum wage, we have seen an economy We are talking about a minimum wage above-the-line real deduction for moving forward. increase that is $1 over a period of 3 health insurance expenses for individ- Now the real test for this Senate is years. This should not be a shock to uals who don’t have health care cov- whether or not we are going to bring on the small businesses, the farmers, and erage. I know people who don’t have in- board this ship as it moves forward the the ranchers who are concerned about surance who have huge medical bills. people who get up and go to work every having base costs go up—not even peo- Why shouldn’t they be able to deduct single day, the men and women who ple who don’t pay minimum wage but all of their medical expenses if they work in the convenience stores, who people who are concerned about paying don’t have employer-provided insur- make our beds in motels and hotels we at the higher levels and increasing the ance coverage? It also provides 100-per- stay in overnight, the folks who serve potential for inflation. I think stretch- cent deductibility for health care in- our food and cook it in the kitchen. ing it out over 1 more year makes surance for the self-employed. These are the invisible people who keep sense. I think it should be the goal of every- America moving forward. But these in- I also think we need to look at the one in this Chamber to encourage em- visible people will be watching tomor- small business tax cuts we tried to give ployers to be able to give health insur- to small businesses in the tax cut pack- row to see if this Senate is going to ance to their employees and for the age the President vetoed. We have give the minimum wage increase which self-employed or the individual to buy brought some of those back. It provides is so essential. health insurance. Why wouldn’t we a balance of adding more to the work- I hope those on the Republican side give incentives for people to buy health who are preaching fiscal integrity and ing person, especially the part-time care insurance? We have been talking fiscal soundness will think twice about worker, but also giving a little bit of about that for the last 5 years. Why voting for a bill that not only stretches tax help to the self-employed and small don’t we put our incentives where they the minimum wage an extra year but business people who might get hit by having the whole wage scale increased. can make a difference? provides tax cuts without compen- It also accelerates an increase in What we are looking for is balance. sating offsets. What does that mean in small business expensing. This is par- layman’s terms? The Republican pack- I will talk about a few of the tax cuts ticularly helpful for farmers with di- age doesn’t pay for the tax cuts that with which we are going to try to help rect expensing and accelerating the ex- they are trying to enact. They have small business. First is an amendment pensing, especially for small busi- some good ideas, I am sure. But it isn’t from a bill I introduced that is called nesses. It reduces the Federal unem- honest if you didn’t pay for them. the Bonus Incentive Act. Today, employment tax that small businesses pay What Senator KENNEDY and the ployers can give a performance-based Democrats have done, what we have bonus to a person who is exempt, a sal- from 0.8 percent to 0.6 percent. It said is when it comes to small business aried employee, and that person will be makes permanent the work oppor- and the tax proposal, we have the able to take that bonus, pay their tunity tax credit. This is a very impor- means of paying for them. And by and withholding taxes, and go on their tant tax credit that is an incentive for large, we are going to make sure that merry way; an employer can’t do that people to hire people off welfare. It when the small businesses that enact for an hourly employee. If they give a gives a tax credit of up to $2,400 for these increases in the minimum wage performance-based bonus to an hourly wages paid to employees who are hired turn to us and say, are you listening to employee, the employer has to go back right off the welfare rolls. We think some of our other concerns, the answer and figure the whole year’s wages and this is a wonderful opportunity to give will be yes. We want to make sure you refigure any overtime pay that has the people whom we want to give a can deduct every single penny of your been given to that employee. Many em- chance at contributing to their fami- health insurance premiums as every ployers say it is just not worth the lies, coming off welfare, to have that major corporation can. Self-employed trouble, or they try to disguise the incentive for the employer to hire the people, farmers, and small businesses bonus as something else. person off welfare and give that person deserve the same benefit: Make sure Employers have come to Congress that first chance to be a contributing that there is a facility available for and testified they want to be able to member of society. child care; make sure that a pension reward hourly employees for good serv- These are some of the tax relief parts package can be offered—things that ice. At the House Education and Work- of the bill I think are so important. will help small businesses extend op- force Committee, Pam Farr, the former There is one more area I want to talk portunities for their workforce and cre- senior vice president for Marriott about because it is my amendment. ate better employee moral and produc- Lodging, recently testified that Mar- This is an amendment I have intro- tivity. riott used game-sharing plans for cus- duced before. It was in the bill the I close by saying that this vote to- tomer service personnel that rewarded President unfortunately vetoed. In morrow morning at 10:30 is a test of the employees for friendly treatment of fact, I introduced this bill 2 years ago. Senate’s will and the Senate’s values. I customers. Cordant Technologies, It allows women over 50 to have make- hope that we will stand by people who which makes solid rocket boosters for up payments to their pension plans. go to work every single day. the space shuttle, rewards their work- How many women do we know who It is one thing to preach on the floor ers for reaching goals, for workplace have left the workforce to have their about people looking for a handout; safety, indirect cost reduction, and children or to raise their children until these folks are looking for a hand up. customer satisfaction. Many employers they go into elementary school, or per- They are working and need assistance are concerned about all the paperwork haps they stay home and raise their and an increase in their minimum that would have to be prepared if they children all the way through high wage. I rise in strong support of the gave this employment bonus. In other school; then they come back into the proposal by Senator KENNEDY. I hope testimony from a human resources di- workforce. Perhaps they lose their my colleagues on both sides of the aisle rector, it took 4 people 160 hours to cal- spouse and they don’t have a good will join me. culate the bonuses for 235 employees. source of income. They go back to

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28985 work, and they are penalized in their have made a powerful case in favor of sylvania.’’ American Economic Review, 84:772–93. pension systems and their stability in increasing the minimum wage. Yet we lll lll their retirement years because they have against this background what the and . Myth and Measurement: The New Economics of the Minimum Wage lost all those years that would allow majority leader, Senator LOTT, said (Princeton, NJ: Princeton University Press, them to start building that pension about our proposal: 1995). plan. It will not go to the President. I can guar- lll and lll. 1999. ‘‘A Reanalysis of the Women who leave the workforce to antee you that. Effect of the New Jersey Minimum Wage In- raise their children and then come So the American people ought to un- crease on the Fast-Food Industry with Rep- back are penalized in this society. derstand no matter how they might resentative Payroll Data.’’ Princeton Uni- These are the people who need retire- versity Industrial Relations Section Work- agree with us and are convinced of both ing Paper #393. ment stability the most. These are the the importance and the fairness of the Connolly, Laura, and Lewis M. Segal. 1995. people who live the longest and who issue, that is the position of the major- ‘‘Minimum Wage Legislation and the Work- don’t have the same opportunity for a ity leader. That is part of the difficulty ing Poor.’’ Working Paper. pension plan because they haven’t been and the complexity we have been fac- Dickens, Richard, Stephan Machin, and able to establish a pension over the ing over this whole year. There has Alan Manning. ‘‘The Effects of Minimum Wages on Employment: Theory and Evidence years because they have stayed home been this unalterable opposition to any and raised their children. from the UK.’’ NBER Working Paper No. break for the hardest working Ameri- 4742, Cambridge, MA, 1994. Senator DOMENICI’s amendment al- cans, the ones at the lower rung of the Freeman, Richard. 1994. ‘‘Minimum lows women over 50 who are coming economic ladder. Even if we are able to Wages—Again!’’ International Journal of back into the workplace to make up somehow be successful in winning this Manpower, 15:8–25. the payments they have lost when they tomorrow morning, it is not going to Grenier, Gilles, and Marc Seguin. 1991. left the workplace. The Domenici go to the President. He is going to use ‘‘L’incidence du Salaire Minimum sur le Marche du Travail des Adolescents au Can- amendment is a good amendment. It is every effort he possibly can to defeat a balanced amendment. It provides a ada: Une Reconsideration des Resultats this. Empiriques.’’ L’Actualite Economique, minimum wage increase over a 3-year Earlier this evening, the Senator 67:123–43. period, and it gives help and relief to from Oklahoma, Senator NICKLES, Katz, Lawrence, and Alan B. Krueger. 1992. the small businesses of our country pointed out CBO estimates of a loss of ‘‘The Effect of the Minimum Wage on the that are going to be hit by the min- 100,000 to 500,000 jobs. Those are abso- Fast Food Industry.’’ Industrial and Labor imum wage increase. This will offset it. Relations Review, 46:6–21. lutely identical figures to what they Klerman, Jacob. 1992. ‘‘Study 12: Employ- These are good reliefs. It is relief for said when we raised it in 1996 and 1997. health insurance coverage. It is relief ment Effect of Mandated Health Benefits.’’ They were found to be completely inac- In Health Benefits and the Workforce, U.S. for people who have medical expenses, curate. Department of Labor, Pension, and Welfare who don’t have health care coverage. It I ask unanimous consent to have Benefits Administration. Washington, D.C.: is relief for small business expensing, printed in the RECORD the references to U.S. Government Printing Office. relief for women who are discriminated 27 different studies that have been done Lang, Kevin. 1994. ‘‘The Effect of Minimum against in the pension systems when nationwide, looking at the economic Wage Laws on the Distribution of Employ- ment: Theory and Evidence.’’ Unpublished they leave the workplace to raise their impact of the last increase in the min- children and then cannot continue to paper. Boston University, Department of Ec- imum wage that will indicate posi- onomics. contribute to their retirement systems. tively that there has been an expansion Lester, Richard. 1964. Economics of Labor. It reduces the Federal unemployment of employment. (New York: Macmillian). tax that is a huge burden on small There being no objection, the mate- Machin, Stephen, and Alan Manning. 1994. businesses, and it makes permanent rial was ordered to be printed in the ‘‘The Effects of Minimum Wages on Wage Dispersion and Employment: Evidence from the Work Opportunity Tax Credit, the RECORD, as follows: credit that gives a $2,400 tax credit to the U.K. Wage Councils.’’ Industrial and STUDIES THAT CONCLUDE A MODERATE IN- Labor Relations Review, 47:319–29. people who hire people off welfare. CREASE IN THE MINIMUM WAGE DOES NOT Rosenbaum, Paul. ‘‘Using Quantile Aver- I urge my colleagues to support this COST JOBS ages in Matched Observational Studies.’’ balanced approach, giving help to the Belman, Dale, and Paul Wolfson. 1998. ‘‘The Working Paper. workers, giving help to the small busi- Minimum Wage: The Bark Is Worse Than lll. ‘‘Choice As An Alternative To Con- ness people who may be affected by The Bite.’’ Working Paper. trol in Observational Studies,’’ Working this added expense in their business. It lll and lll. 1997. ‘‘A Time Series Paper. is a fair approach. It is a balanced ap- Analysis of Employment, Wages, and the Siskind, Frederic. 1977. ‘‘Minimum Wage Minimum Wage.’’ Working Paper. Legislation in the United States: Comment.’’ proach. I think it will have the best Economic Inquiry, January: 135–38. chance to keep our economy strong by Bernstein, Jared, and John Schmitt. 1997. ‘‘The Sky Hasn’t Fallen: An Evaluation of Spriggs, William. 1994. ‘‘Changes in the keeping the people in business who are the Minimum-Wage Increase.’’ Economic Federal Minimum Wage: A Test of Wage creating the jobs that keep this econ- Policy Institute Briefing Paper. Norms.’’ Journal of Post-Keynesian Econom- omy going. We want more opportunity lll and lll. 1997. ‘‘Estimating the ics, Winter 1993/94, pp. 221–239. for more workers, and that is what this Employment Impact of the 1996 Minimum Wellington, Allison. 1991. ‘‘Effects of the amendment will do. Wage Increase Using Deere, Murphy, and Minimum Wage on the Employment Status of Youths: An Update.’’ Journal of Human I urge support for the Domenici Welch’s Approach.’’ Economic Policy Insti- tute Working Paper. Resources, 26:27–46. amendment. Wessels, Walter. 1994. ‘‘Restaurants as Burdett, Kenneth, and Dale Mortensen. I yield the floor. Monopsonies: Minimum Wages and Tipped 1989. ‘‘Equilibrium Wage Differentials and The PRESIDING OFFICER. The Sen- Services.’’ Working Paper. North Carolina Employer Size.’’ Discussion Paper, No. 860. State University. ator from Massachusetts. Evanston, IL: Northwestern University Cen- Mr. KENNEDY. Mr. President, how Wolfson, Paul. 1998. ‘‘A Re-Examination of ter for Mathematical Studies in Economics Time Series Evidence of the Effect of the much time do we have remaining? and Management Science. The PRESIDING OFFICER. The Sen- Minimum Wage on Youth Employment and Card, David. 1992. ‘‘Using Regional Vari- Unemployment.’’ Working Paper. ator has 17 minutes. ation in Wages to Measure the Effects of the Zaidi, Albert. 1970. A Study of the Effects Mr. KENNEDY. Mr. President, I yield Federal Minimum Wage.’’ Industrial and of the $1.25 Minimum Wage Under the Can- myself 7 minutes. Labor Relations Review, 46:22–37. ada Labour (Standards) Code. Task Force of lll Mr. President, I think it is probably . 1992. ‘‘Do Minimum Wages Reduce Labour Relations, study no. 16. Ottawa: appropriate the Senate take a moment Employment?’’ A Case Study of California, Privy Council Office. 1987–1989.’’ Industrial and Labor Relations to look at what the majority leader has Review, 46:38–54. Mr. KENNEDY. Mr. President, per- stated about increasing the minimum lll, and Alan Krueger. 1994. ‘‘Minimum haps tomorrow we will be able to take wage. Over the course of the afternoon, Wages and Employment: A Case Study of the the time to talk about what is hap- we have had a number of speakers who Fast-Food Industry in New Jersey and Penn- pening to minimum-wage workers. As I

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28986 CONGRESSIONAL RECORD—SENATE November 8, 1999 mentioned earlier today, minimum- done since 1945 when the proposal was to debate this in the light of day, not wage workers are teachers’ aides, nurs- struck down by the Supreme Court under the time limit. We are forced to ing home aides. Nursing home aides which said they basically, fundamen- take these time limits in order to at have a 94-percent turnover. The prin- tally undermine the Fair Labor Stand- least have a vote on the minimum cipal reason for the turnover is because ards Act. If you take the Republican wage. But this issue is too important they are paid so poorly. They are the proposal on recomputing overtime, ef- to working families to be dismissed people working to try to provide some fectively you are undermining what lightly. I hope, for reasons I have out- care and attention to the elderly. I see many workers would be able to receive lined briefly, the amendment of the our good friend from Connecticut who with an increase in the minimum wage. Senator from New Mexico will not be has been a leader in establishing day There has not been a word of that spo- accepted. care. The turnover that is taking place ken by the proponents of this amend- The Senator from Connecticut de- in the day-care centers is very similar. ment. They tucked this right into their sires time. I know the Senator from It is not quite as high but very dra- particular proposal. Iowa wants time. Mr. President, how matic. These are our children. This is Mr. WELLSTONE. Will the Senator much time remains? our future. This is as a result of failing yield for a question? The PRESIDING OFFICER. The Sen- to provide an adequate increase in the Mr. KENNEDY. I yield for a question. ator has 7 minutes 50 seconds. minimum wage. Mr. WELLSTONE. I am listening to Mr. KENNEDY. I yield 5 minutes to There are two final points I want to this for the first time. This has not the Senator from Connecticut. raise with regard to the Republican been a part of this debate. There are 73 Mr. DODD. Mr. President, I thank my proposal. As has been mentioned ear- million Americans right now who are colleague for yielding this time. I com- lier, the effect of the Republican pro- entitled to overtime pay. Is the Sen- mend him for his leadership on the posal will mean that 3 years from now, ator saying part of the Republican minimum wage issue. There is so much the average minimum-wage worker amendment effectively repeals the to talk about concerning the proposal will have made $1,200 less—$1,200 less— overtime pay provisions of the Fair of the Senator from Massachusetts and than they would have if we had passed Labor Standards Act, which act has the distinguishing features between the Daschle proposal. That is a lot of been in effect for 60 years? This is a that and what is being offered on the money for working Americans. That is cornerstone of fairness for working other side. 5 months of rent, a year of tuition, 6 families in this country. Is that what We are talking about a 50-cent in- months of utilities. This is important the Senator is saying? crease over the next 2 years, as opposed to hard-working Americans, make no Mr. KENNEDY. This Senator is say- to a 35-cent increase in year one and mistake about it. ing there will be an overtime payment, year two and a 30-cent increase in year It might not mean a lot to Members but the overtime payment will be cal- three. But there is an added feature to of the Senate who have just voted culated in a way that will diminish, in the Republican proposal on which some themselves a $4,600 pay increase. We a significant way, the actual overtime may not have focused. While they are are not deferring that pay increase for workers should be entitled to and the suggesting approximately 33 cents a Senators 2 years or 3 years. We are say- way it has been computed for the last year for minimum-wage workers, there ing the minimum wage ought to be 45 years. It is a dramatic change in the is also roughly a $75 billion tax cut, the over a 2-year period. But our Repub- Fair Labor Standards Act. bulk of which goes to the top income lican friends say, no, let’s spread it The Supreme Court has said, as I earners of the country. That is part of over 3 years. We are not doing that said, if that provision had been accept- their minimum wage package. with regard to our pay increase. ed when it was offered in 1945, it effec- It is somewhat ironic that we are I hope when Members go back and tively emasculates the overtime provi- talking about a 30-cent to 35-cent in- talk to their constituents, they are sion of the Fair Labor Standards Act. crease for the lowest paid workers in able to justify why we were worth The overtime words will be there, there the country instead of 50 cents, and we $4,600 more this year while saying no to will be a base pay that they will pay are going to have a $75 billion tax cut, hard-working Americans—they are not overtime on, but not the way they are the bulk of which goes to the top in- worth 50 cents more next year and 50 being paid now. The Republican pro- come earners in the country. cents more the year after. posal will undermine, in a significant By the way, there is no offset for the Finally, I want to mention one very and dramatic way, the way that hourly $75 billion tax cut. We do not know important aspect of the Republican workers are being paid in the United where the money comes from to pay for proposal that has not been addressed. States. that. We heard a lot of speeches in the I yield myself 2 more minutes, Mr. Mr. WELLSTONE. Mr. President, one last couple of weeks about not dipping President. final question for the Senator. If com- into the Social Security trust funds. With this particular chart, we illus- panies are going to now be able to One basic question is, From where does trate what we have been facing over make the payment in bonuses and do the $75 billion come? How are we pay- this past year with regard to the Re- an end run, basically, around the Fair ing for that? I have yet to hear any- publican attack on working families: Labor Standards Act, which is so im- body explain from where it is going to Resisting a pay increase with the min- portant to 73 million Americans who come. I put that out for consideration imum wage; balancing the budget on right now are entitled to that overtime as we talk about these amendments the backs of the working poor. Gov- pay, then am I not correct that what this evening. ernor Bush pointed that out. You do the Republicans are proposing is not a It is extremely important for a lot of not have to hear it from Democrats. step forward, it is a great leap back- people that we increase the minimum We have seen some retreat on that by ward; that this overturns 60 years of wage; 11.4 million people will actually the Republican leadership. Then pro- sweat and tears of workers’ commit- get a pay raise if the minimum wage viding pensions for the wealthiest indi- ment to getting a fair pay for fair increase goes into effect. Some may viduals as they do under this proposal; work, including overtime work? say the economy has been so great, ev- blocking workers’ rights to organize, They give a minimum wage increase eryone is doing so well, why do people the salting bill; and undermining work- with one hand and then they basically at the minimum-wage level need to er safety, providing the waivers of pen- repeal part of the Fair Labor Standards have any increase at all? alties for violations of OSHA; cutting Act with the other hand. People need While the economy has been fabulous workers’ pay. to understand this, I say to the Sen- and unprecedented historically, not ev- You can say, where does that come ator. erybody in America has been the bene- in? Under the Republican proposal, Mr. KENNEDY. The Senator is abso- ficiary of this great prosperity. For a they recalculate how overtime is going lutely correct. It is one of the reasons lot of Americans in the bottom 20 per- to be considered. This has not been why we ought to have an opportunity cent of income earners, things have

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28987 been rather stagnant. This income billion tax cut without paying for it, their employees. These reforms would group has not seen the kind of tremen- will be the choice of the Senate. create new retirement plans which dous increase in their earning power as I yield the floor. would help thousands of workers build have the top 1 percent of households. The PRESIDING OFFICER. The Sen- a secure retirement nest egg. The top 1 percent of households is ex- ator from Iowa. The amendment also contains provi- pected to gain 115 percent in after-tax Mr. GRASSLEY. Mr. President, how sions which promote new opportunities income as compared to an only 8-per- much time remains on this side on the to roll over accounts from an old em- cent gain for the middle fifth of house- minimum wage issue? ployer to a new employer. The lack of holds in America. In contrast, the low- The PRESIDING OFFICER. Thirty- portability among plans is one of the est fifth of households experienced a 9- nine minutes 39 seconds. weak links in our current pension sys- percent decline during the same period, Mr. GRASSLEY. I yield myself such tem. This amendment contains tech- from 1977 through 1999. time as I might consume. nical improvements which will help If you were doing well in America in Mr. President, I rise today in support ease the implementation of portability 1977, then you are doing even better of the pension reform provisions which among the different types of defined today. If you are in the middle in have been included in the minimum contribution plans. America, you have had a slight in- wage and business tax amendment There has been criticism that the crease of about 8 percent. If you are in sponsored by colleague Senator DOMEN- benefits of pension reform legislation the bottom 20 percent, you have actu- ICI. would largely be directed toward the ally seen a decline in your earning Earlier this year I cosponsored with rich. However, to the contrary, evi- power in the last 20 years. Senator Bob GRAHAM of Florida, com- dence suggests that pension benefits While we herald the great success of prehensive pension reform legislation— largely benefit middle class workers. the economy with the lowest unem- S. 741, The Pension Coverage and Port- Over 75 percent of current workers par- ployment rates in years, we need to re- ability Act. Many of the provisions in ticipating in a pension plan have earn- mind ourselves that for a lot of our S. 741 were included in the vetoed Tax- ings of less than $50,000. Among mar- citizens from Maine to California who payer Refund Act of 1999. Now, those ried couples nearly 70 percent of those work every day at the bottom levels of provisions have been included as part receiving a pension had incomes below the economic ladder in this country, it of the Republican minimum wage $50,000. Among widows and widowers, has not been a great period for them. amendment. over 55 percent of pension recipients We talk about 50 cents, $1 over 2 Experts say that, ideally, pension had incomes below $25,000. years. What better way to welcome the benefits should comprise about a third Furthermore, there are provisions in new millennium, than to say to 11.4 of a retired worker’s income. But pen- the amendment specifically designed to million workers in this country: We sion benefits make up only about one- help rank-and-file workers earn mean- recognize your contributions to the fifth of the income in elderly house- ingful benefits. Provisions such as re- success of this country by giving you a holds. Obviously, workers are reaching ducing the vesting period for employer $1 increase over the next 2 years. retirement with too little income from matching contributions in defined con- What does that amount to? How an employer pension. Workers who are tribution plans and eliminating the about 7 months of groceries; 5 months planning for their retirement will need twenty-five percent of compensation of rent for the average minimum-wage more pension income to make up for a limit on combined employer and em- worker; 10 months of utility bills; lower Social Security benefit and to ployee contributions to defined con- about 11⁄2 years of tuition and fees at a support longer life expectancies. While tribution plans. community college. we have seen a small increase in the Finally, let me say there is a prece- Mr. President, $1 over 2 years may number of workers who are expected to dent for including reforms to the em- not seem like a lot, but if you multiply receive a pension in retirement, only ployer provided pension system with an that at a 40-hour workweek, 52 weeks a one half of our workforce is covered by increase in the minimum wage. Three year, that dollar makes a huge dif- a pension plan. years ago we increased the minimum ference to some of the lowest paid There is a tremendous gap in pension wage from $4.25 to $5.15 as part of the workers in America. Again I mention, coverage between small employers and Small Business Job Protection Act of there are 11.4 million workers who will large employers. Eighty-five percent of 1996. Included in that legislation were a directly benefit from the Kennedy pro- the companies with at least 100 work- number of reforms to the employer- posal to increase the minimum wage. ers offer pension coverage. Companies provided pension system. One in par- The PRESIDING OFFICER. The Sen- with less than 100 workers are much ticular, was the creation of the SIM- ator has used his 5 minutes. less likely to offer pension coverage. PLE pension plan—which has expanded Mr. DODD. I ask for 1 additional Only about 50 percent of the companies coverage to thousands of employees of minute. with less than 100 workers offer pen- small businesses who otherwise might Mr. HARKIN. I yield 1 minute. sion coverage. Small employers who not have been able to participate in a Mr. DODD. Seventy percent of the may just be starting out in business pension plan. workers who would benefit are over the are already squeezing every penny to We have an opportunity to improve age of 20; 59 percent are women; 46 per- make ends meet. These employers are the incomes of the lowest paid mem- cent of these people have full-time also people who open up the business in bers of the American labor market, and jobs; 15 percent are African American; the morning, talk to customers, do the to improve retirement security for mil- 18 percent are Hispanic American; and marketing, pay the bills, and just do lions of workers and their families. I 46 percent work in retail. not know how they can take on the ad- support my colleague’s efforts, and en- The great boom that has occurred in ditional duties, responsibilities, and li- courage others to do the same. our economy has been magnificent for abilities of sponsoring a pension plan. Mr. BIDEN. Mr. President, I am those at the upper-income levels. Un- I firmly believe that an increase in pleased to join with my colleagues, fortunately, after-tax income has re- the number of people covered by pen- Senator GRASSLEY and Senator mained relatively flat for those in the sion plans will occur only when small TORRICELLI, in bringing bankruptcy re- middle, and actually declined for those employers have more substantial in- form legislation before the Senate in the bottom 20 percent. centives to establish them. The pension today. This minimum wage increase will provisions contained in the minimum Senator GRASSLEY is the Senate’s ac- make a difference to some of the hard- wage amendment offered by Senator knowledged leader on this issue, in est working people in this country. I DOMENICI would provide more flexi- every sense of the word. He has made hope by tomorrow when this issue bility for small employers, relief from reform of our bankruptcy code his comes for a vote, a proposal to increase burdensome rules and regulations, and cause, and he has stayed the course, the minimum wage, not smuggle a $75 a tax incentive to start new plans for through the last session of Congress

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28988 CONGRESSIONAL RECORD—SENATE November 8, 1999 and again this year, to bring us to to pay on the other—show that you can that everyone deserves access to credit, where we are today. pay, then you must file under Chapter and it is the policy of this country that It is evidence of Senator GRASSLEY’s 13, that requires a period of at least banks must not unfairly restrict cred- commitment that he has reached out partial repayment before you are for- it, despite what they think is the best to the ranking Democrat on his Sub- given your remaining debts. Under way to maximize returns and minimize committee, Senator TORRICELLI, to join such a Chapter 13 plan, you are not re- the risks on their loans. him in that effort. He certainly chose quired to sell off major assets such as Now, I am not here to argue that the the right man for the job. your house or your car. flood of credit card solicitations is part Senator TORRICELLI has worked with If the facts show that you simply of some new social program by the Senator GRASSLEY to bring the kind of don’t have the income to under take a credit card companies. Of course they balance to the bill before us today that Chapter 13 repayment plan, then the are trying to make money. By the way, marked last year’s Senate floor a bill protection of Chapter 7 is still there for it is also evidence of a lot of competi- that was reported out of the Judiciary you. Chapter 7, however, requires that tion in the lending business, as well. Committee by a bipartisan, 14-to-4 you sell off any significant assets, and But when I hear my colleagues argue margin. the proceeds go to your creditors. about ‘‘irresponsible lending,’’ I hear Last year, we brought to the floor a Most Americans would agree that echoes of those earlier debates about bill that passed the Senate 97 to 1—vir- this is fair, and would be surprised to red-lining. tually unanimous agreement that our find that no test of someone’s ability The ‘‘democratization of credit,’’ as bankruptcy code needs reform, as well to pay is required to get the protection some people have called it, has risks, of as consensus that reform must be fair. of Chapter 7. But in fact, as even the course. Some people will not use credit I would like to address both of those strongest opponents of bankruptcy re- responsibly. But the alternative to points today, Mr. President—the need form admit, today pretty much all the widely available credit—passing laws for reform, and the need for that re- assumptions in the bankruptcy code to cut back on credit to the kinds of form to be balanced and equitable. are in favor of the filers, who can vol- people we here in Washington have de- To a large extent, the numbers speak cided just can’t be trusted to use it for themselves—the number of bank- untarily choose a Chapter 7 liquidation or a Chapter 13 repayment plan. wisely—that alternative is far, far, ruptcy filings has exploded in recent worse, in my view. years, reaching a record 1.4 million last The bill we bring to the floor today attempts to restore some balance to Should we do more to make sure that year. That’s on top of double-digit in- consumers are fully informed, and that creases in the number of consumer those assumptions, to require more responsibility on the part of those who lenders disclose the full cost consumers bankruptcy filings for most of this dec- pay for credit? Of course we should, Mr. ade. This record was set in a time of seek the protection of bankruptcy. But some of my colleagues will argue President. During our Committee de- the best economic conditions our coun- liberations on this bill, we considered try has ever seen—the lowest per- during this debate that the source of this problem is not really the operation proposals by Senator SCHUMER that sistent unemployment and inflation, would have imposed requirements for of our bankruptcy laws, but what they the highest sustained growth, wide- more complete disclosure, in billing call ‘‘irresponsible’’ lending. Credi- spread income gains, and a booming and in advertising, by creditors. stock market. tors—especially the aggressive credit Because those issues are under the These are not the conditions that we card companies—are pushing debt onto jurisdiction of the Banking Committee, normally associate with the kind of people, and that is what is driving peo- we made the conscious decision to widespread financial distress that ple into bankruptcy. leave those provisions for an amend- could trigger a wave of bankruptcy fil- Now, I am sure all of us are tired of ment here during the floor debate. ings. those millions—actually billions—of That amendment will be among the This tells me—and a lot of others, as credit card solicitations that come first items of business on this bill. well—that there is something wrong through the mail every year. But I ask Should we do more to make sure con- with the way our consumer bankruptcy my colleagues to reflect for a moment sumers are informed about how to han- code operates today. Simply put, too on what the alternative to widely dle debt, and how to avoid the ultimate many people are finding it too easy too available consumer credit would be. step of bankruptcy? Of course we easy to walk away from their legiti- When I first came to the Senate, we should, Mr. President. The bankruptcy mate obligations by filing for bank- were fighting against lending practices reform bill before us today calls for ruptcy. When that happens, somebody that ‘‘red-lined’’ whole neighborhoods, new initiatives in those areas, as well. else pays the bill. Mr. President, in which banks would We look to the causes of bankruptcy as In the past year, a number different simply decide that some people were part of a comprehensive approach to studies have looked at just how big not worthy of credit, that they were in- reform. that bill can be. These studies have capable of managing their own affairs. But to try to stem the tide of bank- been conducted by all sides in the de- A lot of us in Congress saw that as just ruptcies by making credit harder to bate, including the credit industry and plain wrong, and we worked to change get, Mr. President, is a cure that will the bankruptcy bar. The study con- it. prove to be worse than the disease. ducted by the Department of Justice One of the things we did, in 1977, was I thought one of the most important concluded that American businesses to pass the Community Reinvestment aspects of last years’s Senate debate lose $3.2 billion annually to bank- Act, that requires banks to lend into was how, as we attempt to reduce the ruptcies filed by individuals who have local communities where incomes may number of bankruptcy filings, to still the capacity to repay their debts. be lower or the risks of repayment make sure that we continue to provide The size of the bankruptcy problem— higher than bankers might prefer. the full protection from creditors and both the number of filings and the We just passed an historic overhaul the fresh start that many Americans dead-weight losses to our economy— of our country’s banking laws. The Fi- will continue to require and deserve. was the foundation for last year’s over- nancial Services Modernization Act For many of my colleagues, particu- whelming Senate support for reform. took many years of hard work to com- larly on my side of the aisle, that has The principle behind the reforms we plete. Among the most contentious been the real focus of the debate over bring to the floor today is simple, Mr. issues was the treatment of the Com- bankruptcy reform, and it should be. President—if you file for the protection munity Reinvestment Act. I know that many of my colleagues of bankruptcy, one basic question will In fact, President Clinton threatened are concerned that the means test in be asked: do you have the ability to a veto of that bill if the principles of this bill, that determines a bankruptcy pay some of your bills, or not? the Community Reinvestment Act filer’s ability to pay, will be unfair to If the facts—looking at your income were not protected in the final deal. those who really need the full protec- on the one hand, and the bills you have Those principles boil down to the idea tion from creditors and the fresh start

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28989 that Chapter 7 has historically pro- portant to preserve access to bank- Chapter 7 for those who truly need its vided. In fact, however, the means test ruptcy relief. No one disputes that protection and the fresh start it would is intended to ensure that a repayment there should be an opportunity to seek provide. This is a reasonable and bal- plan—under Chapter 13—will be re- relief and a fresh start when someone anced approach. quired only of those individuals who is struck by terrible circumstances be- Remember, when people run up debts actually have the documented ability yond his or her control—for example, they have no intention of paying, they to continue to pay some of their legal when families are torn apart by divorce shift a greater financial burden onto obligations. or ill health. I suspect that creditors honest, hard-working families in Amer- A range of studies from all sides in would be more than willing to work ica. Estimates are that bankruptcy this debate has found that only 3 to 15 with someone when such tragedy costs every American family more than per cent of filers under the current sys- strikes to help him or her through $400 a year. Treasury Secretary Law- tem would be steered from the com- tough times. rence Summers acknowledged as much plete protection of Chapter 7 into But there is a good deal of evidence during a recent hearing before the Fi- Chapter 13, where they will be required that too many people who file for relief nance Committee. When asked whether to continue payments on—and, I have under Chapter 7 actually have the abil- debt discharged in bankruptcy results to stress, retain possession of—their ity to pay back some, or even all, of in higher prices for goods and services credit purchases. The means test is de- what they owe. Inappropriate use of as businesses have to offset losses, here signed to make sure that these new re- Chapter 7, or straight bankruptcy, im- is what he said: sponsibilities will be required only of poses higher costs on the vast majority Certainly there is a strong tendency in those who have the resources to meet of consumers who make good on their that direction, and also towards higher in- them. obligations. The Justice Department terest rates for other borrowers who are The managers’ amendment that we estimates these costs at about $3.2 bil- going to pay back their debt. will bring to the floor will provide ad- lion annually. This phenomenon of So when we hear opponents of the ditional refinements and safeguards to bankruptcy for the sake of conven- bill talk of their concern for con- make sure the means test achieves ience—bankruptcy as a financial plan- sumers, let us remember the cost that that goal. ning tool—is what led to the drafting the abuse of bankruptcy law imposes Another major concern that has been of the bill before us today. on the vast majority of consumers who expressed by my colleagues is that The Bankruptcy Reform Act, S. 625, responsibly abide by their obligations bankruptcy reform will unfairly affect is the product of a number of hearings, and pay back their debts. What we women and children, who may depend and months and months of delibera- have here is really the most pro-con- on family support payments—alimony, tions. This bill has been in the legisla- sumer bill we will consider this year. child support—that are all too often tive process for several years now. It I want to share with Senators a very part of the picture in the financial and enjoys broad bipartisan support, hav- good editorial that appeared in the personal distress that can lead to banking been approved overwhelmingly by Tribune on May 24, 1999. I ask unani- ruptcy. I want my colleagues to know the Senate Judiciary Committee on a mous consent that the editorial be just how much we have done to protect vote of 14 to 4. In fact, similar bipar- printed in the RECORD at this point. family support payments—to protect tisan legislation in the House of Rep- There being no objection, the edi- them much more than current law. resentatives passed on May 5, by a lop- torial was ordered to be printed in the This bill will give alimony and child RECORD, as follows: support payments the highest possible sided vote of 313 to 108—an even greater PICKING UP THE TAB priority—over credit card companies, margin than last year. The bill would establish a presump- It’s quite possible you receive several so- over department stores, over all other licitations a month for carpet-cleaning. But creditors—when the line forms to col- tion that a chapter 7 bankruptcy filing—what is generally known as if you do, it’s unlikely you have someone lect payments from someone who is in clean your carpets that often. You know bankruptcy. This bill also requires that straight bankruptcy—should be dis- when to say no. all alimony and child support must be missed or should be converted to Chap- It’s also likely that you receive several paid in full before the final discharge of ter 13 if, after taking into account se- credit card solicitations every month. But debts at the end of bankruptcy. These cured debts and priority debts like that doesn’t mean you sign up for every card are just two of the significant improve- child support and living expenses, the and then run out and charge the limit. debtor could repay 25 percent or more Or does it? ments in the treatment of alimony and Consumer advocates seem to be of the child support in this bill, and there are of his or her general unsecured debt, or opinion that Americans are all but helpless others. $15,000, over a five-year period. The when credit card companies sing their siren The reform of our bankruptcy code is debtor could rebut the presumption by song. That they are powerless to say no when a complicated issue, and in the coming demonstrating special circumstances the offers come in the mail or over the days we will be debating a lot of the to show that he or she does not have a phone. And that when they get into financial thousands of important details that are meaningful ability to repay his or her trouble because of credit card debt, it’s not involved. But if we keep our eye on the debts. really their fault. I suspect that most Americans would That scenario is being played out more and big picture—fundamental principles of more often these days, and soaring bank- fairness, responsibility, and effective- be surprised to find that this is not al- ruptcy figures prove it. In 1980, three out of ness—I am convinced that this bill will ready the norm. At the moment, bank- every 1,000 Arizona households sought pro- enjoy overwhelming bipartisan support ruptcy judges do not necessarily con- tection under bankruptcy laws. In the sup- on final passage. sider whether a debtor has a demon- posedly booming year of 1998, that number Mr. KYL. Mr. President, the Admin- strable capacity to repay his or her had jumped to 14. istrative Office of the U.S. Courts re- debts before granting Chapter 7 relief. Credit card debt is often a major factor. Studies suggest that this means test When people wiggle out of paying their leased a report in August that included debts, of course, someone else is left holding some good news and some bad. On the we propose here would force between the bag—either their creditors, or the credi- one hand, the report indicated that three percent and 15 percent of debtors tors’ other customers, who have to fork over bankruptcy filings for the 12-month pe- to pay more to creditors. This rep- higher interest rates and fees to cover the riod ending June 30, 1999 were down, al- resents a relatively small number of loss. beit slightly—about 0.3 percent. On the debtors, but they are the ones who Often bankruptcy is unavoidable. Loss of other hand, it noted that the number of have the means to repay, and fairness income, health problems and other calami- petitions filed still represented a 62.2 dictates that they do so. ties can quickly plunge even affluent families into hot water. percent increase over the same period In short, the bill would steer individ- But often it is avoidable, and personal irre- ending in 1995. uals with the ability to repay some or sponsibility plays a part. Extraordinary circumstances can all of their debts into Chapter 13 repay- That’s why Congress is considering legisla- strike anyone, which is why it is im- ment plans, while preserving access to tion to tighten up bankruptcy laws so that

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28990 CONGRESSIONAL RECORD—SENATE November 8, 1999 people would be held more accountable for Chapter 13 by embezzlers, felons, and tax one borrows money to pay a debt that debts they incur. More people would be re- dodgers. cannot be erased in bankruptcy, that quired to file under Chapter 13, which man- Judith Starr, the Assistant Chief of new debt could not be erased either. dates repayment of certain debts, and fewer the Litigation Counsel Division of En- The idea is to prevent individuals from would be allowed to use Chapter 7, which is much easier on borrowers. forcement of the Securities and Ex- gaming the system and obtaining a dis- The House already has passed the legisla- change Commission, testified before charge of debt that would otherwise be tion, with all six of Arizona’s lawmakers vot- the House Judiciary Committee on non-dischargeable. ing for it. March 18, 1998. Speaking about the I want to emphasize that we have Banks and credit card companies love the fraud issue, she said: taken special care to ensure that debts bill, of course. And some see a connection be- We believe that, in enacting the Bank- incurred to pay non-dischargeable tween big-business campaign contributions ruptcy Code, Congress never intended to ex- and the supposedly anti-consumer legisla- debts will not compete with non-dis- tend the privilege of the ‘‘fresh start’’ to chargeable child- or family-support in tion. those who lie, cheat, and steal from the pub- But the bill, in truth, is not anti-consumer. a post-bankruptcy environment. lic. At least it’s not anti- the consumers who do The third amendment of mine is re- She goes on to say: pay their debts and who, because of higher flected in Section 310 of the bill, and it interest rates, have to cover the tab for A fair consumer bankruptcy system should is intended to discourage people from those who don’t. help honest but unfortunate debtors get Nor does it wash to blame the companies their financial affairs back in order by pro- running up large debts on the eve of for luring people into debt because of the in- viding benefits and protections that will help bankruptcy, particularly when they cessant barrage of credit card solicitations. the honest to the exclusion of the dishonest, have no ability or intention of making Yes, there are a lot of them. It’s called ad- and not vice versa. It is an anomaly of the good on their obligations. vertising. In a capitalist, market economy, current system that bankruptcy is often Current law effectively gives unscru- that’s how companies make their products more attractive to persons who commit pulous debtors a green light to run up available. It can be annoying, but it’s not fraud than to their innocent victims. Bank- their credit cards just before filing for wrong. ruptcy should not be a refuge for those who As with any product (beer, cigarettes, car- have committed intentional wrongs, nor bankruptcy, knowing they will never pet-cleaning), it falls on the individual con- should it encourage gamesmanship by failing be liable for the charges they are incur- sumer to make responsible choices. to provide real consequences for abuse of its ring. That is wrong, and it has got to Those who don’t should not expect the rest protections. stop. of us to clean up for the financial messes The provision would establish a pre- they themselves create. And she concludes: We support [the provision of the House sumption that consumer debt run up on Mr. KYL. I want to stop at this point bill] which makes fraud debts nondischarge- the eve of bankruptcy is non-discharge- and single out a few provisions of the able in Chapter 13 cases. Inducements to file able. The provision is not self-exe- bill for comment. These are provisions under Chapter 13 rather than Chapter 7 cuting. In other words, it would still that I believe illustrate the defi- should be aimed at honest debtors, not at require that a lawsuit be brought by ciencies in current law—provisions those who have committed fraud. the creditor against the debtor so that that demonstrate why this legislation A final quotation: The Honorable a bankruptcy judge could consider the represents common sense reform of the Heidi Heitkamp, the Attorney General circumstances and assess the claim. bankruptcy system. of North Dakota, testified to the fol- But if this provision achieves the in- The first provision appears in Section lowing before the House Committee tended purpose, debtors will not only 314 of the bill and provides that debts last year: minimize the run-up of additional debt, that are fraudulently incurred could no When a true ‘‘bad actor’’ is in the picture— they will have more money available longer be discharged in Chapter 13—the a scam artist, a fraudulent telemarketer, a after bankruptcy to pay priority obli- same as in Chapter 7. Again, I think polluter who stubbornly refuses to clean up gations, including alimony and child most Americans would be surprised to the mess he has created there is a real poten- support. find out that this is not already the tial for bankruptcy to become a serious im- pediment to protecting our citizenry. Again, special care has been taken to law. ensure that we are only talking about Currently, at the conclusion of a Furthermore, she says: consumer debts incurred within 90 days Chapter 13 plan, a debtor is eligible for We must all be concerned because bank- of bankruptcy for goods or services a broader discharge than is available in ruptcy is, in many ways, a challenge to the that are not necessary for the mainte- Chapter 7, and this superdischarge can normal structure of a civilized society. The nance or support of the debtor or de- result in several types of debts, includ- economy functions based on the assumption pendent child. We want to be sure that ing those for fraud and intentional that debts will be paid, that laws will be obeyed, that order to incur costs to comply family obligations are met. torts, being discharged whereas they with statutory obligations will be complied could not be discharged in Chapter 7. I will discuss one other aspect of the with, and that monetary penalties for failure bill before closing, and that relates to The language of the bill tracks an to comply will apply and will ‘‘sting.’’ If the many provisions that Senators amendment I offered last year, and those norms can be ignored with impunity, would simply add fraudulent debts to and with little or no future consequences for HATCH, GRASSLEY, and I crafted last the list of debts that are nondischarge- the debtor, this bodes poorly for the ability year—and which have been improved able under Chapter 13. It is as simple as of society to continue to enforce those re- on in this year’s bill—to protect the in- that. quirements. terests of women and children. Here is what the Deputy Associate Mr. President, I hope there will be no Nothing in the earlier versions of the Attorney General, Francis M. Allegra, dissent to these anti-fraud provisions. bill reduced the priority of, or any of said about the dichargeability of fraud- Certainly, there should not be. Bank- the protections that are accorded to, ulent debts in a letter dated June 19, ruptcy relief should be available to child-support and alimony under cur- 1997: people who work hard and play by rent law. Nevertheless, concerns were We are unconvinced that providing a (fresh rules, yet fall unexpectedly upon hard expressed that provisions of the legisla- start) under Chapter 13 superdischarge to times. Perpetrators of fraud should not tion might indirectly or even inadvert- those who commit fraud or whose debts re- be allowed to find safe haven in the ently affect ex-spouses and children of sult from other forms of misconduct is desir- bankruptcy code. divorce. Assuming that critics were op- able as a policy matter. The second amendment I offered, erating in good faith—and because our Here is what Judge Edith Jones of which was included in last year’s bill, intent was always to ensure that fam- Fifth Circuit Court of Appeals said in a and which is again in this year’s bill, is ily obligations were met first—Sen- dissenting opinion to the report of the also found in Section 314. It says that ators HATCH, GRASSLEY, and I crafted Bankruptcy Review Commission: debts that are incurred to pay non-dis- an amendment last year to remove any The superdischarge satisfies no justifiable chargeable debts are themselves non- doubt whatsoever about whether social policy and only encourages the use of dischargeable. In other words, if some- women and children come first.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28991 As now written, the bill elevates the The PRESIDING OFFICER. There is standards (excluding the national standards) priority of child-support from its cur- a time limit. The minority had 1 issued by the Internal Revenue Service for rent number seven on the priority list minute 20 seconds. the area in which the debtor resides, as in ef- for purposes of payment to number Mr. HARKIN. Further parliamentary fect on the date of the entry of the order for relief, for the debtor, the dependents of the one. Our amendment mandates that all inquiry. debtor, and the spouse of the debtor in a child support and alimony be paid be- Once that time is exhausted, what joint case, if the spouse is not otherwise a fore all other obligations in a Chapter business will transpire, then, on the dependent. 13 plan. It conditions both confirma- floor of the Senate? ‘‘(II) In the case of a debtor who owns the tion and discharge of a Chapter 13 plan The PRESIDING OFFICER. Further debtor’s primary residence, the debtor’s upon complete payment of all child amendments to the bill can be called monthly expenses shall include reasonably support and alimony that is due before up by unanimous consent. necessary costs of maintaining such primary Mr. HARKIN. Mr. President, I yield residence not included in subclause (I) of this and after the bankruptcy petition is clause or clause (iii), including the reason- filed. It helps women and children myself the—what is it?—1 minute 20 ably necessary costs of utilities, mainte- reach exempt property and collect sup- seconds and ask unanimous consent nance and repair, homeowners insurance, port payments notwithstanding con- that I be permitted to speak for an ad- and property taxes, until such time as the trary federal or state law. And it ex- ditional 9 minutes, and it not be taken Director of the Executive Office for the tends the protection accorded an ex- off the majority’s time. United States Trustees issues standards spouse by making almost all obliga- Mr. SCHUMER. Reserving the right under section 586(f) of title 28. tions one ex-spouse owes to the other to object, and I will not object, but I On page 14, after the matter between lines have just worked out a unanimous con- 18 and 19, insert the following: non-dischargeable. (d) STANDARDS FOR ASSESSING CERTAIN EX- Many of us have heard the argument sent request with the Senator from PENSES.—Section 586 of title 28, United by opponents of this bill that women Iowa about laying down some amend- States Code, is amended by adding at the end and children will be forced to compete ments on the bill. Might I do that now? the following: with credit-card companies to collect Mr. HARKIN. How much time does ‘‘(f)(1) Not later than 1 year after the date resources from debtors, particularly the Senator intend to take in laying of enactment of this subsection, the Director once they emerge from bankruptcy. down the amendments? of the Executive Office for the United States Mr. SCHUMER. About 15 seconds for Trustees, in consultation with the Secretary The provisions I just described answer of the Treasury, shall issue standards, spe- that concern. Moreover, I think it is me to ask unanimous consent to offer cific and appropriate to bankruptcy, for as- important to point out that the post- them and then lay them aside. sessing the monthly expenses of the debtor discharge debtor generally does not Mr. HARKIN. I yield my right to the under section 707(b)(2) of title 11, for— have the option to pay a credit-card floor, Mr. President, for the unanimous ‘‘(A) the categories of expenses included company before his or her former consent that the Senator from New under the national standards issued by the spouse anyway. More and more child York be allowed to lay down his Internal Revenue Service; and support is withheld from wages by the amendments. And at the expiration of ‘‘(B) the categories of expenses related to that time, I ask unanimous consent maintaining a primary residence not in- state. In other words, child support ob- cluded in clause (ii)(I) or (iii) of section ligations are paid before the non-custo- that I be recognized again for the 707(b)(2)(A) of title 11, including expenses for dial parent or former spouse ever re- minute 20 seconds, plus 9 additional utilities, maintenance and repair, home- ceives his or her paycheck. If with- minutes. owners insurance, and property taxes, for a holding is not in place when the bank- The PRESIDING OFFICER. Without debtor who owns the debtor’s primary resi- ruptcy is filed, it can be put in place objection, it is so ordered. dence. quickly under other provisions of the AMENDMENTS NOS. 2759, 2762, 2763, 2764, AND 2765, ‘‘(2) In issuing standards under paragraph EN BLOC (1), the Director shall— pending bill. ‘‘(A) establish set expense amounts at lev- If any of these provisions can be im- Mr. SCHUMER. Mr. President, I ask els that afford debtors adequate and not ex- proved on further, I know that Sen- unanimous consent to offer my amend- cessive means to provide for basic living ex- ators HATCH and GRASSLEY, and myself ments Nos. 2759, 2762, 2763, 2764, and penses for the categories of expenses de- would be more than willing to modify 2765 to the bankruptcy bill. I have a scribed in paragraph (1); and them. My concern is that we do not few others, but we need to work those ‘‘(B) ensure that such set expense amounts allow concern for women and children out with the Banking Committee. account for, at a minimum, regional vari- to become an excuse for opposing the The PRESIDING OFFICER. Without ations in the cost of living and for variations objection, it is so ordered. in family size.’’. broader bill and letting other debtors On page 169, line 11, strike ‘‘(f)’’ and insert off the hook for debts they are able to The clerk will report. ‘‘(g)’’. repay. That would only hurt women The assistant legislative clerk read On page 169, line 13, strike ‘‘(f)’’ and insert and children in need by forcing them to as follows: ‘‘(g)’’. bear the higher costs associated with The Senator from New York [Mr. SCHUMER] On page 172, line 7, strike ‘‘(f)’’ and insert such bankruptcy abuse. proposes, en bloc, the amendments numbered ‘‘(g)’’. 2759, 2762, 2763, 2764, and 2765. On page 172, line 13, strike ‘‘(f)’’ and insert Mr. President, this is a good bill—a ‘‘(g)’’. bill that protects debtors who truly The amendments, en bloc, are as fol- need relief, while also protecting the lows: AMENDMENT NO. 2762 interests of consumers who meet their AMENDMENT NO. 2759 (Purpose: To modify the means test relating obligations to creditors by repaying (Purpose: To make amendments with respect to safe harbor provisions) their debts. It protects the interests of to national standards and homeowner On page 9, insert between lines 17 and 18 women and children through a series of home maintenance costs) the following: new provisions. I hope my colleagues On page 7, line 15, strike ‘‘(ii) The debt- ‘‘(ii) A debtor against whom a judge, will join me in voting for this fair and or’s’’ and insert the following: United States trustee, panel trustee, bank- balanced piece of legislation. ‘‘(ii)(I) Subject to subclause (II), the debt- ruptcy administrator, or other party in in- or’s’’. terest may not, for the reason specified in I yield the floor. On page 7, line 21, strike the period and in- subparagraph (D), bring a motion alleging Mr. HARKIN addressed the Chair. sert the following: ‘‘, until such time as the abuse of this chapter based upon the pre- The PRESIDING OFFICER. The Sen- Director of the Executive Office for the sumption established by this paragraph, ator from Iowa. United States Trustees issues standards shall not be required to include calculations Mr. HARKIN. Mr. President, par- under section 586(f) of title 28, at which time that determine whether a presumption arises the debtor’s monthly expenses shall be the liamentary inquiry. under this paragraph as part of the schedule applicable monthly expenses under standards of current income and expenditures required First of all, under what order are we issued by the Director under section 586(f) of under section 521. operating? Is there a time limit on re- title 28, and the applicable monthly (exclud- On page 9, line 18, strike ‘‘(ii)’’ and insert marks? ing payments for debts) expenses under ‘‘(iii)’’.

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On page 9, insert between lines 21 and 22 ‘‘(20) that results from any judgment, AMENDMENT NO. 2765 the following: order, consent order, or decree entered in (Purpose: To include certain dislocated ‘‘(D)(i) No judge, United States trustee, any Federal or State court, or contained in workers’ expenses in the debtor’s monthly panel trustee, bankruptcy administrator, or any settlement agreement entered into by expenses) other party in interest shall bring a motion the debtor, including any damages, fine, pen- On page 7, line 15, strike ‘‘(ii)’’ and insert alleging abuse of this chapter based upon the alty, citation, or attorney fee or cost owed ‘‘(ii)(I)’’. presumption established by this paragraph, by the debtor, arising from— On page 7, between lines 21 and 22, insert if the debtor and the debtor’s spouse com- ‘‘(A) an actual or potential action under the following: bined, as of the date of the order for relief, section 248 of title 18; ‘‘(II) In addition, the debtor’s monthly ex- have current monthly total income equal to ‘‘(B) an actual or potential action under penses shall include the reasonably nec- or less than the national or applicable State any Federal, State, or local law, the purpose essary monthly expenses incurred by a debt- median household monthly income cal- of which is to protect— or who is eligible to receive or is receiving culated (subject to clause (ii)) on a semi- ‘‘(i) access to a health care facility, includ- payments under State unemployment insur- annual basis for a household of equal size. ing a facility providing reproductive health ance laws, the Federal dislocated workers as- ‘‘(ii) For a household of more than 4 indi- services, as defined in section 248(e) of title sistance programs under title III of the Job viduals, the national or applicable State me- 18 (referred to in this paragraph as a ‘health Training Partnership Act (29 U.S.C. 1501 et dian household monthly income shall be that care facility’); or seq.) or the successor Workforce Investment of a household of 4 individuals, plus $583 for ‘‘(ii) the provision of health services, in- Act of 1998 (20 U.S.C. 9201 et seq.), the trade each additional member of that household. cluding reproductive health services (re- adjustment assistance programs provided for On page 11, line 9, strike ‘‘(A)’’ and insert ferred to in this paragraph as ‘health serv- under title II of the Trade Act of 1974 (19 ‘‘(A)(i) except as provided under clause (ii),’’. ices’); U.S.C. 2251 et seq.), or State assistance pro- On page 11, insert between lines 14 and 15 ‘‘(C) an actual or potential action alleging grams for displaced or dislocated workers the following: the violation of any Federal, State, or local and incurred for the purpose of obtaining and ‘‘(ii) with respect to an individual debtor statutory or common law, including chapter maintaining employment. under this chapter against whom a judge, 96 of title 18 and the Federal civil rights laws Mr. SCHUMER. I ask unanimous con- United States trustee, panel trustee, bank- (including sections 1977 through 1980 of the ruptcy administrator, or other party in in- Revised Statutes) that results from the debt- sent that the amendments be laid terest may not, for the reason specified in or’s actual, attempted, or alleged— aside. section 707(b)(2)(D), bring a motion alleging ‘‘(i) harassment of, intimidation of, inter- The PRESIDING OFFICER. Without abuse of this chapter based upon the preference with, obstruction of, injury to, objection, it is so ordered. sumption established by section 707(b)(2), the threat to, or violence against any person— Mr. SCHUMER. I yield the floor to United States trustee or bankruptcy admin- ‘‘(I) because that person provides or has the Senator from Iowa. istrator shall not be required to file with the provided health services; AMENDMENT NO. 2751 court a statement as to whether the debtor’s ‘‘(II) because that person is or has been ob- Mr. HARKIN. Mr. President. When I case would be presumed to be an abuse under taining health services; or think of who the minimum wage in- section 707(b)(2); and ‘‘(III) to deter that person, any other per- crease would benefit and why it is On page 11, line 19, strike ‘‘receiving’’ and son, or a class of persons from obtaining or insert ‘‘filing’’. providing health services; or needed—I don’t think of the teenager On page 11, line 20, strike ‘‘filed’’. ‘‘(ii) damage or destruction of property of popping corn at the movie theater. On page 14, strike lines 8 through 14 and in- a health care facility; or I think of the single mother of two, a sert the following: ‘‘(D) an actual or alleged violation of a full-time cashier at the local grocery ‘‘(5)(A) Only the judge, United States court order or injunction that protects ac- store, struggling to put dinner on the trustee, bankruptcy administrator, or panel cess to a health care facility or the provision table and clothe her kids. She’s off wel- trustee may bring a motion under section of health services.’’. fare, but still living far below the pov- 707(b), if the current monthly income of the debtor and the debtor’s spouse combined, as erty level. Right now, the minimum of the date of the order for relief, when mul- AMENDMENT NO. 2764 wage pays her less than $11,000 a year, tiplied by 12, is equal to or less than— working 40 hours a week. (Purpose: To provide for greater accuracy in ‘‘(i) the national or applicable State me- If we really want to help parent suc- certain means testing) dian household income last reported by the ceed on their own, they need a fair Bureau of the Census for a household of On page 7, line 9, after ‘‘reduced by’’ insert wage. Senator KENNEDY’S amendment equal size, whichever is greater; or ‘‘estimated administrative expenses and rea- would help us get there. ‘‘(ii) in the case of a household of 1 person, sonable attorneys’ fees, and’’. Today we have the opportunity to as- the national or applicable State median On page 7, strike line 24 through page 8, sure that 11.8 million American work- household income last reported by the Bu- line 3, and insert the following: ers are provided with a much needed reau of the Census for 1 earner, whichever is ‘‘(I) the sum of— and much deserved raise. Two-thirds of greater. ‘‘(aa) the total of all amounts scheduled as ‘‘(B) Notwithstanding subparagraph (A), minimum wage workers are adults. contractually due to secured creditors in Nearly sixty percent are women. More the national or applicable State median each month of the 60 months following the than 1⁄3 are the sole breadwinners, like household income for a household of more date of the petition; and than 4 individuals shall be the national or ‘‘(bb) any additional payments to secured the woman I spoke of. applicable State median household income creditors necessary for the debtor, in filing a Mr. President, it is a sad fact that in last reported by the Bureau of the Census for plan under chapter 13 of this title, to main- today’s booming economy and sky- a household of 4 individuals, whichever is tain possession of the debtor’s property that rocketing executive pay, minimum greater, plus $6,996 for each additional mem- serves as collateral for secured debts; divided wage workers earn 19 percent less, ad- ber of that household.’’. by justed for inflation, than minimum ‘‘(II) 60. AMENDMENT NO. 2763 wage workers earned 20 years ago. The On page 9, line 6, after ‘‘reduced by’’ insert (Purpose: To ensure that debts incurred as a proposed increased would restore the ‘‘estimated administrative expenses and rea- result of clinic violence are nondischarge- wage floor to just above its 1983 level— sonable attorneys’ fees, and’’. able) which is a positive step despite the fact On page 124, between lines 14 and 15, insert On page 10, strike lines 12 and 13 and insert that it would still be 13 percent below the following: the following: its 1979 peak. (1) in section 101— SEC. 322. NONDISCHARGEABILITY OF DEBTS IN- I believe that these workers are cen- CURRED THROUGH THE COMMIS- (A) by inserting after paragraph (10) the tral to the U.S. economy and that they SION OF VIOLENCE AT CLINICS. following: should benefit from the recent surge in Section 523(a) of title 11, United States On page 11, insert between lines 2 and 3 the economic growth—not be left behind. Code, as amended by section 224 of this Act, following: But, I keep hearing the same tired is amended— (B) by inserting after paragraph (17) the argument echo in this chamber—that (1) in paragraph (18), by striking ‘‘or’’ at following: the end; ‘‘(17A) ‘estimated administrative expenses raising the minimum wage would cause (2) in paragraph (19)(B), by striking the pe- and reasonable attorneys’ fees’ means 10 per- widespread job loss. Critics need to find riod and inserting ‘‘; or’’; and cent of projected payments under a chapter another argument—because they’re (3) by adding at the end the following: 13 plan;’’ and wrong on this one—always have been.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28993 Let’s look at what happened last loopholes that allow some large compa- pay the Alternative Minimum tax. And time: The Economic Policy Institute nies to escape paying their fair share of it provides for a 10 year carryback for reported that in September 1996, one taxes by creating artificial accounting farmers that I have been advocating. month before the minimum wage in- gimmicks that have no purpose what- This would I believe it would be impor- creased from $4.25 to $4.75, the national soever except shifting the burden of tant to have the carryback provision unemployment rate was 5.2 percent. In taxes from a company to average tax- take effect for loses that occurred in December 1997, two months after the payers or the public debt. both 1998 and 1999. second annual increase boosted the I am very pleased that this amend- On the other hand, the Republican minimum wage to $5.15, the national ment includes the text of S. 1300, the tax amendment has a net cost of over unemployment rate was 4.2 percent—a Older Workers Protection Act, which I $75 billion over the coming decade that full point lower. More telling, retail have sponsored. Across America, work- is not offset by closing tax loop holes trade jobs which disproportionately ers have worked for companies antici- or by other means. That means that employ low wage workers, grew as fast pating the secure retirement which is the Republican proposal will have the as jobs overall. their due and expectation under their likely effect of cutting into the funds A recent Business Week editorial company’s pension plan. Now, as more we need to protect Social Security and backed that up saying— Americans than ever before in history to preserve and improve Medicare. In a fast-growth, low-inflation economy, approach retirement, some employers That is a real problem under current higher minimum wages raise income, not un- are trying to cut their pension bene- projections of government revenues employment. fits. and costs. But it is even worse if we The workers who this amendment Under current law, a company cannot end up with a serious downturn in our would target are central to the econ- take away pension benefits that have economy. Some claim that the reason omy—and they should benefit from the already been earned. But, in a slight of for these tax provisions is a desire to incredible growth of our economy. hand, when some companies change mitigate the costs of the minimum I know that there are proposals for a their pension plan making it less gen- wage increase on small employers. But, more gradual increase in the minimum erous, they quietly, simply do not pay the burden on Social Security and wage—3 years instead of 2. This would anything into an employee’s account, Medicare is three times the effect of cut the income of a full-time, year- often for 5 years or more till the em- the estimated effect of the version of around worker roughly $1,500 over ployee’s pension is ‘‘worn away’’ to the the minimum wage provisions in the three years compared with the current lower value of the new plan. This wear Majority package. proposal. The minimum wage has al- away is, I believe illegal under current Many of the provisions are worthy of ready lost a lot of ground with infla- age discrimination law. It certainly is support, many are also in the Demo- tion. The three-year proposal would a violation of the spirit of the law. This cratic proposal where they are paid for. only hinder this effort to catch up. provision would clear, real protections It also contains some provisions that I There is another critical piece of for many thousands of workers who are support but which were not included in Senator KENNEDY’s amendment—stop- having their pensions slashed without the Democratic proposal because of its ping the abuse of workers on U.S. land. their knowledge. This measure elimi- cost. These include the tax benefits for It would apply the U.S. minimum wage nates wear away. It provides a com- health insurance and long term care. to the Commonwealth of the Northern pany must pay into an employee’s pen- On the other hand, this proposal un- Mariana Islands—the CNMI, also sion account under a new pension plan fairly benefits the wealthy. For exam- known as Saipan. The local govern- without regard to higher accrued bene- ple, there is a $396 million cost to the ment’s current minimum wage there is fits that might have been earned prior government over 10 years to allow a $3.10 an hour. This amendment would to plan change. person to increase the amount of go a long way toward relieving some of The amendment also provides for nu- money that can be received from a de- the egregious abuse and exploitation of merous provisions that help smaller fined benefit plan from $130,000 to temporary foreign workers brought to businesses and their owners that I sup- $160,000 per year. Every penny of this the U.S. territory to work at the gar- port. These include: cost benefits those at the top of the in- ment factories—most of which are 100 percent deductibility for self-em- come scale, not one of whom is making owned by foreign interests. ployed health insurance staring on less than 10 times the minimum wage The bottom line is this: All of Amer- January 1, that I have been working for just from one retirement benefit! ica deserves a raise—that includes many years, Unfortunately, there are a large those living and working in Saipan— A tax credit for the start up costs of number of provisions in the GOP plan and the 143,000 Iowans who would ben- a small company pension plan includ- that reduce the incentive for small efit from the raise. ing a 50 percent credit for the match businesses to set up a good pension Profits and productivity are way up. that a small employer puts into a em- plan for their workers. The tax code There is room to give workers a wage ployee’s account during the first 5 provides about $130 billion a year in tax they deserve without hurting economic years. This could really make a dif- benefits to promote pensions. The pur- growth. The rest of the economy ference; giving employers real incen- pose of that considerable public invest- shouldn’t be doing better than the peo- tives to setting up quality pension ment is to provide incentives for people ple who make it run. plans so crucial to workers retirement, to invest in pensions and for companies So I urge my colleagues to support a a 25 percent tax credit for an employ- to fund pension plans for all of their raise in the minimum wage. It is the er’s cost in setting up a day care cen- workers, not just owners and key em- right thing to do for women, for Amer- ter, Expanding the amount a small ployees. Many small employers are ica’s families, and it is long overdue. business can expanse to 25,000, Exten- pushed by the law’s limits on what The Kennedy amendment also in- sion of the Work Opportunity Tax they can put into their own pension ac- cludes a number of very important tax Credit and the related to Work Tax counts without providing benefits to provisions that I strongly support. One Credit, Expanding the Low Income all employees to provide decent pen- of the most important points about the Housing Tax Credit. But, I would have sion plans for their workers. The ma- tax provisions is that the new tax bene- liked to see a far faster increase in the jority amendment reduces those re- fits are fully paid for. The cost of these increase in this program than the straints and will likely result in far benefits are offset both for the coming amendment provided. The measure fewer employees getting pensions. That year and for the coming ten years so contains a number of benefits of par- is bad public policy. we do not eat into the funds we need to ticular interest to farmers that I Lastly, the majority amendment in- pay for Social Security and needed im- strongly support including a provision cludes provisions that provides signifi- provements in Medicare as the baby that prevents the use of income aver- cant special interest loopholes in the boomers start retiring. It closes tax aging pushing a farmer into having to tax code. There is a provision regarding

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28994 CONGRESSIONAL RECORD—SENATE November 8, 1999 ESOPs: employee stock ownership wage workers. A look at who a minimum Opponents say there’s still a good reason plans. The Treasury believes this provi- wage increase would benefit. Body of the re- to raise the minimum wage. sion opens up a significant loophole for port: Jim Moret, anchor. There were fewer And the Economic Policy Institute some taxpayers. If a high income self Americans out of work last month. The job- says: less rate dropped to 4.1 percent, the lowest it It’s true that while the increase is not per- employed person or someone in a part- has been in 3 decades. Also in the Labor De- fectly targeted, most of the benefits do go to nership with others, arranges that all partment’s report, average hourly earnings lower-income working families. Fifty per- of the people that work with him and rose by only 1 penny last month to $13.37. cent of the benefits, of the gains from this his partners are considered employees That is the average per hour. Next week, next increase, will go to families whose in- Congress considers a minmimum wage of $1 of another entity, then the partners come is $25,000 or less; that’s lower middle which could benefit perhaps those 10 million can incorporate and form an ESOP. income.... low-wage workers. Under the provision in the amendment, Those working poor households would get the doctors could then defer all of the But who are they? only 17 percent of the gain from raising the income they desire, effectively as pen- Our Brooks Jackson has some answers that minimum wage. sion income without any limit. So, if may surprise you. Frankly, we have heard all kinds of they each make $300,000 and one de- He says: numbers on how many minimum-wage cides that he needs to spend only Who would be helped if the minimum wage people we have in America. I am just $150,000 to live on, that high income went up to $6.15 cents? going to be rebutting their comments taxpayer could defer their taxes on the The answer is: for a moment, and then I will tell whole whopping $150,000 unspent. That Not these workers. Americans about our bill. is outrageous. Why should we be put- To get to the 10 million they are ban- The ones they have been talking ting these very generous loopholes in tering around here on the floor, let me about. the tax code that allow a few to not tell you where that comes from. Min- pay their fair share of taxes? They be- Bob Seidner, owner, Classic Auto Salon: I imum-wage earners are 1.6 million of wouldn’t even consider paying somebody this 10 million that is being bantered come a special class of taxpayers who that level, because we’re not going to get the only have to pay taxes on what they level of employee. around. Workers making between the spend and everything they save goes Jackson: In today’s hot job market, Bob present minimum wage and the new into the equivalent of a super IRA with Seidner says he has to pay $8 an hour to get wage of $6.15, under these amendments, all taxes deferred. That makes no sense an experienced car washer in Maryland. And are 5.9 million. Workers making less at all. in his Atlanta restaurant, nobody stays at than the minimum wage and who are We need tax provisions that are de- the minimum wage for long. not going to be affected by the min- signed to promote the creation of pen- They all move up rather rapidly. imum wage because they are tip peo- sions for the average employee making Greg Vojnovic, Restaurant owner: If you ple, or the like, are 2.7. $25,000 or $50,000, not creating special look at the economy today, there is so much So, in summary, 1.6 million are real- provisions only of interest to very high pressure on the labor marketplace that you ly minimum-wage earners working income taxpayers that actually reduce can’t pay anybody a minimum wage for any under the minimum wage as a means of their interest in setting up pension period of time. Our typical dishwasher, who recompense for an hour’s work. None- is typically the lowest position, is making theless, we have an amendment that I plans for their workers. I urge that we [more than the minimum wage today. In pass the Kennedy amendment and re- fact, he is making] $7 an hour. believe is far superior to the Democrat ject the majority amendment. Jackson: So who would be helped? Experts amendment. I am very pleased to have Mr. DOMENICI addressed the Chair. say fewer than one worker out of every ten, been part of putting it together. We The PRESIDING OFFICER. The Sen- most of them part-time workers, and mostly want to raise the minimum wage to ator from New Mexico. not in poverty. keep steadily ahead of inflation, and it Mr. DOMENICI. Mr. President do I Let me repeat that: will be raised 30 cents in January, 35 have some additional time? So who would be helped? One out of every cents the following January, and 30 The PRESIDING OFFICER. Thirty- ten, and most of them are part-time workers cents the following—$1 in a period of 26 two minutes 24 seconds remaining. and mostly not in poverty. months instead of a period of 14 Mr. DOMENICI. I note Senator I am going to jump away from this months. LANDRIEU is here from Louisiana. I for a minute and say, who do you think In addition, very simply put, we won’t take that much time, and I will those part-time workers are? They are change some provisions in the tax law, yield back the remainder so she may the teenagers of America who are which I now hear we should not do be- proceed in morning business, if that is working in restaurants, drive-ins, and cause it cuts taxes. Well, does anyone her desire. all the kinds of places where they want seriously believe that with the kind of Let me just say, it is absolutely to get jobs to learn how to work. Let’s surpluses we have projected in the amazing that some group proposes that be honest about it; it would be nice if United States, we are not going to give the minimum wage should be increased we could give them a 50-cent increase the taxpayers back some of that because the poor families in America, in the minimum wage in January and money? I can say, with surpluses that who are out there working at jobs, are 50 cents the next year. But let’s also be are approaching $3.4 trillion, does any- the ones it will help, only to find that honest that they are not the poverty body believe there is a better time to every study reveals that isn’t the case. people of America; they are teenagers give the American people a tax reduc- I am going to talk a minute about breaking in at their new job. And it is tion, give them back some of their CNN. They proceeded with a very in- most interesting, for these comments money? If we can’t do that now, I ask tense analysis of their own, and they and others that I have read say that you, when can we? These are the larg- have been running it on television. It is even they are getting paid more than est deficit, largest surpluses we could sort of shocking to hear what they find the minimum wage these days. have predicted in the best of times. The budget is under control. It is versus what we are hearing in justifica- Teenagers like Sara Schroff, a 19-year-old tion of a $1 increase in the minimum student making $5.15, but only the start. growing at the lowest rate in all cat- wage in the next 13 months-14 months. She’ll be promoted in a week. egories in the past 40 years on an an- First, let me start and read the dia- Even McDonald’s offers more than the nual basis. We take some credit for log that occurred on CNN with ref- minimum wage. that. The President deserves some erence to their research and who is Says another who has looked out in credit for that. But that is success. helped and not helped by the minimum the job market. That is building a surplus. In the last wage: In fact, teenagers make up 28 percent of year, we have not spent one penny of Highlight: Next week, Congress will be those who would gain, and only 23 percent of the Social Security trust fund money— raising the minimum wage by $1 to $6.15, the gainers are the main earners in their in the year that just passed. The Con- which could benefit perhaps 10 million low- families. gressional Budget Office says, as a

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28995 matter of fact, we have a surplus of a wanted that when we put it in before SEC. ll. PROHIBITION ON CERTAIN RETRO- billion dollars. That has not occurred and made it temporary. It runs along ACTIVE FINANCE CHARGES. Section 127 of the Truth in Lending Act (15 in 40 years. We want to say to the So- with welfare reform. We have reduced U.S.C. 1637) is amended by adding at the end cial Security trust fund, you keep all welfare by 48 percent, and we cry out the following: that is yours. That is about $2 trillion. to business to hire welfare trainees. ‘‘(h) PROHIBITION ON RETROACTIVE FINANCE What do we do with the other $1.3 tril- Yet the credit they get for doing that CHARGES.— lion to $1.4 trillion? Do we leave it is temporary. We want to make it per- ‘‘(1) IN GENERAL.—In the case of any credit around here so we can spend it? manent. So a welfare trainee is more card account under an open end credit plan, Does anybody doubt, if we don’t apt to get a job if the employer can get if the creditor provides a grace period appli- make appropriate tax cuts, or tax re- some incentives up front while they are cable to any new extension of credit under ductions, that it won’t be spent? We training them and helping them. the account, no finance charge may be im- have already heard that the worst Who can be against that? Will the posed subsequent to the grace period with regard to any amount that was paid on or be- thing to do with the surplus is to spend President veto that? I can’t believe it. fore the end of that grace period. it. The best economic advisers that our There is an item where small busi- ‘‘(2) DEFINITION.—For purposes of this sub- country has say the worst thing you ness can do an expensing of certain section, the term ‘grace period’ means a pe- can do is spend it. So we have, in the capital improvements. But we have a riod during which the extension of credit first 5 years, $18.5 billion in tax relief, limit on it. Otherwise they have to de- may be repaid, in whole or in part, without mostly for small businesses so they can preciate it over time. We have in- incurring a finance charge for the extension continue to be the driving force behind creased that to $30,000 a year. It will be of credit.’’. America’s growth. marvelous for small business to deduct I am going to just quickly, in a mo- those kinds of expenses that are encap- AMENDMENT NO. 2772 ment, tick off three or four of those tax sulated in that amendment. It will (Purpose: To express the sense of the Senate concerning credit worthiness) proposals that I think are very good. make their businesses grow and pros- Somebody said this is a waste of effort per. There are two or three others that At the appropriate place, insert the following: because if the Republican package go with this. The Federal Trade Commission shall re- passes—and I hope it does because I But essentially, I believe when you port to the Banking Committee of Congress think it is a very good package—the put that package together you are say- within 6 months of enactment of this act as President will just veto it. Well, I am ing there will be fewer minimum-wage to whether and how the location of the resi- not too sure of that. Let me make sure workers in the future, small business dence of an applicant for a credit card is con- the Senate understands that the tax will have a chance to profit more, and sidered by financial institutions in deciding package included in this Domenici, et they will pay higher wages because the whether an applicant should be granted such al., proposal is 12.5 percent of the tax marketplace will force them to. In the credit card. package we passed some months ago. It meantime, we also increase minimum Mr. LEVIN. Mr. President, I ask is 12.5 percent—not 50 percent of it, not wage by $1. We just take 12 months unanimous consent that those two 75, but 12.5. If you can’t get that longer to do it. amendments be laid aside and that I be through, what can you get through? I I believe it is a good package. I hope permitted to call up amendment No. believe the President would sign it in a the Senate passes it tomorrow. We will 2658 relating to the nondischargeability minute because it does the kinds of have a few more minutes of debate to- of debts arising from firearm-related things that even he has talked about as morrow before the vote. In the mean- deaths. being necessary for American business time, I hope everyone looks at the The PRESIDING OFFICER. Is there to retain its energizing effect and its package in their offices and will get objection? competitive qualities. briefed on it because it is a very good Mr. GRASSLEY. I object. For a moment, let’s quickly go package. I not only yield the floor, but The PRESIDING OFFICER. Objec- through the amendments we have at- I yield back any time that I had on my tion is heard. tached and put in the tax amendments amendment. Mr. LEVIN. I thank the Chair. I in this package. AMENDMENTS NOS. 2768 AND 2772 EN BLOC thank my friend from Iowa. One: For the first time, we really The PRESIDING OFFICER. The Sen- f help workers in America pay for health ator from Michigan. MORNING BUSINESS care insurance. Heretofore, if a worker Mr. LEVIN. Mr. President, I ask bought his own insurance, he could not unanimous consent that the pending Mr. GRASSLEY. Mr. President, I ask deduct it. He would have to put it in a amendment be laid aside, and that two unanimous consent that there be a pe- large pot called health expenditures. amendments be called up en bloc, No. riod for the transaction of routine Only if it exceeds 7.5 of his income 2768, relating to retroactive finance morning business, with Senators per- could it be included in the deduction. charges, and 2772 relative to residency mitted to speak up to 10 minutes each, We have said let’s try this out. Let’s issues on credit card issuance. with the exception of Senator see what would happen if workers who The PRESIDING OFFICER. Is there LANDRIEU. buy their own health insurance—for objection? The PRESIDING OFFICER. Without whatever reason—deducted the whole Without objection, it is so ordered. objection, it is so ordered. thing the same as a company today de- The clerk will report. The Senator from Louisiana. ducts the whole thing under an exclu- The assistant legislative clerk read f sionary rule that we have established as follows: THE LAND AND WATER by precedent around here, and then we The Senator from Michigan [Mr. LEVIN] CONSERVATION FUND made it part of the rule of law. That is proposes amendments numbered 2768 and in there. 2772, en bloc. Ms. LANDRIEU. Thank you, Mr. Self-employed men and women have Mr. LEVIN. Mr. President, I ask President. I have a few important had a raw deal on health insurance. Ev- unanimous consent that reading of the things to say tonight. I will try to fit erybody in this Chamber knows it. If amendments be dispensed with. that in with the time that has been al- we have a surplus, we ought to make The PRESIDING OFFICER. Without lotted to me. that right. Let self-employed Ameri- objection, it is so ordered. There are many important issues cans deduct 100 percent of their insur- The amendments, en bloc, are as fol- that need to be resolved in the next few ance costs—not some percentage. That lows: days in order for us to wrap up this is built in with a rather rapid curve AMENDMENT NO. 2768 year and move on. The minimum wage where they will be able to deduct the (Purpose: To prohibit certain retroactive debate is clearly a very significant full amount. finance charges) issue for us. I am glad we will be voting This is a work opportunity tax cred- At the appropriate place, insert the fol- on it and, hopefully, come to a resolu- it. Almost everybody in this Senate lowing: tion tomorrow. There are other issues

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28996 CONGRESSIONAL RECORD—SENATE November 8, 1999 pending that have yet to be resolved. attention I think we need and the peo- call us to arms, call citizens to action, That is why I rise tonight to speak for ple of our State deserve. Fortunately, to help preserve and restore the south a few minutes about one of them that the rules of the Senate allow each Sen- Louisiana coast and this tremendous is very important to the people of my ator to be able to speak at length, to be ecosystem not just for the benefit of State, the State of Louisiana. able to express their will and their Louisiana and the 4 million people who I say at the outset as respectfully as opinion. As respectfully as I can, I am live in our State but for the benefit of I can that I am going to object to pro- going to object to any further business the 260-plus million population of this ceeding to any additional actions of until some of these things can be re- Nation. the Senate until this issue is resolved, solved. There is no one reason for this land or until there is an answer in terms of Let me begin by telling a story that loss. Some of our coastal wetlands have what our options are. Some of us are is not well known. I think Americans always been subsiding, but in the past not party to some of the discussions are very interested judging from all of the river built and sustained the wet- that are going on behind closed doors the correspondence my office has re- lands and built new ones, which offset and some being reported. There is some ceived over the last year and a half the natural losses. information that I am very interested from thousands of individuals and Since Europeans came to Louisiana, in receiving, and many people in Lou- groups who seem to be very sympa- we have been building levees to protect isiana are interested in the informa- thetic about this issue. against the floods. Levees keep homes, tion because it has to do with money Let me read from a brochure called businesses, and farms safe, but they that our State is producing. It has to ‘‘Coast 2050,’’ discussing sustaining prevent the sediments from flooding to do with the kinds of investments we coastal Louisiana. I will read a few refurbish the marsh. In addition, levees are either going to make or not make pages that tell a story about a great were built to tame the route and flow to the environment of our Nation, to and mighty river. of the Mississippi River to allow for the the coast of Louisiana, which is crit- At the end of Old Man River, the mighty great transport and trade on which this ical to preserve and help restore that Mississippi, lies the largest expanse of coast- Nation is dependent to grow and pros- coastline. al wetlands in North America. This dynamic per. Canals were dug through the It is a very important issue to the and bountiful landscape was literally built marshes to promote navigation and to and sustained by the sediment-laden waters recover petroleum resources that have American people in terms of our oppor- that drain to the river from 31 states and tunity to use a small percentage of the helped fuel this Nation, to turn the three Canadian provinces. lights on, to run our machinery, to run non-Social Security surplus to invest This is not a river that just drains a in the Land and Water Conservation our factories. few States. This is a river that drains We are happy to make that contribu- Fund to fully fund it, to invest in some our entire Nation. The economy of our tion, and we are trying to do it in a extraordinarily successful wildlife con- Nation depends on the taming of this more environmentally sensitive way. servation programs, to invest in his- river and this ecosystem. The future of This ecosystem supports a tremendous toric preservation, and to invest in our Nation depends on how well we amount of commerce, and I don’t think coastal restoration and impact assist- manage the resources of this great I should have to explain it much more. ance for States that produce oil and river. However, we are losing it. gas and for States that do not. The Louisiana coast is home to 2 million Today, Louisiana has 3,800 square This is an issue that we have now Americans. The wetlands, bays, and islands miles of marsh and over 800 square been debating actually for many years. of the coast constitute an enormously pro- miles of swamp. Even at the current This debate has gone on for 30 years in ductive ecosystem and resource base that pace of restoration efforts—which have terms of funding for land and water. It support the livelihood and well-being of the been, by the way, successful, albeit has gone on for over 50 years in terms Nation. The statistics are awesome: the ecosystem contributes nearly 30 percent by minimal because we don’t have the fi- of what percentage would be fair for nancial resources that we deserve, that Louisiana, the producing State, to re- weight of the total commercial fisheries harvest in the lower 48 states and provides over- we should get for this restoration—we ceive. Texas is in that position. Mis- wintering habitat for 70 percent of the mi- will lose more than 600 square miles of sissippi is in that position to a certain gratory waterfowl using the Central and Mis- marsh and almost 400 square miles of degree. Alaska could be in that posi- sissippi Flyways; 18 percent of U.S. oil pro- swamp by the year 2050 if we do not tion. So there are a few States that are duction and 24 percent of U.S. gas production take action. Consequently, nearly 1,000 producing States. This debate has * * * Louisiana’s ports rank first in the Na- square miles of Louisiana wetlands will raged on, in my opinion, for too long. tion in total shipping tonnage. become open water. The Nation will In my opinion, there is broad bipar- Again, not a river that just serves lose an area the size of the State of tisan support for a concept that would Louisiana or serves Mississippi but a Rhode Island if we fail to act. take a portion of these revenues. They river that serves the entire Nation. It That is why I come to the floor to- are estimated to be about $3 billion a would be all for naught for the Mid- night to speak about this issue. I know year; $120 billion has been generated off western States to produce any agricul- some colleagues think perhaps there is the coast in offshore oil and gas pro- tural product if they couldn’t get it to nothing we can do or we just can’t duction in taxes that the companies market. That is the great benefit and make this happen. I am compelled to are already paying and many continue strength of this Mississippi River—and speak again because of this story, be- to pay. These are not new taxes. These we sit at the mouth—in terms of the cause of this great resource, and be- are not new revenues. These are reve- transport of goods for hundreds of cause I know what the serious con- nues that are coming into the Federal years. sequences will be for my State and for Treasury. There is bipartisan support The unique human culture and beautiful the entire Nation if there is no solu- for taking a portion of those revenues setting of southern Louisiana is world-re- tion. It is not a difficult solution. It is and investing in the things that I have nowned. not even an expensive solution. It is a just outlined. We are losing it at an enormous and real solution that has been laid on the Let me tell you why it is important frightening rate. Since 1930, Louisiana table in this Congress. for me to respectfully object to moving has lost over 1,500 square miles of If we do nothing, we face significant on to any further business. marsh. The State is still losing 25 to 30 reductions in the $20 billion-per-year I know that I am going to be the square miles each year, nearly a foot- shipping and export industry in addi- skunk at the garden party because ball field of prime wetlands every 30 tion to our ports, our commercial fish- Louisiana is not a huge State such as minutes. Environmentalists should be eries, and oil and gas, and leave our- California or Texas or Illinois. We have alarmed. selves open to serious hurricane dam- a small delegation. There are great needs in California, age. Sometimes, because our numbers are the West, and in the Everglades, but There is a consensus about what we smaller, we aren’t able to get all the there is a tremendous need that should can do. We have learned two things: We

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28997 already know how to fix most of the will be put to rest. In the markup that copters, Honduras or Guatemala; or problems; second, coastal recovery will is being considered on the House side where you would build the machinery, require much more effort than has been on this bill, there are no incentives for the canals, the barges, the railroads, or undertaken so far. We know what it oil and gas drilling. We can fight that highways that allow this industry to will take to fix the problem. We just battle another day. There is an incen- exist. I do not know if a good option need to get the job done. That is why I tive and language that will help us would be Honduras or Guatemala, but am here tonight to try to get this job spend this money for coastal restora- if you don’t do it from the coast of done because it is most certainly some- tion in ways that are environmentally Louisiana, Mississippi, and Texas, you thing that is within our grasp. sensitive and that do not encourage do not have many options. I want to read for the record a letter drilling. There is language, on the But I did not come here to ask for 50 from over 800 environmental organiza- other hand, that is going to suggest percent. I am asking the President and tions circulated last week. I want to that Congress has a legitimate role to the administration and this Congress take the time to read it. It is a good play in the purchasing of lands, along to give Louisiana not even 30 percent. letter using good common sense that is with the administration—whether it is I am not even asking for 25 percent. I within the grasp of the Interior appro- this administration, President Clinton, have simply said to the producing and priations bill that is now being de- or whether it is a future President— coastal States, let us keep at least 10 bated. We have the opportunity to that it is right that this Congress and percent of the dollars for Louisiana and make this happen. Without adding any the President would make decisions the producing States, and share with new money, we can make this happen. about the purchases of land, how much, all the other coastal States, whether As the 20th century draws to a close, Con- and when, and where. they produce or not, to give them mon- gress has a rare opportunity to pass land- Those differences could be worked eys from this source of revenue because mark legislation that would establish a per- out. So there is bipartisan agreement it does not just belong to us, it belongs manent and significant source of conserva- we should take a portion of these reve- to everyone. tion funding. A number of promising legisla- But surely we should, since we nues. tive proposals will take revenue from non- produce 90 percent of the money, get a renewable offshore oil and gas resources and I want to show a graph, because people think, Why does Mary keep speak- fair share as we try to distribute this reinvest them in the protection of renewable money. Whether we do it for 1 year—we resources such as wildlife, public lands, our ing about this issue over and over have been doing sort of hit or miss over coast, our oceans, our cultural resources, again? It is because the revenues that historic preservation, and outdoor recre- are being considered for this come from the last 30—or whether we try to take the step and do it permanently, recog- ation. Securing this funding would allow us basically one State. I know you would nizing the needs and legitimate con- to build upon the pioneering conservation be able to guess what that State is. tradition that Teddy Roosevelt initiated at cerns of the Western States and some This is Louisiana. I know this is a very the beginning of this century. The vast ma- others that are concerned about pur- small sheet, but I think the camera can jority of Americans recognize the duty we chasing land—then clearly Louisiana pick this up. This red represents the have to protect and conserve our rich cul- deserves its fair share. So do the other contribution Louisiana makes to off- tural and natural legacies for future genera- coastal States. tions, a diverse array of interests including shore oil and gas revenues which to- For the record, we have produced sports men and women, conservationists, taled, in this particular year, $4.8 bil- over $120 billion since 1955 and have re- historic preservationists, outdoor lion. The average is about $3.5 billion. recreationists, the faith community, the ceived less than 1 percent. I guess that But Louisiana contributes over 90 per- is worth it, to me, to be a skunk at the business community, State and local govern- cent. ments. Over 40 Governors, Democrat and Re- garden party, because it is just not publican, have supported this initiative, and When we talk about taking this fair. One of the things about the Sen- they support conservation funding for this money and funding programs I have ate and about Congress and about this legislation because they recognize it is our outlined—and I am for all the things I whole body, and about America and the obligation to make these commitments for have just suggested—we need to be fair debate, is trying to pass legislation the future generations. to the producing States. Louisiana pro- American people care about. The So this letter goes on to call on our duces the most, then Texas; Mississippi American people can understand fair- body here, the Senate and the House, contributes; Alabama is a contributor. ness. Whether they are from a Western to: Of course, California did contribute. State or California or Washington, or * * * seize this unprecedented opportunity There is a moratorium there. This bill from a Southern State, I think they to pass legislation that would make a sub- does nothing to upset that political de- would say: Senator LANDRIEU, you are stantial and reliable investment in the con- cision, but it does save, for the States correct. It is not fair for your State to servation of our Nation’s wildlife, public that are producing, a portion. lands, coastal and marine resources, historic produce 90 percent and get virtually Let me talk about a portion because nothing when we have a bill that will treasures, urban and rural parks, open I believe in fighting for your State. But spaces***design a bill that provides sig- share this with everyone and do some- nificant conservation benefits free of harm- I also believe in being fair. If I did not thing the American people want to do. ful environmental impacts to our coastal and think my State was correct, I would be Let me talk about that for just a ocean resources, and one that does not un- the first one to stand up and say we minute. Sometimes we come to Wash- duly hinder land acquisition programs. should do it another way; we simply do ington and I think we have the tend- We have this within our grasp. not have an argument. But it is widely ency to forget, or maybe just tempo- It says: known the interior States in our Na- rarily lose our memory, about some of We look to Congress to make this a re- tion get to keep 50 percent of the reve- the things we promised to do when we ality. nues they produce. States such as Wyo- came. Sometimes we get busy with the I hope, as I slow down this process, ming and New Mexico get to keep 50 talk in Washington and we forget perhaps we can get some answers from percent of their revenues, and they can about what the talk at home is. the White House, from the negotiators, spend it basically as they wish, with There was research done just re- about the real possibilities of this tak- few restrictions. cently, in fact a couple of months ago, ing place. There are some on the right I am not coming to this body, nor by Luntz Research Companies, one of who say we do not need any more pub- have I introduced a bill, to give Lou- the foremost pollsters in America. He lic land. There are some on the left isiana 50 percent of this offshore oil said some things that really brought who say if we do anything that might and gas revenues. It is not on our land, this issue home to me. Even though I encourage drilling, no matter how but it is right outside of our coast. If it knew this was important to people, I great the benefits, we are not for it. were not for our land, this industry frankly did not think to take a survey Let me say, in a markup that is simply would not exist. Very few can which would have been a good thing, being done, hopefully this Wednesday dispute that because I don’t know but the environmental groups did. The in the House, many of those criticisms where you would launch the heli- results are staggering.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 28998 CONGRESSIONAL RECORD—SENATE November 8, 1999 I am just going to read the overview: effort and the small investment it will have an ocean or a gulf, but because What matters to Americans most these take to preserve these precious re- they have the Great Lakes, they simi- days is ‘‘quality of life’’ and ‘‘peace of sources to provide wilderness, parks, larly have situations that need atten- mind.’’ Our nation’s prosperity has brought and forest for our children and grand- tion. with it the need both to think beyond simple children. We have not written a bill that is hand-to-mouth economics and to address the Let me finally read one very star- selfish. We have written a bill that is anxieties posed by perceived threats to our tling result because all of us voted for generous. We have written a bill that own health and safety. The public’s mood on the highway trust fund. We thought we we can afford. the environment speaks to the opportunity I urge the President not to move to to deliver positively on a rising public pri- should apply our gasoline taxes to im- ority. prove the highway system which has take a portion of the revenues that two More than 50% of Americans tell us they been an extraordinary benefit for the of the poorest States in the Nation will head to the outdoors on vacation this growth of this Nation. We did it be- contribute—Mississippi and Lou- year. What they expect to find when they get cause we knew it was popular at home, isiana—and give them away without there is part of the legacy they most want to because it was the right thing to do. In giving us a fair chance at preserving pass along to the next generation. my State of Louisiana, and probably in our coastline, helping us restore a tre- There is an emotional intensity to issues mendous ecosystem that not only bene- that define the legacy of what this genera- your State, Mr. President, Illinois, people overwhelmingly support it. fits our State and the 4 million people tion will leave to the next. At the turn of the who live there, and the 2 million people Millennium—as we enter the 21st Century fo- Let me share this: cused more than ever on the future and rapid In a head to head between land and water who live on the coast but literally change—what drives people’s attitudes on and highway, the wildly popular highway serves as a treasure for this Nation—an protecting the great outdoors may be the and airport funds head to head was 45 per- environmental treasure and a commer- need to identify and carry with us those decent for the conservation of land and water cial base—without which this country fining ideas and principles that have made and 37 percent for highways. could not possibly continue to grow America the great pioneer. We know how popular that highway and prosper without. To deliver on the call for preservation and bill was, but people in America—in I am sensitive to the Florida Ever- progress, policymakers can succeed by focus- Louisiana, in Illinois, in Mississippi, in glades. I have been to the redwoods. I ing more on the benefits the public wants believe in the preservation of the great and expects and by spending less time talk- other places, in Washington State— ing about the process that the public really want us to take some of these reve- lands of the West. I want to be fair to doesn’t care to follow in a debate. nues—not new taxes, not raising taxes, many places in this Nation, but I can- And no issue speaks more directly to not robbing it from other places—but not in good conscience represent the Americans’ environmental ‘‘quality of life’’ taking it from the Federal Treasury State that is contributing 90 percent of than their ability to enjoy open spaces, where it has gone into sort of a non- the money and allow these negotia- parks, and wilderness areas. Whether they descript fund and reinvest it into the tions to go on knowing there is some want a place to visit alone or with their fam- intention to take this money perma- ilies on vacation—or just having the peace of environment and to do that in a way that shares with the States and local nently away from us and give it to ev- mind that those places will still exist (for eryone else without sharing this with themselves, for future generations, and for governments—not a Federal land grab, the plant and animal species that assure di- not a Federal takings, but in partner- us to help us in our quest to restore versity)—this desire presents an opportunity ship with local and State governments, this coastline for the benefit of the en- to deliver on a political priority. Anyone and that is what our bill does. tire Nation. I thank my colleagues for their pa- who wants to close their own ‘‘credibility In conclusion, there are over or close tience. I hold up our plan: ‘‘Coast 2050.’’ gap’’ on environmental issues can do so by to 200 Members of the Senate and the talking about conservation of open It is a beautiful picture of Louisiana’s House, Republicans and Democrats. It spaces.... coast. I ask my colleagues to be sen- is the only environmental initiative— And by actually doing something sitive to our great needs. I am sorry to there are others that have been filed about it, not just speaking about it. have to object, but I do it respectfully, and talked about and are being debated Let me give some of the findings: and I do it because I know this is the in committee, outside of committee, in right thing for our country and the Na- People like to spend their time outdoors. the negotiations taking place right Over half of Americans polled cite an out- tion at this time. door location like a national park, forest, now—but there is not a single proposal I yield back the remainder of my wilderness areas, beach, shoreline, lake, that has Democrat and Republican sup- time, if I have any. river, or mountain as their preferred place to port except for this one. The PRESIDING OFFICER. The Sen- spend a vacation this year. I urge the White House, I urge the ator from New York. Ninety-four percent would justify spending President, I urge the negotiators, f more on Land & Water Conservation because whatever is in the bill, if we can afford ‘‘Parks, forests, and seashores provide Amer- $300 million, fine. If we can afford $500 REGIONAL COOPERATIVE HEALTH icans a chance to visit areas vastly different million, fine. If we can afford $1 billion, PROGRAM FUNDING THROUGH than their own.’’ whatever the offset is, I am not asking WYE SUPPLEMENTAL ASSIST- Those who think the overall quality of the ANCE-FUNDING environment is deteriorating outnumber for more money. But I am asking if we those who think things are improving. are going to spend offshore oil and gas Mr. SCHUMER. Mr. President, I rise Eighty-eight percent of all Americans agree revenues for 1 year or permanently, today to urge the United States Agen- that ‘‘we must act now or we will lose many that it be done giving Louisiana and cy for International Development special places, and if we wait, what is de- Mississippi and Texas and Alabama and (USAID) to allocate some of its Wye stroyed or lost cannot be replaced.’’ the other producing States their fair Supplemental Assistance Funding to They also say this poll defies a myth share; that it will fund to the degree the first regional cooperative health that some people think of as real, too that is possible the coastal initiatives program ever designed to serve both much public land. we have outlined. the Palestinians and Israelis. Improv- That meant, according to this survey Yes, there are authorized programs ing the health of Palestinians and which was conducted by a Republican to fully fund land and water conserva- Israelis through a successful coopera- pollster, it does not hold even in moun- tion and to fund wildlife conservation, tive endeavor would provide a vibrant tainous Western States where over 90 historic preservation, and urban parks, prescription for peace in the Middle percent, in some places of the land is which is a package that makes sense. East. already owned by the Government. Do my colleagues know why? Because This important health program, This poll indicates that even in places it is fair. It is fair to the east coast; it which pairs the Kuvin Center for the in the West where lots of land is al- is fair to the West; it is fair to the Study of Infectious and Tropical Dis- ready owned by the Federal Govern- South; it is fair to the North; it is fair eases of the Hebrew University in Jeru- ment, people still want us to make the to the Great Lakes States that do not salem with the Palestinian Al-Quds

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 28999 University, has requested support from targeted to those who most need assist- Through these programs, the 4 mil- USAID as a $20 million, five-year pro- ance. lion individuals with mental retarda- gram. The purpose of this program is To its credit, FEMA has been very tion and other developmental disabil- to find innovative ways to fight infec- successful in keeping the administra- ities are able to obtain the support tious diseases in the region, and calls tive costs of this program very low. In they need to participate in all aspects upon these Universities to build a per- fact, these costs consume less than 3 of the community. They receive needed manent, collaborative infrastructure percent of the funding, which is an in- assistance in education, and early for improving the health of the Pales- spiring example that all of the Federal intervention efforts are used to provide tinian and Israeli people. Government’s agencies and depart- appropriate health care services and United States Secretary of State ments should strive to follow. support. Madeleine Albright has said the most In Maine, the EFS program has been For millions of Americans these serv- important projects for promoting peace extremely helpful. For example the ices can mean the difference between and cooperation between nations are Sister Mary O’Donnell Shelter, located dependence and independence, between what she calls ‘‘people projects’’—those in Presque Isle, Maine, received a lost potential and becoming contrib- projects that people of all races, reli- $10,500 grant from this program. Amaz- uting and participating members of gions, and beliefs can support. This ingly enough, this shelter was able to their communities. program, which seeks to protect local use this modest funding to provide the Throughout the preparation of this people from the infectious and para- equivalent of 1,974 nights of shelter for legislation, we have listened to con- sitic diseases that are among the lead- the homeless in northern Maine. sumers, advocates, families, and pro- ing causes of death in the West Bank EFS is a very successful program gram administrators—all of whom have and Gaza, is a great example of fos- that carefully targets its resources contributed significantly to this legis- tering cooperation through people where they are needed most, and does lation. Their commitment to construc- projects of mutual interest. so with an absolute minimum of ad- tive compromise will improve the lives USAID has successfully funded simi- ministrative expense. The Government and choices of all people with disabil- lar health programs in Egypt and Tur- Affairs Committee approved this legis- ities and their families. key, but this is the first such program lation with a unanimous voice vote on This reauthorization builds on the proposed for the Israeli and Palestinian November 3, 1999, and I hope the full gains of the past three decades, while people. Members of Congress, the Senate will do likewise. addressing critical and emerging needs President, and the State Department f of individuals with disabilities. all support this program. If USAID It improves the accountability of the DEVELOPMENTAL DISABILITIES funds the program, it would give the programs under the Act by empha- ASSISTANCE AND BILL OF United States scientific and fiscal sizing better coordination, and by con- RIGHTS ACT oversight through both USAID and the centrating on activities related to National Institutes of Health (NIH). Mr. KENNEDY. Mr. President, I child care, health care, housing, trans- I support the funding for this re- strongly support the current reauthor- portation, and recreation; gional collaborative effort as a power- ization of the Developmental Disabil- It offers wider training opportunities ful example of what a working rela- ities Act, and I commend Senator JEF- by strengthening the network of uni- tionship should be in the Middle East FORDS for his leadership in making this versity centers that provide technical and I believe that it should be given reauthorization a priority. assistance to persons with disabilities, the highest funding priority out of the I also commend the members of the to their families, and to service pro- Wye package. Health, Education, Labor, and Pen- viders across the country; f sions Committee and the administra- It supports stronger protection and tion for their leadership in developing advocacy services to prevent abuse and THE FEMA EMERGENCY FOOD AND this bipartisan bill. I especially want neglect, so that people with disabilities SHELTER ACT to recognize TOM HARKIN for his leader- can live safely; Ms. COLLINS. Mr. President, as a co- ship and continued commitment to in- It targets funds for the development sponsor of S. 1516, legislation reauthor- dividuals with disabilities. I also com- of statewide self-advocacy organiza- izing the Federal Emergency Adminis- mend all the staff members for their tions, so that people with disabilities tration’s Emergency Food and Shelter skillful work to make this process suc- will have a stronger voice in deter- program, I am very pleased that the cessful. mining their lives and their future; Senate is about to pass this legislation Today, I particularly want to take It helps states to develop support and send it to the House of Representa- this opportunity to say thank you to programs for families with a disabled tives. I hope that our colleagues in the my sister Eunice Kennedy Shriver for family member, so that living at home House will swiftly approve this impor- her many years of extraordinary dedi- and becoming part of the community is tant bill, so that it can be sent to cation and commitment to children a real choice for persons with disabil- President Clinton for his signature be- and adults with mental retardation and ities; and fore our legislative session adjourns for their families. Had it not been for her It provides funds to develop a new the year. vision and commitment on behalf of educational curriculum and establish FEMA’s Emergency Food and Shelter people with mental retardation, the scholarship opportunities for support (EFS) program provides financial as- Developmental Disabilities Act would workers who assist people with devel- sistance to supplement community ef- not be the impressive success it is opmental disabilities. forts to provide food, shelter, and other today. This bill gives us an excellent oppor- valuable items to homeless and hungry For many years, since the Develop- tunity to do more to keep the promise people around the country. Most of the mental Disabilities Act was first signed of the Americans with Disabilities EFS’ monies are distributed directly to into law by President Kennedy in 1963, Act—by ensuring that individuals with local boards, which are comprised of developmental disabilities programs in mental retardation and other signifi- representatives from religious and the states have worked effectively to cant developmental disabilities, and charitable organizations from the sur- improve the lives of children and their families, have realistic opportu- rounding area. These boards then adults with mental retardation and nities to obtain the support and serv- award grants to non-profit, voluntary, other developmental disabilities. The ices they need to reach their dream of and social service organizations, which act serves as the foundation for a net- being contributing members of their assist individuals with their food, shel- work of programs that offer them real communities. ter, or emergency assistance costs. choices on where to live, work, go to Disabled people are not unable. We Using a local distribution network school, and participate in community are a better and stronger and fairer helps to ensure that the EFS’ funds are life. country when we open the door of

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.001 S08NO9 29000 CONGRESSIONAL RECORD—SENATE November 8, 1999 choice and opportunity to all Ameri- H.R. 3075. An act to amend titles XVIII, EC–6089. A communication from the Assist- cans, and enable them to be full part- XIX, and XXI of the Social Security Act to ant Secretary, Legislative Affairs, Depart- ners in the American dream. For make corrections and refinements in the ment of State, transmitting, pursuant to the countless persons with mental retarda- Medicare, Medicaid, and State children’s Arms Export Control Act, a report relative health insurance programs, as revised by the to certification of a proposed license for the tion and other developmental disabil- Balanced Budget Act of 1997. export of defense articles or defense services ities across the country, this legisla- ENROLLED BILLS SIGNED sold commercially under a contract in the tion will continue to help to make that At 6:45 p.m., a message from the amount of $50,000,000 or more to the Republic dream come true. of Croatia; to the Committee on Foreign Re- This bill deserves the support of House of Representatives, delivered by lations. every Member of Congress, and I look Ms. Niland, one of its reading clerks, EC–6090. A communication from the Assist- forward to its prompt enactment into announced that the Speaker has signed ant Secretary, Legislative Affairs, Depart- law. the following enrolled bills and joint ment of State, transmitting, pursuant to the resolution: Arms Export Control Act, a report relative f S. 468. An act to improve the effectiveness to certification of a proposed Manufacturing THE VERY BAD DEBT BOXSCORE and performance of Federal financial assist- License Agreement with Japan; to the Com- mittee on Foreign Relations. Mr. HELMS. Mr. President, at the ance programs, simplify Federal financial assistance application and reporting require- EC–6091. A communication from the Pro- close of business Friday, November 5, ments, and improve the delivery of services gram Manager, Bureau of Alcohol, Tobacco 1999, the Federal debt stood at to the public. and Firearms, Department of the Treasury, $5,661,710,720,483.34 (Five trillion, six S. 900. An act to enhance competition in transmitting, pursuant to law, the report of hundred sixty-one billion, seven hun- the financial services industry by providing a rule entitled ‘‘Implementation of Public dred ten million, seven hundred twenty a prudential framework for the affiliation of Law 104–132, the Antiterrorism and Effective Death Penalty Act of 1996, Relating to the thousand, four hundred eighty-three banks, securities firms, insurance companies, and other financial service providers, Making of Plastic Explosives for the Purpose dollars and thirty-four cents). of Detection’’ (RIN1512–AB63), received No- One year ago, November 5, 1998, the and for other purposes. H.R. 3122. An act to permit the enrollment vember 4, 1999; to the Committee on the Ju- Federal debt stood at $5,561,271,000,000 in the House of Representatives Child Care diciary. (Five trillion, five hundred sixty-one Center of children of Federal employees who EC–6092. A communication from the Direc- billion, two hundred seventy-one mil- are not employees of the legislative branch. tor, Regulations Policy and Management lion). H.J. Res. 54. Joint resolution granting the Staff, Food and Drug Administration, De- Fifteen years ago, November 5, 1984, consent of Congress to the Missouri-Ne- partment of Health and Human Services, braska Boundary Compact. transmitting, pursuant to law, the report of the Federal debt stood at a rule entitled ‘‘Food Labeling: Health $1,619,575,000,000 (One trillion, six hun- f Claims; Soy Protein and Coronary Artery dred nineteen billion, five hundred sev- Disease’’, received November 2, 1999; to the enty-five million). EXECUTIVE AND OTHER Committee on Health, Education, Labor, and Twenty-five years ago, November 5, COMMUNICATIONS Pensions. 1974, the Federal debt stood at The following communications were EC–6093. A communication from the Comp- $475,739,000,000 (Four hundred seventy- laid before the Senate, together with troller General of the United States, trans- five billion, seven hundred thirty-nine accompanying papers, reports, and doc- mitting, pursuant to law, a report relative to the Trans-Alaska Pipeline Liability Fund; to million) which reflects a debt increase uments, which were referred as indi- the Committee on Energy and Natural Re- of more than $5 trillion— cated: sources. $5,185,971,720,483.34 (Five trillion, one EC–6084. A communication from the Acting EC–6094. A communication from the Legis- hundred eighty-five billion, nine hun- Director, Office of Civilian Radioactive lative and Regulatory Activities Division, dred seventy-one million, seven hun- Waste Management, Department of Energy, Comptroller of the Currency, transmitting, dred twenty thousand, four hundred transmitting, pursuant to law, a report rel- pursuant to law, the report of a rule entitled eighty-three dollars and thirty-four ative to accelerator transmutation of waste; ‘‘Investment Securities; Rules, Policies, and cents) during the past 25 years. referred jointly, pursuant to Public Law 97– Procedures for Corporate Activities; and 425, to the Committees on Energy and Nat- Bank Activities and Operations’’ (RIN1557– f ural Resources, and the Environment and AB61), received November 1, 1999; to the MESSAGES FROM THE PRESIDENT Public Works. Committee on Banking, Housing, and Urban EC–6085. A communication from the Board Affairs. Messages from the President of the Members, Railroad Retirement Board, trans- EC–6095. A communication from the Assist- United States were communicated to mitting, pursuant to law, a report relative to ant Secretary for Export Administration, the Senate by Mr. Williams, one of his the Program Fraud Civil Remedies Act for Bureau of Export Administration, Depart- secretaries. fiscal year 1999; to the Committee on Gov- ment of Commerce, transmitting, pursuant ernmental Affairs. to law, the report of a rule entitled ‘‘Exports EXECUTIVE MESSAGES REFERRED EC–6086. A communication from the Chief, to Kosovo’’ (RIN0694–AB99), received Novem- As in executive session the Presiding Programs and Legislation Division, Office of ber 2, 1999; to the Committee on Banking, Officer laid before the Senate messages Legislative Liaison, Department of the Air Housing, and Urban Affairs. from the President of the United Force, transmitting, a report relative to a EC–6096. A communication from the Chief States submitting sundry nominations cost comparison conducted at Cannon Air Counsel, Office of Foreign Assets Control, which were referred to the appropriate Force Base, New Mexico; to the Committee Department of the Treasury, transmitting, committees. on Armed Services. pursuant to law, the report of a rule entitled (The nominations received today are EC–6087. A communication from the Assist- ‘‘Blocked Persons, Specially Designated Na- ant Secretary, Legislative Affairs, Depart- tionals, Specially Designated Terrorists, printed at the end of the Senate pro- ment of State, transmitting, pursuant to the Foreign Terrorist Organizations, and Spe- ceedings.) Arms Export Control Act, a report relative cially Designated Narcotics Traffickers: Ad- f to certification of a proposed license for the dition of Persons Blocked Pursuant to Exec- export of defense articles or defense services utive Order 13088’’ (Appendices A and B to 31 MESSAGES FROM THE HOUSE sold commercially under a contract in the CFR Chapter V), received November 2, 1999; At 1:09 p.m., a message from the amount of $50,000,000 or more to Greece; to to the Committee on Banking, Housing, and House of Representatives, delivered by the Committee on Foreign Relations. Urban Affairs. Ms. Niland, one of its reading clerks, EC–6088. A communication from the Assist- EC–6097. A communication from the Assist- announced that the House has passed ant Secretary, Legislative Affairs, Depart- ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, pursuant to the ment of State, transmitting, pursuant to the the following bills, in which it requests Arms Export Control Act, a report relative Export-Import Bank of 1945 Act and Execu- the concurrence of the Senate: to certification of a proposed license for the tive Order 12660, a report relative to an Ex- H.R. 1693. An act to amend the Fair Labor export of defense articles or defense services port-Import Bank guarantee of the financing Standards Act of 1938 to clarify the overtime sold commercially under a contract in the of the sale of defense articles to Venezuela; exemption for employees engaged in fire pro- amount of $50,000,000 or more to Turkey; to to the Committee on Banking, Housing, and tection activities. the Committee on Foreign Relations. Urban Affairs.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29001 EC–6098. A communication from the Ad- the Federal Emergency Management Food requirements to military reserve techni- ministrator, Federal Highway Administra- and Shelter Program, and for other purposes. cians; to the Committee on Governmental tion, Department of Transportation, trans- By Mr. THOMPSON, from the Committee Affairs. mitting, pursuant to law, a report entitled on Governmental Affairs, without amend- By Mr. KERRY: ‘‘Fundamental Properties of Asphalts and ment: S. 1884. A bill to designate the building of Modified Asphalts-II’’; to the Committee on S. 1877. An original bill to amend the Fed- the United States Postal Service located at 5 Environment and Public Works. eral Report Elimination and Sunset Act of Cedar Street in Hopkinton, Massachusetts, EC–6099. A communication from the Direc- 1995. as the ‘‘Thomas J. Brown Post Office Build- tor, Office of Regulatory Management and f ing’’; to the Committee on Governmental Af- Information, Office of Policy, Planning and fairs. Evaluation, Environmental Protection Agen- EXECUTIVE REPORTS OF f cy, transmitting, pursuant to law, the report COMMITTEE SUBMISSION OF CONCURRENT AND of a rule entitled ‘‘Approval and Promulga- The following executive report of a tion of Implementation Plans; California SENATE RESOLUTIONS committee was submitted: State Implementation Plan Revision, Bay The following concurrent resolutions By Mr. ROTH for the Committee on Fi- Area Air Quality Management District’’ and Senate resolutions were read, and (FRL #6466–4), received November 1, 1999; to nance: the Committee on Environment and Public William A. Halter, of Arkansas, to be Dep- referred (or acted upon), as indicated: Works. uty Commissioner of Social Security for the By Mr. HELMS (for himself, Mr. BIDEN, EC–6100. A communication from the Direc- term expiring January 19, 2001. (New Posi- Mr. WELLSTONE, and Mr. LUGAR): tor, Office of Regulatory Management and tion) S. Res. 223. A resolution condemning the Information, Office of Policy, Planning and (The above nomination was reported violence in Chechnya; to the Committee on Evaluation, Environmental Protection Agen- Foreign Relations. with the recommendation that it be By Mr. CLELAND: cy, transmitting, pursuant to law, the report confirmed, subject to the nominee’s of a rule entitled ‘‘Federal Plan Require- S. Res. 224. A resolution expressing the ments for Municipal Solid Waste Landfills commitment to respond to requests to sense of the Senate to designate November That Commenced Construction Prior to May appear and testify before any duly con- 11, 1999, as a special day for recognizing the 30, 1991 and Have Not Been Modified or Re- stituted committee of the Senate.) members of the Armed Forces and the civilian employees of the United States who par- constructed Since May 30, 1991’’ (FRL #6469– f 8), received November 1, 1999; to the Com- ticipated in the recent conflict in Kosovo mittee on Environment and Public Works. INTRODUCTION OF BILLS AND and the Balkans; to the Committee on the EC–6101. A communication from the Direc- JOINT RESOLUTIONS Judiciary. tor, Office of Regulatory Management and By Mr. DURBIN (for himself, Mr. The following bills and joint resolu- FRIST, Mr. DEWINE, Mr. LEVIN, Mr. Information, Office of Policy, Planning and tions were introduced, read the first Evaluation, Environmental Protection Agen- KENNEDY, Mr. FEINGOLD, Mr. DORGAN, cy, transmitting, pursuant to law, the report and second time by unanimous con- Mrs. BOXER, Mr. MACK, Mr. DODD, and of a rule entitled ‘‘Persistent Bioaccumula- sent, and referred as indicated: Mr. THURMOND): tive Toxic (PBT) Chemicals; Lowering of Re- By Mr. THOMPSON: S. Res. 225. A resolution to designate No- porting Thresholds for Certain PBT Chemi- S. 1877. An original bill to amend the Fed- vember 23, 2000, Thanksgiving Day, as a day cals; Addition of Certain PBT Chemicals; eral Report Elimination and Sunset Act of to ‘‘Give Thanks, Give Life’’ and to discuss Community Right-to-Know Toxic Chemical 1995; from the Committee on Governmental organ and tissue donation with other family Reporting’’ (FRL #6839–11), received Novem- Affairs; placed on the calendar. members; to the Committee on the Judici- ber 1, 1999; to the Committee on Environ- By Mrs. HUTCHISON (for herself, Mr. ary. By Mr. GRAHAM (for himself and Mr. ment and Public Works. NICKLES, Mr. BROWNBACK, Mr. MACK): VOINOVICH, Mr. ASHCROFT, Mr. CRAIG, f S. Con. Res. 71. A concurrent resolution ex- Mr. ENZI, Mr. THOMAS, and Mr. pressing the sense of Congress that Miami, HELMS): REPORTS OF COMMITTEES Florida, and not a competing foreign city, S. 1878. A bill to amend the Fair Labor should serve as the permanent location for The following reports of committees Standards Act of 1938 to provide that an em- the Secretariat of the Free Trade Area of the were submitted: ployee’s ‘‘regular rate’’ for purposes of calcu- Americas (FTAA) beginning in 2005; to the By Mr. CAMPBELL, from the Committee lating compensation will not be affected by Committee on Finance. on Indian Affairs, with an amendment in the certain additional payments; to the Com- nature of a substitute: mittee on Health, Education, Labor, and f S. 964. A bill to provide for equitable com- Pensions. STATEMENTS ON INTRODUCED pensation for the Cheyenne River Sioux By Mr. MACK: BILLS AND JOINT RESOLUTIONS Tribe, and for other purposes (Rept. No. 106– S. 1879. A bill to promote international 217). monetary stability and to share seigniorage By Mrs. HUTCHISON (for herself, By Mr. THOMPSON, from the Committee with officially dollarized countries; to the Mr. NICKLES, Mr. BROWNBACK, on Governmental Affairs, with an amend- Committee on Banking, Housing, and Urban Mr. VOINOVICH, Mr. ASHCROFT, ment in the nature of a substitute: Affairs. Mr. CRAIG, Mr. ENZI, Mr. THOM- S. 1707. A bill to amend the Inspector Gen- By Mr. KENNEDY (for himself, Mr. AS, and Mr. HELMS): eral Act of 1978 (5 U.S.C. App.) to provide AKAKA, Mr. INOUYE, Mrs. LINCOLN, S. 1878. A bill to amend the Fair that certain designated Federal entities and Mr. WELLSTONE): S. 1880. A bill to shall be establishments under such Act, and amend the Public Health Service Act Labor Standards Act of 1938 to provide for other purposes (Rept. No. 106–218). to improve the health of minority in- that an employee’s ‘‘regular rate’’ for By Mr. CAMPBELL, from the Committee dividuals; to the Committee on purposes of calculating compensation on Indian Affairs, with an amendment in the Health, Education, Labor, and Pen- will not be affected by certain addi- nature of a substitute: sions. tional payments; to the Committee on S. 1508. A bill to provide technical and By Mr. DODD: Health, Education, Labor, and Pen- legal assistance for tribal justice systems S. 1881. A bill to amend chapter 84 of title sions. and members of Indian tribes, and for other 5, United States Code, to make certain tem- purposes (Rept. No. 106–219). porary Federal service creditable for retire- BONUS INCENTIVE ACT OF 1999 By Mr. HELMS, from the Committee on ment purposes; to the Committee on Govern- Mrs. HUTCHISON. Mr. President, I Foreign Relations, with an amendment in mental Affairs. rise today to introduce the Bonus In- the nature of a substitute: By Mrs. HUTCHISON (for herself and centive Act of 1999. I am joined in in- S. 1453. A bill to facilitate relief efforts and Mr. STEVENS): troducing this bill by my colleagues, a comprehensive solution to the war in S. 1882. A bill to expand child support en- Senators NICKLES, BROWNBACK, Sudan. forcement through means other than pro- VOINOVICH, ASHCROFT, CRAIG, ENZI, and By Mr. THOMPSON, from the Committee grams financed at Federal expense; to the THOMAS. This important legislation on Governmental Affairs, without amend- Committee on Finance. ment: By Mr. BINGAMAN: will give America’s hourly wage work- S. 1516. A bill to amend title III of the S. 1883. A bill to amend tile 5, United ers the same ability to receive per- Stewart B. McKinney Homeless Assistance States Code, to eliminate an inequity on the formance-based bonuses that salaried Act (42 U.S.C. 11331 et seq.) to reauthorize applicability of early retirement eligibility employees currently have.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29002 CONGRESSIONAL RECORD—SENATE November 8, 1999 Mr. President, under the Fair Labor Whatever type of gainsharing ar- significant shot-in-the-arm to their Standards Act, employers who give rangement an employer may have, take home pay. The Employee Policy performance-based bonuses (usually at there can be no doubt that these pro- Foundation reports that a median wage the end of the year) must go back and grams increase workers’ pay, produc- U.S. worker could earn between an ad- recalculate each employee’s hourly tivity, and contribute to higher cus- ditional $17,000 and $26,000 over a 20- base rate of pay and thus any overtime tomer satisfaction and better work- year period by participating in a per- pay they received must be adjusted ac- place relations. Studies have dem- formance-based bonus plan. cordingly. Often, the employer must onstrated that employees who partici- Why would anyone oppose this bill, spend many hours of accountants’ time pate in gainsharing arrangements on Mr. President? It is good for employers for relatively minor adjustments in average receive about 5 to 10 percent and employees alike. It means less pa- overtime pay. more pay from such participation, and perwork and more pay, less bureauc- This unnecessary and overly burden- many bonus programs allow employees racy and more productivity. some requirement discourages many to increase their base pay by as much Some have raised the concern that employers (those who even know about as 50 percent. employers may somehow attempt to this obscure provision) from providing Employees who participate in these disguise regular hourly pay as a performance-based bonus system to programs also report being more satis- gainsharing bonuses. While it would their hourly wage employees, while sal- fied on the job and to have a more posi- take a very ambitious employer to aried or ‘‘exempt’’ employees can enjoy tive attitude toward their employer. A make such a scheme profitable, par- such bonuses. Other employers attempt 1981 survey by the General Accounting ticularly considering the impact such to comply with the law by reclassifying Office found that over 80 percent of conduct would have on employee mo- bonuses as not being performance- firms they interviewed reported im- rale, there are protections in the bill based. The net result of this law has provements in labor-management rela- against such a possibility. been to hamper the productivity of the tions from such programs. Grievances First, the employer must provide all American worker and to trap unwary in such companies dropped 50 percent, employees, in writing, a detailed de- employers with unnecessary paperwork and absenteeism by 20 percent when scription of what the requirements and and even fines. benefits of the gainsharing plan will be. My legislation, the companion of gainsharing was offered to workers. Unfortunately, the majority of per- The actual formula by which the bonus which has been passed by the House formance-based bonus programs are of- is to be calculated must also be Education and Workforce Committee, fered only to one segment of the Amer- spelled-out. There can be no doubt would allow performance-based bo- ican workforce: those employees who about what the employee would be re- nuses to be paid to employees without quired to do and what he or she would the need to recalculate overtime pay, are salaried and therefore ‘‘exempt’’ stand gain. provided that employees are made fully from many of the strictures of the Fair Second, the employer is absolutely aware of the requirements of receiving Labor Standards Act. The other 70-plus prohibited from using a performance- such bonuses and provided that such million Americans who get paid by the based bonus to in any way replace the bonuses are not used as a substitute for hour are precluded from fully partici- hourly wage pay the employee would hourly pay. pating in these programs. Why is this? Mr. President, when the Fair Labor If performance bonuses work so well, otherwise have received. In fact, the Standards Act (FLSA) was enacted in why aren’t they offered to more hourly bill requires that the plan be ‘‘estab- 1938, over 60 years ago, employers typi- wage workers? lished and maintained in good faith for cally rewarded only their management The answer is that the 61-year-old the purpose of distributing to employ- personnel for the level of their achieve- FLSA requires that when such bonuses ees additional remuneration over and ment with performance-based bonuses. are provided to hourly workers, the above the wages and salaries that are Such bonus programs for employees employer must then re-calculate each not dependent upon the existence of were very rare. But times have employee’s ‘‘regular rate’’ of pay, such plan.’’ If an employer should vio- changed, and so has the American which in turn requires a recalculation late this and, for example, but workers workplace. With the rise of the service- of worker’s overtime pay. This process pay and substitute that for bonus pay, sector, post-industrial economy, in- of recalculating employee overtime can that employer would be subject to the creased competition from overseas, and consume substantial administrative same civil and even criminal sanctions the growing importance of workplace time, often for very little in the way of as he would for any violation of the productivity and efficiency, additional overtime pay. One human Fair Labor Standards Act, which is ‘‘gainsharing’’ and other performance- resources director testified before Con- vigorously enforced by the U.S. Depart- based bonus programs for workers are gress that it took four people 160 hours ment of Labor’s Wage and Hour Divi- commonplace. to calculate the bonuses for 235 em- sion. Such programs are as varied as they ployees. But the truth is, Mr. President, that are common. The model that comes This requirement can be particularly there is very little reason for employ- first to mind is a bonus based on the burdensome for many of the nation’s ers today to abuse this provision, and number of items a factory worker pro- millions of small businesses that may every reason in the world to use it for duces in a month, quarter, or year. But not have computer hardware and soft- the betterment of employees and to the gainsharing programs are equally ef- ware that can run these types of cal- long-term success of the company. If fective in the service sector. Pam Farr, culations. For employers who must try the tremendous economic revolution former senior vice president for Mar- to do these calculations by hand, it can and growth we have witnessed in the riott Lodging and now president of the be such a headache that the employer last two decades has taught us any- Cabot Advisory Group, recently testi- will either drop the bonus program al- thing, it is that wealth is not a zero- fied before the House Education and together or simply ignore the law, both sum game. Our economy continues to the Workforce Committee that Mar- of which are obviously undesirable out- outstrip that of the rest of the world riott used gainsharing plans for house- comes. not because we have more natural re- keeping and customer service per- The Bonus Incentive Act I am intro- sources: other countries have more oil, sonnel that rewarded employees for the ducing today will alleviate this unnec- gold, timber, and other resources than cleanliness of rooms, and customer essary and counterproductive require- we. It is because the productive capac- service evaluations. Cordant Tech- ment, and allow all employees to parity, ingenuity, and entrepreneurship of nologies, which makes solid rocket ticipate equally in gainsharing pro- the American people is allowed to boosters for the space shuttle, rewards grams. In fact, by extending these pro- flourish under our system. its workers for achieving goals involv- grams to hourly wage employees who, Outdated laws such as this must be ing workplace safety, customer satis- on average, make less than their sala- revised if we are to continue to enjoy faction, and indirect cost reduction. ried counterparts, this bill could be a the growing fruits of our labor. The

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29003 Bonus Incentive Act will help accom- whom had identical medical histories, children, racial and ethnic disparities plish this goal, and I urge my col- insurance coverage, and occupations. exist among young Americans as well. leagues to support and pass it. While 91 percent of the white males, Minority children are less likely to re- white females, and African American ceive prescription medications, and By Mr. KENNEDY (for himself, males in the study were referred for they have lower immunization rates Mr. AKAKA, Mr. INOUYE, Mrs. cardiac catheterization, a more effec- than white children. Inadequate health LINCOLN, and Mr. WELLSTONE): tive but more expensive diagnostic pro- care places a barrier in the path of S. 1880. A bill to amend the Public cedure, only 79 percent of the African healthy development for minority chil- Health Service Act to improve the American females in the study were re- dren, and that is an unfair disadvan- health of minority individuals; to the ferred for this test. tage. Committee on Health, Education, A study published in the New Eng- The Health Care Fairness Act of 1999 Labor, and Pensions. land Journal of Medicine last month addresses these racial and ethnic HEALTH CARE FAIRNESS ACT OF 1999 found similar disparities in the treat- health disparities in many ways. It Mr. KENNEDY. Mr. President, over ment of lung cancer. Patients whose contains sections on research, data col- the past few decades, we have made ex- tumors are discovered early are often lection, medical education, and out- traordinary advances as a nation in able to be cured with surgery. This reach. Each of these aspects has an im- science and medicine. Unfortunately, study found that African American pa- portant role to play in the reduction those advances are not benefitting all tients with tumors small enough to be and eventual elimination of these un- of our citizens equally. Minority com- surgically removed were treated sur- acceptable health disparities. munities suffer disproportionately gically in only 64 percent of cases, com- Title I establishes a Center for Re- from many severe health problems. pared with 77 percent of white patients search on Minority Health at the Na- We know that poverty, lack of health treated surgically. As a result, African tional Institutes of Health. The Center insurance, and other barriers to care Americans have only a 26 percent will oversee the development of an continue to undermine the health of chance of surviving lung cancer, com- NIH-wide strategic plan for minority minorities. Clearly we need to do more pared with a 34 percent survival rate health research. This step will enable to give all Americans the fair chance for whites. those concerned with the advancement for a healthy future that they deserve. Other types of cancer also strike ra- of research on minority health, both The Administration has taken impor- cial and ethnic minorities in dispropor- inside and outside NIH, to monitor the tant steps to address this challenge. tionate numbers. Vietnamese Amer- progress of NIH in this area. The Cen- Last year, the President announced the ican women are five times more likely ter will award Centers of Excellence Initiative to Eliminate Racial and Eth- than white women to contract cervical grants to institutions across the coun- nic Disparities in Health. This initia- cancer. Hispanic women are twice as try that serve under-represented popu- tive, led by the Department of Health likely to contract cervical cancer. Na- lations. These funds will be used to and Human Services, has identified tive Hawaiian men are 13 percent more conduct research into the nature, several areas where new commitments, likely to contact lung cancer. Alaskan causes, and remedies for health new ideas, and new resources are nec- Native women are 72 percent more like- disparties, to train minorities to be- essary. The goal is to eliminate dis- ly to contract colon cancer and rectal come biomedical research profes- parities in the areas of cardiovascular cancer, when compared with whites. In sionals, to improve the infrastructure disease, cancer screening and manage- addition, African Americans and His- for conducting biomedical research on ment, diabetes, infant mortality, HIV/ panic Americans are more likely to be health disparties, and to provide long- AIDS, and immunizations by 2010. This diagnosed with cancer once the disease term stability to these biomedical re- ambitious goal cannot be met without has reached an advanced stage. For Af- search programs. a major effort to improve research on rican Americans, the result is a 35 per- Changing attitudes about race and the health of minorities and develop cent higher death rate. ethnic backgrounds are an ongoing the steps needed to reduce these dis- The Institute of Medicine, issued a challenge for all sectors of our society. parities. report last February concluding that The Georgetown study does not con- Today, Senators AKAKA, INOUYE, LIN- federal efforts to research cancer in clude that most doctors are racist. No COLN, WELLSTONE, and I are intro- minority communities are insufficient. such assumptions are drawn from its ducing the Health Care Fairness Act of The report recommended an increase in results. What is shown is that health 1999, to secure the commitment and re- resources and the development of a care providers, like all members of our sources needed in each of these areas to strategic plan to coordinate this re- society, enter their profession with ensure that minorities have a fair search. The results of this study con- perceptions and biases related to race. chance for improved health. firm that while NIH has been ex- Many industries have confronted racial Minority populations suffer dis- tremely successful in producing med- sensitivity issues in their training pro- proportionately from cardiovascular ical breakthroughs that improve grams. This study shows that such disease. They have a greater risk of de- health care, those breakthroughs do training must also be a part of medical veloping high blood pressure, and are not always reach into racial and ethnic education, for both new students and less likely to receive treatment to communities. experienced practitioners alike. manage the condition after it develops. The same troubling differences are To help health care providers im- As a result, African Americans are 40 found with HIV/AIDS. The powerful prove their ability to work with pa- percent more likely to die from coro- new drugs that have dramatically de- tients of different backgrounds, we nary heart disease than whites. creased AIDS deaths and prevented or must also develop educational tech- A Georgetown University study pub- delayed progression from HIV to AIDS niques that are effective in improving lished in the New England Journal of for so many citizens are not reaching this aspect of health care delivery. Medicine last February found that bias minorities in proportion to their need. Title II of the Health Care Finance Act in the decisions made by doctors is a Racial and ethnic minorities make up establishes demonstration projects to factor in the treatment that African approximately 25 percent of the total develop effective educational tech- Americans receive when they suffer population, but these groups account niques such as courses that focus on re- from heart disease. These findings are for over half of all AIDS cases. The dis- ducing racial and ethnic disparties in based on an experiment where physi- parity is even greater for African health care. cians volunteered to view a video of ac- American and Hispanic women, who ac- The close connection between race tors posing as patients with significant count for nearly 80 percent of the AIDS and poverty in this country has had a symptoms of heart disease. The physi- cases reported among women. significant negative impact on the ac- cians were asked to prescribe further In spite of recent bipartisan efforts cess of minority communities to qual- interventions for each ‘‘patient,’’ all of to increase access to health care for all ity health care. Reducing racial and

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29004 CONGRESSIONAL RECORD—SENATE November 8, 1999 ethnic health disparties will require a Sec. 1. Short title; table of contents. approximately 10 percent of all infant deaths better understanding of issues beyond Sec. 2. Findings. in the first year of life. Minority populations effective treatments and other ques- TITLE I—IMPROVING MINORITY HEALTH are at greater risk for SIDS. In addition to tions of basic science. Barriers to care, THROUGH THE NATIONAL INSTITUTES the greater risks among African Americans, the rates are 3 to 4 times as high for some poor quality health services, and the OF HEALTH Sec. 101. Research on minority health. Native American and Alaskan Native popu- lack of useful outcome measures are lations. ‘‘PART J—RESEARCH ON MINORITY HEALTH all part of this complex problem. Title (7) Cardiovascular disease is the leading III of our bill strengthens the federal ‘‘Sec. 499A. Establishment of Center. cause of death for all racial and ethnic commitment to these social science as- ‘‘Sec. 499B. Advisory Council. groups. Major disparities exist among popu- ‘‘Sec. 499C. Comprehensive plan and lation groups, with a disproportionate bur- pects of health disparties. It directs the budget. Agency for Health Care Policy and Re- den of death and disability from cardio- ‘‘Sec. 499D. Center funding. vascular disease in minority and low-income search to conduct and support research ‘‘Sec. 499E. Centers of excellence for re- populations. Stroke is the only leading cause search on health disparities and in these areas, to promote effective of death for which mortality is higher for training. interventions in minority commu- Asian-American males than for white males. ‘‘Sec. 499F. Loan repayment program for nities, and to develop outcome meas- (8) Racial and ethnic minorities have high- biomedical research. ures to assess and improve health care er rates of hypertension, tend to develop hy- ‘‘Sec. 499G. Additional authorities. for minority populations. ‘‘Sec. 499H. General provisions regarding pertension at an earlier age, and are less Measuring our progress in reducing the Center. likely to undergo treatment to control their these racial and ethnic disparties will high blood pressure. TITLE II—MEDICAL EDUCATION (9) Diabetes, the seventh leading cause of also require reliable and complete data Sec. 201. Grants for health care education on miniority health. In order to pro- death in the United States, is a serious pub- curricula development. lic health problem affecting racial and eth- vide reliable information on the health Sec. 202. National Conference on Continuing nic communities. The prevalence of diabetes status of minority communities, Title Health Professional Education in African Americans is approximately 70 IV of our bill directs the National and Disparity in Health Out- percent higher than whites and the preva- Academy of Sciences to conduct a comes. lence in Hispanics is nearly double that of study of the data collection and report- Sec. 203. Advisory Committee. whites. The prevalence rate of diabetes Sec. 204. Cultural competency clearing- among Native Americans and Alaskan Na- ing systems at the Department of house. Health and Human Services that in- tives is more than twice that for the total TITLE III—MINORITY HEALTH RE- population and at least 1 tribe, the Pimas of clude race and ethnicity. SEARCH BY THE AGENCY FOR HEALTH This study will evaluate the effec- Arizona, have the highest known prevalence CARE POLICY AND RESEARCH. of diabetes of any population in the world. tiveness of data collection at HHS and Sec. 301. Minority health research by the (10) The human immunodeficiency virus recommend improvements for ensuring Agency for Health Care Policy (referred to in this section as ‘‘HIV’’), which that reliable and complete information and Research. causes acquired immune deficiency syn- on racial and ethnic health disparties TITLE IV—DATA COLLECTION RELATING drome (referred to in this section as is available. TO RACE OR ETHNICITY ‘‘AIDS’’), results in disproportionate suffering in minority populations. Minority per- The estimated cost of these provi- Sec. 401. Study and report by National Acad- sons represent 25 percent of the total United sions for fiscal year 2000 totals just emy of Sciences. under $350 million. The estimated cost States population, but 54 percent of all cases TITLE V—PUBLIC AWARENESS of AIDS. in subsequent years is approximately Sec. 501. Public awareness. (11) More than 75 percent of AIDS cases re- $260 million. This is a small price when SEC. 2. FINDINGS. ported among women and children occur in compared to the damage that racial Congress makes the following findings: minority women and children. and ethnic health disparties are caus- (1) The United States ranks below most in- (12) Nearly 2 of 5 (38 percent) Hispanic ing in so many communities. We all dustrialized nations in health status as adults, 1 of 4 (24 percent) African American know that in the long run better health measured by longevity, sickness, and mor- adults, and 1 of 4 (24 percent) Asian-Amer- is always less expensive than sickness tality. ican adults are uninsured, compared with 1 and hospitalization. (2) The United States ranks 24th among in- of 7 (14 percent) white adults. We know that many other structural, dustrialized nations in infant mortality. (13) Elderly minorities experience dispari- (3) This poor rank in health status is at- ties in access to care and health status, in personal, and historical factors contributed in large measure to the lower health part because medicare covers only half the tribute to racial and ethnic disparties status of America’s minority populations. health care expenses of older Americans. in health care. Our legislation asks (4) Many minority groups suffer dispropor- (14) Two of 5 Hispanic and 2 of 5 African that we make the elimination of these tionately from cancer. Disparities exist in Americans age 65 and older rate their health disparties a higher priority. It asks both mortality and incidence rates. For men status as fair or poor, compared with less that we do all we can to develop the and women combined, African Americans than 1 of 4 (23 percent) white Americans 65 knowledge necessary to do better. The have a cancer death rate about 35 percent and over. result will be a fairer chance for the higher than that for whites. Paralleling the (15) Nearly 2 of 5 (39 percent) African death rate, the incidence rate for lung cancer American adults and almost half (46 percent) healthy future that all Americans de- in African American men is about 50 percent of Hispanic adults report that they do not serve, and I look forward to early ac- higher than white men. Native Hawaiian have a regular doctor, compared with 1 of 4 tion by Congress on this needed legisla- men also have elevated rates of lung cancer (26 percent) of white adults. tion. compared with white men. Alaskan Native (16) Minority Americans 65 and older are Mr. President, I ask unanimous con- men and women suffer from higher rates of less likely to have a regular doctor or to see sent that the full text of the bill and cancers of the colon and rectum than do a specialist. the accompanying letters and state- whites. Vietnamese women in the United (17) Ninety percent of minority physicians ment of support be printed in the States have a cervical cancer incidence rate produced by Historically Black Medical Col- more than 5 times greater than white leges live and serve in minority commu- RECORD. There being no objection, the mate- women. Hispanic women also suffer elevated nities. rates of cervical cancer. (18) Almost half (45 percent) of Hispanic rial was ordered to be printed in the (5) Infant death rates among African Amer- adults, 2 of 5 (41 percent) Asian-American RECORD, as follows: ican, Native Americans and Alaskan Natives, adults, and more than 1 of 3 (35 percent) Afri- S. 1880 and Hispanics were well above the national can American adults report difficulty paying Be it enacted by the Senate and House of Rep- average. The greatest disparity exists for Af- for medical care, compared with 1 of 4 (26 resentatives of the United States of America in rican Americans. The overall Native Amer- percent) white adults. Congress assembled, ican rate does not reflect the diversity (19) Despite suffering disproportionate SECTION 1. SHORT TITLE; TABLE OF CONTENTS. among Indian communities, some of which rates of illness, death, and disability, minori- (a) SHORT TITLE.—This Act may be cited as have infant mortality rates approaching ties have not been proportionately rep- the ‘‘Health Care Fairness Act of 1999’’. twice the national rate. resented in many clinical research trials, ex- (b) TABLE OF CONTENTS.—The table of con- (6) Sudden infant death syndrome (referred cept in studies of behavioral risk factors as- tents of this Act is as follows: to in this section as ‘‘SIDS’’) accounts for sociated with negative stereotypes.

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(20) Culturally sensitive approaches to re- stitutes of Health, and the advisory councils ‘‘(2) MINORITY HEALTH RESEARCH.—The search are needed to encourage minority par- of such agencies. term ‘minority health research’ means basic ticipation in research studies. ‘‘(4) COORDINATION.—The Director of the and clinical research on minority health con- (21) There is a national need for minority Center shall act as the primary Federal offi- ditions, including research on preventing scientists in the field of biomedical, clinical, cial with responsibility for monitoring all such conditions. and health services research. minority health research conducted or sup- ‘‘SEC. 499B. ADVISORY COUNCIL. (22) In 1990, only 3.3 percent of all United ported by the National Institutes of Health, ‘‘(a) IN GENERAL.—The Secretary shall es- States medical school faculties were under- and— tablish an advisory council (referred to in represented minority persons. ‘‘(A) shall serve to represent the National this part as the ‘Advisory Council’), pursuant (23) Only 1 percent of full professors were Institutes of Health minority health re- to the Federal Advisory Committee Act, for underrepresented minority persons in 1990. search program at all relevant Executive the purpose of providing advice to the Direc- (24) The proportion of underrepresented branch task forces, committees and planning tor of the Center on carrying out this part. minorities in high academic ranks, such as activities; and ‘‘(b) COMPOSITION.—The Advisory Council professors and associated professors, de- ‘‘(B) shall maintain communications with shall be composed of not less than 18, and not creased from 1980 to 1990. all relevant Public Health Service agencies more than 24 individuals, who are not offi- (25) African Americans with identical com- and with various other departments of the cers or employees of the Federal Govern- plaints of chest pain are less likely than Federal Government, to ensure the timely ment, to be appointed by the Secretary. A white Americans to be referred by physicians transmission of information concerning ad- majority of the members of the Advisory for sophisticated cardiac tests. vances in minority health research between Council shall be individuals with dem- (26) Cultural competency training in med- these various agencies for dissemination to onstrated expertise regarding minority ical schools and residency training programs affected communities and health care pro- health issues. The Advisory Council shall include representatives of communities im- has the potential to reduce disparities in viders. pacted by racial and ethnic health dispari- health care and health outcomes. ‘‘(d) INNOVATIVE GRANTS.— ties. The Director of the Center shall serve (27) More detailed data on health dispari- ‘‘(1) IN GENERAL.—The Director of the Cen- as the chairperson of the Advisory Council. ties is needed to— ter, in consultation with the Advisory Coun- ‘‘SEC. 499C. COMPREHENSIVE PLAN AND BUDGET. (A) evaluate the impact that race and eth- cil, shall identify areas of insufficient minor- ‘‘(a) IN GENERAL.—Subject to this section nicity have on health status, access to care, ity health research at the Institutes and and other applicable law, the Director of the and quality of care; and Centers, and shall provide funds to the Insti- tutes and Centers for the awarding of peer- Center (in consultation with the Advisory (B) enforce existing protections for equal reviewed grants for innovative projects that Council) and the members of the Task Force access to care. address high priority areas of minority established under section 499A, in carrying TITLE I—IMPROVING MINORITY HEALTH health research that are not adequately ad- out section 499A, shall— THROUGH THE NATIONAL INSTITUTES dressed by other Institutes or Centers. ‘‘(1) establish a comprehensive plan and OF HEALTH ‘‘(2) EXCEPTIONAL CIRCUMSTANCES.— budget for the conduct and support of all mi- SEC. 101. RESEARCH ON MINORITY HEALTH. ‘‘(A) IN GENERAL.—If the Director of the nority health research activities of the agen- Title IV of the Public Health Service Act Center determines that the Institutes or cies of the National Institutes of Health (42 U.S.C. 281 et seq.) is amended by adding Centers are unwilling or unable to award a (which plan shall be first established under at the end the following: grant under paragraph (1) for the conduct of this subsection not later than 12 months ‘‘PART J—RESEARCH ON MINORITY a research project identified under such after the date of the enactment of this part), HEALTH paragraph, the Director, in consultation which budget shall be submitted to the Sec- with the Advisory Council, shall award 1 or retary, the Director of the Office of Manage- ‘‘SEC. 499A. ESTABLISHMENT OF CENTER. more peer reviewed grants to support such ment and Budget and Congress and included ‘‘(a) IN GENERAL.—There is established research project. in the annual budget justification for the Na- within the National Institutes of Health an ‘‘(B) LIMITATION.—The total amount of tional Institutes of Health; organization to be known as the Center for grants awarded under subparagraph (A) for a ‘‘(2) ensure that the plan and budget estab- Research on Minority Health and Health Dis- fiscal year shall not exceed an amount equal lishes priorities, consistent with sound med- parities (referred to in this part as the ‘Cen- to 10 percent of the total final budget for the ical and scientific judgment, among the mi- ter’). The Center shall be headed by a direc- minority health disparities comprehensive nority health research activities that such tor, who shall be appointed by the Secretary plan for the National Institutes of Health for agencies are authorized to carry out; and shall report to the Director of the Na- the fiscal year, or $130,000,000, whichever is ‘‘(3) ensure that the plan and budget estab- tional Institutes of Health. greater. lishes objectives regarding such activities, ‘‘(b) TASK FORCE.—The Director of the Cen- ‘‘(3) ADMINISTRATION OF RESEARCH PRO- describes the means for achieving the objec- ter shall chair a trans-NIH task force that is POSALS.— tives, and designates the date by which the composed of Institute Directors, NIH senior ‘‘(A) REQUESTS.—The Director of the Cen- objectives are expected to be achieved; staff, and representatives of other public ter may issue requests for research proposals ‘‘(4) ensure that all amounts appropriated health agencies, that will establish a com- in areas identified under paragraph (2)(A). for such activities are expended in accord- prehensive plan and budget estimates under ‘‘(B) DELEGATION.—The Director of the ance with the plan and budget; section 499C for minority health that should Center may delegate responsibility for the ‘‘(5) review the plan and budget not less be conducted or supported by the national review and management of research pro- than annually, and coordinate revisions to research institutes, and shall recommend an posals under this subsection to another In- the plan as appropriate; and agenda for conducting and supporting such stitute or Center, or to the Center for Sci- ‘‘(6) ensure that the plan and budget serve research. entific Review. as a broad, binding statement of policies re- ‘‘(c) DUTIES.— ‘‘(C) FINAL APPROVAL.—The Director of the garding minority health research activities ‘‘(1) INTERAGENCY COORDINATION OF MINOR- Center may issue a final approval of research of the agencies, but does not remove the re- ITY HEALTH RESEARCH.—With respect to mi- awards under paragraph (1) so long as such sponsibility of the heads of the agencies for nority health, the Director of the Center approval is provided within 30 days of the the approval of specific programs or projects, shall facilitate the establishment of, and date on which the award is approved by an grant management, or for other details of provide administrative support to, the task Institute or Center. the daily administration of such activities, force referred to in subsection (b) to plan, co- ‘‘(e) DEFINITIONS.—In this part: in accordance with the plan and budget. ordinate, and evaluate all research con- ‘‘(1) MINORITY HEALTH CONDITIONS.—The ‘‘(b) CERTAIN COMPONENTS.—With respect ducted at or funded by NIH. term ‘minority health conditions’, with re- to minority health research activities of the ‘‘(2) MINORITY HEALTH RESEARCH INFORMA- spect to individuals who are members of ra- agencies of the National Institutes of Health, TION SYSTEM.—The Director of the Center cial, ethnic, and indigenous (including Na- the plan and budget shall— shall establish a minority health research in- tive Americans, Alaskan Natives, and Native ‘‘(1) provide for basic research; formation system in order to track minor- Hawaiians) minority groups, means all dis- ‘‘(2) provide for clinical research; ity-related research, training, and construc- eases, disorders, and conditions (including ‘‘(3) provide for research that is conducted tion. The system shall capture, for each mi- with respect to mental health)— by the agencies; nority-related research, training, or con- ‘‘(A) unique to, more serious, or more prev- ‘‘(4) provide for research that is supported struction project year-end data. alent in such individuals; by the agencies; ‘‘(3) CONSULTATIONS.—The Director of the ‘‘(B) for which the factors of medical risk ‘‘(5) provide for proposals developed pursu- Center shall carry out this part (including or types of medical intervention are dif- ant to solicitations by the agencies and for developing and revising the plan required in ferent for such individuals; or proposals developed independently of such section 499C) in consultation with the Advi- ‘‘(C) which have been found to result in solicitations; and sory Council established under section 499B, health disparities but for which insufficient ‘‘(6) provide for prevention research, behav- the heads of the agencies of the National In- research has been conducted. ioral research and social sciences research.

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‘‘(c) APPROVAL.—The plan and budget es- ‘‘(B) has been effective in assisting under- the center will, before expending the grant, tablished under this section are subject to represented minority students of the institu- expend the Federal amounts obtained from the approval of the Director of the Center tion to complete the program of education sources other than the grant. and the Director of the National Institutes and receive the degree involved; ‘‘SEC. 499F. LOAN REPAYMENT PROGRAM FOR of Health. ‘‘(C) has been effective in recruiting under- BIOMEDICAL RESEARCH. ‘‘(d) BUDGET ITEMS FOR MINORITY represented minority individuals to enroll in ‘‘(a) IN GENERAL.—The Secretary, acting HEALTH.—In the Budget of the United States and graduate from the institution, including through the Director of the National Insti- that is submitted to Congress by the Presi- providing scholarships and other financial tutes of Health, shall establish a program of dent, the President shall, with respect to assistance to such individuals and encour- entering into contracts with qualified health each Institute or agency of the National In- aging under-represented minority students professionals under which such health pro- stitutes of Health, include a separate line from all levels of the educational pipeline to fessionals agree to engage in minority health item account for the amount that each such pursue biomedical research careers; and research or research into the nature of Institute or agency requests for minority ‘‘(D) has made significant recruitment ef- health disparities that affect racial, ethnic, health activities. forts to increase the number of under-rep- and indigenous populations, in consideration ‘‘SEC. 499D. CENTER FUNDING. resented minority individuals serving in fac- of the Federal Government agreeing to ‘‘For the purpose of carrying out adminis- ulty or administrative positions at the insti- repay, for each year of such service, not trative functions related to minority health tution. more than $35,000 of the principal and inter- research activities under the plan under sec- ‘‘(2) CONSORTIUM.—Any designated bio- est of the educational loans of such health tions 499A, 499B, and 499C, there are author- medical research institution involved may, professionals. ized to be appropriated $100,000,000 for fiscal with other biomedical institutions (des- ‘‘(b) SERVICE PROVISIONS.—The provisions year 2000, and such sums as may be necessary ignated or otherwise) form a consortium to of sections 338B, 338C, and 338E shall, except for each of fiscal years 2001 through 2004. carry out the purposes described in sub- as inconsistent with subsection (a), apply to ‘‘SEC. 499E. CENTERS OF EXCELLENCE FOR RE- section (b) at the institutions of the consor- the program established in such subsection SEARCH ON HEALTH DISPARITIES tium. (a) to the same extent and in the same man- AND TRAINING. ‘‘(3) APPLICATION OF CRITERIA TO OTHER ner as such provisions apply to the National ‘‘(a) IN GENERAL.—The Secretary, acting PROGRAMS.—In the case of any criteria estab- Health Service Corps Loan Repayment Pro- through the Director of the National Insti- lished by the Secretary for purposes of deter- gram established in subpart III of part D of tutes of Health, shall make grants to, and mining whether institutions meet the condi- title III. enter into contracts with, designated bio- tions described in paragraph (1), this section ‘‘(c) AVAILABILITY OF APPROPRIATIONS.— medical research institutions described in may not, with respect to racial, ethnic, and Amounts available for carrying out this sec- subsection (c), and other public and non- indigenous minorities, be construed to au- tion shall remain available until the expira- profit health or educational entities, for the thorize, require, or prohibit the use of such tion of the second fiscal year beginning after purpose of assisting the institutions in sup- criteria in any program other than the pro- the fiscal year for which the amounts were porting programs of excellence in biomedical gram established in this section. made available. research education for under-represented mi- ‘‘(d) DURATION OF GRANT.—The period dur- ‘‘(d) HEALTH DISPARITIES.—In carrying out nority individuals. ing which payments are made under a grant this section, the Secretary shall take steps ‘‘(b) REQUIRED USE OF FUNDS.— under subsection (a) may not exceed 5 years. sufficient to ensure the active participation ‘‘(1) IN GENERAL.—The Secretary may not Such payments shall be subject to annual ap- of appropriately qualified minority heath make a grant under subsection (a) unless the proval by the Secretary and to the avail- professionals, including extensive outreach designated biomedical research institution ability of appropriations for the fiscal year and recruitment efforts. In complying with involved agrees, subject to subsection involved to make the payments. this subsection, the Secretary shall waive (c)(1)(B), to expend the grant— ‘‘(e) DEFINITIONS.—In this section: the requirement that the recipients of loan ‘‘(A) to conduct minority health research ‘‘(1) MINORITY.—The term ‘minority’ means repayment assistance agree to engage in mi- and research into the nature of health dis- an individual from a racial or ethnic group nority health research or research into the parities that affect racial, ethnic, and indig- that is under-represented in health research. nature of health disparities that affect ra- enous minorities, the causes of such dispari- ‘‘(2) PROGRAM OF EXCELLENCE.—The term cial, ethnic and indigenous populations. ties, and remedies for such disparities; ‘program of excellence’ means any program ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) to train minorities as professionals in carried out by a designated biomedical re- For the purpose of carrying out this section, the area of biomedical research; search institution with a grant made under there are authorized to be appropriated such ‘‘(C) to expand, remodel, renovate, or alter subsection (a), if the program is for purposes sums as may be necessary for each of the fis- existing research facilities or construct new for which the institution involved is author- cal years 2000 through 2004. research facilities for the purpose of con- ized in subsection (b) or (c) to expend the ‘‘SEC. 499G. ADDITIONAL AUTHORITIES. ducting biomedical research related to grant. ‘‘(a) IN GENERAL.—In overseeing and sup- health disparities; or ‘‘(f) FUNDING.— porting minority health research, the Direc- ‘‘(D) to establish or increase an endowment ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— tor of the Center— fund in accordance with paragraph (2). For the purpose of making grants under sub- ‘‘(1) shall assist the Director of the Na- ‘‘(2) ENDOWMENT FUNDS.— section (a), there are authorized to be appro- tional Center for Research Resources in car- ‘‘(A) IN GENERAL.—Except as provided in priated such sums as may be necessary for rying out section 481(c)(3) and in committing subparagraph (B), an institution that meets each of the fiscal years 2000 through 2004. resources for construction at Institutions of the requirements of subparagraph (B) may ‘‘(2) NO LIMITATION.—Nothing in this sub- Emerging Excellence; utilize not to exceed 35 percent of the section shall be construed as limiting the ‘‘(2) shall assist in the administration of amounts received under a grant under sub- centers of excellence referred to in this sec- section 492B with respect to the inclusion of section (a) to establish or increase an endow- tion to the designated amount, or to pre- members of minority groups as subjects in ment fund at the institution. Amounts used clude such entities from competing for other clinical research; and under this subparagraph shall be dedicated grants under this section. ‘‘(3) subject to section 405(b)(2) and without exclusively to the support of biomedical re- ‘‘(3) MAINTENANCE OF EFFORT.— regard to section 3324 of title 31, United search and the associated costs of such re- ‘‘(A) IN GENERAL.—With respect to activi- States Code, and section 3709 of the Revised search. ties for which a grant made under this part Statutes (41 U.S.C. 5), may enter into such ‘‘(B) REQUIREMENTS.—To be eligible to use are authorized to be expended, the Secretary contracts and cooperative agreements with funds as provided for under subparagraph may not make such a grant to a center of ex- any public agency, or with any person, firm, (A), an institution shall not have a endow- cellence for any fiscal year unless the center association, corporation, or educational in- ment fund that is worth in excess of an agrees to maintain expenditures of non-Fed- stitution, as may be necessary to expedite amount equal to 50 percent of the national eral amounts for such activities at a level and coordinate minority health research. average of all endowment funds at all insti- that is not less than the level of such ex- ‘‘(b) REPORT TO CONGRESS AND THE SEC- tutions that are of the same biomedical re- penditures maintained by the center for the RETARY.—The Director of the Center shall search discipline. fiscal year preceding the fiscal year for each fiscal year prepare and submit to the ‘‘(c) CENTERS OF EXCELLENCE.— which the institution receives such a grant. appropriate committees of Congress and the ‘‘(1) GENERAL CONDITIONS.—The conditions ‘‘(B) USE OF FEDERAL FUNDS.—With respect Secretary a report— specified in this paragraph are that a des- to any Federal amounts received by a center ‘‘(1) describing and evaluating the progress ignated biomedical research institution— of excellence and available for carrying out made in such fiscal year in minority health ‘‘(A) has a significant number of under-rep- activities for which a grant under this part research conducted or supported by the In- resented minority individuals enrolled in the is authorized to be expended, the Secretary stitutes; institution, including individuals accepted may not make such a grant to the center for ‘‘(2) summarizing and analyzing expendi- for enrollment in the institution; any fiscal year unless the center agrees that tures made in such fiscal year for activities

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29007 with respect to minority health research Deputy Assistant Secretary for Minority grants, contracts, or cooperative under para- conducted or supported by the National In- Health, may make awards of grants, con- graph (1) in each of the first and second fis- stitutes of Health; and tracts, or cooperative agreements to public cal years for which funds are available under ‘‘(3) containing such recommendations as and nonprofit private entities for the pur- subsection (f). The term of each such grant the Director considers appropriate. pose of carrying out research projects and shall be 3 years. ‘‘(c) PROJECTS FOR COOPERATION AMONG demonstration projects to develop curricula ‘‘(c) DISTRIBUTION OF PROJECTS.—The Sec- PUBLIC AND PRIVATE HEALTH ENTITIES.—In to reduce disparity in health care outcomes, retary shall ensure that, to the extent prac- carrying out subsection (a), the Director of including curricula and faculty development ticable, projects under subsections (a) and the Center shall establish projects to pro- for cultural competency in graduate and un- (b) are carried out in each of the principal mote cooperation among Federal agencies, dergraduate health professions education. geographic regions of the United States and State, local, and regional public health agen- ‘‘(2) ELIGIBILITY.—To be eligible to receive address issues associated with different mi- cies, and private entities, in minority health a grant, contract or cooperative agreements nority groups and health professions. research. under paragraph (1), an entity shall— ‘‘(d) MONITORING.—An entity that receives ‘‘SEC. 499H. GENERAL PROVISIONS REGARDING ‘‘(A) be a school of medicine, school of os- a grant, contract or cooperative agreement THE CENTER. teopathic medicine, school of dentistry, under subsection (a) or (b) shall ensure that ‘‘(a) ADMINISTRATIVE SUPPORT FOR CEN- school of public health, school of nursing, procedures are in place to monitor activities TER.—The Secretary, acting through the Di- school of pharmacy, school of allied health, undertaken using grant, contract or coopera- rector of the National Institutes of Health, or other recognized health profession school; tive agreement funds. Such entity shall an- shall provide administrative support and and nually prepare and submit to the Secretary a support services to the Director of the Cen- ‘‘(B) prepare and submit to the Secretary report concerning the effectiveness of cur- ter and shall ensure that such support takes an application at such time, in such manner, ricula developed under the grant contract or maximum advantage of existing administra- and containing such information as the Sec- cooperative agreement. tive structures at the agencies of the Na- retary may require. ‘‘(e) REPORT TO CONGRESS.—Not later than tional Institutes of Health. ‘‘(3) USE OF FUNDS.—An entity shall use January 1, 2002, the Secretary shall prepare ‘‘(b) REQUIRED EXPERTISE.—The Director of amounts received under a grant under para- and submit to the appropriate committees of the Center, in consultation with the Advi- graph (1) to carry out research projects and Congress, a report concerning the effective- sory Council and the Center for Scientific demonstration projects to develop curricula ness of programs funded under this section Review, shall ensure that scientists with ap- to reduce disparity in health care outcomes, and a plan to encourage the implementation propriate expertise in research on minority including curricula for cultural competency and utilization of curricula to reduce dis- health are incorporated into the review, in graduate medical education. Such cur- parity in health care and health outcomes. A oversight, and management processes of all ricula shall focus on the need to remove bias final report shall be submitted by the Sec- research projects in the National Institutes from health care at a personal level as well retary not later than January 1, 2004. of Health minority health research program as at a systematic level. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— and other activities under such program. ‘‘(4) NUMBER OF GRANTS AND GRANT TERM.— There is authorized to be appropriated to ‘‘(c) TECHNICAL ASSISTANCE.—The Director The Secretary shall award not to exceed 20 carry out this section, $3,500,000 for fiscal of the Center, in consultation with the direc- grants, contracts or cooperative agreements year 2000, $7,000,000 for fiscal year 2001, tors of the national research institutes and (or combination thereof) under paragraph (1) $7,000,000 for fiscal year 2002, and $3,500,000 centers, shall ensure that appropriate tech- in each of the first and second fiscal years for fiscal year 2003.’’. nical assistance is available to applicants for for which funds are available under sub- SEC. 202. NATIONAL CONFERENCE ON CON- all research projects and other activities section (f). The term of each such grant, con- TINUING HEALTH PROFESSIONAL supported by the National Institutes of EDUCATION AND DISPARITY IN tract or cooperative agreement shall be 3 HEALTH OUTCOMES. Health minority health research program. years. (a) IN GENERAL.—Not later than 1 year ‘‘(d) EVALUATION AND REPORT.— ‘‘(b) GRANTS FOR CONTINUING HEALTH PRO- after the date of enactment of this Act, the ‘‘(1) EVALUATION.—Not later than 5 years FESSIONAL EDUCATION CURRICULA DEVELOP- Secretary of Health and Human Services after the date of the enactment of this part, MENT.— the Secretary shall conduct an evaluation shall convene a national conference on con- ‘‘(1) IN GENERAL.—The Secretary, acting tinuing health professions education as a to— through the Health Resources and Services ‘‘(A) determine the effect of this section on method for reducing disparity in health care Administration and the Agency for Health and health outcomes, including continuing the planning and coordination of the minor- Care Policy and Research and in collabora- ity health research programs at the insti- medical education on cultural competency. tion with the Office of Minority Health, shall The conference shall include sessions to ad- tutes, centers and divisions of the National award grants, contracts or cooperative Institutes of Health; dress measurements of outcomes to assess agreements to eligible entities for the estab- the effectiveness of curricula in reducing dis- ‘‘(B) evaluate the extent to which this part lishment of demonstration projects to de- has eliminated the duplication of adminis- parity. velop curricula to reduce disparity in health (b) PARTICIPANTS.—The Secretary of trative resources among such Institutes, cen- care and health outcomes, including cur- Health and Human Services shall invite mi- ters and divisions; and ricula for cultural competency, in con- nority health advocacy groups, health edu- ‘‘(C) provide recommendations concerning tinuing medical education. cation entities described in section 741(b)(1) future alterations with respect to this part. ‘‘(2) ELIGIBILITY.—To be eligible to receive of the Public Health Service Act (as added by ‘‘(2) REPORT.—Not later than 1 year after a grant, contract, or cooperative agreement section 201), and other interested parties to the date on which the evaluation is com- under paragraph (1) an entity shall— attend the conference under subsection (a). menced under paragraph (1), the Secretary ‘‘(A) be a school of medicine, school of os- (c) ISSUES.—The national conference con- shall prepare and submit to the Committee teopathic medicine, school of dentistry, vened under subsection (a) shall address on Health, Education, Labor, and Pensions of school of public health, school of nursing, issues relating to the role of continuing med- the Senate, and the Committee on Com- school of pharmacy, school of allied health, ical education in the effort to reduce dis- merce of the House of Representatives, a re- or other recognized health profession school; parity in health care and health outcomes, port concerning the results of such evalua- and including the role of continuing medical edu- tion.’’. ‘‘(B) prepare and submit to the Secretary cation in improving the cultural competency TITLE II—MEDICAL EDUCATION an application at such time, in such manner, of health professionals and health profes- SEC. 201. GRANTS FOR HEALTH CARE EDU- and containing such information as the Sec- sions faculty. The conference shall focus on CATION CURRICULA DEVELOPMENT. retary may require. methods to achieve reductions in the dispari- Part F of title VII of the Public Health ‘‘(3) USE OF FUNDS.—An entity shall use ties in health care and health outcomes Service Act (42 U.S.C. 295j et seq.) is amend- amounts received under a grant, contract, or through continuing medical education ed by inserting after section 791 the fol- cooperative agreement under paragraph (1) courses or programs and on strategies for lowing: to develop and evaluate the effect and im- measuring the effectiveness of curricula to ‘‘SEC. 791A. GRANTS FOR HEALTH PROFESSIONS pact of curricula for continuing medical edu- reduce disparities. EDUCATION CURRICULA DEVELOP- cation courses or programs to provide edu- (d) PUBLICATION OF FINDINGS.—Not later MENT. cation concerning issues relating to dis- than 6 months after the convening of the na- ‘‘(a) GRANTS FOR GRADUATE EDUCATION parity in health care and health outcomes, tional conference under subsection (a), the CURRICULA DEVELOPMENT.— including cultural competency of health pro- Secretary of Health and Human Services ‘‘(1) IN GENERAL.—The Secretary, acting fessionals. Such curricula shall focus on the shall publish in the Federal Register a sum- through the Administrator for the Health need to remove bias from health care at a mary of the proceedings and the findings of Resources and Services Administration and personal level as well as at a systemic level. the conference. in collaboration with the Administrator for ‘‘(4) NUMBER OF GRANTS AND GRANT TERM.— (e) AUTHORIZATION OF APPROPRIATIONS.— Health Care Policy and Research and the The Secretary shall award not to exceed 20 There is authorized to be appropriated such

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sums as may be necessary to carry out this (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(C) other innovative mechanisms or strat- section. There is authorized to be appropriated such egies that will facilitate the translation of SEC. 203. ADVISORY COMMITTEE. sums as may be necessary to carry out this past research investments into clinical prac- (a) ESTABLISHMENT.—The Secretary of section. tices that can reasonably be expected to ben- Health and Human Services shall establish TITLE III—MINORITY HEALTH RESEARCH efit these populations. an advisory committee to provide advice to BY THE AGENCY FOR HEALTH CARE ‘‘(c) QUALITY MEASUREMENT DEVELOP- the Secretary on matters related to the de- POLICY AND RESEARCH. MENT.— velopment, implementation, and evaluation SEC. 301. MINORITY HEALTH RESEARCH BY THE ‘‘(1) IN GENERAL.—To ensure that minority of graduate and continuing education cur- AGENCY FOR HEALTH CARE POLICY populations benefit from the progress made ricula for health care professionals to de- AND RESEARCH. in the ability of individuals to measure the crease the disparity in health care and (a) IN GENERAL.—Part A of title IX of the quality of health care delivery, the Adminis- health outcomes, including curricula on cul- Public Health Service Act (42 U.S.C. 299 et trator of the Agency for Health Care Policy tural competency as a method of eliminating seq.) is amended by adding at the end the fol- and Research shall support the development health disparity. lowing: of quality of health care measures that as- (b) MEMBERSHIP.—Not later than 3 months ‘‘SEC. 906. RESEARCH ON MINORITY HEALTH DIS- sess the experience of minority populations after the date on which amounts are appro- PARITIES. with health care systems, such as measures priated to carry out this section, the Sec- ‘‘(a) IN GENERAL.—The Administrator of that assess the access of minority popu- retary of Health and Human Services shall the Agency for Health Care Policy and Re- lations to health care, the cultural com- appoint the members of the advisory com- search shall— petence of the care provided, the quality of mittee. Such members shall be appointed ‘‘(1) conduct and support research to iden- the care provided, the outcomes of care, or from among individuals who— tify how to improve the quality and out- other aspects of health care practice that the (1) unless otherwise specified, are not offi- comes of health care services for minority Administrator determines to be important. cers or employees of the Federal Govern- populations and the causes of health dispari- ‘‘(2) REPORT.—Not later than 24 months ment; ties for minority populations, including bar- after the date of enactment of this section, (2) are experienced in issues relating to riers to health care access; the Secretary, acting through the Adminis- health disparity; and ‘‘(2) conduct and support research and sup- trator, shall prepare and submit to the ap- (3) meet such other requirements as the port demonstration projects to identify, test, propriate committees of Congress a report Secretary determines appropriate; and evaluate strategies for eliminating the describing the state-of-the-art of quality and shall include a representative of the Of- disparities described in paragraph (1) and measurement for minority populations fice of Minority Health under section 1707 of promoting effective interventions; which will identify critical unmet needs, the the Public Health Service Act (42 U.S.C. ‘‘(3) develop measures for the assessment current activities of the Department to ad- 300u-6) and such other representatives of of- and improvement of the quality and appro- dress those needs, and a description of re- fices and agencies of the Public Health Serv- priateness of health care services provided to lated activities in the private sector.’’. ice as the Secretary determines to be appro- minority populations; and (b) FUNDING.—Section 926 of the Public priate. The Secretary shall ensure that mem- ‘‘(4) in carrying out 902(c), provide support Health Service Act (42 U.S.C. 299c-5) is bers of minority communities are well rep- to increase the number of minority health amended by adding at the end the following: resented on the advisory committee. Such care researchers and the health services re- ‘‘(f) MINORITY HEALTH DISPARITIES RE- representatives shall include 1 or more indi- search capacity of institutions that train mi- SEARCH.—For the purpose of carrying out the viduals who serve on the advisory committee nority health care researchers. activities under section 906, there are au- under section 1707(c) of such Act. ‘‘(b) RESEARCH AND DEMONSTRATION thorized to be appropriated such sums as (c) COLLABORATION.—The advisory com- PROJECTS.— may be necessary for each of the fiscal years mittee shall carry out its duties under this ‘‘(1) IN GENERAL.—In carrying out sub- 2000 through 2004.’’. section in collaboration with the Office of section (a), the Administrator shall conduct TITLE IV—DATA COLLECTION RELATING Minority Health of the Department of Health and support research to— TO RACE OR ETHNICITY and Human Services, and other offices, cen- ‘‘(A) identify the clinical, cultural, socio- SEC. 401. STUDY AND REPORT BY NATIONAL ters, and institutes of the Department of economic, and organizational factors that ACADEMY OF SCIENCES. Health and Human Services, and other Fed- contribute to health disparities for minority (a) STUDY.—The Secretary of Health and eral agencies. populations (including examination of pat- Human Services shall enter into a contract (d) TERMINATION.—The advisory committee terns of clinical decisionmaking and of the with the National Academy of Sciences for shall terminate on the date that is 4 years availability of support services); the conduct of a comprehensive study of the after the date on which the first member of ‘‘(B) identify and evaluate clinical and or- Department of Health and Human Services’ the committee is appointed. ganizational strategies to improve the qual- data collection systems and practices, and (e) EXISTING COMMITTEE.—The Secretary ity, outcomes, and access to care for minor- any data collection or reporting systems re- may designate an existing advisory com- ity populations; quired under any of the programs or activi- mittee operating under the authority of the ‘‘(C) support demonstrations to test such ties of the Department, relating to the col- Office of Minority Health of the Department strategies; and lection of data on race or ethnicity, includ- of Health and Human Services to serve as ‘‘(D) widely disseminate strategies for ing other Federal data collection systems the advisory committee under this section. which there is scientific evidence of effec- (such as the Social Security Administration) SEC. 204. CULTURAL COMPETENCY CLEARING- tiveness. with which the Department interacts to col- HOUSE. ‘‘(2) USE OF CERTAIN STRATEGIES.—In car- lect relevant data on race and ethnicity. (a) ESTABLISHMENT.—The Director of the rying out this section the Administrator (b) REPORT.—Not later than 1 year after Office of Minority Health of the Department shall implement research strategies and the date of enactment of this Act, the Na- of Health and Human Services shall establish mechanisms that will enhance the involve- tional Academy of Sciences shall prepare within the Resource Center of the Office of ment of minority health services research- and submit to the Committee on Health, Minority Health, or through the awarding of ers, institutions that train minority re- Education, Labor, and Pensions of the Sen- a contract provide for the establishment of, searchers, and members of minority popu- ate and the Committee on Commerce of the an information clearinghouse for curricula lations for whom the Agency is attempting House of Representatives, a report that— to reduce racial and ethnic disparity in to improve the quality and outcomes of care, (1) identifies the data needed to support ef- health care and health outcomes. The clear- including— forts to evaluate the effects of race and eth- inghouse shall facilitate and enhance, ‘‘(A) centers of excellence that can dem- nicity on access to and quality of health care through the effective dissemination of infor- onstrate, either individually or through con- and other services and on disparity in health mation, knowledge and understanding of sortia, a combination of multi-disciplinary and other social outcomes, the data needed practices that lead to decreases in the dis- expertise in outcomes or quality improve- to define appropriate quality of care meas- parity of health across minority and ethnic ment research and a demonstrated capacity ures to assess the equivalence of health care groups, including curricula for continuing to engage minority populations in the plan- outcomes in health care payer systems, and medical education to develop cultural com- ning, conduct and translation of research, the data needed to enforce existing protec- petency in health care professionals. with linkages to relevant sites of care; tions for equal access to health care; (b) AVAILABILITY OF INFORMATION.—Infor- ‘‘(B) provider-based research networks, in- (2) examines the effectiveness of the sys- mation contained in the clearinghouse shall cluding health plans, facilities, or delivery tems and practices of the Department of be made available to minority health advo- system sites of care (especially primary Health and Human Services described in sub- cacy groups, health education entities de- care), that make extensive use of minority section (a), including demonstration projects scribed in section 791A(b)(2)(A) of the Public health care providers or serve minority pa- of the Department, and the effectiveness of Health Service Act (as added by section 201), tient populations and have the capacity to selected systems and practices of other Fed- health maintenance organizations, and other evaluate and promote quality improvement; eral and State agencies and the private sec- interested parties. and tor, in collecting and analyzing such data;

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29009 (3) contains recommendations for ensuring standing the success of this office in high- This includes discussing how NIH’s consid- that the Department of Health and Human lighting and addressing health disparities, erable resources can be used to effectively Services, in administering its entire array of and in supporting research focused on im- address health status disparities. programs and activities, collects, or causes proving minority health, the magnitude of The Center Director would be able to make to be collected, accurate and complete infor- the problem of health status disparities war- peer-reviewed grants in areas of promising mation relating to race and ethnicity as may rants an even more aggressive effort. research not currently being addressed by be necessary to monitor access to and qual- At the beginning of this year, we were very the NIH institutes and centers. ity of health care and to ensure the capa- pleased to begin working with Congressman The Center would establish a Centers of bility to monitor and enforce civil rights Jesse Jackson, Jr. (D–IL), Charlie Norwood Excellence program to support those aca- laws; and (R–GA), J.C. Watts (R–OK), and Congress- demic health centers which have a historic (4) includes projections about the costs as- woman Donna Christensen (D–VI) to intro- commitment to studying diseases which dis- sociated with the implementation of the rec- duce H.R. 2391, the National Center for Do- proportionately affect minority and dis- ommendations described in paragraph (3), mestic Health Disparities Act of 1999. The bi- advantaged populations. and the possible effects of the costs on pro- partisan Jackson bill, and the legislation On behalf of the Association of Minority gram operations. that is being introduced today, would elevate Health Professions Schools, I extend our en- (c) AUTHORIZATION OF APPROPRIATIONS.— the existing NIH Office of Research on Mi- thusiastic support for this important legisla- There are authorized to be appropriated such nority Health to a National Center for Re- tion. Please advise me as to how we can sums as may be necessary for fiscal year 2000 search on Minority Health and Health Dis- work with you and other members of the to carry out this section. parities, and provide the National Center Senate to pass this important legislation. TITLE V—PUBLIC AWARENESS with four new major mechanisms, which the Thank you again for your leadership in SEC. 501. PUBLIC AWARENESS. existing office does not have. They are: this area. (1) The Director of the Center will partici- Sincerely, (a) PUBLIC AWARENESS CAMPAIGN.—The pate with other Institute and Center Direc- RONNY B. LANCASTER, Secretary of Health and Human Services, tors to determine research policy and initia- President. acting through the Surgeon General and the tives at NIH. Director of the Office for Civil Rights, shall (2) The Center will serve as the catalyst for NATIONAL MEDICAL ASSOCIATION, conduct a national media campaign for the forward-thinking, strategic planning for the Washington, DC, November 4, 1999. purpose of informing the public about racial entire NIH, in order to bring all of NIH’s con- Hon. EDWARD KENNEDY, and ethnic disparities in health care and siderable resources to bear, to close the Ranking Minority, Senate Committee on Health, health outcomes. health status gap. Education, Labor and Pensions, Hart Sen- (b) AUTHORIZATION OF APPROPRIATIONS.— For the purpose of carrying out subsection (3) The bill empowers the Center Director ate Office Building, Washington, DC. (a), there are authorized to be appropriated to make peer-reviewed grants in areas of DEAR SENATOR KENNEDY: The National such sums as may be necessary for fiscal promising research which are not being ad- Medical Association (NMA) is pleased to sup- year 2000. dressed by the existing centers and insti- port the ‘‘Health Care Fairness Act of 1999.’’ tutes at NIH. While the nation has experienced tremen- STATEMENT OF LOUIS W. SULLIVAN, (4) There will be a new program of support dous advances in biomedical research, the for research excellence at those academic benefits of these advances have not fully M.D., PRESIDENT, MOREHOUSE SCHOOL health centers which have demonstrated a transferred to the African American and OF MEDICINE ON THE HEALTH CARE historic commitment to studying and ad- other minority communities, which are un- FAIRNESS ACT OF 1999, NOVEMBER 5, dressing diseases which disproportionately duly plagued with disproportionate rates of 1999 affect minority Americans. As a result of death and disease. As the changing demo- Thank you for the opportunity to speak in this legislation, minority investigations and graphics of the United States yield growing strong support of the Health Care Fairness institutions like Morehouse School of Medi- racial and ethnic minority populations, it is Act of 1999, which would elevate the NIH’s cine, of which I am President, Meharry Med- absolutely essential that the nation become Office of Research on Minority Health to a ical College, and others will have access to more proactive in addressing the critical National Center for Research on Minority the types of resources necessary to build and health and biomedical research needs of Health and Health Disparities. Senator Ken- enhance research infrastructure, and seek to communities of color. nedy and his colleagues are to be commended compete on a level playing field with other Critical provisions of the ‘‘Health Care for their initiative. prominent institutions. Fairness Act of 1999’’ include: For too many years, this country has wit- I am grateful that both of the comprehen- The establishment of the Center for Re- nessed one disturbing report after another sive bills which are being introduced today search on Minority Health and Health Dis- detailing the growing disparities in health in the Senate and the House embody these parities at the National Institutes of Health status between our minority and majority four principles, and I am particularly pleased (NIH); populations. Unfortunately, while these re- that both bills enjoy strong bipartisan sup- The provision of funds for peer-reviewed ports continue, not enough has been done to port. minority health-focused research grants, at change this shocking and unacceptable dy- Today, I am urging members of Congress in the Institutes and Centers of the NIH; namic. both chambers, and from both sides of the The requirement to establish a comprehen- Infant mortality is nearly twice the rate aisle to support and cosponsor these impor- sive plan and budget for the conduct and sup- for minorities as it is for non-minorities. tant bills. We need to act as quickly as pos- port of all minority research activities of the African-Americans, Hispanics, and Native sible to reverse the persistent health status NIH agencies; and Americans disproportionately suffer a vari- gap, which affects some 28% of our citizens. The establishment of a grant program to ety of health care disparities including can- support the development of culturally com- cer, diabetes, heart disease and stroke. ASSOCIATION OF MINORITY petent curricula in health care education. The HIV virus and AIDS cases result in dis- HEALTH PROFESSIONS SCHOOLS, The NMA supports the ‘‘Health Care Fair- proportionate suffering in minority popu- Washington, DC, November 3, 1999. ness Act of 1999’’ and believes that this legis- lations. While minorities in the United Hon. EDWARD M. KENNEDY, lation will create important opportunities States represent about 28% of the popu- U.S. Senate, Russell Senate Office Building, for the nation to make concrete advances in lation, minorities account for 54% of all Washington, DC. it’s effort to close the health disparity gap. AIDS cases. DEAR SENATOR KENNEDY: Thank you for in- Sincerely, The above mentioned are only a few of the troducing the Health Care Fairness Act of WALTER W. SHERVINGTON, health care challenges faced by minorities 1999. This important legislation would, President. and disadvantaged populations. among other things, elevate the existing Of- If we as a nation are to solve these com- fice of Research on Minority Health at the ASSOCIATION OF plex problems, we must take an aggressive National Institutes of Health (NIH) to a Na- BLACK CARDIOLOGISTS, INC., approach on all fronts. At the core of im- tional Center for Research on Minority Atlanta, GA, November 4, 1999. proving the health status for all Americans Health. Hon. EDWARD M. KENNEDY, is a strong biomedical research effort to un- The National Center would be better able U.S. Senate, Russell Senate Office Building, derstand the factors which contribute to to respond to the health status disparity cri- Washington, DC. health problems. sis facing minority Americans and medically DEAR HONORABLE SENATOR KENNEDY: The During the time I was HHS Secretary, I underserved populations through the estab- Association of Black Cardiologists, Inc. was very pleased to work with the Congress, lishment of the following provisions: (ABC) would like to offer its full support of particularly Congressman Louis Stokes (D– The Director of the new Center would ac- The Health Care Fairness Act of 1999. Its OH) to establish the existing Office for Re- tively participate with Institute and Center premise and objectives serve to meet the cre- search on Minority Health at NIH. Notwith- Directors in planning major NIH initiatives. ativity and foresight needed to eliminate the

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29010 CONGRESSIONAL RECORD—SENATE November 8, 1999 disparity in health care and the mortality the correction of this imbalance. The Bill’s Attention: Ms. Stephanie Robinson rate among African Americans versus White proposals; to establish a NIH ‘‘Center for OCTOBER 13, 1999. Americans. We wholeheartedly endorse the Health Disparities Research;’’ to provide Senator KENNEDY, efforts of this bill to improve minority grants to support programs of excellence in Dirksen Senate Building, health, minority health research, data col- biomedical research education for underrep- Washington, DC. lection relating to race or ethnicity, and the resented minorities; to direct AHCPR to DEAR SENATOR KENNEDY: I have read with promotion of medical education. study the causes of health disparities; to ex- interest your proposed changes and budget A robust economy and years of government pand DHHS collection/reporting of race/eth- recommendations for the Office of Minority pressure have helped move minority groups nicity data; to improve the quality/outcomes Health ‘‘Improving Minority Health Through closer to the mainstream, but when it comes of health care services to minority popu- NIH. As a scholar who does work and col- to health, studies show a stubborn, daunting lations; and to develop graduate/continuing laborations in the field of minority health, and in some respects continuous disparity medical education curricula devoted to the and the Chair of a Sociology and Anthro- between Black and White Americans. For reduction of disparity in health care and pology Department with 62 young scholars in decades, Blacks have suffered higher death health outcomes, all represent strong ac- our Graduate Programs, many of whom care rates from nearly all-major causes including tions intended to address the continuing about these issues, we are collectively asthma, diabetes, cancer, major infectious health imbalance for racial/ethnic minori- pleased to see this bill brought forward. diseases and cardiovascular diseases. The ties. Support for intervention and prevention ABC recognizes that cardiovascular diseases, I write as an academic researcher and edu- research (of significance) in our community the leading cause of deaths in the United cator, and as the national director of the is too long over overdue. I have held grants States, affect every family. CVD is the major Robert Wood Johnson Foundation’s Scholar- from the National Cancer Institute and the cause of death for the African American pop- ships in Health Policy Research Program, an National Science Foundation and I know ulation. Contrary to popular belief, the num- initiative that supports fellowships for tal- first hand about the obstacles of under fund- ber one killer in the African American com- ented young social scientists who are inter- ing and a focus that is primarily on advocacy munity is not violence, cancer, or AIDS. ested in conducting research on critical and community based ‘‘feel good’’ projects Blacks are more likely to die from cardio- health and health policy issues facing the rather than solid research. Research that vascular disease than from any other dis- United States, including racial/ethnic dis- could possibly bring about some parity in ease. We can reduce the cost of health care, parities in health status and health out- health and health care for people of color in improve patient adherence to prescribed comes. I write also as a citizen who is con- our society. We in our Medical Sociology drug regimens, and improve the cultural cerned with the needless loss of human po- Program and colleagues who work in the many disciplines connected to health and competence of medical professionals with tential and quality of life resulting from the qualify of life issues applaud you and bring the passing of this bill. continuing health disparities in our society. our support by way of many letters like this The ABC mission states: ‘‘We believe that I call upon you and your colleagues in the one. Thank you. good health is the cornerstone of progress for U.S. Senate to support this Bill in all of its Joy, our people. We are firm in our resolve to elements. FLORENCE B. BONNER, make exemplary health care accessible and Respectfully submitted, Chair. affordable to all in need, dedicated to low- ALAN B. COHEN, ering the high rate of cardiovascular diseases Professor of Health Policy and Manage- By Mr. DODD: in minority populations and committed to ment; Director, Health Care Management; S. 1881. A bill to amend chapter 84 of advocacy and diversity. We are guided by Director, RWJF Scholars in Health Policy high ethics in all our transactions and strive Research Program. title 5, United States Code, to make for excellence in our training and skills.’’ certain temporary Federal service Our mission throughout our organization UCLA, creditable for retirement purposes; to is to assure that ‘African American Children Los Angeles, CA, October 13, 1999. the Committee on Governmental Af- know their Grandparents’. Typically, Afri- Senator EDWARD M. KENNEDY, fairs. can American men, with a life expectancy of Russell Senate Building, THE FERS BUYBACK ACT OF 1999 less than 65 years, die without the joy of nur- U.S. Senate, Washington, DC. Mr. DODD. Mr. President, today I am turing and guiding their grandchildren as DEAR SENATOR KENNEDY: I write to register introducing the FERS Buyback Act of only grandparents can. my strong and enthusiastic support for the What we know from our past efforts to ad- Comprehensive Minority Health Bill cur- 1999, legislation that offers retirement dress this issue is that it takes a focus effort rently under consideration by the United security to many federal employees. to increase awareness, to educate, and to States Senate. Considerable research has Companion legislation has already eliminate the disparities in health care. We documented the great disparities in minority been introduced in the House. Specifi- are pleased that this bill will take this direc- health status and health outcomes nation- cally, this legislation would help em- tion. Little progress will be made without a ally. Race and ethnic minorities are known ployees throughout the country hired strong partnership among medical, public to suffer disproportionate mortality and as temporary workers in the 1980s that health and community organizations, and morbidity rates and lower quality health continued to work for the federal gov- government. Please let us know what else we care services. This bill includes a host of pro- ernment into the 1990s. can do to aid in this effort. We applaud your visions that will contribute to the correction Hundreds of current and former term commitment and stand ready to work ac- of this imbalance. The Bill’s proposals: to es- tively with you to accomplish these objec- tablish a NIH ‘‘Center for Health Disparities employees in federal service find them- tives. Research’’; to provide grants to support pro- selves ineligible to receive retirement Sincerely, grams of excellence in biomedical research benefits because of their inability to B. WAINE KONG, education for underrepresented minorities; receive credit for post-1988 service as Chief Executive Officer. to direct AHCPR to study the causes of temporary federal workers. health disparities; to expand HHS collection/ This legislation would close a loop- BOSTON UNIVERSITY reporting of race/ethnicity data and to im- hole in the federal pension system that SCHOOL OF MANAGEMENT, prove the quality/outcomes of health care has adversely impacted many federal Boston, MA, October 14, 1999. services to minority populations and to de- workers through no fault of their own. Senator EDWARD M. KENNEDY, velop graduate/continuing medical education It would change current law to allow Russell Senate Building, curricula devoted to the reduction of dis- U.S. Senate, Washington, DC. parity in health care and health outcomes individuals who have become eligible DEAR SENATOR KENNEDY: I am writing to represent strong actions intended to address for the Federal Employee Retirement register my strong and enthusiastic support the continuing health imbalance for racial/ System (FERS) the option to receive for the Comprehensive Minority Health Bill, ethnic minorities. credit for their past service as tem- that is currently under consideration by the I write as an academic researcher and cit- porary employees and pay into the re- United States Senate. Considerable research izen who is concerned with the needless loss tirement fund for the prior years they has documented the great disparities in mi- of human potential and quality of life result- worked as temporary employees. Be- nority health status and health outcomes ing from the continuing health disparities in cause the legislation would merely nationally. Racial and ethnic minorities are our society. I call upon you and your col- known to suffer disproportionately high leagues in the U.S. Senate to support this allow qualified workers to buy into the mortality and morbidity rates, impaired ac- Bill in all of its elements. retirement system, the government cess to health care, and lower quality health Respectfully submitted, would not incur costs that it would not care services. This bill includes a host of pro- WALTER R. ALLEN, have incurred had the law treated them visions that would contribute importantly to Professor of Sociology. as permanent employees.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29011 During the 1980s, the Federal Deposit lection tools. This legislation will ex- THE DUAL STATUS NATIONAL GUARD Insurance Corporation (FDIC) hired tend these tools to so-called ‘‘non IV– TECHNICIANS RETIREMENT EQUITY ACT thousands of employees under tem- D’’ entities that are properly approved Mr. BINGAMAN. Mr. President, I rise porary status in response to the sav- and monitored by the Department of today to introduce a bill that seeks to ings and loan crisis. Despite their tem- Health and Human Services. remove an inequity in retirement pay benefits for critical personnel in our porary designation, many served in ex- Specifically, the bill will allow non- National Guard and Reserve units who cess of five years with the federal gov- IV–D government agencies and private are Dual Status Technicians. They are ernment because of the FDIC’s annual collection firms to be able to submit called ‘‘Dual Status’’, Mr. President, renewal of their one-year contracts. cases for the interception of Federal because they serve both as military Unfortunately, these loyal employees and State tax refunds for the collection and civilian personnel. There are about did not enjoy the retirement benefits of unpaid child support, in accordance 40,000 Dual Status Technicians covered accorded their colleagues serving the with Federal and State statutory by retirement requirements and re- same length of service under perma- guidelines; to seek passport sanctions strictions contained in Title 32 of the nent status. To their credit, the FDIC against delinquent parents; to report United States Code. These men and did try to rectify the problem several unpaid child support to credit bureaus; women are the backbone of the Na- years ago by granting many of their and to obtain current location and tional Guard and Reserve structure. former temporary employees term ap- asset information on parents who owe They are the mechanics, pilots, engi- pointments. Such appointments are for child support. In addition, the bill pro- neers, equipment operators, supply and more than one year and allowed em- vides that unemployment compensa- support technicians who keep things ployees to be eligible for FERS. tion benefits would be subject to in- running so that the Guard is able to re- The original FERS Act allowed for come withholding for child support ob- spond to natural disasters and national employees to make payments or buy ligations in all child support cases, not emergencies, as well as serve on active back certain years of service prior to just those enforced by a IV–D agency, duty in accordance with the ‘‘total 1989 for which deductions were not as current law allows. taken. Therefore, the bill unintention- force concept’’ that integrates active ally denied many federal employees Mr. President, my bill will cost the and reserve forces in the military. credit for time served after January 1, Federal Government minimal or no ad- These hardworking men and women are 1989. ditional funds. Nor will it impose any often the first called to duty in an I invite you to join me in correcting significant obligation on state or local emergency. this inequity and ask that you cospon- child support agencies, since all gov- As essential as Dual Status Techni- sor this fair and straightforward legis- ernment agencies would be allowed cians are, they suffer from the worst of lation. under the bill to charge necessary fees two employment worlds. These techni- to non-IV–D agencies with which they cians are by statute both military and By Mrs. HUTCHISON (for herself share this information. civilian employees. Guard technicians and Mr. STEVENS): What this bill will do is take a sig- must maintain their military job and S. 1882. A bill to expand child support nificant step toward collecting on the grade in order to keep their technician enforcement through means other than estimated $57 billion in overdue child status and remain a federal employee. programs financed at Federal expense; support owed in this country. Many In the event of separation from mili- to the Committee on Finance. states and local child support agencies tary service, however, they are denied CHILD SUPPORT ENFORCEMENT OPTIONS ACT OF are simply overwhelmed and unable to the retirement benefits of those who 1999 effectively and timely enforce the tens serve in the same grade in the active Mrs. HUTCHISON. Mr. President, I of millions of child support awards in military. Frequently, Dual Status rise today to introduce, along with my this country. Far from undermining Technicians who are separated from colleague, Senator STEVENS, the Child their role in this process, the Child the military must wait years to qualify Support Enforcement Options Act of Support Enforcement Options Act will for their Federal Service retirement 1999. This bill will give parents the help them accomplish the mutual goal benefits. tools and options they need to made of making sure that child support is The bill I am introducing in the Sen- sure their children have the resources collected and delivered to where it is ate today is a companion bill already they need to get a good start in life. needed the most—to the children to introduced on the House side by Rep- This bill will provide local public whom it is owed. resentative ABERCROMBIE. It seeks to agencies and private attorneys access eliminate retirement inequities—a Particularly for families on welfare to certain child support enforcement problem we just addressed head on in or other public assistance, child sup- procedures and information not cur- the Armed Services Committee when port is often critical to make ends rently available to them. To obtain we included a provision in this year’s meet. It helps put food on the table, this access, however, a local public Defense Authorization Bill the elimi- clothes in the closet, and gas in the agency or private attorney would first nate retirement inequities between ac- car. When a non-custodial parent re- have to obtain a certificate of registra- tive duty personnel who retired before neges on his or her obligation to pro- tion from the Secretary of the Federal or after 1986. We voted this year to ef- vide that support, it is incumbent upon Department of Health and Human fectively eliminate the ‘‘Redux’’ retire- the government to help enforce that Services and agree to certain federal ment benefit program because of the award, through whatever means are requirements and procedures in using lower benefits it offered to personnel available to the struggling custodial the enforcement tools. who retired after 1986. The action I am parent. In my opinion, any other con- Mr. President, in recent years Con- proposing in this legislation is some- sideration is secondary, and I am hope- gress created a number of new informa- what similar. ful and confident that my colleagues in tion gathering and child support en- This bill will permit Dual Status the Senate will agree and will work to forcement tools to enable some child Technicians to retire at any age with pass this important legislation. support enforcement agencies to better 25 years of service or at 50 with 20 years enforce support awards. Unfortunately, of service. Those benefits are similar to these new tools are not available to By Mr. BINGAMAN: benefits provided to Federal police and hundreds of governmental and a grow- S. 1883. A bill to amend title 5, fire employees. They’re similar to fed- ing number of private collection enti- United States Code, to eliminate an in- eral employees who retire from the ties which many parents must use or equity on the applicability of early re- Congress. choose to use. These so-called ‘‘non IV– tirement eligibility requirements to I am pleased to see, Mr. President, D’’ entities have limited or no access military reserve technicians; to the that this year’s Defense Authorization to some new and effective federal col- Committee on Governmental Affairs. bill took a step to provide equitable

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benefits to Dual Status Technicians, HARKIN) was added as a cosponsor of S. lina (Mr. EDWARDS) was added as a co- but in doing so, it crated an inequity 765, a bill to ensure the efficient alloca- sponsor of S. 1263, a bill to amend the within the Technician community tion of telephone numbers. Balanced Budget Act of 1997 to limit itself. A provision in the bill provides S. 786 the reductions in medicare payments for early retirement after 25 years at At the request of Ms. MIKULSKI, the under the prospective payment system any age, or at age 50 with 20 years of name of the Senator from Mississippi for hospital outpatient department service—but only for those employed as (Mr. COCHRAN) was added as a cospon- services. Dual Status Technicians after 1996. sor of S. 786, a bill to amend title II of S. 1327 Those same benefits are withheld from the Social Security Act to provide that At the request of Mr. CHAFEE, the those employed before 1996. In other a monthly insurance benefit there- names of the Senator from Washington words, Mr. President, we created a sit- under shall be paid for the month in (Mr. GORTON) and the Senator from uation similar to the one the Senate which the recipient dies, subject to a Washington (Mrs. MURRAY) were added dealt with regarding the ‘‘Redux’’ re- reduction of 50 percent if the recipient as cosponsors of S. 1327, a bill to amend tirement program in the Defense Au- dies during the first 15 days of such part E of title IV of the Social Security thorization bill. The bill I offer today month, and for other purposes. Act to provide States with more fund- would remove that inequity in the ing and greater flexibility in carrying same way the Senate voted to remove S. 819 out programs designed to help children the inequity for active duty personnel At the request of Mr. GRAHAM, the make the transition from foster care to who retired under the ‘‘Redux’’ pro- name of the Senator from Georgia (Mr. self-sufficiency, and for other purposes. gram. CLELAND) was added as a cosponsor of Mr. President, the cost of equity is S. 819, a bill to provide funding for the S. 1332 not high. An initial estimate by the National Park System from outer Con- At the request of Mr. BAYH, the Congressional Budget Office estimates tinental Shelf revenues. names of the Senator from Virginia that this bill could cost about $54 mil- S. 955 (Mr. ROBB) and the Senator from Cali- EINSTEIN lion over a five year period. That num- At the request of Mr. WARNER, the fornia (Mrs. F ) were added as ber will vary, of course, depending on name of the Senator from Mississippi cosponsors of S. 1332, a bill to authorize the number of Technicians who would (Mr. LOTT) was added as a cosponsor of the President to award a gold medal on choose to take advantage of the change S. 955, a bill to allow the National Park behalf of Congress to Father Theodore in the law when this bill is enacted. Of Service to acquire certain land for ad- M. Hesburg, in recognition of his out- course, we’re not only paying for eq- dition to the Wilderness Battlefield in standing and enduring contributions to uity here, Mr. President. We’re paying Virginia, as previously authorized by civil rights, higher education, the appropriate, equitable compensation to law, by purchase or exchange as well as Catholic Church, the Nation, and the the men and women who have devoted by donation. global community. their careers to service for the nation S. 1384 S. 1016 both at home and abroad—our National At the request of Mr. ABRAHAM, the At the request of Mr. DEWINE, the Guard and Reserve who serve us all so name of the Senator from West Vir- name of the Senator from Arkansas well. ginia (Mr. ROCKEFELLER) was added as (Mrs. LINCOLN) was added as a cospon- I urge my colleagues to support this a cosponsor of S. 1384, a bill to amend sor of S. 1016, a bill to provide collec- bill and urge my fellow Members to the Public Health Service Act to pro- tive bargaining for rights for public support this effort through cosponsor- vide for a national folic acid education safety officers employed by States or ship. program to prevent birth defects, and their political subdivisions. f for other purposes. S. 1020 ADDITIONAL COSPONSORS S. 1419 At the request of Mr. GRASSLEY, the C AIN S. 311 At the request of Mr. M C , the names of the Senator from Missouri names of the Senator from Hawaii (Mr. At the request of Mr. MCCAIN, the (Mr. ASHCROFT) and the Senator from INOUYE), the Senator from Missouri names of the Senator from Arkansas Idaho (Mr. CRAPO) were added as co- (Mr. ASHCROFT), the Senator from Flor- (Mr. HUTCHINSON) and the Senator from sponsors of S. 1020, a bill to amend ida (Mr. MACK), the Senator from Min- Montana (Mr. BURNS) were added as co- chapter 1 of title 9, United States Code, nesota (Mr. GRAMS), the Senator from sponsors of S. 311, a bill to authorize to provide for greater fairness in the Idaho (Mr. CRAIG), and the Senator the Disabled Veterans’ LIFE Memorial arbitration process relating to motor from North Dakota (Mr. DORGAN) were Foundation to establish a memorial in vehicle franchise contracts. the District of Columbia or its envi- added as cosponsors of S. 1419, a bill to S. 1075 rons, and for other purposes. amend title 36, United States Code, to At the request of Mrs. BOXER, the S. 312 designate May as ‘‘National Military name of the Senator from Oregon (Mr. At the request of Mr. MCCAIN, the Appreciation Month.’’ WYDEN) was added as a cosponsor of S. name of the Senator from Montana S. 1457 1075, a bill to promote research to iden- (Mr. BURNS) was added as a cosponsor At the request of Mr. WYDEN, the tify and evaluate the health effects of of S. 312, a bill to require certain enti- name of the Senator from South Da- silicone breast implants, and to insure ties that operate homeless shelters to kota (Mr. JOHNSON) was added as a co- that women and their doctors receive identify and provide certain counseling sponsor of S. 1457, a bill to amend the accurate information about such im- to homeless veterans, and for other Energy Policy Act of 1992 to assess op- plants. purposes. portunities to increase carbon storage S. 1242 S. 345 on national forests derived from the At the request of Mr. ALLARD, the At the request of Mr. AKAKA, the public domain and to facilitate vol- name of the Senator from New York names of the Senator from Vermont untary and accurate reporting of forest (Mr. MOYNIHAN) was added as a cospon- (Mr. LEAHY) and the Senator from projects that reduce atmospheric car- sor of S. 345, a bill to amend the Ani- Vermont (Mr. JEFFORDS) were added as bon dioxide concentrations, and for mal Welfare Act to remove the limita- cosponsors of S. 1242, a bill to amend other purposes. tion that permits interstate movement the Immigration and Nationality Act S. 1498 of live birds, for the purpose of fight- to make permanent the visa waiver At the request of Mr. BURNS, the ing, to States in which animal fighting program for certain visitors to the names of the Senator from Montana is lawful. United States. (Mr. BAUCUS), the Senator from New S. 765 S. 1263 Mexico (Mr. BINGAMAN), the Senator At the request of Ms. COLLINS, the At the request of Mr. JEFFORDS, the from Idaho (Mr. CRAPO), and the Sen- name of the Senator from Iowa (Mr. name of the Senator from North Caro- ator from California (Mrs. BOXER) were

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added as cosponsors of S. 1498, a bill to rior to plan, design, and construct fa- Senator from Georgia (Mr. CLELAND), amend chapter 55 of title 5, United cilities to mitigate impacts associated the Senator from Utah (Mr. HATCH), States Code, to authorize equal over- with irrigation system water diver- and the Senator from New Jersey (Mr. time pay provisions for all Federal em- sions by local governmental entities in TORRICELLI) were added as cosponsors ployees engaged in wildland fire sup- the Pacific Ocean drainage of the of Senate Resolution 196, a resolution pression operations. States of Oregon, Washington, Mon- commending the submarine force of S. 1516 tana, and Idaho. the United States Navy on the 100th At the request of Mr. THOMPSON, the S. 1733 anniversary of the force. name of the Senator from Michigan At the request of Mr. FITZGERALD, SENATE RESOLUTION 217 (Mr. LEVIN) was added as a cosponsor of the names of the Senator from Wis- At the request of Mr. HUTCHINSON, S. 1516, a bill to amend title III of the consin (Mr. KOHL), the Senator from the name of the Senator from Okla- Stewart B. McKinney Homeless Assist- Idaho (Mr. CRAPO), and the Senator homa (Mr. NICKLES) was added as a co- ance Act (42 U.S.C. 11331 et seq.) to re- from Nebraska (Mr. KERREY) were sponsor of Senate Resolution 217, a res- authorize the Federal Emergency Man- added as cosponsors of S. 1733, a bill to olution relating to the freedom of be- agement Food and Shelter Program, amend the Food Stamp Act of 1977 to lief, expression, and association in the and for other purposes. provide for a national standard of People’s Republic of China. S. 1558 interoperability and portability appli- AMENDMENT NO. 1730 At the request of Mr. BAUCUS, the cable to electronic food stamp benefit At the request of Mr. HARKIN his name of the Senator from Connecticut transactions. name was added as a cosponsor of (Mr. LIEBERMAN) was added as a co- S. 1795 amendment No. 1730 proposed to S. 625, sponsor of S. 1558, a bill to amend the At the request of Mr. CRAPO, the a bill to amend title 11, United States Internal Revenue Code of 1986 to pro- name of the Senator from Wyoming Code, and for other purposes. vide a tax credit for holders of Commu- (Mr. THOMAS) was added as a cosponsor AMENDMENT NO. 2545 nity Open Space bonds the proceeds of of S. 1795, a bill to require that before At the request of Mr. COVERDELL the which are used for qualified environ- issuing an order, the President shall name of the Senator from Maryland mental infrastructure projects, and for cite the authority for the order, con- (Ms. MIKULSKI) was added as a cospon- other purposes. duct a cost benefit analysis, provide for sor of amendment No. 2545 intended to S. 1580 public comment, and for other pur- be proposed to S. 625, a bill to amend At the request of Mr. ROBERTS, the poses. title 11, United States Code, and for names of the Senator from Virginia S. 1825 other purposes. (Mr. ROBB) and the Senator from New At the request of Mr. ROCKEFELLER, Mexico (Mr. BINGAMAN) were added as the name of the Senator from Nevada f cosponsors of S. 1580, a bill to amend (Mr. REID) was added as a cosponsor of the Federal Crop Insurance Act to as- S. 1825, a bill to empower telephone SENATE CONCURRENT RESOLU- sist agricultural producers in man- consumers, and for other purposes. TION 71—EXPRESSING THE aging risk, and for other purposes. SENSE OF CONGRESS THAT S. 1867 S. 1590 MIAMI, FLORIDA, AND NOT A At the request of Mr. ROBB, the COMPETING FOREIGN CITY, At the request of Mr. CRAPO, the names of the Senator from Washington names of the Senator from New York SHOULD SERVE AS THE PERMA- (Mrs. MURRAY), the Senator from (Mr. MOYNIHAN), the Senator from New NENT LOCATION FOR THE SEC- Michigan (Mr. LEVIN), and the Senator York (Mr. SCHUMER), the Senator from RETARIAT OF THE FREE TRADE from Vermont (Mr. LEAHY) were added Rhode Island (Mr. REED), the Senator AREA OF THE AMERICAS (FTAA) as cosponsors of S. 1867, a bill to amend BEGINNING IN 2005 from Michigan (Mr. LEVIN), and the the Internal Revenue Code of 1986 to Senator from New Jersey (Mr. provide a tax reduction for small busi- Mr. GRAHAM (for himself and Mr. TORRICELLI) were added as cosponsors nesses, and for other purposes. MACK) submitted the following concur- of S. 1590, a bill to amend title 49, S. 1873 rent resolution; which was referred to United States Code, to modify the au- the Committee on Finance: At the request of Mr. SESSIONS, the thority of the Surface Transportation S. CON. RES. 71 Board, and for other purposes. name of the Senator from Colorado (Mr. ALLARD) was added as a cosponsor Whereas deliberations on establishing a S. 1680 of S. 1873, a bill to delay the effective ‘‘Free Trade Area of the Americas’’ (FTAA) At the request of Mr. ASHCROFT, the date of the final rule regarding the will help facilitate greater cooperation and name of the Senator from New Hamp- understanding on trade barrier reduction Organ Procurement and Transplan- shire (Mr. SMITH) was added as a co- throughout the Americas; sponsor of S. 1680, a bill to provide for tation Network. Whereas the trade ministers of 34 countries the improvement of the processing of SENATE RESOLUTION 118 of the Western Hemisphere agreed in 1998 to claims for veterans compensation and At the request of Mr. REID, the name create a permanent Secretariat in order to of the Senator from Illinois (Mr. FITZ- support negotiations on establishing the pensions, and for other purposes. FTAA; GERALD) was added as a cosponsor of S. 1707 Whereas the FTAA Secretariat will employ At the request of Mr. THOMPSON, the Senate Resolution 118, a resolution des- persons to provide logistical, administrative, names of the Senator from Connecticut ignating December 12, 1999, as ‘‘Na- archival, translation, publication, and dis- (Mr. LIEBERMAN) and the Senator from tional Children’s Memorial Day.’’ tribution support for the negotiations; Georgia (Mr. CLELAND) were added as SENATE RESOLUTION 128 Whereas the FTAA Secretariat will be cosponsors of S. 1707, a bill to amend At the request of Mr. COCHRAN, the funded by a combination of local resources name of the Senator from Nebraska and institutional resources from a tripartite the Inspector General Act of 1978 (5 committee consisting of the Inter-American U.S.C. App.) to provide that certain (Mr. KERREY) was added as a cosponsor Development Bank (IDB), the Organization designated Federal entities shall be es- of Senate Resolution 128, a resolution of American States (OAS), and the United tablishments under such Act, and for designating March 2000, as ‘‘Arts Edu- Nations Economic Commission on Latin other purposes. cation Month.’’ America and the Caribbean (ECLAC); S. 1723 SENATE RESOLUTION 196 Whereas the temporary site of the FTAA Secretariat will be located in Miami, Flor- At the request of Mr. WYDEN, the At the request of Mr. WARNER, the ida, from 1999 until February 28, 2001, at name of the Senator from Washington names of the Senator from New Hamp- which point the Secretariat will rotate to (Mr. GORTON) was added as a cosponsor shire (Mr. GREGG), the Senator from Panama City, Panama, until February 28, of S. 1723, a bill to establish a program Arkansas (Mr. HUTCHINSON), the Sen- 2003, and then rotate to Mexico City, Mexico, to authorize the Secretary of the Inte- ator from Rhode Island (Mr. REED), the until February 28, 2005;

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29014 CONGRESSIONAL RECORD—SENATE November 8, 1999 Whereas by 2005 the FTAA Secretariat will the Protection of Civilian Persons in Time of Whereas the United States and the North have international institution status pro- War and the Additional Protocols and dem- Atlantic Treaty Organization achieved all viding jobs and tremendous economic bene- onstrate the Russian government’s complete the military objectives of that conflict; fits to its host city; disregard for these extremely important Whereas there were no United States or Whereas a permanent site for the FTAA international agreements’’; North Atlantic Treaty Organization combat Secretariat after 2005 will likely be selected Whereas the United States believes that fatalities during that conflict; and from among the 3 temporary host cities; the recent targeting of ethnic minorities by Whereas that conflict was the most precise Whereas the city of Miami, Miami-Dade local Russian officials, including blanket de- air assault in history: Now, therefore, be it County, and the State of Florida have long tentions and expulsions, calls into question Resolved, That it is the Sense of the Sen- served as the gateway for trade with the Car- the commitment of the Government of Rus- ate— ibbean and Latin America; sia to pluralism in the process of democratic (1) to designate November 11, 1999, as a spe- Whereas trade between the city of Miami, reform in that country; cial day for recognizing and welcoming home Florida, and the countries of Latin America Whereas the Government of Russia has the members of the Armed Forces (including and the Caribbean totaled $36,793,000,000 in limited media access to and coverage of the active component and reserve component 1998; conflict in Chechnya to preserve Russian personnel), and the civilian personnel of the Whereas the Miami-Dade area and the popular support for the military operation; United States, who participated in the re- State of Florida possess the necessary infra- Whereas the Government of Russia has cently-completed operations in Kosovo and structure, local resources, and culture nec- openly violated its commitments under the the Balkans, including combat operations essary for the FTAA Secretariat’s perma- Flank Document to the Treaty on Conven- and humanitarian assistance operations; nent site; tional Armed Forces in Europe with its de- (2) to designate November 11, 1999, as a spe- Whereas the United States possesses the ployments of military equipment in and cial day for remembering the members of the world’s largest economy and is the leading around Chechnya; and Armed Forces deployed in Kosovo and proponent of trade liberalization throughout Whereas the conduct of the Russian armed throughout the world, and the families of the world; and forces in Chechnya threatens to destabilize such members; Whereas the city of Miami, Florida, the the southern part of the Russian Federation (3) to make the designations under para- State of Florida, and the United States are as well as the region of the Caucasus as a graphs (1) and (2) on November 11, 1999, in uniquely situated among other competing lo- whole : Now, therefore, be it light of the traditional celebration and rec- cations to host the ‘‘Brussels of the Western Resolved, That the Senate— ognition of the veterans of the United States Hemisphere: Now, therefore, be it (1) condemns the use of indiscriminate on November 11 each year; Resolved by the Senate (the House of Rep- force by the Russian armed forces against ci- (4) to acknowledge that the members of the resentatives concurring), That it is the sense vilians in Chechnya; Armed Forces who served in Kosovo and the of the Congress that the President should di- (2) urges the Russian Federation— Balkans responded to the call to arms during rect the United States representative to the (A) to assist those persons who have been a time of change in world history; ‘‘Free Trade Area of the Americas’’ (FTAA) displaced from Chechnya as a result of the (5) to recognize that we live in times of negotiations to use all available means in conflict; and international unrest and that the conflict in order to secure Miami, Florida, as the per- (B) to allow representatives of the inter- Kosovo was a dangerous military operation, manent site of the FTAA Secretariat after national community access to the internally as all combat operations are; and February 28, 2005. displaced persons for humanitarian relief; (6) to acknowledge that the United States and owes a debt of gratitude to the members of f (3) calls upon Russian President Boris the Armed Forces who served in the conflict in Kosovo, to their families, and to all the SENATE RESOLUTION 223—CON- Yeltsin and Prime Minister Vladimir Putin to devote every effort, including the use of members of the Armed Forces who place DEMNING THE VIOLENCE IN themselves in harm’s way each and every CHECHYNA third-party mediation, to the peaceful resolution of the conflict in Chechnya. day. Mr. HELMS (for himself, Mr. BIDEN, f f Mr. WELLSTONE, and Mr. LUGAR) sub- SENATE RESOLUTION 225—TO DES- mitted the following resolution; which SENATE RESOLUTION 224—EX- IGNATE NOVEMBER 23, 2000, was referred to the Committee on For- PRESSING THE SENSE OF THE THANKSGIVING DAY, AS A DAY eign Relations: SENATE TO DESIGNATE NOVEM- TO ‘‘GIVE THANKS, GIVE LIFE’’ S. RES. 223 BER 11, 1999, AS A SPECIAL DAY AND TO DISCUSS ORGAN AND Whereas, since September 1999, the Russian FOR RECOGNIZING THE MEM- TISSUE DONATION WITH OTHER Federation has conducted a military oper- BERS OF THE ARMED FORCES FAMILY MEMBERS ation against Chechnya that has resulted in AND THE CIVILIAN EMPLOYEES the deaths of thousands of innocent civilians Mr. DURBIN (for himself, Mr. FRIST, OF THE UNITED STATES WHO Mr. DEWINE, Mr. LEVIN, Mr. KENNEDY, and the displacement of more than 200,000 PARTICIPATED IN THE RECENT people; Mr. FEINGOLD, Mr. DORGAN, Mrs. Whereas the Russian armed forces is CONFLICT IN KOSOVO AND THE BOXER, Mr. MACK, Mr. DODD, and Mr. launching repeated bombing attacks on the BALKANS THURMOND) submitted the following capital city of Grozny; Mr. CLELAND submitted the fol- resolution; which was referred to the Whereas the recent conflict in Chechnya lowing resolution; which was referred Committee on the Judiciary: represents a continuation of the use of mili- to the Committee on the Judiciary: S. RES. 225 tary force by Russia in 1994–1996, which caused the deaths of approximately 100,000 S. RES. 224 Whereas traditionally, Thanksgiving is a citizens of Russia; Whereas approximately 39,000 members of time for families to take time out of their Whereas neither the use of force in 1994– the Armed Forces and civilian employees of busy lives to come together and to give thanks for the many blessings in their lives; 1996, nor the current use of force in Chechnya the United States were deployed at the peak Whereas approximately 21,000 men, women, enhances the prospects for a peaceful resolu- of the 1999 conflict in Kosovo; and children in the United States are given tion of the status of Chechnya; Whereas approximately 700 United States the gift of life each year through transplan- Whereas the United States condemns ter- aircraft were deployed and committed to tation surgery, made possible by the gen- rorism in all forms, including the bombing combat missions during that conflict; erosity of organ and tissue donations; attacks of apartment buildings in Moscow Whereas approximately 37,000 combat sor- Whereas more than 66,000 Americans are and Volgodonsk in the summer of 1999; ties were flown by aircraft of the North At- awaiting their chance to prolong their lives Whereas the appropriate manner to combat lantic Treaty Organization (NATO) during by finding a matching donor; terrorist attacks is not through the use of that conflict; Whereas nearly 5,000 of these patients each indiscriminate force against civilians; Whereas approximately 25,000 combat sor- year (or 13 patients each day) die while wait- Whereas on November 4, 1999, Elena ties were flown by United States aircraft ing for a donated heart, liver, kidney, or Bonner, Chairman of the Andrei Sakharov during that conflict; other organ; Foundation, testified before the Committee Whereas more than 5,000 weapons strike Whereas nationwide there are up to 15,000 on Foreign Relations of the Senate that missions were completed during that con- potential donors annually, but families’ con- ‘‘carpet bombing and shelling of cities, vil- flict; sent to donation is received for less than lages, and refugee convoys attempting to es- Whereas that conflict was the largest com- 6,000; cape the war zone constitute a grave viola- bat operation in the history of the North At- Whereas the need for organ donations tion of the Geneva Convention Relative to lantic Treaty Organization; greatly exceeds the supply available;

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29015 Whereas designation as an organ donor on There are approximately 21,000 men, Transplant Education Program a driver’s license or voter’s registration is a women, and children in the United (MOTTEP), Transplant Recipients valuable step, but does not ensure donation States who receive the gift of life each International Organization (TRIO), when an occasion arises; Whereas the demand for transplantation year through transplantation surgery United Network for Organ Sharing will likely increase in the coming years due made possible by the generosity of (UNOS), and the Wendy Marks Founda- to the growing safety of transplantation sur- organ and tissue donations. This is tion for Organ Donor Awareness. The gery due to improvements in technology and only a small proportion of the more efforts of these groups and others have drug developments, prolonged life expect- than 66,000 Americans who are on the been critical in increasing donor ancy, and increased prevalence of diseases waiting list, hoping for their chance to awareness and education of the public that may lead to organ damage and failure, prolong their lives by finding a match- on this extremely important cause. including hypertension, alcoholism, and hep- ing donor. Tragically, nearly 5,000 of atitis C infection; Mr. President, I urge all of my col- Whereas the need for a more diverse donor these patients each year (or 13 patients leagues to join me in supporting this pool, including a variety of racial and ethnic each day) die while waiting for a do- worthwhile resolution designating minorities, will continue to grow in the com- nated heart, liver, kidney, or other Thanksgiving day of 2000 as a day for ing years; organ. families to discuss organ and tissue do- Whereas the final decision on whether a In order to narrow the gap between nation with other family members, a potential donor can share the gift of life usu- the supply and the increasing demand day to ‘‘Give Thanks, Give Life.’’ ally is made by surviving family members for donated organs, there must be an regardless of the patient’s initial intent; f effort to encourage willing donors to Whereas many Americans have indicated a AMENDMENTS SUBMITTED ON willingness to donate their organs and tis- make their desire to donate clear to sues but have not discussed this critical mat- the only people able to make the deci- NOVEMBER 5, 1999 ter with the family members who are most sion, if the occasion should arise—their likely to make the decision, if the occasion immediate family members. Although NATIONAL AERONAUTICS AND arises, as to whether that person will be an there are up to 15,000 potential donors organ and tissue donor; SPACE ADMINISTRATION AU- Whereas some family members may be re- annually, families’ consent to donation THORIZATION ACT OF 1999 luctant to give consent to donate their de- is received for less than 6,000 donors. ceased loved one’s organs and tissues at a As the demand for transplantation in- very difficult and emotional time if that per- creases due to prolonged life expect- FRIST AMENDMENT NO. 2542 son has not clearly expressed a desire or will- ancy; increased prevalence of diseases Mr. DOMENICI (for Mr. FRIST) pro- ingness to do so; that lead to organ damage and failure posed an amendment to the bill (H.R. Whereas the vast majority of Americans including hypertension, alcoholism, are likely to spend part of Thanksgiving Day 1654) to authorize appropriations for with some of those family members who and hepatitis C infection, this shortfall the National Aeronautics and Space would be approached to make such a deci- will become even more pronounced. Ad- Administration for fiscal year 2000, sion; and ditionally, the need for a more diverse 2001, and 2002, and for other purposes; Whereas it is fitting for families to spend a donor pool, including a variety of ra- as follows: portion of that day discussing how they cial and ethnic minorities, will also Strike all after the enacting clause and in- might give life to others on a day devoted to continue to grow with the predicted giving thanks for their own blessings: Now, sert the following: population trends. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. therefore, be it Many Americans will spend part of Resolved, That the Senate designates No- (a) SHORT TITLE.—This Act may be cited as vember 23, 2000, Thanksgiving Day, as a day the Thanksgiving Day with some of the ‘‘National Aeronautics and Space Admin- to ‘‘Give Thanks, Give Life’’ and to discuss those family members who would be istration Authorization Act for Fiscal Years organ and tissue donation with other family most likely approached to make the 2000, 2001, and 20002’’. members so that informed decisions can be important decision of whether or not (b) TABLE OF CONTENTS— made if the occasion to donate arises. to donate. Therefore, this would be a Sec. 1. Short title; table of contents. Mr. DURBIN. Mr. President, I am good time for families to spend a por- Sec. 2. Findings. Sec. 3. Definitions. pleased to join with my distinguished tion of that day discussing how they TITLE I—AUTHORIZATION OF colleagues, Senator FRIST, Senator might give life to others on a day de- APPROPRIATIONS DEWINE, Senator KENNEDY, Senator voted to giving thanks for their own SUBTITLE A—AUTHORIZATIONS LEVIN and others in submitting a reso- blessings. Open family discussions on lution that would designate November this topic on a day of relaxation and Sec. 101. International Space Station. Sec. 102. Launch Vehicle and Payload Oper- 23, 2000, Thanksgiving Day, as a day for family togetherness will increase ations. families to discuss organ and tissue do- awareness of the intentions of those Sec. 103. Science, aeronautics, and tech- nation with other family members. The willing to make the courageous and nology. resolution uses the theme Give selfless decision to be organ donors, Sec. 104. Mission support. Thanks, Give Life to encourage these leading to more lifesaving transplants Sec. 105. Inspector General. discussions so that informed decisions in the future. Designation of November Sec. 106. Experimental Program to Stimulate can be made if the occasion to donate 23, 2000, Thanksgiving Day, as a day for Competitive Research. arises. families to Give Thanks, Give Life is SUBTITLE B—LIMITATIONS AND SPECIAL AUTHORITY Traditionally, Thanksgiving is a an important next step to promoting time for families to take time out of the dialogue between willing donors Sec. 111. Use of funds for construction. their busy lives to come together and Sec. 112. Availability of appropriated and their families, so that family mem- amounts. give thanks for the many blessings in bers will know their loved ones’ wishes Sec. 113. Reprogramming for construction of their lives. This presents the perfect long before the issue arises. facilities. opportunity for family members to dis- We have received the support of Sec. 114. Consideration by committees. cuss their intentions on the issue of many national organ and tissue dona- Sec. 115. Use of funds for scientific consulta- organ and tissue donation. Although tion organizations for this resolution tions or extraordinary ex- designation as an organ donor on a including: the American Heart Associa- penses. driver’s license or voter’s registration tion, American Kidney Fund, American TITLE II—INTERNATIONAL SPACE is a valuable first step in the donation Liver Foundation, American Lung As- STATION process, it does not ensure donation sociation, American Society of Trans- Sec. 201. International Space Station contin- will take place since the final decision plant Surgeons, Association of Organ gency plan. Sec. 202. Cost limitation for the Inter- on whether a potential donor will share Procurement Organizations, Coalition national Space Station. the gift of life is always made by sur- on Donation, Eye Bank Association of Sec. 203. Liability cross-waivers for Inter- viving family members regardless of America, National Kidney Foundation, national Space Station-related their loved one’s initial intent. National Minority Organ and Tissue activities.

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TITLE III—MISCELLANEOUS PROVISIONS (5) INSTITUTION OF HIGHER EDUCATION.—The tion Safety program, and of which $25,000,000 Sec. 301. National Aeronautics and Space Act term ‘‘institution of higher education’’ has shall be used to augment research and tech- of 1958 amendments. the meaning given such term in section nology relating to reduction in aircraft noise Sec. 302. Use of existing facilities. 1201(a) of the Higher Education Act of 1965 consistent with a noise reduction goal of Sec. 303. Authority to reduce or suspend con- (20 U.S.C. 1141(a)). 10dB by 2007, and of which $50,000,000 shall be tract payments based on sub- (6) MAJOR REORGANIZATION.—With respect used for ultra-efficient engine technology; stantial evidence of fraud. to the National Aeronautics and Space Ad- (ii) $254,000,000 shall be used for advanced Sec. 304. Notice. ministration, the term ‘‘major reorganiza- space transportation technology, of which Sec. 305. Sense of Congress on the year 2000 tion’’ means any reorganization of the Ad- $111,600,000 shall be used only for the X–33 ad- problem. ministration that involves the reassignment vanced technology demonstration vehicle Sec. 306. Unitary Wind Tunnel Plan Act of of more than 25 percent of the employees of program; and 1949 amendments. the National Aeronautics and Space Admin- (iii) $132,500,000 shall be used for commer- Sec. 307. Enhancement of science and mathe- istration. cial technology,of which some funds may be matics programs. (7) STATE.—The term ‘‘State’’ means each used for the expansion of the NASA business Sec. 308. Authority to vest title. of the several States of the United States, incubation program which is designed to fos- Sec. 309. NASA mid-range procurement test the District of Columbia, the Commonwealth ter partnerships between educational insti- program. of Puerto Rico, the Virgin Islands, Guam, tutions and small high-technology busi- Sec. 310. Space advertising. American Samoa, the Commonwealth of the nesses with preference given to those pro- Sec. 311. Authority to license NASA-devel- Northern Mariana Islands, and any other grams associated with community colleges; oped software. commonwealth, territory, or possession of (E) $406,300,000 for mission communications Sec. 312. Carbon cycle remote sensing tech- the United States. services; nology. (F) $130,000,000 for academic programs, of Sec. 313. Indemnification and insurance. TITLE I—AUTHORIZATION OF APPROPRIATIONS which $46,000,000 shall be used for minority SEC. 2. FINDINGS. university research and education (at insti- Congress makes the following findings: SUBTITLE A—AUTHORIZATIONS tutions such as Hispanic-serving institutions (1) The National Aeronautics and Space SEC. 101. INTERNATIONAL SPACE STATION. and tribally-controlled community colleges), Administration should continue to pursue There are authorized to be appropriated to of which $28,000,000 shall be used for histori- actions and reforms directed at reducing in- the National Aeronautics and Space Admin- cally black colleges and universities; and stitutional costs, including management re- istration for the International Space Sta- (G) $150,000,000 for future planning (space structuring, facility consolidation, procure- tion— launch). ment reform, personnel base downsizing, and (1) $2,282,700,000 for fiscal year 2000; (2) for fiscal year 2001— convergence with other defense and commer- (2) $2,328,000,000 for fiscal year 2001; and (A) $2,262,498,000 for Space Science; cial sector systems, while sustaining safety (3) $2,091,000,000 for fiscal year 2002. (B) $263,886,000 for life and microgravity standards for personnel and hardware. SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPER- sciences and applications, and appropriate (2) The National Aeronautics and Space ATIONS. funding shall be made available for con- Administration should sustain its proud his- There are authorized to be appropriated to tinuing clinical trials of islet transplan- tory as the leader of the United States in National Aeronautics and Space Administra- tation in patients with Type I diabetes uti- basic aeronautics and space research. tion for Launch Vehicle and Payload Oper- lizing immunoisolation technologies derived (3) The United States is on the verge of ations— from NASA space flights; creating and using new technologies in (1) for fiscal year 2000— (C) $1,502,873,000 for Earth Science; microsatellites, information processing, and (A) $2,547,400,000 for space shuttle oper- (D) $1,036,695,000 for aeronautics and space space launches that could radically alter the ations; transportation technology, of which manner in which the Federal Government (B) $463,800,000 for space shuttle safety and $820,000,000 shall be used for aeronautical re- approaches its space mission. performance upgrades; and search and technology, of which— (4) The Federal Government should invest (i) at least $60,000,000 shall be used for the in the types of research and innovative tech- (C) $169,100,000 for payload and utilization operations. Aviation Safety program; nology in which United States commercial (ii) $25,000,000 shall be used to augment re- providers do not invest, whole avoiding com- (2) for fiscal year 2001— (A) $2,623,822,000 for space shuttle oper- search and technology relating to reduction petition with the activities in which United in aircraft noise consistent with a noise re- States commercial providers do invest. ations; (B) $481,964,000 for space shuttle safety and duction goal of 10dB by 2007; (5) International cooperation in space ex- (iii) $75,000,000 shall be used to augment re- ploration and science activities serves the performance upgrades; and (C) $174,173,000 for payload and utilization search and technology for engine and air- interest of the United States. frame efficiency and emissions reduction; (6) In participating in the National Aero- operations. (3) for fiscal year 2002— and nautical Test Alliance, the National Aero- (iv) $50,000,000 shall be used for ultra-effi- (A) $2,702,537,000 for space shuttle oper- nautics and Space Administration and the cient engine technology; ations; Department of Defense should cooperate (E) $418,489,000 for mission communications (B) $505,523,000 for space shuttle safety/per- more effectively in leveraging the mutual services; formance upgrades; and capabilities of these agencies to conduct (F) $133,900,000 for academic programs; and joint aeronautics and space missions that (C) $179,398,000 for payload and utilization (G) $150,000,000 for future planning (space not only improve United States aeronautics operations. launch). and space capabilities, but also reduce the SEC. 103. SCIENCE, AERONAUTICS, AND TECH- (3) for fiscal year 2002— cost of conducting those missions. NOLOGY. (A) $2,330,373,000 for Space Science; SEC. 3. DEFINITIONS. There are authorized to be appropriated to (B) $271,803,000 for life and microgravity In this Act: the National Aeronautics and Space Admin- sciences and applications, and appropriate (1) ADMINISTRATOR.—The term ‘‘Adminis- istration for Science, Aeronautics, and Tech- funding shall be made available for con- trator’’ means the Administrator of the Na- nology— tinuing clinical trials of islet transplan- tional Aeronautics and Space Administra- (1) for fiscal year 2000— tation in patients with Type I diabetes uti- tion. (A) $2,196,600,000 for Space Science; lizing immunoisolation technologies derived (2) COMMERCIAL PROVIDER.—The term (B) $256,200,000 for life and microgravity from NASA space flights; ‘‘Commercial provider’’ means any person sciences and applications, of which $2,000,000 (C) $1,547,959,000 for Earth Science; providing space transportation services or shall be for research and early detection sys- (D) $1,067,796,000 for aeronautics and space other space-related activities, the primary tem for breast and ovarian cancer and other transportation technology, of which control of which is held by persons other women’s health issues, and $2,000,000 shall be $880,000,000 shall be used for aeronautical re- than a Federal, State, local, or foreign gov- made available for immediate clinical trials search and technology, of which— ernment. of islet transplantation in patients with (i) at least $60,000,000 shall be used for the (3) CRITICAL PATH.—The term ‘‘critical Type I diabetes utilizing immunoisolation Aviation Safety program; path’’ means the sequence of events of a technologies derived from NASA space (ii) $25,000,000 shall be used to augment re- schedule of events under which a delay in flights; search and technology relating to reduction any event causes a delay in the overall (C) $1,459,100,000 for Earth Science; in aircraft noise consistent with a noise re- schedule. (D) $1,156,500,000 for aeronautics and space duction goal of 10dB by 2007; (4) GRANT AGREEMENT.—The term ‘‘grant transportation technology, of which— (iii) $75,000,000 shall be used to augment re- agreement’’ has the meaning given that term (i) $770,000,000 shall be used for aero- search and technology for engine and air- in section 6302(2) of title 31, United States nautical research and technology, of which frame efficiency and emissions reduction; Code. at least $60,000,000 shall be used for the Avia- and

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29017 (iv) $50,000,000 shall be used for ultra-effi- pose is the conduct of scientific research, (1) a full and complete statement of the ac- cient engine technology; title to these facilities shall be vested in the tion proposed to be taken by the Adminis- (E) $431,044,000 for mission communications United States. trator with respect to be taken by the Ad- services; (2) EXCEPTION.—If the Administrator deter- ministrator with respect to that program; (F) $137,917,000 for academic programs; and mines that the national program of aero- and (G) $280,000,000 for future planning (space nautical and space activities will best be (2) the facts and circumstances that the launch). served by vesting title to a facility referred Administrator relied on to support the pro- SEC. 104. MISSION SUPPORT. to in paragraph (1) in an institution or orga- posed action referred to in paragraph (1). There are authorized to be appropriated to nization referred to in that paragraph, the (c) INFORMATION.—The Administrator shall the National Aeronautics and Space Admin- title to that facility shall vest in that insti- keep the Committee on Commerce, Science, istration for mission support— tution or organization. and Transportation of the Senate and the (1) for fiscal year 2000— (3) CONDITION.—Each grant referred to in Committee on Science of the House of Rep- (A) $43,000,000 for safety, mission assur- paragraph (1) shall be made under such con- resentatives fully and currently informed ance, engineering, and advanced concepts; ditions as the Administrator determines to with respect to all activities and responsibil- (B) $89,700,000 for space communication be necessary to ensure that the United ities of the National Aeronautics and Space services; States will receive benefits from the grant Administration within the jurisdiction of (C) $181,000,000 for construction of facili- that are adequate to justify the making of those committees. ties, including land acquisition; and the grant. SEC. 115. USE OF FUNDS FOR SCIENTIFIC CON- (D) $2,181,200,000 for research and program SEC. 112. AVAILABILITY OF APPROPRIATED SULTATIONS OR EXTRAORDINARY management, including personnel and re- AMOUNTS. EXPENSES. lated costs, travel, and research operations To the extent provided in appropriations Not more than $35,000 of the amounts made support. Acts, appropriations authorized under sub- available by appropriations pursuant to sec- (2) $2,569,747,000 for fiscal year 2001. title A may remain available without fiscal tion 103 may be used by the Administrator (3) $2,646,839,000 for fiscal year 2002. year limitation. for scientific consultations or extraordinary SEC. 105. INSPECTOR GENERAL. SEC. 113. REPROGRAMMING FOR CONSTRUCTION expenses. There are authorized to be appropriated to OF FACILITIES. TITLE II—INTERNATIONAL SPACE the National Aeronautics and Space Admin- (a) USE OF CONSTRUCTION FUNDS.—Subject STATION. istration for Inspector General— to subsection (b), in addition to the amounts SEC. 201. INTERNATIONAL SPACE STATION CON- (1) $20,800,000 for fiscal year 2000; authorized for construction of facilities TINGENCY PLAN. (2) $21,424,000 for fiscal year 2001; and under section 101(4) or section 103(3), the Ad- (a) TRANSFER OF FUNDS TO RUSSIA.—Not- (3) $22,066,720 for fiscal year 2002. ministrator may, for that purpose, from withstanding any other provision of this Act, SEC. 106. EXPERIMENTAL PROGRAM TO STIMU- funds otherwise available to the Adminis- no funds or inkind payments shall be trans- LATE COMPETITIVE RESEARCH. trator— ferred to any entity of the Russian Govern- Of the amounts authorized to be appro- (1) use an additional amount equal to 10 ment or any Russian contractor to perform priated for academic programs under section percent of the amount specified; or work on the International Space Station 103(1)(F), 103(2)(F), and 103(3)(F), respec- (2) to meet unusual cost variations, use an which the Russian Government pledged, at tively, the Administrator shall use, for the additional amount equal to 25 percent of any time, to provide at its expense. The sub- program known as the Experimental Pro- that amount, after the termination of a 30- section shall not apply to the purchase or gram to Stimulate Competitive Research— day period beginning on the date on which modification of— (1) $10,000,000 for fiscal year 2000; the Administrator submits a report on the (1) the Russian Service Module, United (2) $15,000,000 for fiscal year 2001; and circumstances of such action by the Admin- States owned Functional Cargo Block, Rus- (3) $20,000,000 for fiscal year 2002. istrator to the Committee on Commerce, sian space launch vehicles and launch serv- Science, and Transportation of the Senate ices; or Subtitle B—Limitations and Special and the Committee on Science of the House Authority (2) until the assembly of the United States of Representatives. lab module, command and control capa- SEC. 111. USE OF FUNDS FOR CONSTRUCTION. (b) LIMITATION.—The aggregate amount au- bility. (a) AUTHORIZED USES.—Funds made avail- thorized to be appropriated for construction (b) CONTINGENCY PLAN FOR RUSSIAN ELE- able by appropriations under section 101, of facilities under section 101(4) and section MENTS IN CRITICAL PATH.—The Administrator paragraphs (1)(A), (1)(B), (2)(A), (2)(B), (3)(A), 103(3) shall not be increased as a result of shall develop and deliver to Congress, within and (3)(B) of section 102, section 103, and any action taken by the Administrator 60 days of enactment, a contingency plan for paragraphs (1)(A), (1)(B), (2)(A), and (2)(B) of under paragraph (1) or (2). the removal or replacement of each Russian section 104 and funds made available by ap- SEC. 114. CONSIDERATION BY COMMITTEES. Government element of the International propriations for research operations support (a) IN GENERAL.— Space Station that lies in the Station’s crit- pursuant to section 104 may, at any location (1) LIMITATION ON USE OF FUNDS.—Except as ical path, as well as Russian space launch in support of the purposes for which such provided in subsection (b), notwithstanding services. Such plan shall include— funds are appropriated, be used for— any other provision of law, no amount made (1) decision points for removing or replac- (1) the construction of new facilities; and available by appropriations for the National ing those elements and launch services, to (2) additions to, repair of, rehabilitation of, Aeronautics and Space Administration in ex- the maximum extent feasible, necessary for or modification of existing facilities (in excess of the amount authorized for that pro- completion of the International Space Sta- istence on the date on which such funds are gram under this title may be used for any tion; made available by appropriation). program with respect to which— (2) the estimated cost of implementing (b) LIMITATION.— (A) the annual budget request submitted each such decision; and (1) IN GENERAL.—Until the date specified in by the President under section 1105(a) of title (3) the cost, to the extent determinable, of paragraph (2), no funds may be expended pur- 31, United States Code, included a request for removing or replacing a Russian Government suant to subsection (a) for a project, with re- funding; and critical path element or launch service after spect to which the estimated cost to the Na- (B) for the fiscal year of the request re- its decision point has passed, if— tional Aeronautics and Space Administra- ferred to in subparagraph (A), Congress de- (A) the decision at that point was not to tion, including collateral equipment, exceeds nied or did not provide funding. remove or replace the Russian Government $1,000,000. (2) PROHIBITION.—Notwithstanding any element or launch service; and (2) DATE.—The date specified in this para- other provision of law, no amount made (B) the National Aeronautics and Space graphs is the date that is 30 days after the available by appropriations to the National Administration later determines that the Administrator notifies the Committee on Aeronautics and Space Administration may Russian Government will be unable to pro- Commerce, Science, and Transportation of be used for any program that is not author- vide the critical path element or launch the Senate and the Committee on Science of ized under this Act, except for projects for service in a manner to allow completion of the House of Representatives of the nature, construction of facilities. the International Space Station. location, and estimated cost to the National (b) EXCEPTION.—Funds may be used for a (c) BIMONTHLY REPORTING ON RUSSIAN STA- Aeronautics and Space Administration of the program of the National Aeronautics and TUS.—On or before December 1, 1999, and project referred to in paragraph (1). Space Administration upon the expiration of until substantial completion (as defined in (c) TITLE TO FACILITIES.— the 30-day period beginning on the date on section 202(b)(3) of this Act) of the assembly (1) IN GENERAL.—If funds are used pursuant which the Administrator provides a notice to of the International Space Station, the Ad- to subsection (a) for grants for the purchase the Committee on Commerce, Science, and ministrator shall report to Congress on the or construction of additional research facili- Transportation of the Senate and the Com- first day of every other month whether or ties to institutions of higher education, or to mittee on Science of the House of Represent- not the Russians have performed work ex- nonprofit organizations whose primary pur- atives that contains— pected of them and necessary to complete

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the International Space Station. Such report (d) NOTICE OF CHANGES.—The Adminis- ural person who is an employee of the United shall also include a statement of the Admin- trator shall provide with each annual budget States, the cooperating party, or the cooper- istrator’s judgment concerning Russia’s abil- request a written notice and analysis of any ating party’s subcontractors) or such natural ity to perform work anticipated and required changes under subsection (c) to the amounts person’s estate, survivors, or subrogees for to complete the International Space Station set forth in subsection (a) to the Senate negligence, except with respect to a subrogee before the next report under this subsection. Committees on Appropriations and on Com- that is a party to the waiver or has other- (d) DECISION ON RUSSIAN CRITICAL PATH merce, Science, and Transportation and to wise agreed to be bound by the terms of the ITEMS.—The President shall notify Congress the House of Representatives Committees on waiver. within 90 days of enactment of this Act of Appropriations and on Science. The written (3) INDEMNIFICATION FOR DAMAGES.—A re- the decision on whether or not to proceed notice shall include— ciprocal waiver under subsection (a) may not with permanent replacement of the Russian (1) an explanation of the basis for the be used as the basis of a claim by the Admin- Service Module, other Russian elements in change, including the costs associated with istration or the cooperating party for indem- the critical path of the International Space the change and the expected benefit to the nification against the other for damages paid Station, or Russian launch services. Such program to be derived from the change; and to a natural person, or that natural person’s notification shall include the reasons and (2) an analysis of the impact on the assem- estate, survivors, or subogrees, for injury or justifications for the decision and the costs bly schedule and annual funding estimates of death sustained by that natural person as a associated with the decision. Such decision not receiving the requested increases. result of activities connected to the Inter- shall include a judgment of when the assem- (e) REPORTING AND REVIEW.— national Space Station Program. bly of the International Space Station will (1) IDENTIFICATION OF COSTS.— (c) SAFETY OVERSIGHT AND REVIEW RE- be completed. If the President decides to pro- (A) SPACE SHUTTLE.—As part of the over-all QUIRED.—In the exercise of the authority proceed with a permanent replacement for the space shuttle program budget request for vided in subsection (a), and consistent with Russian Service Module or any other Rus- each fiscal year, the Administrator shall relevant agreements with cooperating par- sian element in the critical path or Russian identify separately the amounts of the re- ties in the International Space Station Pro- launch service, the President shall notify quested funding that are to be used for com- gram, the Administrator shall establish Congress of the reasons and the justification pletion of the assembly of the International overall safety requirements and plans and for the decision to proceed with the perma- Space Station. shall conduct overall integrated system safe- nent replacement, and the costs associated (B) INTERNATIONAL SPACE STATION.—As part ty reviews for International Space Station with the decision. of the overall International Space Station elements and payloads, and may undertake SEC. 202. COST LIMITATION FOR THE INTER- budget request for each fiscal year, the Ad- any and all authorized steps (including, but NATIONAL SPACE STATION ministrator shall identify the amount to be not limited to, removal from launch mani- (a) LIMITATION OF COSTS.—Except as pro- used for development of the International fest) to ensure, to the maximum extent pos- vided in subsection (c), the total amount ap- Space Station. sible, that such elements and payloads pose propriated for— (2) ACCOUNTING FOR COST LIMITATIONS.—As no safety risks for the International Space (1) costs of the International Space Station part of the annual budget request to the Con- Station. through completion of assembly may not ex- gress, the Administrator shall account for (d) DEFINITIONS.—In this section: ceed $21,900,000,000; and the cost limitations imposed by subsection (1) COOPERATING PARTY.—The term ‘‘co- (2) space shuttle launch costs in connec- (a). operating party’’ means any person who en- tion with the assembly of the International (3) VERIFICATION OF ACCOUNTING.—The Ad- ters into an agreement or contract with the Space Station through completion of assem- ministrator shall arrange for a verification, Administration for the performance or sup- bly may not exceed $17,700,000,000 (deter- by the General Accounting Office, of the ac- port of scientific, aeronautical, or space ac- mined at the rate of $380,000,000 per space counting submitted to the Congress within tivities in furtherance of the International shuttle flight). 60 days after the date on which the budget Space Station Program. (b) COSTS TO WHICH LIMITATION APPLIES.— request is transmitted to the Congress. (2) RELATED ENTITY.—The term ‘‘related (1) DEVELOPMENT COSTS.—The limitation (4) INSPECTOR GENERAL.—Within 60 days entity’’ includes contractors or subcontrac- imposed by subsection (a)(1) does not apply after the Administrator provides a notice tors at any tier, suppliers, grantees, and in- to funding for operations, research, and crew and analysis to the Congress under sub- vestigators or detailees. return activities subsequent to substantial section (d), the Inspector General of the Na- (3) COMMON TERMS.—Any term used in this completion of the International Space Sta- tional Aeronautics and Space Administra- section that is defined in the National Aero- tion. tion shall review the notice and analysis was nautics and Space Act of 1958 (42 U.S.C. 2451 (2) LAUNCH COSTS.—The limitation imposed provided. et seq.) has the same meaning in this section by subsection (a)(2) does not apply to space SEC. 203. LIABILITY CROSS-WAIVERS FOR INTER- as when it is used in that Act. shuttle launch costs in connection with oper- NATIONAL SPACE STATION-RELATED (e) EFFECT ON PREVIOUS WAIVERS.—Sub- ations, research, and crew return activities ACTIVITIES. section (a) applies to any waiver of claims subsequent to substantial completion of the (a) IN GENERAL.—Notwithstanding any entered into by the Administrator without International Space Station. other provision of law, the Administrator, on regard to whether it was entered into before, (3) SUBSTANTIAL COMPLETION.—For pur- behalf of the United States, its departments, on, or after the date of enactment of this poses of this subsection, the International agencies, and related entities, may recip- Act. Space Station is considered to be substan- rocally waive claims with cooperating par- TITLE III—MISCELLANEOUS PROVISIONS tially completed when the development costs ties, and the related entities of such cooper- SEC. 301. NATIONAL AERONAUTICS AND SPACE comprise 5 percent or less of the total Inter- ating parties under which each party to each ACT OF 1958 AMENDMENTS. national Space Station costs for the fiscal such waiver agrees to be responsible, and (a) DECLARATION OF POLICY AND PURPOSE.— year. agrees to ensure that its own related entities Section 102 of the National Aeronautics and (c) AUTOMATIC INCREASE OF LIMITATION are responsible, for damage or loss to its Space Act of 1958 (42 U.S.C. 2451) is amend- AMOUNT.—The amounts set forth in sub- property or to property for which it is reed— section (a) shall each be increased to reflect sponsible, or for losses resulting from any in- (1) by striking subsection (f); any increase in costs attributable to— jury or death sustained by its own employees (2) by redesignating subsections (g) and (h) (1) economic inflation; or agents, as a result of activities connected as subsection (f) and (g), respectively; and (2) compliance with changes in Federal, to the International Space Station Program. (3) in subsection (g), as redesignated by State, or local laws enacted after the date of (b) LIMITATIONS.— paragraph (1) of this subsection, by striking enactment of this Act; (1) CLAIMS.—A reciprocal waiver under sub- ‘‘(f) and (g)’’ and inserting ‘‘and (f)’’. (3) the lack of performance or the termi- section (a) may not preclude a claim by any (b) REPORTS TO CONGRESS.—Section 206(a) nation of participation of any of the Inter- natural person (including, but not limited to, of the National Aeronautics and Space Act of national countries participating in the Inter- a natural person who is an employee of the 1958 (42 U.S.C. 2476(a)) is amended— national Space Station; and United States, the cooperating party, or the (1) by striking ‘‘January’’ and inserting (4) new technologies to improve safety, re- cooperating party’s subcontractors) or that ‘‘May’’; and liability, maintainability, availability, or natural person’s estate, survivors, or (2) by striking ‘‘calendar’’ and inserting utilization of the International Space Sta- subrogees for injury or death, except with re- ‘‘fiscal’’. tion, or to reduce costs after completion of spect to a subrogee that is a party to the (c) DISCLOSURE OF TECHNICAL DATA.—Sec- assembly, including increases in costs for on- waiver or has otherwise agreed to be bound tion 303 of the National Aeronautics and orbit assembly sequence problems, increased by the terms of the waiver. Space Act of 1958 (42 U.S.C. 2454) is amended ground testing, verification and integration (2) LIABILITY FOR NEGLIGENCE.—A recip- by adding at the end the following new sub- activities, contingency responses to on-orbit rocal waiver under subsection (a) may not section: failures, and design improvements to reduce absolve any party of liability to any natural ‘‘(c) The Administrator may delay for a pe- the risk of on-orbit failures. person (including, but not limited to, a nat- riod not to exceed 5 years after development,

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29019 the unrestricted public disclosure of tech- dustry, and to notify the United States Sen- that serves any of the grades of kindergarten nical data that would have been a trade se- ate Committee on Commerce, Science, and through grade 12. cret or commercial or financial information Transportation and the United States House (b) SENSE OF CONGRESS.— that is privileged or confidential under the of Representatives Committee on Science if (1) IN GENERAL.—It is the sense of Congress meaning of section 552(b)(4) of title 5, United existing Administration authority is insuffi- that the Administrator should, to the great- States Code, if the information had been ob- cient for this purpose. est extent practicable and in a manner contained from a non-Federal party, in any case SEC. 303. AUTHORITY TO REDUCE OR SUSPEND sistent with applicable Federal law (includ- in which the technical data is generated in CONTRACT PAYMENTS BASED ON ing Executive Order No. 12999), donate educa- the performance of experimental, develop- SUBSTANTIAL EVIDENCE OF FRAUD. tionally useful Federal equipment to schools mental, or research activities or programs Section 2307(i)(8) of title 10, United States in order to enhance the science and mathe- conducted by, or funded in whole or in part Code, is amended by striking ‘‘and (4)’’ and matics programs of those schools. by, the Administration. The technical data inserting ‘‘(4), and (6)’’. (2) REPORTS.—Not later than 1 year after referred to in the preceding sentence shall SEC. 304. NOTICE. the date of enactment of this Act, and annually thereafter, the Administrator shall pre- not be subject to the disclosure requirements (a) NOTICE OF REPROGRAMMING.—If any of section 552 of title 5, United States Code.’’. funds appropriated pursuant to the amend- pare and submit to Congress a report de- SEC. 302. USE OF EXISTING FACILITIES. ments made by this Act are subject to a re- scribing any donations of educationally useful Federal equipment to schools made dur- (a) IN GENERAL.—In any case in which the programming action that requires notice to ing the period covered by the report. Administrator considers the purchase, lease, be provided to the Committees on Appropria- or expansion of a facility to meet require- tions of the Senate and the House of Rep- SEC. 308. AUTHORITY TO VEST TITLE. ments of the National Aeronautics and Space resentatives, notice of that action shall con- Title III of the National Aeronautics and Administration, the Administrator, taking currently be provided to the Committee on Space Act of 1958 (72 Stat. 432 et seq.) is into account the applicable requirements of Commerce, Science, and Transportation of amended by adding at the end the following: Federal law relating to the use or disposal of the Senate and the Committee on Science of ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PER- excess or surplus property, including the the House of Representatives. SONAL PROPERTY FOR RESEARCH OR TECH- Federal Property and Administrative Serv- (b) NOTICE OF REORGANIZATION.—Not later NOLOGY DEVELOPMENT ices Act of 1949, shall— than 30 days before any major reorganization ‘‘SEC. 313. Notwithstanding any other pro- (1) consider whether there is available to involving the reassignment of more than 25 vision of law, the Administrator may vest the Administrator for use for meeting those percent of the employees of any program, title in tangible property (as that term is de- requirements— project, or activity of the National Aero- fined by the Administrator) in any partici- (A) any military installation that is closed nautics and Space Administration, the Ad- pant that enters into a cooperative agree- or being closed; ministrator shall provide notice to the Com- ment with the Administrator if— (B) any facility at an installation referred mittees on Commerce, Science, and Trans- ‘‘(1) the primary purpose of the participant to in subparagraph (A); or portation and Appropriations of the Senate is to conduct scientific research or tech- (C) any other facility that the Adminis- and the Committees on Science and Appro- nology development; trator determines to be— priations of the House of Representatives. ‘‘(2) the property is acquired with amounts (i) owned or leased by the United States for SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 provided under a cooperative agreement be- the use of another agency of the Federal PROBLEM. tween the participant and the Administrator Government; and With the year 2000 rapidly approaching, it to conduct scientific research or technology (ii) considered by the head of the agency is the sense of Congress that the Adminis- development; involved— trator should— ‘‘(3) the Administrator determines that (I) to be excess to the needs of that agency; (1) give high priority to correcting all 2- vesting the title of the property in the par- or digit date-related problems in the computer ticipant furthers the objectives of the Na- (II) to be underutilized by that agency; and systems of the National Aeronautics and tional Aeronautics and Space Administra- (2) in the case of an underutilized facility Space Administration to ensure that those tion; and available in part for use to meet those re- systems continue to operate effectively in ‘‘(4) the vesting of the title in the partici- quirements, consider locating an activity of the year 2000 and in subsequent years; pant is made— the National Aeronautics and Space Admin- (2) as soon as practicable after the date of ‘‘(A) on the condition that the United istration for which a facility is required at enactment of this Act, assess the extent of States Government will not incur any fur- that underutilized facility in such manner as the risk to the operations of the National ther obligation; and ‘‘(B) subject to any other condition that to share the use of the facility with 1 or Aeronautics and Space Administration posed the Administrator considers to be appro- more agencies of the Federal Government. by the problems referred to in paragraph (1), priate.’’. (b) ADDITION OR EXPANSION.—To the max- and plan and budget for achieving compli- imum extent feasible and cost-effective (and SEC. 309. NASA MID-RANGE PROCUREMENT TEST ance for all of the mission-critical systems PROGRAM. not inconsistent with the purposes of the De- of the system by the year 2000; and Section 5062 of the Federal Acquisition fense Base Closure and Realignment Act of (3) develop contingency plans for those sys- Streamlining Act of 1994 (42 U.S.C. 2473 nt) is 1990 (104 Stat. 1808 et seq.) and the amend- tems that the National Aeronautics and amended— ments made by that Act), the Administrator Space Administration is unable to correct by (1) in subsection (a), by inserting after the shall meet the requirements of the National the year 2000. first sentence the following: ‘‘In addition to Aeronautics and Space Administration for SEC. 306. UNITARY WIND TUNNEL PLAN ACT OF providing any other notice of any acquisition additional or expanded facilities by using fa- 1949 AMENDMENTS. under the test conducted under this section, cilities that— The Unitary Wind Tunnel Plan Act of 1949 the Administrator shall publish a notice of (1) the Administrator considers, pursuant (50 U.S.C. 511 et seq.) is amended— that acquisition in, or make such a notice to subsection (a), to be available to the Ad- (1) in section 101 by striking ‘‘transsonic available through, the automated version of ministrator for use to meet those require- and supersonic’’ and inserting ‘‘transsonic, the Commerce Business Daily published by ments; and supersonic, and hypersonic’’; and the Secretary of Commerce.’’; (2) meet the management needs of the Na- (2) in section 103— (2) in subsection (b), by striking ‘‘an esti- tional Aeronautics and Space Administra- (A) in subsection (a)— mated annual total obligation of funds of tion. (i) by striking ‘‘laboratories’’ and inserting $500,000 or less’’ and inserting ‘‘a basic value (c) UNDERUTILIZED INFRASTRUCTURE.—The ‘‘laboratories and centers’’; and (as that term is defined by the Adminis- United States space launch industry has (ii) by striking ‘‘supersonic’’ and inserting trator)— identified underutilized infrastructure at the ‘‘transsonic, supersonic, and hypersonic’’; ‘‘(1) of $2,000,000 or less; or Stennis Space Center for potential use in and ‘‘(2) if options to purchase are involved, of launch vehicle development activities. The (B) in subsection (c), by striking ‘‘labora- $10,000,000 or less.’’; proposed use of this infrastructure is com- tory’’ and inserting ‘‘facility’’. (3) in subsection (c), by striking patible with the Center’s propulsion test pro- SEC. 307. ENHANCEMENT OF SCIENCE AND MATH- ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’; grams and consistent with other efforts to EMATICS PROGRAMS. and optimize taxpayer investments while fos- (a) DEFINITIONS.—In this section: (4) in subsection (f), by striking ‘‘4 years’’ tering United States competitiveness and (1) EDUCATIONALLY USEFUL FEDERAL EQUIP- and inserting ‘‘6 years’’. commercial use of space. The National Aero- MENT.—The term ‘‘educationally useful Fed- SEC. 310. SPACE ADVERTISING. nautics and Space Administration is encour- eral equipment’’ means computers and re- (a) DEFINITION.—Section 70102 of title 49, aged to pursue an appropriate method for lated peripheral tools and research equip- United States Code, is amended— making the underutilized Stennis Space Cen- ment that is appropriate for use in schools. (1) by redesignating paragraphs (8) through ter infrastructure available under suitable (2) SCHOOL.—The term ‘‘school’’ means a (16) as paragraphs (9) through (17), respec- terms and conditions, if so requested by in- public or private educational institution tively; and

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29020 CONGRESSIONAL RECORD—SENATE November 8, 1999 (2) by inserting after paragraph (7) the fol- SEC. 312. CARBON CYCLE REMOTE SENSING On page 3, line 8, strike ‘‘$30,000,000’’ and lowing: TECHNOLOGY. insert ‘‘$20,000,000’’. ‘‘(8) ‘obtrusive space advertising’ means (a) CARBON CYCLE REMOTE SENSING TECH- On page 4, strike lines 19 through 21 and in- advertising in outer space that is capable of NOLOGY PROGRAM.— sert the following: being recognized by a human being on the (1) IN GENERAL.—The Administrator of the (1) by striking ‘‘Each’’ and all that follows surface of the Earth without the aid of a tel- National Aeronautics and Space Administra- through the colon and inserting the fol- escope or other technological device.’’. tion, shall develop a carbon cycle remote lowing: ‘‘Each of the following projects is au- (b) PROHIBITION.—Chapter 701 of title 49, sensing technology program— thorized to be carried out by the Secretary, United States Code, is amended by inserting (A) to provide, on a near-continual basis, a and no construction on any such project may after section 70109 the following new section: real-time and comprehensive view of vegeta- be initiated until the Secretary determines ‘‘§ 70109a. Space advertising tion conditions; and that the project is technically sound, envi- (B) to assess and model agricultural carbon ‘‘(a) LICENSING.—Notwithstanding the pro- ronmentally acceptable, and economically sequestration. visions of this chapter or any other provision justified:’’; (2) USE OF CENTERS.—The Administrator of On page 5, strike lines 9 through 12 and in- of law, the Secretary may not, for the launch the National Aeronautics and Space Admin- of a payload containing any material to be sert the following: istration shall use regional earth science ap- ll used for the purposes of obtrusive space ad- SEC. . COMITE RIVER, LOUISIANA. plication centers to conduct research under vertising— Section 371 of the Water Resources Devel- this section. ‘‘(1) issue or transfer a license under this opment Act of 1999 (113 Stat. 321) is amend- (3) RESEARCHED AREAS.—The area that chapter; or ed— shall be subjects of research conducted under ‘‘(2) waive the license requirements of this (1) by inserting ‘‘(a) IN GENERAL.—’’ before this section include— chapter. ‘‘The’’; and (A) the mapping of carbon-sequestering ‘‘(b) LAUNCHING.—No holder of a license (2) by adding at the end the following: under this chapter may launch a payload land use and land cover; ‘‘(b) CREDITING OF REDUCTION IN NON-FED- (B) the monitoring of changes in land cover containing any material to be used for pur- ERAL SHARE.—The project cooperation agree- and management; poses of obtrusive space advertising on or ment for the Comite River Diversion Project (C) new systems for the remote sensing of after the date of enactment of the National shall include a provision that specifies that soil carbon; and Aeronautics and Space Administration Au- any reduction in the non-Federal share that (D) regional-scale carbon sequestration es- thorization Act for Fiscal Year 2000. results from the modification under sub- timation. ‘‘(c) COMMERCIAL SPACE ADVERTISING.— section (a) shall be credited toward the share (b) REGIONAL EARTH SCIENCE APPLICATION Nothing in this section shall apply to non- of project costs to be paid by the Amite CENTER.— obtrusive commercial space advertising, in- River Basin Drainage and Water Conserva- (1) IN GENERAL.—The Administrator of the cluding advertising on— tion District.’’. National Aeronautics and Space Administra- ‘‘(1) commercial space transportation vehi- SEC. ll. CHESAPEAKE CITY, MARYLAND. tion, may, at the sole discretion of the Ad- cles; Section 535(b) of the Water Resources De- ‘‘(2) space infrastructure, payloads; ministrator based on maximizing the use of velopment Act of 1999 (113 Stat. 349) is ‘‘(3) space launch facilities; and public funds, carry out this section through amended by striking ‘‘the city of Chesa- ‘‘(4) launch support facilities.’’. the Regional Earth Science Application Cen- peake’’ each place it appears and inserting (c) NEGOTIATION WITH FOREIGN LAUNCHING ter located at the University of Kansas (re- ‘‘Chesapeake City’’. NATIONS.— ferred to in this section as the ‘‘Center’’), if SEC. ll. CONTINUATION OF SUBMISSION OF (1) The President is requested to negotiate the Center enters into a partnership with a CERTAIN REPORTS BY THE SEC- with foreign launching nations for the pur- landgrant college or university. RETARY OF THE ARMY. pose of reaching 1 or more agreements that (2) DUTIES OF CENTER.—The Center shall (a) RECOMMENDATIONS OF INLAND WATER- prohibit the use of outer space for obtrusive serve as a research facility and clearing- WAYS USERS BOARD.—Section 302(b) of the space advertising purposes. house for satellite data, software, research, Water Resources Development Act of 1986 (33 (2) It is the sense of Congress that the and related information with respect to re- U.S.C. 2251(b)) is amended in the last sen- President should take such action as is ap- mote sensing research conducted under this tence by striking ‘‘The’’ and inserting ‘‘Not- propriate and feasible to enforce the terms of section. withstanding section 3003 of Public Law 104– any agreement to prohibit the use of outer (3) USE OF CENTER.—The Administrator of 66 (31 U.S.C. 1113 note; 109 Stat. 734), the’’. space for obtrusive space advertising pur- the National Aeronautics and Space Admin- (b) LIST OF AUTHORIZED BUT UNFUNDED poses. istration, may use the Center for carrying STUDIES.—Section 710(a) of the Water Re- (3) As used in this subsection, the term out remote sensing research relating to agri- sources Development Act of 1986 (33 U.S.C. ‘‘foreign launching nation’’ means a nation— cultural best practices. 2264(a)) is amended in the first sentence by (A) that launches, or procures the launch- (c) AUTHORIZATION OF APPROPRIATIONS.— striking ‘‘Not’’ and inserting ‘‘Notwith- ing of, a payload into outer space; or There is authorized to be appropriated to standing section 3003 of Public Law 104–66 (31 (B) from the territory or facility of which carry out this section $5,000,000 for fiscal U.S.C. 1113 note; 109 Stat. 734), not’’. a payload is launched into outer space. years 2000 through 2002. (c) REPORTS ON PARTICIPATION OF MINORITY (d) CLERICAL AMENDMENT.—The table of SEC. 313. INDEMNIFICATION AND INSURANCE. GROUPS AND MINORITY-OWNED FIRMS IN MIS- sections for chapter 701 is amended by insert- Section 431(d)(5) of the Departments of SISSIPPI RIVER-GULF OUTLET FEATURE.—Sec- ing after the item relating to section 70109 Veterans Affairs and Housing and Urban De- tion 844(b) of the Water Resources Develop- the following: velopment, and Independent Agencies Appro- ment Act of 1986 (100 Stat. 4177) is amended ‘‘70109a. Space advertising.’’. priations Act, 1999 (42 U.S.C. 2458b nt) is in the second sentence by striking ‘‘The’’ SEC. 311. AUTHORITY TO LICENSE NASA-DEVEL- amended by striking ‘‘before the date of en- and inserting ‘‘Notwithstanding section 3003 OPED SOFTWARE actment of this Act.’’ and inserting ‘‘before of Public Law 104–66 (31 U.S.C. 1113 note; 109 Section 305 of the National Aeronautics July 31, 1999.’’. Stat. 734), the’’. and Space Act of 1958 (42 U.S.C. 2457) is (d) LIST OF AUTHORIZED BUT UNFUNDED f amended by adding at the end thereof the PROJECTS.—Section 1001(b)(2) of the Water following: AMENDMENTS SUBMITTED ON Resources Development Act of 1986 (33 U.S.C. ‘‘(m) AUTHORITY TO LICENSE NASA-DEVEL- NOVEMBER 8, 1999 579a(b)(2)) is amended in the first sentence by OPED SOFTWARE.—Notwithstanding section striking ‘‘Every’’ and inserting ‘‘Notwith- 105 of title 17, United States Code, the Ad- standing section 3003 of Public Law 104–66 (31 ministrator may assert copyright in com- TECHNICAL CORRECTIONS TO THE U.S.C. 1113 note; 109 Stat. 734), every’’. puter software authored by a United States ll WATER RESOURCES DEVELOP- SEC. . AUTHORIZATIONS FOR PROGRAM PRE- Government employee when such software is VIOUSLY AND CURRENTLY FUNDED. created while participating with a non-Fed- MENT ACT OF 1999 (a) PROGRAM AUTHORIZATION.—The pro- eral party under an agreement entered into gram described in subsection (c) is hereby under section 203(c)(5) and (c)(6) of this Act. authorized. The Administrator may grant, to the non- WARNER (AND OTHERS) (b) AUTHORIZATION OF APPROPRIATIONS.— Federal participating party, for royalties or AMENDMENT NO. 2773 Funds are hereby authorized to be appro- other consideration, licenses or assignments Mr. GRASSLEY (for Mr. WARNER (for priated for the Department of Transpor- on computer software copyrighted pursuant tation for the program authorized in sub- himself, Mr. L. CHAFEE, and Mr. REED)) to this subsection and may retain and share section (a) in amounts as follows: such royalties or other consideration con- proposed an amendment to the bill (1) FISCAL YEAR 2000.—For fiscal year 2000, sistent with section 14 of the Stevenson- (H.R. 2724) to make technical correc- $10,000,000. Wydler Technology Innovation Act of 1980 (15 tions to the Water Resoruces Develop- (2) FISCAL YEAR 2001.—For fiscal year 2001, U.S.C. 3710c).’’. ment Act of 1999; as follows: $10,000,000.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29021 (3) FISCAL YEAR 2002.—For fiscal year 2002, AUTHORITY FOR COMMITTEES TO 62 percent of Americans eligible to vote in $7,000,000. MEET the 1998 midterm election chose not to, while (c) APPLICABILITY.—The program referred less than a majority voted in the 1996 presi- to in subsection (a) is the program for which COMMITTEE ON COMMERCE, SCIENCE, AND dential election. funds appropriated in title I of Public Law TRANSPORTATION Those of us who know less, care less, par- 106–69 under the heading ‘‘FEDERAL RAIL- Mr. GRASSLEY. Mr. President, I ask ticipate less, and vote less than other eligi- ROAD ADMINISTRATION’’ are available for unanimous consent that the Senate ble voters are the 18- to 24-year-olds. obligation upon the enactment of legislation Committee on Commerce, Science, and Personal consumption and borrowing are authorizing the program. transportation be authorized to meet at an all-time high while our savings rate is f on Monday, November 8, 1999, at 9:30 at an all-time low. a.m. on mergers in the communica- Record market growth and new prosperity ARCTIC TUNDRA HABITAT tions industry. will likely result in the largest transfer of EMERGENCY CONSERVATION ACT individual fortune and economic capital to The PRESIDING OFFICER. Without the next generation in our history. objection it is so ordered. Concurrently, the abrogation of any obli- ABRAHAM AMENDMENT NO. 2774 SPECIAL COMMITTEE ON AGING gation to transfer to the next generation Mr. GRASSLEY. Mr. President, I ask some appreciation of civic capital and public Mr. GRASSLEY (for Mr. ABRAHAM) unanimous consent that the Senate responsibility is more palpable than ever in proposed an amendment to the bill Committee on Aging be authorized to our history. (H.R. 2454) to assure the long-term con- meet on November 8, 1999, at 2:00 p.m.– Writing of an earlier democracy, historian servation of mid-continent light geese Edward Gibbon put our symptoms in per- 5:00 p.m. in Hart 216 for the purpose of spective: ‘‘When the Athenians finally want- and the biological diversity of the eco- conducting a hearing. system upon which many North Amer- ed not to give to society but for society to The PRESIDING OFFICER. Without give to them, when the freedom they wished ican migratory birds depend, by direct- objection it is so ordered. for most was freedom from responsibility, ing the Secretary of the Interior to im- f then Athens ceased to be free.’’ plement rules to reduce the overabun- Let’s face it. We, too, have become so ob- dant population of mid-continent light PAUL KIRK ON ‘‘WHAT WE CAN DO sessed with self-gratification and gain that geese; as follows: FOR DEMOCRACY’’ we view our rights and freedoms as entitle- Strike Title II. ∑ ments and ignore the civic duties and re- Mr. KENNEDY. Mr. President, Paul sponsibilities that ensure them. f Kirk, who is well known to many of us George Santayana warned: ‘‘Those who fail as a distinguished past chairman of the COASTAL BARRIER MAP BOUND- to remember the past are condemned to re- Democratic Party, recently wrote an peat it.’’ To avert a repeat of an Athenian ARY CLARIFICATION LEGISLA- eloquent and insightful article on the calamity, Americans’ attitudes must change. TION state of politics in America today. En- When the Kennedy Library conference titled ‘‘What We Can Do For Democ- asked what we must do to strengthen citi- racy,’’ Mr. Kirk’s article discusses the zenship and service for the future, the SMITH OF NEW HAMPSHIRE growing political apathy of Americans, attendees responded: AMENDMENT NO. 2775 and challenges citizens to take a more The present ‘‘access for sale’’ culture must be replaced with comprehensive campaign fi- MITH Mr. GRASSLEY (for Mr. S of active role in government. This issue nance reform that provides some public fi- New Hampshire) proposed an amend- goes to the heart of our democracy, nancing and free TV time to candidates who ment to the bill (S. 1398) to clarify cer- and I believe that all of us who are con- agree to reasonable spending limits. Only tain boundaries on maps relating to cerned about it will be interested in this can renew citizens’ trust that our votes the Coastal Barrier Resources System; Mr. Kirk’s ideas. I ask that his article matter and our voices will be heard equally. as follows: may be printed in the RECORD. Civic literacy education must be ingrained On page 2, line 25, strike ‘‘July 1, 1999’’ and The article follows: from grade school through college with extra-curricular citizenship activities that insert ‘‘October 18, 1999’’. [From the Boston Globe, Nov. 3, 1999] include possible school credit for community f ‘‘WHAT WE CAN DO FOR DEMOCRACY’’ service. (By Paul G. Kirk, Jr.) An attitude of welcome inclusion and con- EXPRESSING THE SENSE OF THE tinuing citizenship education must be avail- SENATE REGARDING THE Alarms have sounded; no one has panicked; the response has been universal. Much time able to all ‘‘new’’ Americans. UNITED STATES POLICY TO- and an estimated $200 billion have been spent Each measure is critical, but who will as- WARD NATIO AND THE EURO- on readiness and remediation plans to avert sure their adoption? John W. Gardner coun- PEAN UNION a Y2K computer calamity. But how well are seled that the ‘‘plain truth is that govern- we responding to a Y2K alarm of greater con- ment (and other powerful institutions) will sequence—the distressed health of America’s not become worthy of trust until citizens LEVIN AMENDMENT NO. 2776 democracy? take positive action to hold them to ac- John Kennedy once admonished: ‘‘Democ- count.’’ You and I can ignore the alarm, thus Mr. GRASSLEY (for Mr. LEVIN) pro- racy is never a final achievement . . . it is a contributing to the calamity, or we can take posed an amendment to the resolution call to an untiring effort.’’ In this twilight of positive action to rescue our democracy. (S. Res. 208) expressing the sense of the ‘‘America’s Century’’ and before the dawn of Citizens must launch a campaign to renew Senate regarding United States policy a new millennium, now seems a logical time our national character and the spirit of citi- toward the North Atlantic Treaty Or- to take stock of our effort. zenship and participation. One by one, our ganization and the European Union, in A few weeks ago the Kennedy Library ob- individual response can inspire a collective light of the Alliance’s April 1999 Wash- served its 20th anniversary by inviting more national chorus reminding others that our freedom and democracy are directly depend- ington Summit and the European than 75 distinguished business leaders, college presidents, public officials, nonprofit ex- ent on our own patriotism, active citizen- Union’s June 1999 Cologne Summit; as ecutives, and journalists to begin the assess- ship, unselfish service, respect for pluralism, follows: ment. They found the following symptoms: and intolerance of the present condition. In section 1(b), strike paragraph (1) and in- An all-time high level of cynicism, dis- Mark my words. If you and I commit ‘‘an sert the following: affection, and citizen disconnect from poli- untiring effort’’ to this national civic cam- (1) on matters of trans-Atlantic concern, tics coincides with an all-time high level of paign, communities, organizations, edu- the European Union should make clear that powerful interest money being spent on po- cators, religious and business leaders, the it would undertake an autonomous mission litical campaigns. media and opinion shapers, political can- through the European Security and Defense Money is now the all-consuming obsession didates and parties, and, yes, the President Identity only after the North Atlantic Trea- of candidates and parties, the deterrent to of the United States whom we elect one year ty Organization had declined to undertake political competition, the barrier to equal from now will follow. that mission; representation, the controlling factor in Think about it. It’s called ‘‘consent of the In section 1(b)(5), strike ‘‘must’’ and insert nominations and elections, and the cor- governed.’’ It’s our democracy, and it’s a ‘‘should’’. rupting influence of public policy decisions. noble campaign you’ll be proud to win.∑

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29022 CONGRESSIONAL RECORD—SENATE November 8, 1999 U.N. ARREARS PACKAGE MAYOR JOE SERNA cates for justice and equality between ∑ Mr. GRAMS. Mr. President, I have ∑ Mrs. BOXER. Mr. President, a great races. come to the floor today to call on Con- American died this past weekend: Daisy Bates’ life was one of convic- gress and the President to make sure Mayor Joe Serna Jr. of Sacramento, tion and resolve. Her character was a the UN reform package is signed into California. Mayor Serna was much be- model of grace and dignity. law before we recess. As Chairman of loved by his constituents, family, and Mrs. Bates was born in 1914, the small the International Operations Sub- friends. We will all miss him terribly. town of Huttig, Arkansas in the south- committee, I have worked hard to help Joe Serna and I became friends while ern part of the state. Her life was forge a solid bipartisan United Nations working closely together on gun con- touched by the violence of racial ha- reform package. trol, education, and other issues of mu- tred at a young age, when her mother Our message in crafting this legisla- tual concern. He was a man of great vi- was killed while resisting the advances tion is simple and straightforward. The sion, courage, energy, warmth, and of three white men. Her father left U.S. can help make the United Nations humor. soon thereafter, and Daisy was raised a more effective, more efficient and fi- He was also a living embodiment of by friends of her family. nancially sounder organization, but the American Dream: a first-genera- Daisy moved to Little rock and mar- only if the U.N. and other member tion American who helped to reshape ried L.C. Bates, a former newspaper- states, in return, are willing to finally the capital of our Nation’s largest man, in 1942. For eighteen years, the become accountable to the American state. two published the Arkansas State taxpayers. Joe Serna Jr. was born in 1939, the Press, the largest black newspaper in The reforms proposed by the United son of Mexican immigrants. As the old- the state. The Arkansas State Press States are critical to ensure the United est of four children, Joe grew up in a was an influential voice in the state of Nations is effective and relevant. Am- bunkhouse and worked with his family Arkansas which played a key role in bassador Holbrooke has been pushing in the beet fields around Lodi. the civil rights movement. Daisy and other member states to accept the re- Joe never forgot his roots. After at- L.C. used the State Press to focus at- forms in this package in return for the tending Sacramento City College and tention on issues of inequity in the payment of arrears. He has succeeded graduating from California State Uni- criminal justice system, police bru- beyond all reasonable expectations, by versity, Sacramento, he served in the tality and segregation. gaining our seat back on the budget Peace Corps and went to work for the In 1952, Daisy was elected president oversight committee—the ACABQ. But United Farm Workers, where Cesar of the state chapter of the National As- he needs this bill signed into law in sociation for the Advancement of Col- order to convince the UN that reform Chavez became his mentor and role model. ored People. It was from this position will bring certain rewards. that she was thrust into the national But passing this UN package is not In 1969, Joe managed the successful spotlight, as a leader during the crisis just about a series of reforms for the campaign of Manuel Ferrales for the of Central High School in 1957, when future. It impacts directly on the abil- Sacramento City Council. After serving black students attempting to enter the ity of the US mission to achieve our on the city’s redevelopment agency in school were blocked by rioters and the goals at the United Nations right now. the 1970s, Joe was elected to the Coun- The US does not owe most of these ar- cil himself in 1981. He was elected National Guard. Throughout the crisis, the Little rears to the UN. It owes them to our al- mayor in 1992 and re-elected in 1996, Rock Nine would gather in her tiny lies, like Britain and France, for reim- winning both races by wide margins. bursement for peacekeeping expenses. Throughout his terms in office, he con- home before and after school to And our arrears are being used as a tinued to work as a professor of gov- strategize about their survival. It was convenient excuse to dismiss US con- ernment and ethnic studies at his alma her home from which the Little Rock cerns on matters of policy. Depriving mater, Cal State Sacramento. Nine were picked up from every morn- the US government the ability to use Mayor Serna virtually rebuilt the ing by federal troops to take them to these funds as leverage is irresponsible; city of Sacramento. He forged public- Central High, to face the rioters and after all, our diplomats need ‘‘carrots’’ private partnerships to redevelop the the hatred. It was her home that was as well as reasonable ‘‘sticks’’ to downtown, revitalize the neighbor- attacked by the segregationists. achieve our foreign policy goals. hoods, and reform the public school Even after the Little Rock Nine fi- Unfortunately, the Clinton Adminis- system. He presided over an urban ren- nally received federal protection to at- tration and my colleagues in the House aissance that transformed Sacramento tend Central High, Daisy Bates contin- of Representatives are jeopardizing the into a dynamic modern metropolis. ued to face violence and harassment. payment of our arrears over a policy Joe Serna died as he lived: with great Threats were made against her life. that I call ‘‘Mexico City lite.’’ While I strength and dignity. Last month, as Bombs made of dynamite were thrown support the proposal to prohibit US he publicly discussed his impending at her house. KKK crosses were burned government grant recipients from lob- death from cancer, he said, ‘‘I was sup- on her lawn. On two separate occa- bying foreign governments to change posed to live and die as a farmworker, sions, her house was set on fire and all their abortion laws, I do not believe it not as a mayor and a college professor. the glass in the front of the house was should be linked to the payment of our I have everything to be thankful for. I broken out. UN arrears. If these unrelated issues have the people to thank for allowing It’s hard to imagine how difficult it continue to be tied, then there is a me to be their mayor. I have society to must have been for Daisy Bates to con- good chance neither proposal will be thank for the opportunity it has given tinue pursuing her convictions under enacted. me.’’ such circumstances, but her persever- I am hopeful that my colleagues in Mr. President, it is we who are ance is true testament to the strength the House and the Administration will thankful today for having had such a of her character. Despite the violence, see the wisdom of adopting measures man serve the people of California.∑ harassment and intimidation, Daisy that will enhance America’s ability to f Bates would not be deterred. She spent exert leadership in the international several more decades actively advanc- arena with the revitalization of the CIVIL RIGHTS LEADER DAISY ing the cause of civil rights, and helped UN. The State Department Authoriza- BATES the town of Mitchellville, Arkansas to tion bill should be allowed to pass or ∑ Mr. HUTCHINSON. Mr. President, I elect its first black mayor and city fail on its own merit—not on the mer- rise today before the Senate to praise council. its of the Mexico City lite policy. This one of the true heroes of the civil I am saddened that Mrs. Bates will agreement is in America’s best inter- rights movement, Daisy Bates. In her not be on hand next week when the est, and the best interest of the entire death yesterday at age 84, America has Little Rock Nine is presented the Con- international community.∑ lost one of the most courageous advo- gressional Medal of Honor. That honor

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29023 is truly one that belongs to her, the might think, so don’t button up your vest did not welcome resident Jewish correspond- woman who shepherded those brave and go all stiff on us. But when it comes to ents. As a columnist, I felt fear for the whit- young men and women through those the foundation—fairness—don’t fool around tling away of Israeli strength by the Israelis, with it, or we will come down on you. and still do. extremely difficult days forty years Journalists often have to hurt people, just I wrote about the persecution of Christians ago. My prayers go out to the family by reporting the facts. But they do not have in china. When people, in astonishment, and the many friends of Daisy Bates. I to cause unnecessary cruelty, to run their asked why, I replied, in astonishment, be- know that God is throwing open the rings across anybody’s face for the pleasure cause it is happening, because the world, in- gates of heaven today for Daisy, a of it—and that goes for critics, too. cluding American and European Christians woman who helped so many others When you finish a story, I would say, read and Jews, pays almost no attention, and that enter doors that were once barred to it, substitute your name for the subject’s. If plain disgusts me. them.∑ you say, well, it would make me miserable, The lassitude about Chinese Communist make my wife cry, but it has no innuendo, no brutalities is part of the most nasty Amer- f unattributed pejorative remarks, no slap in ican reality of this past half-century. Never THE DEPARTURE OF A.M. ROSEN- the face for joy of slapping, it is news, not before have the U.S. government, business THAL FROM THE NEW YORK gutter gossip, and as a reporter I know the and public been willing, eager really, to writer was fair, then give it to the copy desk. praise and enrich tyranny, to crawl before it, TIMES If not, try again—we don’t want to be your to endanger our martial technology—and all ∑ Mr. MOYNIHAN. Mr. President, cop. for the hope (vain) of trade profit. Please read these remarks! A.M. Rosen- Sometimes I have a nightmare that on a America is going through plump times. thal has just this past Friday con- certain Wednesday—why Wednesday I don’t But economic strength is making us weaker cluded fifty-five years as a reporter, know—The Times disappeared forever. I in head and soul. We accept back without wake trembling; I know this paper could penalty a president who demeaned himself editor, and columnist for The New never be recreated. I will never tremble for and us. We rain money on a Politburo that York Times. There has been none such the loss of any publication that has no en- must rule by terror lest it lose its collective ever. Nor like to be again. Save, of forced ethic of fairness. head. course, that this moment marks a Starting fresh—the idea frightened me. I cannot promise to change all that. But I fresh start for the legendary, and al- Then I realized I was not going alone. I can say that I will keep trying and that I though he would demur, beloved Abe. would take my brain and decades of thank God for (a) making me an American Mr. President, I ask unanimous con- newspapering with me. And I understood citizen, (b) giving me that college-boy job on sent that A.M. Rosenthal’s last column many of us had done that on the paper—mov- The Times, and (c) handing me the oppor- ing from one career to another. tunity to make other columnists kick them- and an editorial from Friday’s Times First I was a stringer from City College, selves when they see what I am writing, in be printed in the RECORD. my most important career move. It got me this fresh start of my life. The material follows: inside a real paper and paid real money. [From The New York Times, Nov. 5, 1999] Twelve dollars a week, at a time when City’s [From The New York Times, Nov. 5, 1999] ON MY MIND free tuition was more than I could afford. A.M. ROSENTHAL OF THE NEW YORK TIMES My second career was as a reporter in New (By A.M. Rosenthal) The departure of a valued colleague from York, with a police press pass, which cops The New York Times is not, as a rule, occa- On Jan. 6, 1987, when The New York Times were forever telling me to shove in my ear. sion for editorial comment. But the appear- printed my first column, the headline I had I got a two-week assignment at the brand- ance today of A. M. Rosenthal’s last column written was: ‘‘Please Read This Column!’’ It new United Nations, and stayed eight years, on the Op-Ed page requires an exception. Mr. was not just one journalist’s message of the until I got what I lusted for—a foreign post. day, but every writer’s prayer—come know I served The Times in Communist Poland, Rosenthal’s life and that of this newspaper me. for the first time encountering the suffo- have been braided together over a remark- Sometimes I wanted to use it again. But I cating intellectual blanket that is Com- able span—from World War II to the turning was smitten by seizures of modesty and de- munism’s great weapon. In due time I was of the millennium. His talent and passionate cided twice might be a bit showy. Now I have thrown out. ambition carried him on a personal journey the personal and journalistic excuse to set it But mostly it was Asia. The four years in from City College correspondent to executive down one more time. India excited me then and forever. Rosen- editor, and his equally passionate devotion This is the last column I will write for The thal, King of the Khyber Pass! to quality journalism made him one of the Times and my last working day on the paper. After nine years as a foreign cor- principal architects of the modern New York I have no intention of stopping writing, respondent, somebody decided I was too Times. journalistically or otherwise. And I am happy in Tokyo and nagged me into going Abe Rosenthal began his career at The buoyed by the knowledge that I will be start- home to be an editor. At first I did not like Times as a 21-year-old cub reporter scratch- ing over. it, but I came to enjoy editing—once I being for space in the metropolitan report, and Still, who could work his entire journal- came the top editor. Rosenthal, King of the he ended it as an Op-Ed page columnist istic career—so far—for one paper and not Hill! noted for his commitment to political and leave with sadnesses, particularly when the When I stepped down from that job, I start- religious freedom. In between he served as a paper is The Times? Our beloved, proud New ed all over again as a times Op-Ed columnist, correspondent at the United Nations and was York Times—ours, not mine or theirs, or paid to express my own opinions. If I had based in three foreign countries, winning a yours, but ours, created by the talents and done that as a reporter or editor dealing Pulitzer Prize in 1960 for his reporting from endeavor of its staff, the faithfulness of the with the news, I would have broken readers’ Poland. He came home in 1963 to be metro- publishing family and, as much as anything trust that the news would be written and politan editor. In that role and in higher po- else, by the ethics and standards of its read- played straight. sitions, he became a tireless advocate of ers and their hunger for ever more informa- Straight does not mean dull. It means opening the paper to the kind of vigorous tion, of a range without limit. straight. If you don’t know what that means, writing and deep reporting that character- Arrive in a foreign capital for the first you don’t belong on this paper. Clear? ized his work. As managing editor and execu- time, call a government minister and give As a columnist, I discovered that there tive editor, Abe Rosenthal was in charge of just your name. Ensues iciness. But add ‘‘of were passions in me I had not been aware of, The Times’s news operations for a total of 17 The New York Times,’’ and you expect to be lying under the smatterings of knowledge years. invited right over and usually are; nice. about everything that I had to collect as ex- Of his many contributions as an editor, ‘‘Our proud New York Times’’—sounds ar- ecutive editor—including hockey and deben- two immediately come to mind. One was his rogant and is a little, why not? But the pride tures, for heaven’s sake. role in the publication of the Pentagon Pa- is individual as well as institutional. For Mostly the passions had to do with human pers, the official documents tracing a quar- members of the staff, news and business, the rights, violations of—like African women ter-century of missteps that entangled pride is in being important to the world’s having their genitals mutilated to keep America in the Vietnam War. Though hardly best paper—you hear?—and being able to them virgin, and Chinese and Tibetan polit- alone among Times editors, Mr. Rosenthal stretch its creative reach. And there is pride ical prisoners screaming their throats raw. was instrumental in mustering the argu- knowing that even if we are not always hon- I wrote with anger at drug legitimizers and ments that led to the decision by our then est enough with ourselves to achieve fair- rationalizers, helping make criminals and publisher, Arthur Ochs Sulzberger, to pub- ness, that is what we promise the readers, destroying young minds, all the while with lish the archive. That fateful decision helped and the standard to which they must hold us. nauseating sanctimony. illustrate the futile duplicity of American I used to tell new reporters: The Times is As a correspondent, it was the Arab states, policy in Vietnam, strengthened the press’s far more flexible in writing styles than you not Israel, that I wanted to cover. But they First Amendment guarantees and reinforced

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 29024 CONGRESSIONAL RECORD—SENATE November 8, 1999 The Times’s reputation as a guardian of the UNANIMOUS CONSENT REQUEST— I am delighted that the Senate has public interest. H.R. 3196 recognized the accomplishments of the The second achievement, more institu- Mr. GRASSLEY. Mr. President, I ask Czechs and the Slovaks and has wished tional in nature, was Mr. Rosenthal’s central them continued success in the future role in transforming The Times from a two- unanimous consent that the Senate section to a four-section newspaper with the now proceed to the consideration of as partners of the United States. introduction of a separate business section H.R. 3196, the foreign operations appro- I thank the Chair. and new themed sections like SportsMonday, priations bill. I further ask consent Mr. GRASSLEY. Mr. President, I ask Weekend and Science Times. Though a jour- that a substitute amendment, which is unanimous consent that the resolution nalist of the old school, Abe Rosenthal at the desk, be agreed to, the bill be be agreed to, the preamble be agreed grasped that such features were necessary to read a third time and passed, the mo- to, the motion to reconsider be laid broaden the paper’s universe of readers. He tion to reconsider be laid upon the upon the table, and any statements re- insisted only that the writing, editing and lating to this resolution be printed in article selection measure up to The Times’s table, and any statement relating to traditional standards. the bill be printed in the RECORD. I fur- the RECORD. By his own admission, Abe Rosenthal could ther ask consent that the Senate insist The PRESIDING OFFICER. Without be ferocious in his pursuit and enforcement on its amendment and request a con- objection, it is so ordered. of those standards. Sometimes, indeed, de- ference with the House. The concurrent resolution (S. Con. bate about his management style competed Ms. LANDRIEU. I object. Res. 68) was agreed to. for attention with his journalistic achieve- The PRESIDING OFFICER. Objec- The preamble was agreed to. ments. But the scale of this man’s editorial tion is heard. The concurrent resolution, with its accomplishments has come more fully into f preamble, reads as follows: focus since he left the newsroom in 1986. It is S. CON. RES. 68 now clear that he seeded the place with tal- 10TH ANNIVERSARY OF HISTORIC ent and helped ensure that future genera- EVENTS IN CENTRAL AND EAST- Whereas on September 3, 1918, the United tions of Times writers and editors would hew States Government recognized the Czecho- to the principles of quality journalism ERN EUROPE Slovak National Council as the official Gov- Born in Canada, Mr. Rosenthal developed a Mr. GRASSLEY. Mr. President, I ask ernment of Czechoslovakia; deep love for New York City and a fierce af- unanimous consent that the Senate Whereas on October 28, 1918, the peoples of fection for the democratic values and civil now proceed to the immediate consid- Bohemia, Moravia, and part of Silesia, com- liberties of his adopted country. For the last eration of Calendar No. 380, S. Con. prising the present Czech Republic, and peo- 13 years, his lifelong interest in foreign af- Res. 68. ples of Slovakia, comprising the present Slo- fairs and his compassion for victims of polit- The PRESIDING OFFICER. The vak Republic, proclaimed their independence ical, ethnic or religious oppression in Tibet, in a common state of the Czechoslovak Re- China, Iran, Africa and Eastern Europe clerk will report the concurrent resolu- public; formed the spine of his Op-Ed columns. His tion by title. Whereas on November 17, 1939, the Czech strong, individualistic views and his bedrock The legislative clerk read as follows: institutions of higher learning were closed journalistic convictions have informed his A concurrent resolution (S. Con. Res. 68) by the Nazis, many students were taken to work as reporter, editor and columnist. His expressing the sense of Congress on the occa- concentration camps, and nine representa- voice will continue to be a force on the sion of the 10th anniversary of historic tives of the student movement were exe- issues that engage him. And his commitment events in Central and Eastern Europe, par- cuted; to journalism as an essential element in a ticularly the Velvet Revolution in Czecho- Whereas between 1938 and 1945, the Nazis democratic society will abide as part of the slovakia, and reaffirming the bonds of annexed part of Bohemia, set up a fascist living heritage of the newspaper he loved and friendship and cooperation between the ‘‘protectorate’’ in the rest of Bohemia and in served for more than 55 years.∑ United States and the Czech and Slovak Re- Moravia, and installed a puppet fascist gov- publics. ernment in Slovakia; f There being no objection, the Senate Whereas the Communists seized power from the democratically elected government THE MARTEL FAMILY proceeded to consider the concurrent resolution. of Czechoslovakia in March 1948; ∑ Mr. BURNS. Mr. President, I rise Mr. BIDEN. Mr. President, I rise to Whereas troops from Warsaw Pact countries invaded Czechoslovakia in August 1968, today in recognition of the Martel fam- congratulate my colleagues for having ily of Bozeman, Montana. ousted the reformist government of Alex- supported S. Con. Res. 68, a sense-of- ander Dubcek, and restored a hard-line com- In 1951, Emil Martel and his family the-Senate resolution, which I cospon- munist regime; fled communist Russia and eventually sored with Senator HELMS, commemo- Whereas on November 17, 1989, the brutal settled in Bozeman. In 1960, Emil and rating the tenth anniversary of the so- break up of a student demonstration com- his son, Bill, formed Martel Construc- called Velvet Revolution, whereby the memorating the 50th anniversary of the exe- tion and constituted its entire work- people of Czechoslovakia overthrew the cution of Czech student leaders and the clo- force. In the past forty years, however, communist dictatorship that had op- sure of universities by the Nazis triggered the explosion of mass discontent that Martel Construction has grown to em- pressed them for four decades. ploy 200 people and now contracts in launched the Velvet Revolution, which was Since then, Czechoslovakia decided characterized by reliance on nonviolence and six states. Today, Martel Construction to effect a ‘‘Velvet Divorce.’’ Today open public discourse; maintains its familiar character and is both successor states, the Czech Repub- Whereas the peoples of Czechoslovakia still run as a family business. Martel lic and the Slovak Republic, are in the overthrew 40-years of totalitarian com- Construction was recently awarded the process of integrating into the West. munist rule in order to rebuild a democratic United States Small Business Adminis- The Czech Republic is already a mem- society; tration’s 1999 Entrepreneurial Success ber of the North Atlantic Treaty Orga- Whereas since November 17, 1989, the peo- Award as well as the 1999 Montana nization, and Slovakia is emerging as a ple of the Czech and Slovak Republics have Family Business of the Year award by established a vibrant, pluralistic, democratic strong candidate for the next round of political system based upon freedom of the College of Business at Montana enlargement. Both countries are busily speech, a free press, free and fair open elec- State University-Bozeman. preparing to qualify for membership in tions, the rule of law, and other democratic Martel Construction and the Martel the European Union. principles and practices as they were recog- family represent a modern American Both countries have growing pains nized by President Wilson and President success story. I applaud them not only associated with the difficult transi- Thomas G. Masaryk; for what they have accomplished for tions from dictatorship to democracy, Whereas the Czech Republic joined the themselves but also for what they have and from a command economy to the North Atlantic Treaty Organization on given back to their community. Their free market. Both have ongoing chal- March 12, 1999, the admission of which was approved by the Senate of the United States hard work serves as inspiration for lenges to guarantee equal rights for on April 30, 1998; other small businesses in my state of minorities. But the overall picture for Whereas the Czech and Slovak Republics Montana; their success is proof that the Czech Republic and for the Slovak are in the process of preparing for admission the American Dream lives on.∑ Republic is bright. to the European Union;

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.002 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29025 Whereas the people of the United States The PRESIDING OFFICER. The The PRESIDING OFFICER. The and the Czech and Slovak Republics have clerk will report the bill by title. clerk will report the bill by title. maintained a special relationship based on The legislative clerk read as follows: The legislative clerk read as follows: shared democratic values, common interests, A bill (S. 923) to promote full equality at A bill (H.R. 2724) to make technical correc- and bonds of friendship and mutual respect; the United Nations for Israel. tions to the Water Resources Development and Act of 1999. Whereas the American people have an af- There being no objection, the Senate finity with the peoples of the Czech and Slo- proceeded to consider the bill. There being no objection, the Senate vak Republics and regard the Czech and Slo- Mr. GRASSLEY. Mr. President, I ask proceeded to consider the bill, which vak Republics as trusted and important part- unanimous consent that the bill be had been reported from the Committee ners: Now, therefore, be it read a third time and passed, the mo- on Environment and Public Works, Resolved by the Senate (the House of Rep- tion to reconsider be laid upon the with an amendment to strike all after resentatives concurring), That the Congress— table, and any statements relating to (1) recognizes the 10th anniversary of the the enacting clause and inserting in historic events in Central and Eastern Eu- the bill be printed in the RECORD. lieu thereof the following: rope that brought about the collapse of the The PRESIDING OFFICER. Without SECTION 1. ENVIRONMENTAL INFRASTRUCTURE. communist regimes and the fall of the Iron objection, it is so ordered. (a) JACKSON COUNTY, MISSISSIPPI.—Section Curtain, and commemorates with the Czech The bill (S. 923) was read the third 219 of the Water Resources Development Act of and Slovak Republics the 10th anniversary of time and passed, as follows: 1992 (106 Stat. 4835; 110 Stat. 3757) is amended— the Velvet Revolution in Czechoslovakia, S. 923 (1) in subsection (c), by striking paragraph (5) which underscores the significance and value Be it enacted by the Senate and House of Rep- and inserting the following: of reclaimed freedom and the dignity of indi- resentatives of the United States of America in ‘‘(5) JACKSON COUNTY, MISSISSIPPI.—Provision vidual citizens; Congress assembled, of an alternative water supply and a project for the elimination or control of combined sewer (2) commends the peoples of the present SECTION 1. SHORT TITLE. overflows for Jackson County, Mississippi.’’; Czech and Slovak Republics for their This Act may be cited as the ‘‘Equality for and achievements in building new states and plu- Israel at the United Nations Act of 1999’’. ralistic democratic societies nearly 60 years (2) in subsection (e)(1), by striking SEC. 2. EFFORT TO PROMOTE FULL EQUALITY AT ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. of totalitarian fascist and communist rule; THE UNITED NATIONS FOR ISRAEL. (b) MANCHESTER, NEW HAMPSHIRE.—Section (3) supports the peoples of the Czech and (a) CONGRESSIONAL STATEMENT.—It is the 219(e)(3) of the Water Resources Development Slovak Republics in their determination to sense of the Congress that— Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is join trans-Atlantic institutions through (1) the United States should help promote amended by striking ‘‘$10,000,000’’ and inserting memberships in the North Atlantic Treaty an end to the inequity experienced by Israel ‘‘$30,000,000’’. Organization (NATO) and the European in the United Nations whereby Israel is the (c) ATLANTA, GEORGIA.—Section 219(f)(1) of Union; only longstanding member of the organiza- the Water Resources Development Act of 1992 (4) reaffirms the bonds of friendship and tion to be denied acceptance into any of the (106 Stat. 4835; 113 Stat. 335) is amended by close cooperation that have existed between United Nations region blocs, which serve as striking ‘‘$25,000,000 for’’. the United States and the Czech and Slovak the basis for participation in important ac- (d) PATERSON, PASSAIC COUNTY, AND PASSAIC Republics; and tivities of the United Nations, including ro- VALLEY, NEW JERSEY.—Section 219(f)(2) of the (5) extends the warmest congratulations tating membership on the United Nations Water Resources Development Act of 1992 (106 and best wishes to the Czech Republic and Security Council; and Stat. 4835; 113 Stat. 335) is amended by striking Slovak Republic and their people for a peace- (2) the United States Ambassador to the ‘‘$20,000,000 for’’. ful, prosperous, and successful future. United Nations should take all steps nec- (e) ELIZABETH AND NORTH HUDSON, NEW JER- f essary to ensure Israel’s acceptance in the SEY.—Section 219(f) of the Water Resources De- Western Europe and Others Group (WEOG) velopment Act of 1992 (106 Stat. 4835; 113 Stat. IMMIGRATION AND NATIONALITY regional bloc, whose membership includes ACT EXTENSION 335) is amended— the non-European countries of Canada, Aus- (1) in paragraph (33), by striking Mr. GRASSLEY. Mr. President, I ask tralia, and the United States. ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’; and (b) REPORTS TO CONGRESS.—Not later than unanimous consent that the Senate (2) in paragraph (34)— 60 days after the date of the enactment of proceed to Calendar No. 350, H.R. 3061. (A) by striking ‘‘$10,000,000’’ and inserting this Act and on a quarterly basis thereafter, The PRESIDING OFFICER. The ‘‘$20,000,000’’; and clerk will report the bill by title. the Secretary of State shall submit to the (B) by striking ‘‘in the city of North Hudson’’ appropriate congressional committees a re- The legislative clerk read as follows: and inserting ‘‘for the North Hudson Sewerage port which includes the following informa- Authority’’. A bill (H.R. 3061) to amend the Immigra- tion (in classified or unclassified form as ap- tion and Nationality Act to extend for an ad- SEC. 2. UPPER MISSISSIPPI RIVER ENVIRON- propriate): MENTAL MANAGEMENT PROGRAM. ditional 2 years the period for admission of (1) actions taken by representatives of the Section 1103(e)(5) of the Water Resources De- an alien as a nonimmigrant under section United States, including the United States velopment Act of 1986 (33 U.S.C. 652(e)(5)) (as 101(a)(15)(S) of such Act, and to authorize ap- Ambassador to the United Nations, to en- amended by section 509(c)(3) of the Water Re- propriations for the refugee assistance pro- courage the nations of the Western Europe sources Development Act of 1999 (113 Stat. 340)) gram under chapter 2 of title IV of the Immi- and Others Group (WEOG) to accept Israel is amended by striking ‘‘paragraph (1)(A)(i)’’ gration and Nationality Act. into their regional bloc; and inserting ‘‘paragraph (1)(B)’’. There being no objection, the Senate (2) efforts undertaken by the Secretary General of the United Nations to secure SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND proceeded to consider the bill. DELAWARE. Mr. GRASSLEY. Mr. President, I ask Israel’s full and equal participation in that Section 346 of the Water Resources Develop- body; unanimous consent that the bill be ment Act of 1999 (113 Stat. 309) is amended by (3) specific responses solicited and received considered read a third time and striking ‘‘economically acceptable’’ and insert- by the Secretary of State from each of the passed, the motion to reconsider be ing ‘‘environmentally acceptable’’. nations of Western Europe and Others Group laid upon the table, and any statement (WEOG) on their position concerning Israel’s SEC. 4. PROJECT REAUTHORIZATIONS. relating to the bill be printed in the acceptance into their organization; and Section 364 of the Water Resources Develop- RECORD. (4) other measures being undertaken, and ment Act of 1999 (113 Stat. 313) is amended— The PRESIDING OFFICER. Without which will be undertaken, to ensure and pro- (1) by striking ‘‘Each’’ and inserting ‘‘Subject objection, it is so ordered. mote Israel’s full and equal participation in to section 1001(b)(2) of the Water Resources De- The bill (H.R. 3061) was read the third the United Nations. velopment Act of 1986 (33 U.S.C. 579a(b)(2)), time and passed. f each’’; (2) by striking paragraph (1); and f TECHNICAL CORRECTIONS TO THE (3) by redesignating paragraphs (2) through EQUALITY FOR ISRAEL AT THE WATER RESOURCES DEVELOP- (6) as paragraphs (1) through (5), respectively. UNITED NATIONS ACT OF 1999 MENT ACT OF 1999 SEC. 5. SHORE PROTECTION. Section 103(d)(2)(A) of the Water Resources Mr. GRASSLEY. Mr. President, I ask Mr. GRASSLEY. Mr. President, I ask Development Act of 1986 (33 U.S.C. unanimous consent that the Senate unanimous consent that the Senate 2213(d)(2)(A)) (as amended by section 215(a)(2) now proceed to the consideration of now proceed to the consideration of of the Water Resources Development Act of 1999 calendar No. 376, S. 923. calendar No. 316, H.R. 2724. (113 Stat. 292)) is amended by striking ‘‘or for

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00081 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.002 S08NO9 29026 CONGRESSIONAL RECORD—SENATE November 8, 1999 which a feasibility study is completed after that and inserting ‘‘Notwithstanding section 3003 ments relating to the bill be printed in date,’’ and inserting ‘‘except for a project for of Public Law 104–66 (31 U.S.C. 1113 note; 109 the RECORD. which a District Engineer’s Report is completed Stat. 734), the’’. The PRESIDING OFFICER. Without by that date,’’. (d) LIST OF AUTHORIZED BUT UNFUNDED objection, it is so ordered. SEC. 6. DAM SAFETY. PROJECTS.—Section 1001(b)(2) of the Water The committee amendment in the Section 504(a)(2) of the Water Resources De- Resources Development Act of 1986 (33 U.S.C. velopment Act of 1999 (113 Stat. 338) is amended 579a(b)(2)) is amended in the first sentence by nature of a substitute, as amended, was by inserting ‘‘No. 5’’ after ‘‘Dam’’. striking ‘‘Every’’ and inserting ‘‘Notwith- agreed to. AMENDMENT NO. 2773 standing section 3003 of Public Law 104–66 (31 The bill (H.R. 2724), as amended, was U.S.C. 1113 note; 109 Stat. 734), every’’. read the third time and passed. Mr. GRASSLEY. Mr. President, Sen- ll SEC. . AUTHORIZATIONS FOR PROGRAM PRE- f ators WARNER, CHAFEE, and REED have VIOUSLY AND CURRENTLY FUNDED. an amendment at the desk, and I ask (a) PROGRAM AUTHORIZATION.—The pro- ARCTIC TUNDRA HABITAT for its consideration. gram described in subsection (c) is hereby EMERGENCY CONSERVATION ACT The PRESIDING OFFICER. The authorized. clerk will report. (b) AUTHORIZATION OF APPROPRIATIONS.— Mr. GRASSLEY. Mr. President, I ask The legislative clerk read as follows: Funds are hereby authorized to be appro- unanimous consent that the Senate The Senator from Iowa [Mr. GRASSLEY] for priated for the Department of Transpor- now proceed to the consideration of Mr. WARNER, for himself, Mr. CHAFEE, and tation for the program authorized in sub- calendar No. 322, H.R. 2454. Mr. REED, proposes an amendment numbered section (a) in amounts as follows: The PRESIDING OFFICER. The 2773. (1) FISCAL YEAR 2000.—For fiscal year 2000, clerk will report the bill by title. $10,000,000. The legislative clerk read as follows: The amendment is as follows: (2) FISCAL YEAR 2001.—For fiscal year 2001, On page 3, line 8, strike ‘‘$30,000,000’’ and $10,000,000. A bill (H.R. 2454) to assure the long-term insert ‘‘$20,000,000’’. (3) FISCAL YEAR 2002.—For fiscal year 2002, conservation of mid-continent light geese On page 4, strike lines 19 through 21 and in- $7,000,000. and the biological diversity of the ecosystem sert the following: (c) APPLICABILITY.—The program referred upon which many North American migratory (1) by striking ‘‘Each’’ and all that follows to in subsection (a) is the program for which birds depend, by directing the Secretary of through the colon and inserting the fol- funds appropriated in title I of Public Law the Interior to implement rules to reduce the lowing: ‘‘Each of the following projects is au- 106–69 under the heading ‘‘FEDERAL RAIL- overabundant population of mid-continent thorized to be carried out by the Secretary, ROAD ADMINISTRATION’’ are available for light geese. and no construction on any such project may obligation upon the enactment of legislation There being no objection, the Senate be initiated until the Secretary determines authorizing the program. proceeded to consider the bill, which that the project is technically sound, envi- had been reported from the Committee ronmentally acceptable, and economically Mr. WARNER. Mr. President, today justified:’’; the Senate is considering legislation on Environment and Public Works, On page 5, strike lines 9 through 12 and in- reported from the Committee on Envi- with amendments; as follows: sert the following: ronment and Public Works to make (The parts of the bill intended to be SEC. ll. COMITE RIVER, LOUISIANA. technical corrections to the Water Re- stricken as shown in boldface brackets Section 371 of the Water Resources Devel- sources Development Act of 1999. and the parts of the bill intended to be opment Act of 1999 (113 Stat. 321) is amend- In July, 1999, the conference report inserted are shown in italic.) ed— on the Water Resources Development Be it enacted by the Senate and House of Rep- (1) by inserting ‘‘(a) IN GENERAL.—’’ before Act was enacted. The press of the con- resentatives of the United States of America in ‘‘The’’; and Congress assembled, (2) by adding at the end the following: ference business to reach final agreement prior to the August recess led to TITLE I—ARCTIC TUNDRA HABITAT ‘‘(b) CREDITING OF REDUCTION IN NON-FED- EMERGENCY CONSERVATION ERAL SHARE.—The project cooperation agree- inaccurate cite references and omis- ø ¿ ment for the Comite River Diversion Project sions that need to be corrected. SECTION 1. SEC. 101. SHORT TITLE. ø ¿ shall include a provision that specifies that This legislation and the accom- This Act title may be cited as the ‘‘Arctic any reduction in the non-Federal share that panying amendment simply address Tundra Habitat Emergency Conservation Act’’. results from the modification under sub- technical modifications that have been øSEC. 2.¿ SEC. 102. FINDINGS AND PURPOSES. section (a) shall be credited toward the share brought to our attention by the Corps of project costs to be paid by the Amite (a) FINDINGS.—The Congress finds the fol- River Basin Drainage and Water Conserva- of Engineers. There are no new project lowing: tion District.’’. authorizations, policy changes, or (1) The winter index population of mid-con- SEC. ll. CHESAPEAKE CITY, MARYLAND. funding issues contained in this legisla- tinent light geese was 800,000 birds in 1969, Section 535(b) of the Water Resources De- tion. while the total population of such geese is velopment Act of 1999 (113 Stat. 349) is As the Committee, by practice, has more than 5,200,000 birds today. amended by striking ‘‘the city of Chesa- reauthorized the civil works mission of (2) The population of mid-continent light peake’’ each place it appears and inserting the Corps of Engineers every two years, geese is expanding by over 5 percent each ‘‘Chesapeake City’’. the 1999 authorization bill is a produce year, and in the absence of new wildlife management actions it could grow to more than SEC. ll. CONTINUATION OF SUBMISSION OF initiated by the Committee in 1998. it CERTAIN REPORTS BY THE SEC- 6,800,000 breeding light geese in 3 years. RETARY OF THE ARMY. is expected that, again next year, the (3) The primary reasons for this unprece- (a) RECOMMENDATIONS OF INLAND WATER- Committee will examine the civil dented population growth are— WAYS USERS BOARD.—Section 302(b) of the works mission of the Corps with all of (A) the expansion of agricultural areas and Water Resources Development Act of 1986 (33 the associated policy issues. the resulting abundance of cereal grain crops U.S.C. 2251(b)) is amended in the last sen- I respectfully request that my colin the United States; tence by striking ‘‘The’’ and inserting ‘‘Not- leagues support this legislation and the (B) the establishment of sanctuaries along withstanding section 3003 of Public Law 104– amendment so that WRDA 1999 can be the United States flyways of migrating light 66 (31 U.S.C. 1113 note; 109 Stat. 734), the’’. geese; and fully implemented. (b) LIST OF AUTHORIZED BUT UNFUNDED (C) a decline in light geese harvest rates. STUDIES.—Section 710(a) of the Water Re- Mr. GRASSLEY. I ask unanimous (4) As a direct result of this population ex- sources Development Act of 1986 (33 U.S.C. consent that the amendment be agreed plosion, the Hudson Bay Lowlands Salt- 2264(a)) is amended in the first sentence by to. Marsh ecosystem in Canada is being system- striking ‘‘Not’’ and inserting ‘‘Notwith- The amendment (No. 2773) was agreed atically destroyed. This ecosystem contains standing section 3003 of Public Law 104–66 (31 to. approximately 135,000 acres of essential habi- U.S.C. 1113 note; 109 Stat. 734), not’’. Mr. GRASSLEY. Mr. President, I ask tat for migrating light geese and many other (c) REPORTS ON PARTICIPATION OF MINORITY unanimous consent the committee avian species. Biologists have testified that GROUPS AND MINORITY-OWNED FIRMS IN MIS- one-third of this habitat has been destroyed, SISSIPPI RIVER-GULF OUTLET FEATURE.—Sec- amendment, as amended, be agreed to, one-third is on the brink of devastation, and tion 844(b) of the Water Resources Develop- the bill be read a third time and the remaining one-third is overgrazed. ment Act of 1986 (100 Stat. 4177) is amended passed, the motion to reconsider be (5) The destruction of the Arctic tundra is in the second sentence by striking ‘‘The’’ laid upon the table, and any state- having a severe negative impact on many

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29027 avian species that breed or migrate through (3) an assessment of, and recommendations re- essary to bring a species of neotropical migra- this habitat, including the following: lating to, conservation of the breeding habitat tory bird to the point at which there are suffi- (A) Canada Goose. of mid-continent light geese; cient populations in the wild to ensure the long- (B) American Wigeon. (4) an assessment of, and recommendations re- term viability of the species, including— (C) Dowitcher. lating to, conservation of native species of wild- (A) protection and management of neotropical (D) Hudsonian Godwit. life adversely affected by the overabundance of migratory bird populations; (E) Stilt Sandpiper. mid-continent light geese, including the species (B) maintenance, management, protection, (F) Northern Shoveler. specified in section 102(a)(5); and and restoration of neotropical migratory bird (G) Red-Breasted Merganser. (5) an identification of methods for promoting habitat; (H) Oldsquaw. collaboration with the government of Canada, (C) research and monitoring; (I) Parasitic Jaeger. States, and other interested persons. (D) law enforcement; and (J) Whimbrel. (c) AUTHORIZATION OF APPROPRIATIONS.— (E) community outreach and education. (K) Yellow Rail. There is authorized to be appropriated to carry (3) SECRETARY.—The term ‘‘Secretary’’ means (6) It is essential that the current popu- out this section $1,000,000 for each of fiscal the Secretary of the Interior. lation of mid-continent light geese be re- years 2000 through 2002. SEC. 205. FINANCIAL ASSISTANCE. duced by 50 percent by the year 2005 to en- SEC. 105. DEFINITIONS. (a) IN GENERAL.—The Secretary shall estab- sure that the fragile Arctic tundra is not ir- In this øAct¿ title: lish a program to provide financial assistance reversibly damaged. (1) MID-CONTINENT LIGHT GEESE.—The term for projects to promote the conservation of (b) PURPOSES.—The purposes of this øAct¿ ‘‘mid-continent light geese’’ means Lesser neotropical migratory birds. title are the following: snow geese (Anser caerulescens caerulescens) (b) PROJECT APPLICANTS.—A project proposal (1) To reduce the population of mid-con- and Ross’ geese (Anser rossii) that primarily may be submitted by— tinent light geese. migrate between Canada and the States of (1) an individual, corporation, partnership, (2) To assure the long-term conservation of Alabama, Arkansas, Colorado, Illinois, Indi- trust, association, or other private entity; mid-continent light geese and the biological ana, Iowa, Kansas, Kentucky, Louisiana, (2) an officer, employee, agent, department, or diversity of the ecosystem upon which many Michigan, Minnesota, Mississippi, Missouri, instrumentality of the Federal Government, of North American migratory birds depend. Montana, Nebraska, New Mexico, North Da- any State, municipality, or political subdivision øSEC. 3.¿ SEC. 103. FORCE AND EFFECT OF RULES kota, Ohio, Oklahoma, South Dakota, Ten- of a State, or of any foreign government; TO CONTROL OVERABUNDANT MID- nessee, Texas, Wisconsin, and Wyoming. (3) a State, municipality, or political subdivi- CONTINENT LIGHT GEESE POPU- sion of a State; (2) SECRETARY.—The term ‘‘Secretary’’ LATIONS. (4) any other entity subject to the jurisdiction means the Secretary of the Interior. (a) FORCE AND EFFECT.— of the United States or of any foreign country; (3) SERVICE.—The term ‘‘Service’’ means (1) IN GENERAL.—The rules published by the and the United States Fish and Wildlife Service. Service on February 16, 1999, relating to use (5) an international organization (as defined of additional hunting methods to increase TITLE II—NEOTROPICAL MIGRATORY BIRD in section 1 of the International Organizations the harvest of mid-continent light geese (64 CONSERVATION Immunities Act (22 U.S.C. 288)). Fed. Reg. 7507–7517) and the establishment of SEC. 201. SHORT TITLE. (c) PROJECT PROPOSALS.—To be considered for a conservation order for the reduction of This title may be cited as the ‘‘Neotropical Mi- financial assistance for a project under this mid-continent light goose populations (64 gratory Bird Conservation Act’’. title, an applicant shall submit a project pro- Fed. Reg. 7517–7528), shall have the force and SEC. 202. FINDINGS. posal that— effect of law. Congress finds that— (1) includes— (2) PUBLIC NOTICE.—The Secretary, acting (1) of the nearly 800 bird species known to (A) the name of the individual responsible for through the Director of the Service, shall occur in the United States, approximately 500 the project; take such action as is necessary to appro- migrate among countries, and the large majority (B) a succinct statement of the purposes of the priately notify the public of the force and ef- of those species, the neotropical migrants, win- project; fect of the rules referred to in paragraph (1). ter in Latin America and the Caribbean; (C) a description of the qualifications of indi- (b) APPLICATION.—Subsection (a) shall (2) neotropical migratory bird species provide viduals conducting the project; and apply only during the period that— invaluable environmental, economic, rec- (D) an estimate of the funds and time nec- (1) begins on the date of the enactment of reational, and aesthetic benefits to the United essary to complete the project, including sources this Act; and States, as well as to the Western Hemisphere; and amounts of matching funds; (2) ends on the latest of— (3)(A) many neotropical migratory bird popu- (2) demonstrates that the project will enhance (A) the effective date of rules issued by the lations, once considered common, are in decline, the conservation of neotropical migratory bird Service after such date of enactment to con- and some have declined to the point that their species in Latin America, the Caribbean, or the trol overabundant mid-continent light geese long-term survival in the wild is in jeopardy; United States; (3) includes mechanisms to ensure adequate populations; and local public participation in project development (B) the date of the publication of a final (B) the primary reason for the decline in the and implementation; environmental impact statement for such populations of those species is habitat loss and (4) contains assurances that the project will rules under section 102(2)(C) of the National degradation (including pollution and contami- be implemented in consultation with relevant Environmental Policy Act of 1969 (42 U.S.C. nation) across the species’ range; and wildlife management authorities and other ap- 4332(2)(C)); and (4)(A) because neotropical migratory birds propriate government officials with jurisdiction (C) May 15, 2001. range across numerous international borders ULE OF ONSTRUCTION over the resources addressed by the project; (c) R C .—This section each year, their conservation requires the com- shall not be construed to limit the authority (5) demonstrates sensitivity to local historic mitment and effort of all countries along their of the Secretary or the Service to issue and cultural resources and complies with appli- migration routes; and rules, under another law, to regulate the cable laws; (B) although numerous initiatives exist to taking of mid-continent light geese. (6) describes how the project will promote sus- conserve migratory birds and their habitat, øSEC. 4. DEFINITIONS.¿ tainable, effective, long-term programs to con- those initiatives can be significantly strength- SEC. 104. COMPREHENSIVE MANAGEMENT PLAN. serve neotropical migratory birds; and ened and enhanced by increased coordination. (a) IN GENERAL.—Not later than the end of (7) provides any other information that the SEC. 203. PURPOSES. the period described in section 103(b), the Sec- Secretary considers to be necessary for evalu- retary shall prepare, and as appropriate imple- The purposes of this title are— ating the proposal. ment, a comprehensive, long-term plan for the (1) to perpetuate healthy populations of (d) PROJECT REPORTING.—Each recipient of management of mid-continent light geese and neotropical migratory birds; assistance for a project under this title shall the conservation of their habitat. (2) to assist in the conservation of neotropical submit to the Secretary such periodic reports as (b) REQUIRED ELEMENTS.—The plan shall migratory birds by supporting conservation ini- the Secretary considers to be necessary. Each reapply principles of adaptive resource manage- tiatives in the United States, Latin America, port shall include all information required by ment and shall include— and the Caribbean; and the Secretary for evaluating the progress and (1) a description of methods for monitoring the (3) to provide financial resources and to foster outcome of the project. levels of populations and the levels of harvest of international cooperation for those initiatives. (e) COST SHARING.— mid-continent light geese, and recommendations SEC. 204. DEFINITIONS. (1) FEDERAL SHARE.—The Federal share of the concerning long-term harvest levels; In this title: cost of each project shall be not greater than 33 (2) recommendations concerning other means (1) ACCOUNT.—The term ‘‘Account’’ means the percent. for the management of mid-continent light goose Neotropical Migratory Bird Conservation Ac- (2) NON-FEDERAL SHARE.— populations, taking into account the reasons for count established by section 209(a). (A) SOURCE.—The non-Federal share required the population growth specified in section (2) CONSERVATION.—The term ‘‘conservation’’ to be paid for a project shall not be derived from 102(a)(3); means the use of methods and procedures nec- any Federal grant program.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00083 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 29028 CONGRESSIONAL RECORD—SENATE November 8, 1999 (B) FORM OF PAYMENT.— posited into the Account by the Secretary of the Conservation Act and am disappointed (i) PROJECTS IN THE UNITED STATES.—The non- Treasury under subsection (b). that the House has failed to even bring Federal share required to be paid for a project (b) DEPOSITS INTO THE ACCOUNT.—The Sec- this issue to the floor. It is an impor- carried out in the United States shall be paid in retary of the Treasury shall deposit into the Ac- cash. count— tant bill that will help ensure that the (ii) PROJECTS IN FOREIGN COUNTRIES.—The (1) all amounts received by the Secretary in migratory species which Americans non-Federal share required to be paid for a the form of donations under subsection (d); and enjoy will receive additional protection project carried out in a foreign country may be (2) other amounts appropriated to the Ac- in their winter habitats. paid in cash or in kind. count. But the Snow Goose is equally impor- SEC. 206. DUTIES OF THE SECRETARY. (c) USE.— tant and it is imperative that the Con- In carrying out this title, the Secretary shall— (1) IN GENERAL.—Subject to paragraph (2), the gress Act on this legislation as soon as (1) develop guidelines for the solicitation of Secretary may use amounts in the Account, without further Act of appropriation, to carry possible. I fear the refusal of the House proposals for projects eligible for financial as- to act on S. 148 jeopardizes the chances sistance under section 205; out this title. (2) encourage submission of proposals for (2) ADMINISTRATIVE EXPENSES.—Of amounts of the Snow Goose legislation this projects eligible for financial assistance under in the Account available for each fiscal year, year. For that reason, I have offered an section 205, particularly proposals from relevant the Secretary may expend not more than 6 per- amendment to H.R. 2454 to strip the wildlife management authorities; cent to pay the administrative expenses nec- language pertaining to the neotropicals (3) select proposals for financial assistance essary to carry out this title. from the text of the Snow Goose bill. (d) ACCEPTANCE AND USE OF DONATIONS.—The that satisfy the requirements of section 205, giv- As part of my agreeing to do this, I ing preference to proposals that address con- Secretary may accept and use donations to carry out this title. Amounts received by the have been assured by both the Chair- servation needs not adequately addressed by ex- man of the House Resources Com- isting efforts and that are supported by relevant Secretary in the form of donations shall be wildlife management authorities; and transferred to the Secretary of the Treasury for mittee and the Chairman of the Sub- (4) generally implement this title in accord- deposit into the Account. committee on Fisheries Conservation, ance with its purposes. SEC. 210. AUTHORIZATION OF APPROPRIATIONS. Wildlife and Oceans that they will do SEC. 207. COOPERATION. There is authorized to be appropriated to the everything they can to assure that the (a) IN GENERAL.—In carrying out this title, Account to carry out this title $8,000,000 for Neotropical Migratory Bird Conserva- the Secretary shall— each of fiscal years 2000 through 2003, to remain tion Act is considered by the full House (1) support and coordinate existing efforts to available until expended, of which not less than early next year. I am encouraged by 50 percent of the amounts made available for conserve neotropical migratory bird species, their support and wish to thank them through— each fiscal year shall be expended for projects (A) facilitating meetings among persons in- carried out outside the United States. for their willingness to try to move volved in such efforts; Mr. GRASSLEY. Mr. President, I ask this legislation. (B) promoting the exchange of information unanimous consent that the committee Therefore, I believe that removing among such persons; amendments be agreed to. the text of the Neotropical Migratory (C) developing and entering into agreements Bird Conservation Act is only a short- with other Federal agencies, foreign, State, and The committee amendments were agreed to. term setback. I am confident that once local governmental agencies, and nongovern- the full House has the opportunity to AMENDMENT NO. 2774 mental organizations; and consider this legislation that a good (D) conducting such other activities as the (Purpose: To assure the long-term Secretary considers to be appropriate; and conservation of mid-continent light geese) bill will emerge from that respected body. I urge my colleagues to pass H.R. (2) coordinate activities and projects under Mr. GRASSLEY. Mr. President, Sen- this title with existing efforts in order to en- 2454, as amended. ator ABRAHAM has an amendment at hance conservation of neotropical migratory Mr. GRASSLEY. Mr. President, I ask the desk, and I ask for its consider- bird species. unanimous consent that the amend- ation. (b) ADVISORY GROUP.— ment be agreed to, the bill be read a The PRESIDING OFFICER. The (1) IN GENERAL.—To assist in carrying out this third time and passed, the motion to title, the Secretary may convene an advisory clerk will report. group consisting of individuals representing The legislative clerk read as follows: reconsider be laid upon the table, and any statements relating to the bill be public and private organizations actively in- The Senator from Iowa [Mr. GRASSLEY], for printed in the RECORD. volved in the conservation of neotropical migra- Mr. ABRAHAM, proposes an amendment num- tory birds. bered 2774. The PRESIDING OFFICER. Without (2) PUBLIC PARTICIPATION.— objection, it is so ordered. The amendment is as follows: (A) MEETINGS.—The advisory group shall— The amendment (No. 2774) was agreed (i) ensure that each meeting of the advisory Strike Title II. to. group is open to the public; and Mr. ABRAHAM. Mr. President, I rise (ii) provide, at each meeting, an opportunity The bill (H.R. 2454), as amended, was today to speak on two pieces of legisla- read the third time and passed. for interested persons to present oral or written tion designed to protect the habitat of statements concerning items on the agenda. f (B) NOTICE.—The Secretary shall provide to this continent’s migratory birds. Both H.R. 2454, known as the ‘‘Snow Goose’’ the public timely notice of each meeting of the BOUNDARY CLARIFICATION ON bill, and S. 148, the Neotropical Migra- advisory group. MAPS RELATING TO COASTAL (C) MINUTES.—Minutes of each meeting of the tory Bird Conservation Act are in- BARRIER RESOURCES SYSTEM advisory group shall be kept by the Secretary tended to protect bird habitat, and by and shall be made available to the public. extension, the species which frequent Mr. GRASSLEY. Mr. President, I ask (3) EXEMPTION FROM FEDERAL ADVISORY COM- these lands. unanimous consent that the Senate MITTEE ACT.—The Federal Advisory Committee At the Senate markup last month, now proceed to the consideration of Act (5 U.S.C. App.) shall not apply to the advi- Calendar No. 301, S. 1398. sory group. Senator CHAFEE combined these two SEC. 208. REPORT TO CONGRESS. bills in the hopes of passing them as a The PRESIDING OFFICER. The Not later than October 1, 2002, the Secretary complete package this year. Unfortu- clerk will report the bill by title. shall submit to Congress a report on the results nately, it has become obvious that this The legislative clerk read as follows: and effectiveness of the program carried out strategy will not work because some A bill (S. 1398) to clarify certain boundaries under this title, including recommendations con- Members of the House, lacking a better on maps relating to the Coastal Barrier Re- cerning how this title might be improved and vehicle, intend to use the Neotropical sources System. whether the program should be continued. Migratory Bird Conservation Act as a There being no objection, the Senate SEC. 209. NEOTROPICAL MIGRATORY BIRD CON- tool for debating the merits of property proceeded to consider the bill which SERVATION ACCOUNT. rights legislation. Apparently, they do had been reported from the Committee (a) ESTABLISHMENT.—There is established in the Multinational Species Conservation Fund of not care that in doing so they jeop- on Environment and Public Works with the Treasury a separate account to be known as ardize the passage of both bills. an amendment to strike all after the the ‘‘Neotropical Migratory Bird Conservation I want very much for the Congress to enacting clause and insert in lieu Account’’, which shall consist of amounts de- pass the Neotropical Migratory Bird thereof the following:

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29029 SECTION 1. REPLACEMENT OF COASTAL BARRIER (b) DESCRIPTION OF MAPS.—The maps de- THE DEVELOPMENTAL DISABIL- RESOURCES SYSTEM MAPS. scribed in this subsection are the 7 maps ITIES ASSISTANCE AND BILL OF (a) IN GENERAL.—The 7 maps described in that— RIGHTS ACT OF 1999 subsection (b) are replaced by 14 maps entitled (1) relate to the portions of Cape Hatteras ‘‘Dare County, North Carolina, Coastal Barrier Unit NC–03P and Hatteras Island Unit L03 Mr. GRASSLEY. Mr. President, I ask Resources System, Cape Hatteras Unit NC–03P’’ that are located in Dare County, North Caro- unanimous consent that the Senate or ‘‘Dare County, North Carolina, Coastal Bar- lina; and now provide to the consideration of rier Resources System, Cape Hatteras Unit NC– (2) are included in a set of maps entitled Calendar No. 387, S. 1809. 03P, Hatteras Island Unit L03’’ and dated July ‘‘Coastal Barrier Resources System’’, dated The PRESIDING OFFICER. The 1, 1999. October 24, 1990, and referred to in section clerk will report the bill by title. (b) DESCRIPTION OF MAPS.—The maps de- 4(a) of the Coastal Barrier Resources Act (16 The legislative clerk read as follows: scribed in this subsection are the 7 maps that— U.S.C. 3503(a)). (1) relate to the portions of Cape Hatteras (c) AVAILABILITY.—The Secretary of the In- A bill (S. 1809) to improve service systems Unit NC–03P and Hatteras Island Unit L03 that terior shall keep the maps referred to in sub- for individuals with developmental disabil- are located in Dare County, North Carolina; section (a) on file and available for inspec- ities, and for other purposes. and tion in accordance with section 4(b) of the There being no objection, the Senate (2) are included in a set of maps entitled Coastal Barrier Resources Act (16 U.S.C. proceeded to consider the bill which ‘‘Coastal Barrier Resources System’’, dated Oc- 3503(b)). had been reported from the Committee tober 24, 1990, and referred to in section 4(a) of on Health, Education, Labor, and Pen- the Coastal Barrier Resources Act (16 U.S.C. f 3503(a)). sions with an amendment to strike all (c) AVAILABILITY.—The Secretary of the Inte- after the enacting clause and insert in rior shall keep the maps referred to in sub- COST OF LIVING ADJUSTMENT lieu thereof the following: section (a) on file and available for inspection FOR ADMINISTRATIVE LAW SECTION 1. SHORT TITLE; TABLE OF CONTENTS. in accordance with section 4(b) of the Coastal JUDGES (a) SHORT TITLE.—This Act may be cited as Barrier Resources Act (16 U.S.C. 3503(b)). the ‘‘Developmental Disabilities Assistance and Mr. GRASSLEY. Mr. President, I ask AMENDMENT NO. 2775 Bill of Rights Act of 1999’’. unanimous consent that the Senate (Purpose: To make a technical correction) (b) TABLE OF CONTENTS.—The table of con- now proceed to the consideration of tents of this Act is as follows: Mr. GRASSLEY. Mr. President, Sen- Calendar No. 339, H.R. 915. Sec. 1. Short title; table of contents. ator SMITH of New Hampshire has an The PRESIDING OFFICER. The amendment at the desk, and I ask for TITLE I—PROGRAMS FOR INDIVIDUALS clerk will report the bill by title. WITH DEVELOPMENTAL DISABILITIES its consideration. The legislative clerk read as follows: Subtitle A—General Provisions The PRESIDING OFFICER. The clerk will report. A bill (H.R. 915) to authorize a cost of liv- Sec. 101. Findings, purposes, and policy. ing adjustment in the pay of administrative Sec. 102. Definitions. The legislative clerk read as follows: law judges. Sec. 103. Records and audits. The Senator from Iowa [Mr. GRASSLEY], for There being no objection, the Senate Sec. 104. Responsibilities of the Secretary. Mr. SMITH of New Hampshire, proposes an Sec. 105. Reports of the Secretary. amendment numbered 2775. proceeded to consider the bill. Sec. 106. State control of operations. Mr. GRASSLEY. Mr. President, I ask The amendment is as follows: Sec. 107. Employment of individuals with dis- unanimous consent that the bill be abilities. On page 2, line 25, strike ‘‘July 1, 1999’’ and read a third time and passed, the mo- Sec. 108. Construction. insert ‘‘October 18, 1999’’. tion to reconsider be laid upon the Sec. 109. Rights of individuals with develop- Mr. GRASSLEY. Mr. President, I ask table, and that any statements relating mental disabilities. unanimous consent that the amend- to the bill be printed in the RECORD. Subtitle B—Federal Assistance to State Councils ment be agreed to. The PRESIDING OFFICER. Without on Developmental Disabilities The PRESIDING OFFICER. Without objection, it is so ordered. Sec. 121. Purpose. Sec. 122. State allotments. objection, it is so ordered. The bill (H.R. 915) was read the third The amendment (No. 2775) was agreed Sec. 123. Payments to the States for planning, time and passed. administration, and services. to. Sec. 124. State plan. Mr. GRASSLEY. Mr. President, I ask f Sec. 125. State Councils on Developmental Dis- unanimous consent that the committee abilities and designated State substitute, as amended, be agreed to, agencies. the bill, as amended, be read a third HONORING CIVIL DEFENSE AND Sec. 126. Federal and non-Federal share. time and passed, the motion to recon- EMERGENCY MANAGEMENT PRO- Sec. 127. Withholding of payments for plan- sider be laid upon the table, and that GRAMS ning, administration, and serv- Mr. GRASSLEY. Mr. President, I ask ices. any statements relating to the bill be Sec. 128. Appeals by States. printed in the RECORD. unanimous consent that the Senate Sec. 129. Authorization of appropriations. The PRESIDING OFFICER. Without now proceed to the consideration of Subtitle C—Protection and Advocacy of objection, it is so ordered. H.R. 348, which is at the desk. Individual Rights The committee amendment in the The PRESIDING OFFICER. The Sec. 141. Purpose. nature of a substitute, as amended, was clerk will report the bill by title. Sec. 142. Allotments and payments. agreed to. The legislative clerk read as follows: Sec. 143. System required. The bill (S. 1398), as amended, was A bill (H.R. 348) to authorize the construc- Sec. 144. Administration. read the third time and passed, as fol- tion of a monument to honor those who have Sec. 145. Authorization of appropriations. lows: served the Nation’s civil defense and emer- Subtitle D—National Network of University Centers for Excellence in Developmental Dis- S. 1398 gency management programs. abilities Education, Research, and Service Be it enacted by the Senate and House of Rep- There being no objection, the Senate proceeded to consider the bill. Sec. 151. Grant authority. resentatives of the United States of America in Sec. 152. Grant awards. Congress assembled, Mr. GRASSLEY. Mr. President, I ask Sec. 153. Purpose and scope of activities. SECTION 1. REPLACEMENT OF COASTAL BAR- unanimous consent that the bill be Sec. 154. Applications. RIER RESOURCES SYSTEM MAPS. read a third time and passed, the mo- Sec. 155. Definition. (a) IN GENERAL.—The 7 maps described in tion to reconsider be laid upon the Sec. 156. Authorization of appropriations. subsection (b) are replaced by 14 maps enti- table, and any statements relating to Subtitle E—Projects of National Significance tled ‘‘Dare County, North Carolina, Coastal the bill be printed in the RECORD. Barrier Resources System, Cape Hatteras Sec. 161. Purpose. Unit NC–03P’’ or ‘‘Dare County, North Caro- The PRESIDING OFFICER. Without Sec. 162. Grant authority. Sec. 163. Authorization of appropriations. lina, Coastal Barrier Resources System, Cape objection, it is so ordered. Hatteras Unit NC–03P, Hatteras Island Unit The bill (H.R. 348) was read the third TITLE II—FAMILY SUPPORT L03’’ and dated October 18, 1999. time and passed. Sec. 201. Short title.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00085 Fmt 0686 Sfmt 6343 E:\BR99\S08NO9.003 S08NO9 29030 CONGRESSIONAL RECORD—SENATE November 8, 1999 Sec. 202. Findings, purposes, and policy. live with their families or in their own house- (3) University Centers for Excellence in Devel- Sec. 203. Definitions and special rule. holds; opmental Disabilities Education, Research, and Sec. 204. Grants to States. (11) many service delivery systems and com- Service— Sec. 205. Application. munities are not prepared to meet the impending (A) to provide interdisciplinary pre-service Sec. 206. Designation of the lead entity. needs of the 479,862 adults with developmental preparation and continuing education of stu- Sec. 207. Authorized activities. disabilities who are living at home with parents dents and fellows, which may include the prepa- Sec. 208. Reporting. who are 60 years old or older and who serve as ration and continuing education of leadership, Sec. 209. Technical assistance. the primary caregivers of the adults; direct service, clinical, or other personnel to Sec. 210. Evaluation. (12) in almost every State, individuals with strengthen and increase the capacity of States Sec. 211. Projects of national significance. developmental disabilities are waiting for appro- and communities to achieve the purpose of this Sec. 212. Authorization of appropriations. priate services in their communities, in the areas title; TITLE III—PROGRAM FOR DIRECT SUP- of emphasis; (B) to provide community services— PORT WORKERS WHO ASSIST INDIVID- (13) the public needs to be made more aware of (i) that provide training and technical assist- UALS WITH DEVELOPMENTAL DISABIL- the capabilities and competencies of individuals ance for individuals with developmental disabil- ITIES with developmental disabilities, particularly in ities, their families, professionals, paraprofes- cases in which the individuals are provided with Sec. 301. Findings. sionals, policymakers, students, and other mem- necessary services, supports, and other assist- Sec. 302. Definitions. bers of the community; and ance; (ii) that may provide services, supports, and Sec. 303. Reaching up scholarship program. (14) as increasing numbers of individuals with Sec. 304. Staff development curriculum author- assistance for the persons described in clause (i) developmental disabilities are living, learning, ization. through demonstration and model activities; working, and participating in all aspects of Sec. 305. Authorization of appropriations. (C) to conduct research, which may include community life, there is an increasing need for basic or applied research, evaluation, and the TITLE IV—REPEAL a well trained workforce that is able to provide analysis of public policy in areas that affect or Sec. 401. Repeal. the services, supports, and other forms of direct could affect, either positively or negatively, in- assistance required to enable the individuals to TITLE I—PROGRAMS FOR INDIVIDUALS dividuals with developmental disabilities and WITH DEVELOPMENTAL DISABILITIES carry out those activities; (15) there needs to be greater effort to recruit their families; and Subtitle A—General Provisions individuals from minority backgrounds into pro- (D) to disseminate information related to ac- SEC. 101. FINDINGS, PURPOSES, AND POLICY. fessions serving individuals with developmental tivities undertaken to address the purpose of (a) FINDINGS.—Congress finds that— disabilities and their families; this title, especially dissemination of informa- (1) disability is a natural part of the human (16) the goals of the Nation properly include a tion that demonstrates that the network author- experience that does not diminish the right of goal of providing individuals with develop- ized under this subtitle is a national and inter- individuals with developmental disabilities to mental disabilities with the information, skills, national resource that includes specific sub- live independently, to exert control and choice opportunities, and support to— stantive areas of expertise that may be accessed over their own lives, and to fully participate in (A) make informed choices and decisions and applied in diverse settings and cir- and contribute to their communities through full about their lives; cumstances; and integration and inclusion in the economic, polit- (B) live in homes and communities in which (4) funding for— ical, social, cultural, and educational main- such individuals can exercise their full rights (A) national initiatives to collect necessary stream of United States society; and responsibilities as citizens; data on issues that are directly or indirectly rel- (2) in 1999, there are between 3,200,000 and (C) pursue meaningful and productive lives; evant to the lives of individuals with develop- 4,500,000 individuals with developmental disabil- (D) contribute to their families, communities, mental disabilities; ities in the United States, and recent studies in- and States, and the Nation; (B) technical assistance to entities who en- dicate that individuals with developmental dis- (E) have interdependent friendships and rela- gage in or intend to engage in activities con- abilities comprise between 1.2 and 1.65 percent of tionships with other persons; sistent with the purpose described in this sub- (F) live free of abuse, neglect, financial and the United States population; section or the policy described in subsection (c); sexual exploitation, and violations of their legal (3) individuals whose disabilities occur during and and human rights; and (C) other nationally significant activities. their developmental period frequently have se- (G) achieve full integration and inclusion in vere disabilities that are likely to continue in- (c) POLICY.—It is the policy of the United society, in an individualized manner, consistent States that all programs, projects, and activities definitely; with the unique strengths, resources, priorities, (4) individuals with developmental disabilities receiving assistance under this title shall be car- concerns, abilities, and capabilities of each indi- often encounter discrimination in the provision ried out in a manner consistent with the prin- vidual; and ciples that— of critical services, such as services in the areas (17) as the Nation, States, and communities (1) individuals with developmental disabilities, of emphasis (as defined in section 102); maintain and expand community living options including those with the most severe develop- (5) individuals with developmental disabilities for individuals with developmental disabilities, mental disabilities, are capable of self-deter- are at greater risk than the general population there is a need to evaluate the access to those mination, independence, productivity, and inte- of abuse, neglect, financial and sexual exploi- options by individuals with developmental dis- gration and inclusion in all facets of community tation, and the violation of their legal and abilities and the effects of those options on indi- life, but often require the provision of commu- human rights; viduals with developmental disabilities. nity services, individualized supports, and other (6) a substantial portion of individuals with (b) PURPOSE.—The purpose of this title is to developmental disabilities and their families do assure that individuals with developmental dis- forms of assistance; not have access to appropriate support and serv- abilities and their families participate in the de- (2) individuals with developmental disabilities ices, including access to assistive technology, sign of and have access to needed community and their families have competencies, capabili- from generic and specialized service systems, services, individualized supports, and other ties, and personal goals that should be recog- and remain unserved or underserved; forms of assistance that promote self-determina- nized, supported, and encouraged, and any as- (7) individuals with developmental disabilities tion, independence, productivity, and integra- sistance to such individuals should be provided often require lifelong community services, indi- tion and inclusion in all facets of community in an individualized manner, consistent with vidualized supports, and other forms of assist- life, through culturally competent programs au- the unique strengths, resources, priorities, con- ance, that are most effective when provided in a thorized under this title, including specifically— cerns, abilities, and capabilities of such individ- coordinated manner; (1) State Councils on Developmental Disabil- uals; (8) there is a need to ensure that services, sup- ities in each State to engage in advocacy, capac- (3) individuals with developmental disabilities ports, and other assistance are provided in a ity building, and systemic change activities and their families are the primary decision- culturally competent manner, that ensures that that— makers regarding the services and supports such individuals from racial and ethnic minority (A) are consistent with the purpose described individuals and their families receive, including backgrounds are fully included in all activities in this subsection and the policy described in regarding choosing where the individuals live provided under this title; subsection (c); and from available options, and play decisionmaking (9) family members, friends, and members of (B) contribute to a coordinated, consumer- roles in policies and programs that affect the the community can play an important role in and family-centered, consumer- and family-di- lives of such individuals and their families; enhancing the lives of individuals with develop- rected, comprehensive system that includes (4) services, supports, and other assistance mental disabilities, especially when the family needed community services, individualized sup- should be provided in a manner that dem- members, friends, and community members are ports, and other forms of assistance that pro- onstrates respect for individual dignity, per- provided with the necessary community services, mote self-determination for individuals with de- sonal preferences, and cultural differences; individualized supports, and other forms of as- velopmental disabilities and their families; (5) specific efforts must be made to ensure that sistance; (2) protection and advocacy systems in each individuals with developmental disabilities from (10) current research indicates that 88 percent State to protect the legal and human rights of racial and ethnic minority backgrounds and of individuals with developmental disabilities individuals with developmental disabilities; their families enjoy increased and meaningful

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00086 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29031 opportunities to access and use community serv- or use of an assistive technology device. Such genital or acquired condition, may be considered ices, individualized supports, and other forms of term includes— to have a developmental disability without meet- assistance available to other individuals with (A) conducting an evaluation of the needs of ing 3 or more of the criteria described in clauses developmental disabilities and their families; an individual with a developmental disability, (i) through (v) of subparagraph (A) if the indi- (6) recruitment efforts in disciplines related to including a functional evaluation of the individual, without services and supports, has a developmental disabilities relating to pre-service vidual in the individual’s customary environ- high probability of meeting those criteria later training, community training, practice, adminis- ment; in life. tration, and policymaking must focus on bring- (B) purchasing, leasing, or otherwise pro- (9) EARLY INTERVENTION ACTIVITIES.—The ing larger numbers of racial and ethnic minori- viding for the acquisition of an assistive tech- term ‘‘early intervention activities’’ means advo- ties into the disciplines in order to provide ap- nology device by an individual with a develop- cacy, capacity building, and systemic change propriate skills, knowledge, role models, and mental disability; activities provided to individuals described in sufficient personnel to address the growing (C) selecting, designing, fitting, customizing, paragraph (8)(B) and their families to en- needs of an increasingly diverse population; adapting, applying, maintaining, repairing or hance— (7) with education and support, communities replacing an assistive technology device; (A) the development of the individuals to can be accessible to and responsive to the needs (D) coordinating and using another therapy, maximize their potential; and of individuals with developmental disabilities intervention, or service with an assistive tech- (B) the capacity of families to meet the special and their families and are enriched by full and nology device, such as a therapy, intervention, needs of the individuals. active participation in community activities, or service associated with an education or reha- (10) EDUCATION ACTIVITIES.—The term ‘‘edu- and contributions, by individuals with develop- bilitation plan or program; cation activities’’ means advocacy, capacity mental disabilities and their families; (E) providing training or technical assistance building, and systemic change activities that re- (8) individuals with developmental disabilities for an individual with a developmental dis- sult in individuals with developmental disabil- have access to opportunities and the necessary ability, or, where appropriate, a family member, ities being able to access appropriate supports support to be included in community life, have guardian, advocate, or authorized representa- and modifications when necessary, to maximize interdependent relationships, live in homes and tive of an individual with a developmental dis- their educational potential, to benefit from life- communities, and make contributions to their ability; and long educational activities, and to be integrated families, communities, and States, and the Na- (F) providing training or technical assistance and included in all facets of student life. tion; for professionals (including individuals pro- (11) EMPLOYMENT-RELATED ACTIVITIES.—The (9) efforts undertaken to maintain or expand viding education and rehabilitation services), term ‘‘employment-related activities’’ means ad- community-based living options for individuals employers, or other individuals who provide vocacy, capacity building, and systemic change with disabilities should be monitored in order to services to, employ, or are otherwise substan- activities that result in individuals with devel- determine and report to appropriate individuals tially involved in the major life functions of, an opmental disabilities acquiring, retaining, or ad- and entities the extent of access by individuals individual with developmental disabilities. vancing in paid employment, including sup- with developmental disabilities to those options (5) CENTER.—The term ‘‘Center’’ means a Uni- ported employment or self-employment, in inte- and the extent of compliance by entities pro- versity Center for Excellence in Developmental grated settings in a community. viding those options with quality assurance Disabilities Education, Research, and Service (12) FAMILY SUPPORT SERVICES.— standards; established under subtitle D. (A) IN GENERAL.—The term ‘‘family support (10) families of children with developmental (6) CHILD CARE-RELATED ACTIVITIES.—The services’’ means services, supports, and other as- disabilities need to have access to and use of term ‘‘child care-related activities’’ means advo- sistance, provided to families with members who safe and appropriate child care and before- cacy, capacity building, and systemic change have developmental disabilities, that are de- school and after-school programs, in the most activities that result in families of children with signed to— integrated settings, in order to enrich the par- developmental disabilities having access to and (i) strengthen the family’s role as primary ticipation of the children in community life; use of child care services, including before- caregiver; (11) individuals with developmental disabil- school, after-school, and out-of-school services, (ii) prevent inappropriate out-of-the-home ities need to have access to and use of public in their communities. placement of the members and maintain family transportation, in order to be independent and (7) CULTURALLY COMPETENT.—The term ‘‘cul- unity; and directly contribute to and participate in all fac- turally competent’’, used with respect to serv- (iii) reunite families with members who have ets of community life; and ices, supports, or other assistance, means serv- been placed out of the home whenever possible. (12) individuals with developmental disabil- ices, supports, or other assistance that is con- (B) SPECIFIC SERVICES.—Such term includes ities need to have access to and use of rec- ducted or provided in a manner that is respon- respite care, provision of rehabilitation tech- reational, leisure, and social opportunities in sive to the beliefs, interpersonal styles, atti- nology and assistive technology, personal assist- the most integrated settings, in order to enrich tudes, language, and behaviors of individuals ance services, parent training and counseling, their participation in community life. who are receiving the services, supports, or support for families headed by aging caregivers, SEC. 102. DEFINITIONS. other assistance, and in a manner that has the vehicular and home modifications, and assist- In this title: greatest likelihood of ensuring their maximum ance with extraordinary expenses, associated (1) AMERICAN INDIAN CONSORTIUM.—The term participation in the program involved. with the needs of individuals with develop- ‘‘American Indian Consortium’’ means any con- (8) DEVELOPMENTAL DISABILITY.— mental disabilities. federation of 2 or more recognized American In- (A) IN GENERAL.—The term ‘‘developmental (13) HEALTH-RELATED ACTIVITIES.—The term dian tribes, created through the official action disability’’ means a severe, chronic disability of ‘‘health-related activities’’ means advocacy, ca- of each participating tribe, that has a combined an individual that— pacity building, and systemic change activities total resident population of 150,000 enrolled trib- (i) is attributable to a mental or physical im- that result in individuals with developmental al members and a contiguous territory of Indian pairment or combination of mental and physical disabilities having access to and use of coordi- lands in 2 or more States. impairments; nated health, dental, mental health, and other (2) AREAS OF EMPHASIS.—The term ‘‘areas of (ii) is manifested before the individual attains human and social services, including prevention emphasis’’ means the areas related to quality age 22; activities, in their communities. assurance activities, education activities and (iii) is likely to continue indefinitely; (14) HOUSING-RELATED ACTIVITIES.—The term early intervention activities, child care-related (iv) results in substantial functional limita- ‘‘housing-related activities’’ means advocacy, activities, health-related activities, employment- tions in 3 or more of the following areas of capacity building, and systemic change activi- related activities, housing-related activities, major life activity: ties that result in individuals with develop- transportation-related activities, recreation-re- (I) Self-care. mental disabilities having access to and use of lated activities, and other services available or (II) Receptive and expressive language. housing and housing supports and services in offered to individuals in a community, including (III) Learning. their communities, including assistance related formal and informal community supports, that (IV) Mobility. to renting, owning, or modifying an apartment affect their quality of life. (V) Self-direction. or home. (3) ASSISTIVE TECHNOLOGY DEVICE.—The term (VI) Capacity for independent living. (15) INCLUSION.—The term ‘‘inclusion’’, used ‘‘assistive technology device’’ means any item, (VII) Economic self-sufficiency; and with respect to individuals with developmental piece of equipment, or product system, whether (v) reflects the individual’s need for a com- disabilities, means the acceptance and encour- acquired commercially, modified or customized, bination and sequence of special, interdiscipli- agement of the presence and participation of in- that is used to increase, maintain, or improve nary, or generic services, individualized sup- dividuals with developmental disabilities, by in- functional capabilities of individuals with devel- ports, or other forms of assistance that are of dividuals without disabilities, in social, edu- opmental disabilities. lifelong or extended duration and are individ- cational, work, and community activities, that (4) ASSISTIVE TECHNOLOGY SERVICE.—The term ually planned and coordinated. enables individuals with developmental disabil- ‘‘assistive technology service’’ means any service (B) INFANTS AND YOUNG CHILDREN.—An indi- ities to— that directly assists an individual with a devel- vidual from birth to age 9, inclusive, who has a (A) have friendships and relationships with opmental disability in the selection, acquisition, substantial developmental delay or specific con- individuals and families of their own choice;

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(B) live in homes close to community re- (B) engagement in work that contributes to a (28) STATE.—The term ‘‘State’’, except as oth- sources, with regular contact with individuals household or community. erwise provided, includes, in addition to each of without disabilities in their communities; (22) PROTECTION AND ADVOCACY SYSTEM.—The the several States of the United States, the Dis- (C) enjoy full access to and active participa- term ‘‘protection and advocacy system’’ means a trict of Columbia, the Commonwealth of Puerto tion in the same community activities and types protection and advocacy system established in Rico, the United States Virgin Islands, Guam, of employment as individuals without disabil- accordance with section 143. American Samoa, and the Commonwealth of the ities; and (23) QUALITY ASSURANCE ACTIVITIES.—The Northern Mariana Islands. (D) take full advantage of their integration term ‘‘quality assurance activities’’ means advo- (29) STATE COUNCIL ON DEVELOPMENTAL DIS- into the same community resources as individ- cacy, capacity building, and systemic change ABILITIES.—The term ‘‘State Council on Devel- uals without disabilities, living, learning, work- activities that result in improved consumer- and opmental Disabilities’’ means a Council estab- ing, and enjoying life in regular contact with family-centered quality assurance and that re- lished under section 125. individuals without disabilities. sult in systems of quality assurance and con- (30) SUPPORTED EMPLOYMENT SERVICES.—The (16) INDIVIDUALIZED SUPPORTS.—The term sumer protection that— term ‘‘supported employment services’’ means ‘‘individualized supports’’ means supports (A) include monitoring of services, supports, services that enable individuals with develop- that— and assistance provided to an individual with mental disabilities to perform competitive work (A) enable an individual with a developmental developmental disabilities that ensures that the in integrated work settings, in the case of indi- disability to exercise self-determination, be inde- individual— viduals with developmental disabilities— pendent, be productive, and be integrated and (i) will not experience abuse, neglect, sexual (A)(i) for whom competitive employment has included in all facets of community life; or financial exploitation, or violation of legal or not traditionally occurred; or (B) are designed to— human rights; and (ii) for whom competitive employment has (i) enable such individual to control such indi- (ii) will not be subject to the inappropriate use been interrupted or intermittent as a result of vidual’s environment, permitting the most inde- of restraints or seclusion; significant disabilities; and pendent life possible; (B) include training in leadership, self-advo- (B) who, because of the nature and severity of (ii) prevent placement into a more restrictive cacy, and self-determination for individuals their disabilities, need intensive supported em- living arrangement than is necessary; and with developmental disabilities, their families, ployment services or extended services in order (iii) enable such individual to live, learn, and their guardians to ensure that those indi- to perform such work. work, and enjoy life in the community; and viduals— (31) TRANSPORTATION-RELATED ACTIVITIES.— (C) include— (i) will not experience abuse, neglect, sexual The term ‘‘transportation-related activities’’ (i) early intervention services; or financial exploitation, or violation of legal or means advocacy, capacity building, and sys- (ii) respite care; human rights; and temic change activities that result in individuals (iii) personal assistance services; (ii) will not be subject to the inappropriate use with developmental disabilities having access to (iv) family support services; and use of transportation. (v) supported employment services; of restraints or seclusion; or (C) include activities related to interagency (32) UNSERVED AND UNDERSERVED.—The term (vi) support services for families headed by ‘‘unserved and underserved’’ includes popu- aging caregivers of individuals with develop- coordination and systems integration that result in improved and enhanced services, supports, lations such as individuals from racial and eth- mental disabilities; and nic minority backgrounds, disadvantaged indi- (vii) provision of rehabilitation technology and other assistance that contribute to and pro- viduals, individuals with limited English pro- and assistive technology, and assistive tech- tect the self-determination, independence, proficiency, individuals from underserved geo- nology services. ductivity, and integration and inclusion in all graphic areas (rural or urban), and specific (17) INTEGRATION.—The term ‘‘integration’’, facets of community life, of individuals with de- groups of individuals within the population of used with respect to individuals with develop- velopmental disabilities. individuals with developmental disabilities, in- mental disabilities, means exercising the equal (24) RECREATION-RELATED ACTIVITIES.—The cluding individuals who require assistive tech- right of individuals with developmental disabil- term ‘‘recreation-related activities’’ means advo- nology in order to participate in and contribute ities to access and use the same community re- cacy, capacity building, and systemic change to community life. sources as are used by and available to other in- activities that result in individuals with devel- dividuals. opmental disabilities having access to and use of SEC. 103. RECORDS AND AUDITS. (18) NOT-FOR-PROFIT.—The term ‘‘not-for- recreational, leisure, and social activities, in (a) RECORDS.—Each recipient of assistance profit’’, used with respect to an agency, institu- their communities. under this title shall keep such records as the tion, or organization, means an agency, institu- (25) REHABILITATION TECHNOLOGY.—The term Secretary shall prescribe, including— tion, or organization that is owned or operated ‘‘rehabilitation technology’’ means the system- (1) records that fully disclose— by 1 or more corporations or associations, no atic application of technologies, engineering (A) the amount and disposition by such recipi- part of the net earnings of which inures, or may methodologies, or scientific principles to meet ent of the assistance; lawfully inure, to the benefit of any private the needs of, and address the barriers con- (B) the total cost of the project or undertaking shareholder or individual. fronted by, individuals with developmental dis- in connection with which such assistance is (19) PERSONAL ASSISTANCE SERVICES.—The abilities in areas that include education, reha- given or used; and term ‘‘personal assistance services’’ means a bilitation, employment, transportation, inde- (C) the amount of that portion of the cost of range of services, provided by 1 or more individ- pendent living, and recreation. Such term in- the project or undertaking that is supplied by uals, designed to assist an individual with a dis- cludes rehabilitation engineering, and the provi- other sources; and ability to perform daily activities, including ac- sion of assistive technology devices and assistive (2) such other records as will facilitate an ef- tivities on or off a job that such individual technology services. fective audit. would typically perform if such individual did (26) SECRETARY.—The term ‘‘Secretary’’ means (b) ACCESS.—The Secretary and the Comp- not have a disability. Such services shall be de- the Secretary of Health and Human Services. troller General of the United States, or any of signed to increase such individual’s control in (27) SELF-DETERMINATION ACTIVITIES.—The their duly authorized representatives, shall have life and ability to perform everyday activities, term ‘‘self-determination activities’’ means ac- access for the purpose of audit and examination including activities on or off a job. tivities that result in individuals with develop- to any books, documents, papers, and records of (20) PREVENTION ACTIVITIES.—The term ‘‘pre- mental disabilities, with appropriate assistance, the recipients of assistance under this title that vention activities’’ means activities that address having— are pertinent to such assistance. the causes of developmental disabilities and the (A) the ability and opportunity to commu- SEC. 104. RESPONSIBILITIES OF THE SECRETARY. exacerbation of functional limitation, such as nicate and make personal decisions; (a) PROGRAM ACCOUNTABILITY.— activities that— (B) the ability and opportunity to commu- (1) IN GENERAL.—In order to monitor entities (A) eliminate or reduce the factors that cause nicate choices and exercise control over the type that received funds under this Act to carry out or predispose individuals to developmental dis- and intensity of services, supports, and other activities under subtitles B, C, and D and deter- abilities or that increase the prevalence of devel- assistance the individuals receive; mine the extent to which the entities have been opmental disabilities; (C) the authority to control resources to ob- responsive to the purpose of this title and have (B) increase the early identification of prob- tain needed services, supports, and other assist- taken actions consistent with the policy de- lems to eliminate circumstances that create or ance; scribed in section 101(c), the Secretary shall de- increase functional limitations; and (D) opportunities to participate in, and con- velop and implement an accountability process (C) mitigate against the effects of develop- tribute to, their communities; and as described in this subsection, with respect to mental disabilities throughout the lifespan of an (E) support, including financial support, to activities conducted after October 1, 2000. individual. advocate for themselves and others, to develop (2) AREAS OF EMPHASIS.—The Secretary shall (21) PRODUCTIVITY.—The term ‘‘productivity’’ leadership skills, through training in self-advo- develop a process for identifying and reporting means— cacy, to participate in coalitions, to educate pol- (pursuant to section 105) on progress achieved (A) engagement in income-producing work icymakers, and to play a role in the development through advocacy, capacity building, and sys- that is measured by increased income, improved of public policies that affect individuals with temic change activities, undertaken by the enti- employment status, or job advancement; or developmental disabilities. ties described in paragraph (1), that resulted in

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00088 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29033 individuals with developmental disabilities and 108 of the Developmental Disabilities Assistance right to exercise any supervision or control over their families participating in the design of and and Bill of Rights Act (42 U.S.C. 6007) as in ef- the administration, personnel, maintenance, or having access to needed community services, in- fect on the day before the date of enactment of operation of any programs, services, and sup- dividualized supports, and other forms of assist- this Act, except as otherwise provided in this ports for individuals with developmental disabil- ance that promote self-determination, independ- subsection. ities with respect to which any funds have been ence, productivity, and integration and inclu- (2) COMPOSITION.—The interagency committee or may be expended under this title. sion in all facets of community life. Specifically, shall be composed of representatives of— SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH the Secretary shall develop a process for identi- (A) the Administration on Developmental Dis- DISABILITIES. fying and reporting on progress achieved, abilities, the Administration on Children, As a condition of providing assistance under through advocacy, capacity building, and sys- Youth, and Families, the Administration on this title, the Secretary shall require that each temic change activities, by the entities in the Aging, and the Health Resources and Services recipient of such assistance take affirmative ac- areas of emphasis. Administration, of the Department of Health tion to employ and advance in employment (3) INDICATORS OF PROGRESS.— and Human Services; and qualified individuals with disabilities on the (A) IN GENERAL.—In identifying progress made (B) such other Federal departments and agen- same terms and conditions required with respect by the entities described in paragraph (1) in the cies as the Secretary of Health and Human Serv- to the employment of such individuals under the areas of emphasis, the Secretary, in consulta- ices considers to be appropriate. provisions of title V of the Rehabilitation Act of tion with the Commissioner of the Administra- (3) DUTIES.—Such interagency committee shall 1973 (29 U.S.C. 791 et seq.) and the Americans tion on Developmental Disabilities and the enti- meet regularly to coordinate and plan activities with Disabilities Act of 1990 (42 U.S.C. 12101 et ties, shall develop indicators for each area of conducted by Federal departments and agencies seq.), that govern employment. emphasis. for individuals with developmental disabilities. SEC. 108. CONSTRUCTION. (B) PROPOSED INDICATORS.—Not later than (4) MEETINGS.—Each meeting of the inter- Nothing in this title shall be construed to pre- 180 days after the date of enactment of this Act, agency committee (except for any meetings of clude an entity funded under this title from en- the Secretary shall develop and publish in the any subcommittees of the committee) shall be gaging in advocacy, capacity building, and sys- Federal Register for public comment proposed open to the public. Notice of each meeting, and temic change activities for individuals with de- indicators of progress for monitoring how enti- a statement of the agenda for the meeting, shall velopmental disabilities that may also have a ties described in paragraph (1) have addressed be published in the Federal Register not later positive impact on individuals with other dis- the areas of emphasis described in paragraph (2) than 14 days before the date on which the meet- abilities. in a manner that is responsive to the purpose of ing is to occur. this title and consistent with the policy de- SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVEL- SEC. 105. REPORTS OF THE SECRETARY. OPMENTAL DISABILITIES. scribed in section 101(c). At least once every 2 years, the Secretary, (a) IN GENERAL.—Congress makes the fol- (C) FINAL INDICATORS.—Not later than Octo- using information submitted in the reports and ber 1, 2000, the Secretary shall revise the pro- lowing findings respecting the rights of individ- information required under subtitles B, C, D, uals with developmental disabilities: posed indicators of progress, to the extent nec- and E, shall prepare and submit to the Presi- essary based on public comment, and publish (1) Individuals with developmental disabilities dent, Congress, and the National Council on have a right to appropriate treatment, services, final indicators of progress in the Federal Reg- Disability, a report that describes the goals and ister. and habilitation for such disabilities, consistent outcomes of programs supported under subtitles with section 101(c). (D) SPECIFIC MEASURES.—At a minimum, the B, C, D, and E. In preparing the report, the Sec- indicators of progress shall be used to describe (2) The treatment, services, and habitation for retary shall provide— an individual with developmental disabilities and measure— (1) meaningful examples of how the councils, (i) the satisfaction of individuals with devel- should be designed to maximize the potential of protection and advocacy systems, centers, and opmental disabilities with the advocacy, capac- the individual and should be provided in the entities funded under subtitles B, C, D, and E, ity building, and systemic change activities pro- setting that is least restrictive of the individual’s respectively— personal liberty. vided under subtitles B, C, and D; (A) have undertaken coordinated activities (ii) the extent to which the advocacy, capacity (3) The Federal Government and the States with each other; building, and systemic change activities pro- both have an obligation to ensure that public (B) have enhanced the ability of individuals vided through subtitles B, C, and D result in im- funds are provided only to institutional pro- with developmental disabilities and their fami- provements in— grams, residential programs, and other commu- lies to participate in the design of and have ac- (I) the ability of individuals with develop- nity programs, including educational programs cess to needed community services, individual- mental disabilities to make choices and exert in which individuals with developmental dis- ized supports, and other forms of assistance that control over the type, intensity, and timing of abilities participate, that— promote self-determination, independence, pro- services, supports, and assistance that the indi- (A) provide treatment, services, and habili- ductivity, and integration and inclusion in all viduals have used; tation that are appropriate to the needs of such (II) the ability of individuals with develop- facets of community life; individuals; and (C) have brought about advocacy, capacity mental disabilities to participate in the full (B) meet minimum standards relating to— building, and systemic change activities (includ- range of community life with persons of the in- (i) provision of care that is free of abuse, ne- ing policy reform), and other actions on behalf dividuals’ choice; and glect, sexual and financial exploitation, and (III) the ability of individuals with develop- of individuals with developmental disabilities violations of legal and human rights and that mental disabilities to access services, supports, and their families, including individuals who subjects individuals with developmental disabil- and assistance in a manner that ensures that are traditionally unserved or underserved, parities to no greater risk of harm than others in such an individual is free from abuse, neglect, ticularly individuals who are members of ethnic the general population; sexual and financial exploitation, violation of and racial minority groups and individuals from (ii) provision to such individuals of appro- legal and human rights, and the inappropriate underserved geographic areas; and priate and sufficient medical and dental serv- use of restraints and seclusion; and (D) have brought about advocacy, capacity ices; (iii) the extent to which the entities described building, and systemic change activities that af- (iii) prohibition of the use of physical rein paragraph (1) collaborate with each other to fect individuals with disabilities other than in- straint and seclusion for such an individual un- achieve the purpose of this title and the policy dividuals with developmental disabilities; less absolutely necessary to ensure the imme- described in section 101(c). (2) information on the extent to which pro- diate physical safety of the individual or others, (4) TIME LINE FOR COMPLIANCE WITH INDICA- grams authorized under this title have ad- and prohibition of the use of such restraint and TORS OF PROGRESS.—The Secretary shall require dressed— seclusion as a punishment or as a substitute for entities described in paragraph (1) to meet the (A) protecting individuals with developmental a habilitation program; indicators of progress described in paragraph disabilities from abuse, neglect, sexual and fi- (iv) prohibition of the excessive use of chem- (3). For fiscal year 2001 and each year there- nancial exploitation, and violations of legal and ical restraints on such individuals and the use after, the Secretary shall apply the indicators in human rights, so that those individuals are at of such restraints as punishment or as a sub- monitoring entities described in paragraph (1), no greater risk of harm than other persons in stitute for a habilitation program or in quan- with respect to activities conducted after Octo- the general population; and tities that interfere with services, treatment, or ber 1, 2000. (B) reports of deaths of and serious injuries to habilitation for such individuals; and (b) TIME LINE FOR REGULATIONS.—Except as individuals with developmental disabilities; and (v) provision for close relatives or guardians otherwise expressly provided in this title, the (3) a summary of any incidents of noncompli- of such individuals to visit the individuals with- Secretary, not later than 1 year after the date of ance of the programs authorized under this title out prior notice. enactment of this Act, shall promulgate such with the provisions of this title, and corrections (4) All programs for individuals with develop- regulations as may be required for the imple- made or actions taken to obtain compliance. mental disabilities should meet standards— mentation of this title. SEC. 106. STATE CONTROL OF OPERATIONS. (A) that are designed to assure the most favor- (c) INTERAGENCY COMMITTEE.— Except as otherwise specifically provided, able possible outcome for those served; and (1) IN GENERAL.—The Secretary shall maintain nothing in this title shall be construed as con- (B)(i) in the case of residential programs serv- the interagency committee authorized in section ferring on any Federal officer or employee the ing individuals in need of comprehensive health-

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00089 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 29034 CONGRESSIONAL RECORD—SENATE November 8, 1999 related, habilitative, assistive technology or re- (i) to each of American Samoa, Guam, the tion 124 provides for cooperative or joint effort habilitative services, that are at least equivalent United States Virgin Islands, or the Common- between or among States or agencies, public or to those standards applicable to intermediate wealth of the Northern Mariana Islands may private, in more than 1 State, portions of funds care facilities for the mentally retarded, promul- not be less than $210,000; and allotted to 1 or more States described in this sub- gated in regulations of the Secretary on June 3, (ii) to any State not described in clause (i) section may be combined in accordance with the 1988, as appropriate, taking into account the may not be less than $400,000. agreements between the States or agencies in- size of the institutions and the service delivery (B) REDUCTION OF ALLOTMENT.—Notwith- volved. arrangements of the facilities of the programs; standing subparagraph (A), if the aggregate of (e) REALLOTMENTS.— (ii) in the case of other residential programs the amounts to be allotted to the States pursu- (1) IN GENERAL.—If the Secretary determines for individuals with developmental disabilities, ant to subparagraph (A) for any fiscal year ex- that an amount of an allotment to a State for a that assure that— ceeds the total amount appropriated under sec- period (of a fiscal year or longer) will not be re- (I) care is appropriate to the needs of the indi- tion 129 for such fiscal year, the amount to be quired by the State during the period for the viduals being served by such programs; allotted to each State for such fiscal year shall purpose for which the allotment was made, the (II) the individuals admitted to facilities of be proportionately reduced. Secretary may reallot the amount. such programs are individuals whose needs can (4) MINIMUM ALLOTMENT FOR APPROPRIATIONS (2) TIMING.—The Secretary may make such a be met through services provided by such facili- IN EXCESS OF $70,000,000.— reallotment from time to time, on such date as ties; and (A) IN GENERAL.—In any case in which the the Secretary may fix, but not earlier than 30 (III) the facilities of such programs provide for total amount appropriated under section 129 for days after the Secretary has published notice of the humane care of the residents of the facili- a fiscal year is more than $70,000,000, the allot- the intention of the Secretary to make the real- ties, are sanitary, and protect their rights; and ment under this section for such fiscal year— lotment in the Federal Register. (iii) in the case of nonresidential programs, (i) to each of American Samoa, Guam, the (3) AMOUNTS.—The Secretary shall reallot the that assure that the care provided by such pro- United States Virgin Islands, or the Common- amount to other States with respect to which grams is appropriate to the individuals served wealth of the Northern Mariana Islands may the Secretary has not made that determination. by the programs. not be less than $220,000; and The Secretary shall reallot the amount in pro- (b) CLARIFICATION.—The rights of individuals (ii) to any State not described in clause (i) portion to the original allotments of the other with developmental disabilities described in may not be less than $450,000. States for such fiscal year, but shall reduce such findings made in this section shall be considered (B) REDUCTION OF ALLOTMENT.—The require- proportionate amount for any of the other to be in addition to any constitutional or other ments of paragraph (3)(B) shall apply with re- States to the extent the proportionate amount rights otherwise afforded to all individuals. spect to amounts to be allotted to States under exceeds the sum that the Secretary estimates the Subtitle B—Federal Assistance to State subparagraph (A), in the same manner and to State needs and will be able to use during such Councils on Developmental Disabilities the same extent as such requirements apply with period. (4) REALLOTMENT OF REDUCTIONS.—The Sec- respect to amounts to be allotted to States under SEC. 121. PURPOSE. retary shall similarly reallot the total of the re- paragraph (3)(A). The purpose of this subtitle is to provide for ductions among the States whose proportionate (5) STATE SUPPORTS, SERVICES, AND OTHER AC- allotments to support State Councils on Devel- amounts were not so reduced. TIVITIES.—In determining, for purposes of para- opmental Disabilities (referred to individually in (5) TREATMENT.—Any amount reallotted to a graph (1)(A)(ii), the extent of need in any State this subtitle as a ‘‘Council’’) in each State to— State under this subsection for a fiscal year for services for individuals with developmental (1) engage in advocacy, capacity building, shall be deemed to be a part of the allotment of disabilities, the Secretary shall take into ac- and systemic change activities that are con- the State under subsection (a) for such fiscal count the scope and extent of the services, sup- sistent with the purpose described in section year. ports, and assistance described, pursuant to sec- 101(b) and the policy described in section 101(c); SEC. 123. PAYMENTS TO THE STATES FOR PLAN- and tion 124(c)(3)(A), in the State plan of the State. NING, ADMINISTRATION, AND SERV- (2) contribute to a coordinated, consumer- and (6) INCREASE IN ALLOTMENTS.—In any year in ICES. family-centered, consumer- and family-directed, which the total amount appropriated under sec- (a) STATE PLAN EXPENDITURES.—From each comprehensive system of community services, in- tion 129 for a fiscal year exceeds the total State’s allotments for a fiscal year under section dividualized supports, and other forms of assist- amount appropriated under such section (or a 122, the Secretary shall pay to the State the ance that enable individuals with developmental corresponding provision) for the preceding fiscal Federal share of the cost, other than the cost for disabilities to exercise self-determination, be year by a percentage greater than the most reconstruction, incurred during such year for ac- independent, be productive, and be integrated cent percentage change in the Consumer Price tivities carried out under the State plan ap- and included in all facets of community life. Index published by the Secretary of Labor under proved under section 124. The Secretary shall SEC. 122. STATE ALLOTMENTS. section 100(c)(1) of the Rehabilitation Act of make such payments from time to time in ad- (a) ALLOTMENTS.— 1973 (29 U.S.C. 720(c)(1)) (if the percentage vance on the basis of estimates by the Secretary (1) IN GENERAL.— change indicates an increase), the Secretary of the sums the State will expend for the cost (A) AUTHORITY.—For each fiscal year, the shall increase each of the minimum allotments under the State plan. The Secretary shall make Secretary shall, in accordance with regulations described in paragraphs (3) and (4). The Sec- such adjustments as may be necessary to the and this paragraph, allot the sums appropriated retary shall increase each minimum allotment by payments on account of previously made under- for such year under section 129 among the an amount that bears the same ratio to the payments or overpayments under this section. States on the basis of— amount of such minimum allotment (including (b) DESIGNATED STATE AGENCY EXPENDI- (i) the population; any increases in such minimum allotment under TURES.—The Secretary may make payments to a (ii) the extent of need for services for individ- this paragraph (or a corresponding provision) State for the portion described in section uals with developmental disabilities; and for prior fiscal years) as the amount that is 124(c)(5)(B)(vi) in advance or by way of reim- (iii) the financial need, equal to the difference between— bursement, and in such installments as the Sec- of the respective States. (A) the total amount appropriated under secretary may determine. (B) USE OF FUNDS.—Sums allotted to the tion 129 for the fiscal year for which the in- SEC. 124. STATE PLAN. States under this section shall be used to pay for crease in the minimum allotment is being made; (a) IN GENERAL.—Any State desiring to receive the Federal share of the cost of carrying out minus assistance under this subtitle shall submit to the projects in accordance with State plans ap- (B) the total amount appropriated under sec- Secretary, and obtain approval of, a 5-year stra- proved under section 124 for the provision under tion 129 (or a corresponding provision) for the tegic State plan under this section. such plans of services for individuals with de- immediately preceding fiscal year, (b) PLANNING CYCLE.—The plan described in velopmental disabilities. bears to the total amount appropriated under subsection (a) shall be updated as appropriate (2) ADJUSTMENTS.—The Secretary may make section 129 (or a corresponding provision) for during the 5-year period. adjustments in the amounts of State allotments such preceding fiscal year. (c) STATE PLAN REQUIREMENTS.—In order to based on clauses (i), (ii), and (iii) of paragraph (b) UNOBLIGATED FUNDS.—Any amount paid be approved by the Secretary under this section, (1)(A) not more often than annually. The Sec- to a State for a fiscal year and remaining unob- a State plan shall meet each of the following re- retary shall notify each State of any adjustment ligated at the end of such year shall remain quirements: made under this paragraph and the percentage available to such State for the next fiscal year (1) STATE COUNCIL.—The plan shall provide of the total sums appropriated under section 129 for the purposes for which such amount was for the establishment and maintenance of a that the adjusted allotment represents not later paid. Council in accordance with section 125 and de- than 6 months before the beginning of the fiscal (c) OBLIGATION OF FUNDS.—For the purposes scribe the membership of such Council. year in which such adjustment is to take effect. of this subtitle, State Interagency Agreements (2) DESIGNATED STATE AGENCY.—The plan (3) MINIMUM ALLOTMENT FOR APPROPRIATIONS are considered valid obligations for the purpose shall identify the agency or office within the LESS THAN OR EQUAL TO $70,000,000.— of obligating Federal funds allotted to the State State designated to support the Council in ac- (A) IN GENERAL.—Except as provided in para- under this subtitle. cordance with this section and section 125(d) graph (4), for any fiscal year the allotment (d) COOPERATIVE EFFORTS BETWEEN STATES.— (referred to in this subtitle as a ‘‘designated under this section— If a State plan approved in accordance with sec- State agency’’).

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(3) COMPREHENSIVE REVIEW AND ANALYSIS.— Facility (Mental Retardation) within the State, (vi) at the request of any State, a portion of The plan shall describe the results of a com- which the State shall provide to the Council not such funds provided to such State under this prehensive review and analysis of the extent to later than 30 days after the availability of the subtitle for any fiscal year shall be available to which services, supports, and other assistance review); and pay up to 1⁄2 (or the entire amount if the Council are available to individuals with developmental (viii) to the extent that information is avail- is the designated State agency) of the expendi- disabilities and their families, and the extent of able, a description of the adequacy of health tures found to be necessary by the Secretary for unmet needs for services, supports, and other care and other services, supports, and assistance the proper and efficient exercise of the functions assistance for those individuals and their fami- that individuals with developmental disabilities of the designated State agency, except that not lies, in the State. The results of the comprehen- who are served through home and community- more than 5 percent of such funds provided to sive review and analysis shall include— based waivers (authorized under section 1915(c) such State for any fiscal year, or $50,000, which- (A) a description of the services, supports, and of the Social Security Act (42 U.S.C. 1396n(c))) ever is less, shall be made available for total ex- other assistance being provided to individuals receive; penditures for such purpose by the designated with developmental disabilities and their fami- (D) a description of how entities funded under State agency; and lies under other federally assisted State pro- subtitles C and D, through interagency agree- (vii) not more than 20 percent of such funds grams, plans, and policies under which the ments or other mechanisms, collaborated with will be allocated to the designated State agency State operates and in which individuals with the entity funded under this subtitle in the for service demonstrations by such agency developmental disabilities are or may be eligible State, each other, and other entities to con- that— to participate, including particularly programs tribute to the achievement of the purpose of this (I) contribute to the achievement of the pur- relating to the areas of emphasis, including— subtitle; and pose of this subtitle; and (i) medical assistance, maternal and child (E) the rationale for the goals related to advo- (II) are explicitly authorized by the Council. health care, services for children with special cacy, capacity building, and systemic change to (C) STATE FINANCIAL PARTICIPATION.—The health care needs, children’s mental health serv- be undertaken by the Council to contribute to plan shall provide assurances that there will be ices, comprehensive health and mental health the achievement of the purpose of this subtitle. reasonable State financial participation in the services, and institutional care options; (4) PLAN GOALS.—The plan shall focus on cost of carrying out the plan. (ii) job training, job placement, worksite ac- Council efforts to bring about the purpose of (D) CONFLICT OF INTEREST.—The plan shall commodation, and vocational rehabilitation, this subtitle, by— provide an assurance that no member of such and other work assistance programs; and (A) specifying 5-year goals, as developed Council will cast a vote on any matter that (iii) social, child welfare, aging, independent through data driven strategic planning, for ad- would provide direct financial benefit to the living, and rehabilitation and assistive tech- vocacy, capacity building, and systemic change member or otherwise give the appearance of a nology services, and such other services as the related to the areas of emphasis, to be under- conflict of interest. Secretary may specify; taken by the Council, that— (E) URBAN AND RURAL POVERTY AREAS.—The (B) a description of the extent to which agen- (i) are derived from the unmet needs of indi- plan shall provide assurances that special fi- cies operating such other federally assisted State viduals with developmental disabilities and their nancial and technical assistance will be given to programs, including activities authorized under families identified under paragraph (3); and organizations that provide community services, section 101 or 102 of the Assistive Technology (ii) include a goal, for each year of the grant, individualized supports, and other forms of as- Act of 1998 (29 U.S.C. 3011, 3012), pursue inter- to— sistance to individuals with developmental dis- agency initiatives to improve and enhance com- (I) establish or strengthen a program for the abilities who live in areas designated as urban munity services, individualized supports, and direct funding of a State self-advocacy organi- or rural poverty areas. other forms of assistance for individuals with zation led by individuals with developmental (F) PROGRAM ACCESSIBILITY STANDARDS.—The developmental disabilities; disabilities; plan shall provide assurances that programs, (C) an analysis of the extent to which commu- (II) support opportunities for individuals with projects, and activities funded under the plan, nity services and opportunities related to the developmental disabilities who are considered and the buildings in which such programs, areas of emphasis directly benefit individuals leaders to provide leadership training to individ- projects, and activities are operated, will meet with developmental disabilities, especially with uals with developmental disabilities who may standards prescribed by the Secretary in regula- regard to their ability to access and use services become leaders; and tions and all applicable Federal and State ac- provided in their communities, to participate in (III) support and expand participation of in- cessibility standards, including accessibility re- opportunities, activities, and events offered in dividuals with developmental disabilities in quirements of the Americans with Disabilities their communities, and to contribute to commu- cross-disability and culturally diverse leadership Act of 1990 (42 U.S.C. 12101 et seq.), section 508 nity life, identifying particularly— coalitions; and of the Rehabilitation Act of 1973 (29 U.S.C. (i) the degree of support for individuals with (B) for each year of the grant, describing— 794d), and the Fair Housing Act (42 U.S.C. 3601 developmental disabilities that are attributable (i) the goals to be achieved through the grant, et seq.). to either physical impairment, mental impair- which, beginning in fiscal year 2001, shall be (G) INDIVIDUALIZED SERVICES.—The plan shall ment, or a combination of physical and mental consistent with applicable indicators of progress provide assurances that any direct services pro- impairments; described in section 104(a)(3); vided to individuals with developmental disabil- (ii) criteria for eligibility for services, includ- (ii) the strategies to be used in achieving each ities and funded under the plan will be provided ing specialized services and special adaptation goal; and in an individualized manner, consistent with of generic services provided by agencies within (iii) the method to be used to determine if each the unique strengths, resources, priorities, con- the State, that may exclude individuals with de- goal has been achieved. cerns, abilities, and capabilities of such indi- velopmental disabilities from receiving services (5) ASSURANCES.— vidual. described in this clause; (A) IN GENERAL.—The plan shall contain or be (H) HUMAN RIGHTS.—The plan shall provide (iii) the barriers that impede full participation supported by assurances and information de- assurances that the human rights of the individ- of members of unserved and underserved groups scribed in subparagraphs (B) through (N) that uals with developmental disabilities (especially of individuals with developmental disabilities are satisfactory to the Secretary. individuals without familial protection) who are and their families; (B) USE OF FUNDS.—With respect to the funds receiving services under programs assisted under (iv) the availability of assistive technology, paid to the State under section 122, the plan this subtitle will be protected consistent with assistive technology services, or rehabilitation shall provide assurances that— section 109 (relating to rights of individuals with technology, or information about assistive tech- (i) not less than 70 percent of such funds will developmental disabilities). nology, assistive technology services, or rehabili- be expended for activities related to the goals (I) MINORITY PARTICIPATION.—The plan shall tation technology to individuals with develop- described in paragraph (4); provide assurances that the State has taken af- mental disabilities; (ii) such funds will contribute to the achieve- firmative steps to assure that participation in (v) the numbers of individuals with development of the purpose of this subtitle in various programs funded under this subtitle is geo- mental disabilities on waiting lists for services political subdivisions of the State; graphically representative of the State, and re- described in this subparagraph; (iii) such funds will be used to supplement, flects the diversity of the State with respect to (vi) a description of the adequacy of current and not supplant, the non-Federal funds that race and ethnicity. resources and projected availability of future re- would otherwise be made available for the pur- (J) EMPLOYEE PROTECTIONS.—The plan shall sources to fund services described in this sub- poses for which the funds paid under section 122 provide assurances that fair and equitable ar- paragraph; are provided; rangements (as determined by the Secretary (vii) a description of the adequacy of health (iv) such funds will be used to complement after consultation with the Secretary of Labor) care and other services, supports, and assistance and augment rather than duplicate or replace will be provided to protect the interests of em- that individuals with developmental disabilities services for individuals with developmental dis- ployees affected by actions taken under the plan who are in facilities receive (based in part on abilities and their families who are eligible for to provide community living activities, including each independent review (pursuant to section Federal assistance under other State programs; arrangements designed to preserve employee 1902(a)(30)(C) of the Social Security Act (42 (v) part of such funds will be made available rights and benefits and provide training and re- U.S.C. 1396a(a)(30)(C))) of an Intermediate Care by the State to public or private entities; training of such employees where necessary,

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and arrangements under which maximum efforts non-State agency members of the Council. The (C) 1⁄3 shall be a combination of individuals will be made to guarantee the employment of Council may, at the initiative of the Council, or described in paragraph (3)(A). such employees. on the request of the Governor, coordinate (6) INSTITUTIONALIZED INDIVIDUALS.— (K) STAFF ASSIGNMENTS.—The plan shall pro- Council and public input to the Governor re- (A) IN GENERAL.—Of the members of the Coun- vide assurances that the staff and other per- garding all recommendations. cil described in paragraph (5), at least 1 shall be sonnel of the Council, while working for the (C) REPRESENTATION.—The membership of the an immediate relative or guardian of an indi- Council, will be responsible solely for assisting Council shall be geographically representative vidual with a developmental disability who re- the Council in carrying out the duties of the of the State and reflect the diversity of the State sides or previously resided in an institution or Council under this subtitle and will not be as- with respect to race and ethnicity. shall be an individual with a developmental dis- signed duties by the designated State agency, or (2) MEMBERSHIP ROTATION.—The Governor ability who resides or previously resided in an any other agency, office, or entity of the State. shall make appropriate provisions to rotate the institution. (L) NONINTERFERENCE.—The plan shall pro- membership of the Council. Such provisions (B) LIMITATION.—Subparagraph (A) shall not vide assurances that the designated State agen- shall allow members to continue to serve on the apply with respect to a State if such an indi- cy, and any other agency, office, or entity of Council until such members’ successors are ap- vidual does not reside in that State. the State, will not interfere with the advocacy, pointed. The Council shall notify the Governor (c) COUNCIL RESPONSIBILITIES.— capacity building, and systemic change activi- regarding membership requirements of the Coun- (1) IN GENERAL.—A Council, through Council ties, budget, personnel, State plan development, cil, and shall notify the Governor when vacan- members, staff, consultants, contractors, or sub- or plan implementation of the Council, except cies on the Council remain unfilled for a signifi- grantees, shall have the responsibilities de- that the designated State agency shall have the cant period of time. scribed in paragraphs (2) through (10). authority necessary to carry out the responsibil- (3) REPRESENTATION OF INDIVIDUALS WITH DE- (2) ADVOCACY, CAPACITY BUILDING, AND SYS- ities described in section 125(d)(3). VELOPMENTAL DISABILITIES.—Not less than 60 TEMIC CHANGE ACTIVITIES.—The Council shall (M) STATE QUALITY ASSURANCE.—The plan percent of the membership of each Council shall serve as an advocate for individuals with devel- shall provide assurances that the Council will consist of individuals who are— opmental disabilities and conduct or support participate in the planning, design or redesign, (A)(i) individuals with developmental disabil- programs, projects, and activities that carry out and monitoring of State quality assurance sys- ities; the purpose of this subtitle. tems that affect individuals with developmental (ii) parents or guardians of children with de- (3) EXAMINATION OF GOALS.—At the end of disabilities. velopmental disabilities; or each grant year, each Council shall— (N) OTHER ASSURANCES.—The plan shall con- (iii) immediate relatives or guardians of adults (A) determine the extent to which each goal of tain such additional information and assur- with mentally impairing developmental disabil- the Council was achieved for that year; ances as the Secretary may find necessary to ities who cannot advocate for themselves; and (B) determine to the extent that each goal was carry out the provisions (including the purpose) (B) not employees of a State agency that re- not achieved, the factors that impeded the of this subtitle. ceives funds or provides services under this sub- achievement; (d) PUBLIC INPUT AND REVIEW, SUBMISSION, title, and who are not managing employees (as (C) determine needs that require amendment AND APPROVAL.— defined in section 1126(b) of the Social Security of the 5-year strategic State plan required under (1) PUBLIC INPUT AND REVIEW.—The plan shall Act (42 U.S.C. 1320a–5(b)) of any other entity section 124; be based on public input. The Council shall that receives funds or provides services under (D) separately determine the information on make the plan available for public review and this subtitle. the self-advocacy goal described in section comment, after providing appropriate and suffi- (4) REPRESENTATION OF AGENCIES AND ORGANI- 124(c)(4)(A)(ii); and cient notice in accessible formats of the oppor- ZATIONS.— (E) determine customer satisfaction with tunity for such review and comment. The Coun- (A) IN GENERAL.—Each Council shall in- Council supported or conducted activities. cil shall revise the plan to take into account and clude— (4) STATE PLAN DEVELOPMENT.—The Council respond to significant comments. (i) representatives of relevant State entities, shall develop the State plan and submit the (2) CONSULTATION WITH THE DESIGNATED including— State plan to the Secretary after consultation STATE AGENCY.—Before the plan is submitted to (I) State entities that administer funds pro- with the designated State agency under the the Secretary, the Council shall consult with the vided under Federal laws related to individuals State plan. Such consultation shall be solely for designated State agency to ensure that the State with disabilities, including the Rehabilitation the purposes of obtaining State assurances and plan is consistent with State law and to obtain Act of 1973 (29 U.S.C. 701 et seq.), the Individ- ensuring consistency of the plan with State law. appropriate State plan assurances. uals with Disabilities Education Act (20 U.S.C. (5) STATE PLAN IMPLEMENTATION.— (3) PLAN APPROVAL.—The Secretary shall ap- 1400 et seq.), the Older Americans Act of 1965 (42 (A) IN GENERAL.—The Council shall implement prove any State plan and, as appropriate, U.S.C. 3001 et seq.), and titles V and XIX of the the State plan by conducting and supporting amendments of such plan that comply with the Social Security Act (42 U.S.C. 701 et seq. and advocacy, capacity building, and systemic provisions of subsections (a), (b), and (c) and 1396 et seq.); change activities such as those described in sub- this subsection. The Secretary may take final (II) Centers in the State; and paragraphs (B) through (L). action to disapprove a State plan after pro- (III) the State protection and advocacy sys- (B) OUTREACH.—The Council may support viding reasonable notice and an opportunity for tem; and and conduct outreach activities to identify indi- a hearing to the State. (ii) representatives, at all times, of local and viduals with developmental disabilities and their SEC. 125. STATE COUNCILS ON DEVELOPMENTAL nongovernmental agencies, and private non- families who otherwise might not come to the at- DISABILITIES AND DESIGNATED profit groups concerned with services for indi- tention of the Council and assist and enable the STATE AGENCIES. viduals with developmental disabilities in the individuals and families to obtain services, indi- (a) IN GENERAL.—Each State that receives as- State in which such agencies and groups are lo- vidualized supports, and other forms of assist- sistance under this subtitle shall establish and cated. ance, including access to special adaptation of maintain a Council to undertake advocacy, ca- (B) AUTHORITY AND LIMITATIONS.—The rep- generic community services or specialized serv- pacity building, and systemic change activities resentatives described in subparagraph (A) ices. (consistent with subsections (b) and (c) of sec- shall— (C) TRAINING.—The Council may support and tion 101) that contribute to a coordinated, (i) have sufficient authority to engage in pol- conduct training for persons who are individ- consumer- and family-centered, consumer- and icy planning and implementation on behalf of uals with developmental disabilities, their fami- family-directed, comprehensive system of com- the department, agency, or program such rep- lies, and personnel (including professionals, munity services, individualized supports, and resentatives represent; and paraprofessionals, students, volunteers, and other forms of assistance that contribute to the (ii) recuse themselves from any discussion of other community members) to enable such per- achievement of the purpose of this subtitle. The grants or contracts for which such representa- sons to obtain access to, or to provide, commu- Council shall have the authority to fulfill the tives’ departments, agencies, or programs are nity services, individualized supports, and other responsibilities described in subsection (c). grantees, contractors, or applicants and comply forms of assistance, including special adapta- (b) COUNCIL MEMBERSHIP.— with the conflict of interest assurance require- tion of generic community services or specialized (1) COUNCIL APPOINTMENTS.— ment under section 124(c)(5)(D). services for individuals with developmental dis- (A) IN GENERAL.—The members of the Council (5) COMPOSITION OF MEMBERSHIP WITH DEVEL- abilities and their families. To the extent that of a State shall be appointed by the Governor of OPMENTAL DISABILITIES.—Of the members of the the Council supports or conducts training ac- the State from among the residents of that State. Council described in paragraph (3)— tivities under this subparagraph, such activities (B) RECOMMENDATIONS.—The Governor shall (A) 1⁄3 shall be individuals with developmental shall contribute to the achievement of the pur- select members of the Council, at the discretion disabilities described in paragraph (3)(A)(i); pose of this subtitle. of the Governor, after soliciting recommenda- (B) 1⁄3 shall be parents or guardians of chil- (D) TECHNICAL ASSISTANCE.—The Council may tions from organizations representing a broad dren with developmental disabilities described in support and conduct technical assistance activi- range of individuals with developmental disabil- paragraph (3)(A)(ii), or immediate relatives or ties to assist public and private entities to con- ities and individuals interested in individuals guardians of adults with developmental disabil- tribute to the achievement of the purpose of this with developmental disabilities, including the ities described in paragraph (3)(A)(iii); and subtitle.

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(E) SUPPORTING AND EDUCATING COMMU- (i) IN GENERAL.—The Council may support paid to the State under this subtitle to fund and NITIES.—The Council may support and conduct and conduct, on a time-limited basis, activities implement all programs, projects, and activities activities to assist neighborhoods and commu- to demonstrate new approaches to serving indi- carried out under this subtitle, including— nities to respond positively to individuals with viduals with developmental disabilities that are (A)(i) conducting such hearings and forums as developmental disabilities and their families— a part of an overall strategy for systemic the Council may determine to be necessary to (i) by encouraging local networks to provide change. The strategy may involve the education carry out the duties of the Council; and informal and formal supports; of policymakers and the public about how to de- (ii) as determined in Council policy— (ii) through education; and liver effectively, to individuals with develop- (I) reimbursing members of the Council for (iii) by enabling neighborhoods and commu- mental disabilities and their families, services, reasonable and necessary expenses (including nities to offer such individuals and their fami- supports, and assistance that contribute to the expenses for child care and personal assistance lies access to and use of services, resources, and achievement of the purpose of this subtitle. services) for attending Council meetings and opportunities. (ii) SOURCES OF FUNDING.—The Council may performing Council duties; (F) INTERAGENCY COLLABORATION AND CO- carry out this subparagraph by supporting and (II) paying a stipend to a member of the ORDINATION.—The Council may support and conducting demonstration activities through Council, if such member is not employed or must conduct activities to promote interagency col- sources of funding other than funding provided forfeit wages from other employment, to attend laboration and coordination to better serve, sup- under this subtitle, and by assisting entities Council meetings and perform other Council du- port, assist, or advocate for individuals with de- conducting demonstration activities to develop ties; velopmental disabilities and their families. strategies for securing funding from other (III) supporting Council member and staff (G) COORDINATION WITH RELATED COUNCILS, sources. travel to authorized training and technical as- COMMITTEES, AND PROGRAMS.—The Council may (L) OTHER ACTIVITIES.—The Council may sup- sistance activities including in-service training support and conduct activities to enhance co- port and conduct other advocacy, capacity and leadership development activities; and ordination of services with— building, and systemic change activities to pro- (IV) carrying out appropriate subcontracting (i) other councils, entities, or committees, au- mote the development of a coordinated, activities; (B) hiring and maintaining such numbers and thorized by Federal or State law, concerning in- consumer- and family-centered, consumer- and types of staff (qualified by training and experi- dividuals with disabilities (such as the State family-directed, comprehensive system of com- ence) and obtaining the services of such profes- interagency coordinating council established munity services, individualized supports, and sional, consulting, technical, and clerical staff under subtitle C of the Individuals with Disabil- other forms of assistance that contribute to the (qualified by training and experience), con- ities Education Act (20 U.S.C. 1431 et seq.), the achievement of the purpose of this subtitle. sistent with State law, as the Council deter- State Rehabilitation Council and the Statewide (6) REVIEW OF DESIGNATED STATE AGENCY.— mines to be necessary to carry out the functions Independent Living Council established under The Council shall periodically review the des- of the Council under this subtitle, except that the Rehabilitation Act of 1973 (29 U.S.C. 701 et ignated State agency and activities carried out such State shall not apply hiring freezes, reduc- seq.), the State mental health planning council under this subtitle by the designated State agen- tions in force, prohibitions on travel, or other established under subtitle B of title XIX of the cy and make any recommendations for change policies to the staff of the Council, to the extent Public Health Service Act (42 U.S.C. 300x–1 et to the Governor. that such policies would impact the staff or seq.), and the activities authorized under sec- (7) REPORTS.—Beginning in fiscal year 2001, functions funded with Federal funds, or would tion 101 or 102 of the Assistive Technology Act the Council shall annually prepare and transmit prevent the Council from carrying out the func- of 1998 (29 U.S.C. 3011, 3012), and entities car- to the Secretary a report. Each report shall be in tions of the Council under this subtitle; and rying out other similar councils, entities, or a form prescribed by the Secretary by regulation (C) directing the expenditure of funds for committees); under section 104(b). Each report shall contain grants, contracts, interagency agreements that (ii) parent training and information centers information about the progress made by the are binding contracts, and other activities au- under part D of the Individuals with Disabilities Council in achieving the goals of the Council thorized by the State plan approved under sec- Education Act (20 U.S.C. 1451 et seq.) and other (as specified in section 124(c)(4)), including— (A) a description of the extent to which the tion 124. entities carrying out federally funded projects (9) STAFF HIRING AND SUPERVISION.—The that assist parents of children with disabilities; goals were achieved; (B) a description of the strategies that con- Council shall, consistent with State law, recruit and and hire a Director of the Council, should the (iii) other groups interested in advocacy, ca- tributed to achieving the goals; (C) to the extent to which the goals were not position of Director become vacant, and super- pacity building, and systemic change activities achieved, a description of factors that impeded vise and annually evaluate the Director. The to benefit individuals with disabilities. the achievement; Director shall hire, supervise, and annually (H) BARRIER ELIMINATION, SYSTEMS DESIGN (D) separate information on the self-advocacy evaluate the staff of the Council. Council re- AND REDESIGN.—The Council may support and goal described in section 124(c)(4)(A)(ii); cruitment, hiring, and dismissal of staff shall be conduct activities to eliminate barriers to assess (E)(i) as appropriate, an update on the results conducted in a manner consistent with Federal and use of community services by individuals of the comprehensive review and analysis de- and State nondiscrimination laws. Dismissal of with developmental disabilities, enhance systems scribed in section 124(c)(3); and personnel shall be conducted in a manner con- design and redesign, and enhance citizen par- (ii) information on consumer satisfaction with sistent with State law and personnel policies. ticipation to address issues identified in the Council supported or conducted activities; (10) STAFF ASSIGNMENTS.—The staff of the State plan. (F)(i) a description of the adequacy of health Council, while working for the Council, shall be (I) COALITION DEVELOPMENT AND CITIZEN PAR- care and other services, supports, and assistance responsible solely for assisting the Council in TICIPATION.—The Council may support and con- that individuals with developmental disabilities carrying out the duties of the Council under duct activities to educate the public about the in Intermediate Care Facilities (Mental Retarda- this subtitle and shall not be assigned duties by capabilities, preferences, and needs of individ- tion) receive; and the designated State agency or any other agen- uals with developmental disabilities and their (ii) a description of the adequacy of health cy or entity of the State. families and to develop and support coalitions care and other services, supports, and assistance (11) CONSTRUCTION.—Nothing in this title that support the policy agenda of the Council, that individuals with developmental disabilities shall be construed to authorize a Council to di- including training in self-advocacy, education served through home and community-based rect, control, or exercise any policymaking au- of policymakers, and citizen leadership skills. waivers (authorized under section 1915(c) of the thority or administrative authority over any (J) INFORMING POLICYMAKERS.—The Council Social Security Act (42 U.S.C. 1396n(c)) receive; program assisted under the Rehabilitation Act may support and conduct activities to provide (G) an accounting of the manner in which of 1973 (29 U.S.C. 701 et seq.) or the Individuals information to policymakers by supporting and funds paid to the State under this subtitle for a with Disabilities Education Act (20 U.S.C. 1400 conducting studies and analyses, gathering in- fiscal year were expended; et seq.). formation, and developing and disseminating (H) a description of— (d) DESIGNATED STATE AGENCY.— model policies and procedures, information, ap- (i) resources made available to carry out ac- (1) IN GENERAL.—Each State that receives as- proaches, strategies, findings, conclusions, and tivities to assist individuals with developmental sistance under this subtitle shall designate a recommendations. The Council may provide the disabilities that are directly attributable to State agency that shall, on behalf of the State, information directly to Federal, State, and local Council actions; and provide support to the Council. After the date of policymakers, including Congress, the Federal (ii) resources made available for such activi- enactment of the Developmental Disabilities As- executive branch, the Governors, State legisla- ties that are undertaken by the Council in col- sistance and Bill of Rights Act Amendments of tures, and State agencies, in order to increase laboration with other entities; and 1994 (Public Law 103–230), any designation of a the ability of such policymakers to offer oppor- (I) a description of the method by which the State agency under this paragraph shall be tunities and to enhance or adapt generic serv- Council will widely disseminate the annual re- made in accordance with the requirements of ices to meet the needs of, or provide specialized port to affected constituencies and the general this subsection. services to, individuals with developmental dis- public and will assure that the report is avail- (2) DESIGNATION.— abilities and their families. able in accessible formats. (A) TYPE OF AGENCY.—Except as provided in (K) DEMONSTRATION OF NEW APPROACHES TO (8) BUDGET.—Each Council shall prepare, ap- this subsection, the designated State agency SERVICES AND SUPPORTS.— prove, and implement a budget using amounts shall be—

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(i) the Council if such Council may be the des- retary and the Council may determine to be nec- (2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS ignated State agency under the laws of the essary. The designated State agency, if other AND PUBLIC OR PRIVATE ENTITIES.— State; than the Council, shall provide timely financial (A) IN GENERAL.—Contributions to projects by (ii) a State agency that does not provide or reports at the request of the Council regarding a political subdivision of a State or by a public pay for services for individuals with develop- the status of expenditures, obligations, and liq- or private entity under an agreement with the mental disabilities; or uidation by the agency or the Council, and the State shall, subject to such limitations and con- (iii) a State office, including the immediate of- use of the Federal and non-Federal shares de- ditions as the Secretary may by regulation pre- fice of the Governor of the State or a State plan- scribed in section 126, by the agency or the scribe under section 104(b), be considered to be ning office. Council. contributions by such State, in the case of a (B) CONDITIONS FOR CONTINUATION OF STATE (E) NON-FEDERAL SHARE.—The designated project supported under this subtitle. SERVICE AGENCY DESIGNATION.— State agency, if other than the Council, shall (B) STATE CONTRIBUTIONS.—State contribu- (i) DESIGNATION BEFORE ENACTMENT.—If a provide the required non-Federal share de- tions, including contributions by the designated State agency that provides or pays for services scribed in section 126(c). State agency to provide support services to the for individuals with developmental disabilities (F) ASSURANCES.—The designated State agen- Council pursuant to section 125(d)(4), may be was a designated State agency for purposes of cy shall assist the Council in obtaining the ap- counted as part of such State’s non-Federal part B of the Developmental Disabilities Assist- propriate State plan assurances and in ensuring share of the cost of projects supported under ance and Bill of Rights Act on the date of en- that the plan is consistent with State law. this subtitle. (3) VARIATIONS OF THE NON-FEDERAL SHARE.— actment of the Developmental Disabilities As- (G) MEMORANDUM OF UNDERSTANDING.—On The non-Federal share required of each recipi- sistance and Bill of Rights Act Amendments of the request of the Council, the designated State ent of a grant from a Council under this subtitle 1994, and the Governor of the State (or the legis- agency shall enter into a memorandum of un- may vary. lature, where appropriate and in accordance derstanding with the Council delineating the roles and responsibilities of the designated State SEC. 127. WITHHOLDING OF PAYMENTS FOR with State law) determines prior to June 30, PLANNING, ADMINISTRATION, AND 1994, not to change the designation of such agency. SERVICES. agency, such agency may continue to be a des- (4) USE OF FUNDS FOR DESIGNATED STATE Whenever the Secretary, after providing rea- ignated State agency for purposes of this sub- AGENCY RESPONSIBILITIES.— sonable notice and an opportunity for a hearing title. (A) CONDITION FOR FEDERAL FUNDING.— to the Council and the designated State agency, (ii) CRITERIA FOR CONTINUED DESIGNATION.— (i) IN GENERAL.—The Secretary shall provide finds that— The determination, at the discretion of the Gov- amounts to a State under section 124(c)(5)(B)(vi) (1) the Council or agency has failed to comply ernor (or the legislature, as the case may be), for a fiscal year only if the State expends an substantially with any of the provisions re- shall be made after— amount from State sources for carrying out the quired by section 124 to be included in the State (I) the Governor has considered the comments responsibilities of the designated State agency plan, particularly provisions required by para- and recommendations of the general public and under paragraph (3) for the fiscal year that is graphs (4)(A) and (5)(B)(vii) of section 124(c), or a majority of the non-State agency members of not less than the total amount the State ex- with any of the provisions required by section the Council with respect to the designation of pended from such sources for carrying out simi- 125(b)(3); or such State agency; and lar responsibilities for the previous fiscal year. (2) the Council or agency has failed to comply (II) the Governor (or the legislature, as the (ii) EXCEPTION.—Clause (i) shall not apply in substantially with any regulations of the Sec- case may be) has made an independent assess- a year in which the Council is the designated retary that are applicable to this subtitle, ment that the designation of such agency will State agency. the Secretary shall notify such Council and not interfere with the budget, personnel, prior- (B) SUPPORT SERVICES PROVIDED BY OTHER agency that the Secretary will not make further ities, or other action of the Council, and the AGENCIES.—With the agreement of the des- payments to the State under section 122 (or, in ability of the Council to serve as an independent ignated State agency, the Council may use or the discretion of the Secretary, that further pay- advocate for individuals with developmental dis- contract with agencies other than the des- ments to the State under section 122 for activi- abilities. ignated State agency to perform the functions of ties for which there is such failure), until the (C) REVIEW OF DESIGNATION.—The Council the designated State agency. Secretary is satisfied that there will no longer be may request a review of and change in the des- SEC. 126. FEDERAL AND NON-FEDERAL SHARE. such failure. Until the Secretary is so satisfied, ignation of the designated State agency by the (a) AGGREGATE COST.— the Secretary shall make no further payments to Governor (or the legislature, as the case may (1) IN GENERAL.—Except as provided in para- the State under section 122, or shall limit further be). The Council shall provide documentation graphs (2) and (3), the Federal share of the cost payments under section 122 to such State to ac- concerning the reason the Council desires a of all projects in a State supported by an allot- tivities for which there is no such failure. change to be made and make a recommendation ment to the State under this subtitle may not be SEC. 128. APPEALS BY STATES. to the Governor (or the legislature, as the case more than 75 percent of the aggregate necessary (a) APPEAL.—If any State is dissatisfied with may be) regarding a preferred designated State cost of such projects, as determined by the Sec- the Secretary’s action under section 124(d)(3) or agency. retary. 127, such State may appeal to the United States (D) APPEAL OF DESIGNATION.—After the re- (2) URBAN OR RURAL POVERTY AREAS.—In the court of appeals for the circuit in which such view is completed under subparagraph (C), a case of projects whose activities or products tar- State is located, by filing a petition with such majority of the non-State agency members of the get individuals with developmental disabilities court not later than 60 days after such action. Council may appeal to the Secretary for a re- who live in urban or rural poverty areas, as de- (b) FILING.—The clerk of the court shall view of and change in the designation of the termined by the Secretary, the Federal share of transmit promptly a copy of the petition to the designated State agency if the ability of the the cost of all such projects may not be more Secretary, or any officer designated by the Sec- Council to serve as an independent advocate is than 90 percent of the aggregate necessary cost retary for that purpose. The Secretary shall file not assured because of the actions or inactions of such projects, as determined by the Secretary. promptly with the court the record of the proof the designated State agency. (3) STATE PLAN ACTIVITIES.—In the case of ceedings on which the Secretary based the ac- (3) RESPONSIBILITIES.— projects undertaken by the Council or Council tion, as provided in section 2112 of title 28, (A) IN GENERAL.—The designated State agency staff to implement State plan activities, the Fed- United States Code. shall, on behalf of the State, have the respon- eral share of the cost of all such projects may be (c) JURISDICTION.—Upon the filing of the peti- sibilities described in subparagraphs (B) not more than 100 percent of the aggregate nection, the court shall have jurisdiction to affirm through (G). essary cost of such activities. the action of the Secretary or to set the action (B) SUPPORT SERVICES.—The designated State (b) NONDUPLICATION.—In determining the aside, in whole or in part, temporarily or perma- agency shall provide required assurances and amount of any State’s Federal share of the cost nently. Until the filing of the record, the Sec- support services as requested by and negotiated of such projects incurred by such State under a retary may modify or set aside the order of the with the Council. State plan approved under section 124, the Sec- Secretary relating to the action. (C) FISCAL RESPONSIBILITIES.—The designated retary shall not consider— (d) FINDINGS AND REMAND.—The findings of State agency shall— (1) any portion of such cost that is financed the Secretary about the facts, if supported by (i) receive, account for, and disburse funds by Federal funds provided under any provision substantial evidence, shall be conclusive, but under this subtitle based on the State plan re- of law other than section 122; and the court, for good cause shown, may remand quired in section 124; and (2) the amount of any non-Federal funds re- the case involved to the Secretary for further (ii) provide for such fiscal control and fund quired to be expended as a condition of receipt proceedings to take further evidence. On re- accounting procedures as may be necessary to of the Federal funds described in paragraph (1). mand, the Secretary may make new or modified assure the proper disbursement of, and account- (c) NON-FEDERAL SHARE.— findings of fact and may modify the previous ing for, funds paid to the State under this sub- (1) IN-KIND CONTRIBUTIONS.—The non-Federal action of the Secretary, and shall file with the title. share of the cost of any project supported by an court the record of the further proceedings. (D) RECORDS, ACCESS, AND FINANCIAL RE- allotment under this subtitle may be provided in Such new or modified findings of fact shall like- PORTS.—The designated State agency shall keep cash or in kind, fairly evaluated, including wise be conclusive if supported by substantial and provide access to such records as the Sec- plant, equipment, or services. evidence.

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(e) FINALITY.—The judgment of the court af- (4) INCREASE IN ALLOTMENTS.—In any year in (ii) provide information on and referral to pro- firming or setting aside, in whole or in part, any which the total amount appropriated under sec- grams and services addressing the needs of indi- action of the Secretary shall be final, subject to tion 145 for a fiscal year exceeds the total viduals with developmental disabilities; review by the Supreme Court of the United amount appropriated under such section (or a (B) have the authority to investigate incidents States upon certiorari or certification as pro- corresponding provision) for the preceding fiscal of abuse and neglect of individuals with devel- vided in section 1254 of title 28, United States year by a percentage greater than the most re- opmental disabilities if the incidents are re- Code. cent percentage change in the Consumer Price ported to the system or if there is probable cause (f) EFFECT.—The commencement of pro- Index published by the Secretary of Labor under to believe that the incidents occurred; ceedings under this section shall not, unless so section 100(c)(1) of the Rehabilitation Act of (C) on an annual basis, develop, submit to the specifically ordered by a court, operate as a stay 1973 (29 U.S.C. 720(c)(1)) (if the percentage Secretary, and take action with regard to goals of the Secretary’s action. change indicates an increase), the Secretary (each of which is related to 1 or more areas of SEC. 129. AUTHORIZATION OF APPROPRIATIONS. shall increase each of the minimum allotments emphasis) and priorities, developed through (a) FUNDING FOR STATE ALLOTMENTS.—Except described in subparagraphs (A) and (B) of para- data driven strategic planning, for the system’s as described in subsection (b), there are author- graph (2). The Secretary shall increase each activities; ized to be appropriated for allotments under sec- minimum allotment by an amount that bears the (D) on an annual basis, provide to the public, tion 122 $76,000,000 for fiscal year 2000 and such same ratio to the amount of such minimum al- including individuals with developmental dis- sums as may be necessary for each of fiscal lotment (including any increases in such min- abilities attributable to either physical impair- years 2001 through 2006. imum allotment under this paragraph (or a cor- ment, mental impairment, or a combination of (b) RESERVATION FOR TECHNICAL ASSIST- responding provision) for prior fiscal years) as physical and mental impairment, and their rep- ANCE.— the amount that is equal to the difference be- resentatives, and as appropriate, non-State (1) LOWER APPROPRIATION YEARS.—For any tween— agency representatives of the State Councils on fiscal year for which the amount appropriated (A) the total amount appropriated under sec- Developmental Disabilities, and Centers, in the under subsection (a) is less than $76,000,000, the tion 145 for the fiscal year for which the in- State, an opportunity to comment on— Secretary shall reserve funds in accordance with crease in the minimum allotment is being made; (i) the goals and priorities established by the section 163(c) to provide technical assistance to minus system and the rationale for the establishment entities funded under this subtitle. (B) the total amount appropriated under sec- of such goals; and (2) HIGHER APPROPRIATION YEARS.—For any tion 145 (or a corresponding provision) for the (ii) the activities of the system, including the fiscal year for which the amount appropriated immediately preceding fiscal year, coordination of services with the entities car- under subsection (a) is not less than $76,000,000, bears to the total amount appropriated under rying out advocacy programs under the Reha- the Secretary shall reserve not less than $300,000 section 145 (or a corresponding provision) for bilitation Act of 1973 (29 U.S.C. 701 et seq.), the and not more than 1 percent of the amount ap- such preceding fiscal year. Older Americans Act of 1965 (42 U.S.C. 3001 et propriated under subsection (a) to provide tech- (5) MONITORING THE ADMINISTRATION OF THE seq.), and the Protection and Advocacy for nical assistance to entities funded under this SYSTEM.—In a State in which the system is Mentally Ill Individuals Act of 1986 (42 U.S.C. subtitle. housed in a State agency, the State may use not 10801 et seq.), and with entities carrying out Subtitle C—Protection and Advocacy of more than 5 percent of any allotment under this other related programs, including the parent Individual Rights subsection for the costs of monitoring the ad- training and information centers funded under ministration of the system required under sec- the Individuals with Disabilities Education Act SEC. 141. PURPOSE. tion 143(a). (20 U.S.C. 1400 et seq.), and activities authorized The purpose of this subtitle is to provide for (6) TECHNICAL ASSISTANCE AND AMERICAN IN- under section 101 or 102 of the Assistive Tech- allotments to support a protection and advocacy DIAN CONSORTIUM.—In any case in which the nology Act of 1998 (29 U.S.C. 3011, 3012); system (referred to in this subtitle as a ‘‘sys- total amount appropriated under section 145 for (E) establish a grievance procedure for clients tem’’) in each State to protect the legal and a fiscal year is more than $24,500,000, the Sec- or prospective clients of the system to ensure human rights of individuals with developmental retary shall— that individuals with developmental disabilities disabilities in accordance with this subtitle. (A) use not more than 2 percent of the amount have full access to services of the system; SEC. 142. ALLOTMENTS AND PAYMENTS. appropriated to provide technical assistance to (F) not be administered by the State Council (a) ALLOTMENTS.— eligible systems with respect to activities carried on Developmental Disabilities; (1) IN GENERAL.—To assist States in meeting out under this subtitle (consistent with requests (G) be independent of any agency that pro- the requirements of section 143(a), the Secretary by such systems for such assistance for the vides treatment, services, or habilitation to indi- shall allot to the States the amounts appro- year); and viduals with developmental disabilities; priated under section 145 and not reserved (B) provide a grant in accordance with section (H) have access at reasonable times to any in- under paragraph (6). Allotments and reallot- 143(b), and in an amount described in para- dividual with a developmental disability in a lo- ments of such sums shall be made on the same graph (2)(A)(i), to an American Indian consor- cation in which services, supports, and other as- basis as the allotments and reallotments are tium to provide protection and advocacy serv- sistance are provided to such an individual, in made under subsections (a)(1)(A) and (e) of sec- ices. order to carry out the purpose of this subtitle; tion 122, except as provided in paragraph (2). (b) PAYMENT TO SYSTEMS.—Notwithstanding (I) have access to all records of— (2) MINIMUM ALLOTMENTS.—In any case in any other provision of law, the Secretary shall (i) any individual with a developmental dis- which— pay directly to any system in a State that com- ability who is a client of the system if such indi- (A) the total amount appropriated under sec- plies with the provisions of this subtitle the vidual, or the legal guardian, conservator, or tion 145 for a fiscal year is not less than amount of the allotment made for the State other legal representative of such individual, $20,000,000, the allotment under paragraph (1) under this section, unless the system specifies has authorized the system to have such access; for such fiscal year— otherwise. (ii) any individual with a developmental dis- (i) to each of American Samoa, Guam, the (c) UNOBLIGATED FUNDS.—Any amount paid ability, in a situation in which— United States Virgin Islands, and the Common- to a system under this subtitle for a fiscal year (I) the individual, by reason of such individ- wealth of the Northern Mariana Islands may and remaining unobligated at the end of such ual’s mental or physical condition, is unable to not be less than $107,000; and year shall remain available to such system for authorize the system to have such access; (ii) to any State not described in clause (i) the next fiscal year, for the purposes for which (II) the individual does not have a legal may not be less than $200,000; or such amount was paid. guardian, conservator, or other legal representa- (B) the total amount appropriated under sec- SEC. 143. SYSTEM REQUIRED. tive, or the legal guardian of the individual is tion 145 for a fiscal year is less than $20,000,000, (a) SYSTEM REQUIRED.—In order for a State to the State; and the allotment under paragraph (1) for such fis- receive an allotment under subtitle B or this (III) a complaint has been received by the sys- cal year— subtitle— tem about the individual with regard to the sta- (i) to each of American Samoa, Guam, the (1) the State shall have in effect a system to tus or treatment of the individual or, as a result United States Virgin Islands, and the Common- protect and advocate the rights of individuals of monitoring or other activities, there is prob- wealth of the Northern Mariana Islands may with developmental disabilities; able cause to believe that such individual has not be less than $80,000; and (2) such system shall— been subject to abuse or neglect; and (ii) to any State not described in clause (i) (A) have the authority to— (iii) any individual with a developmental dis- may not be less than $150,000. (i) pursue legal, administrative, and other ap- ability, in a situation in which— (3) REDUCTION OF ALLOTMENT.—Notwith- propriate remedies or approaches to ensure the (I) the individual has a legal guardian, con- standing paragraphs (1) and (2), if the aggre- protection of, and advocacy for, the rights of servator, or other legal representative; gate of the amounts to be allotted to the States such individuals within the State who are or (II) a complaint has been received by the sys- pursuant to such paragraphs for any fiscal year who may be eligible for treatment, services, or tem about the individual with regard to the sta- exceeds the total amount appropriated for such habilitation, or who are being considered for a tus or treatment of the individual or, as a result allotments under section 145 for such fiscal year, change in living arrangements, with particular of monitoring or other activities, there is prob- the amount to be allotted to each State for such attention to members of ethnic and racial minor- able cause to believe that such individual has fiscal year shall be proportionately reduced. ity groups; and been subject to abuse or neglect;

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(III) such representative has been contacted other systems serving the same geographic area. (3) LIMITATION.—The system shall use assist- by such system, upon receipt of the name and The tribal council that designates the consor- ance provided under this subtitle in a manner address of such representative; tium shall carry out the responsibilities and ex- consistent with section 5 of the Assisted Suicide (IV) such system has offered assistance to ercise the authorities specified for a State in this Funding Restriction Act of 1997 (42 U.S.C. such representative to resolve the situation; and subtitle, with regard to the consortium. 14404). (V) such representative has failed or refused (c) RECORD.—In this section, the term (c) DISCLOSURE OF INFORMATION.—For pur- to act on behalf of the individual; ‘‘record’’ includes— poses of any periodic audit, report, or evalua- (J)(i) have access to the records of individuals (1) a report prepared or received by any staff tion required under this subtitle, the Secretary described in subparagraphs (B) and (I), and at any location at which services, supports, or shall not require an entity carrying out a pro- other records that are relevant to conducting an other assistance is provided to individuals with gram to disclose the identity of, or any other investigation, under the circumstances described developmental disabilities; personally identifiable information related to, in those subparagraphs, not later than 3 busi- (2) a report prepared by an agency or staff any individual requesting assistance under such ness days after the system makes a written re- person charged with investigating reports of in- program. quest for the records involved; and cidents of abuse or neglect, injury, or death oc- (d) PUBLIC NOTICE OF FEDERAL ONSITE RE- (ii) have immediate access, not later than 24 curring at such location, that describes such in- VIEW.—The Secretary shall provide advance hours after the system makes such a request, to cidents and the steps taken to investigate such public notice of any Federal programmatic or the records without consent from another party, incidents; and administrative onsite review of a system con- in a situation in which services, supports, and (3) a discharge planning record. ducted under this subtitle and solicit public other assistance are provided to an individual SEC. 144. ADMINISTRATION. comment on the system through such notice. with a developmental disability— (a) GOVERNING BOARD.—In a State in which The Secretary shall prepare an onsite visit re- (I) if the system determines there is probable the system described in section 143 is organized port containing the results of such review, cause to believe that the health or safety of the as a private nonprofit entity with a multi- which shall be distributed to the Governor of the individual is in serious and immediate jeopardy; member governing board, or a public system State and to other interested public and private or with a multimember governing board, such gov- parties. The comments received in response to (II) in any case of death of an individual with erning board shall be selected according to the the public comment solicitation notice shall be a developmental disability; policies and procedures of the system, except included in the onsite visit report. (K) hire and maintain sufficient numbers and that— (e) REPORTS.—Beginning in fiscal year 2001, types of staff (qualified by training and experi- (1)(A) the governing board shall be composed each system established in a State pursuant to ence) to carry out such system’s functions, ex- of members who broadly represent or are knowl- this subtitle shall annually prepare and trans- cept that the State involved shall not apply hir- edgeable about the needs of the individuals mit to the Secretary a report that describes the ing freezes, reductions in force, prohibitions on served by the system; activities, accomplishments, and expenditures of travel, or other policies to the staff of the sys- (B) a majority of the members of the board the system during the preceding fiscal year, in- tem, to the extent that such policies would im- shall be— cluding a description of the system’s goals, the pact the staff or functions of the system funded (i) individuals with disabilities, including in- extent to which the goals were achieved, bar- with Federal funds or would prevent the system dividuals with developmental disabilities, who riers to their achievement, the process used to from carrying out the functions of the system are eligible for services, or have received or are obtain public input, the nature of such input, under this subtitle; receiving services through the system; or and how such input was used. (L) have the authority to educate policy- (ii) parents, family members, guardians, advo- SEC. 145. AUTHORIZATION OF APPROPRIATIONS. makers; and cates, or authorized representatives of individ- For allotments under section 142, there are (M) provide assurances to the Secretary that uals referred to in clause (i); and authorized to be appropriated $32,000,000 for fis- (C) the board may include a representative of funds allotted to the State under section 142 will cal year 2000 and such sums as may be nec- the State Council on Developmental Disabilities, be used to supplement, and not supplant, the essary for each of fiscal years 2001 through 2006. the Centers in the State, and the self-advocacy non-Federal funds that would otherwise be Subtitle D—National Network of University organization described in section made available for the purposes for which the Centers for Excellence in Developmental 124(c)(4)(A)(ii)(I); allotted funds are provided; Disabilities Education, Research, and Serv- (2) not more than 1⁄3 of the members of the (3) to the extent that information is available, ice governing board may be appointed by the chief the State shall provide to the system— executive officer of the State involved, in the SEC. 151. GRANT AUTHORITY. (A) a copy of each independent review, pursu- case of any State in which such officer has the (a) NATIONAL NETWORK.—From appropria- ant to section 1902(a)(30)(C) of the Social Secu- authority to appoint members of the board; tions authorized under section 156(a)(1), the rity Act (42 U.S.C. 1396a(a)(30)(C)), of an Inter- (3) the membership of the governing board Secretary shall make 5-year grants to entities in mediate Care Facility (Mental Retardation) shall be subject to term limits set by the system each State designated as University Centers for within the State, not later than 30 days after to ensure rotating membership; Excellence in Developmental Disabilities Edu- the availability of such a review; and (4) any vacancy in the board shall be filled cation, Research, and Service to carry out ac- (B) information about the adequacy of health not later than 60 days after the date on which tivities described in section 153(a). care and other services, supports, and assistance the vacancy occurs; and (b) NATIONAL TRAINING INITIATIVES.—From that individuals with developmental disabilities (5) in a State in which the system is organized appropriations authorized under section who are served through home and community- as a public system without a multimember gov- 156(a)(1) and reserved under section 156(a)(2), based waivers (authorized under section 1915(c) erning or advisory board, the system shall estab- the Secretary shall make grants to Centers to of the Social Security Act (42 U.S.C. 1396n(c))) lish an advisory council— carry out activities described in section 153(b). receive; and (A) that shall advise the system on policies (c) TECHNICAL ASSISTANCE.—From appropria- (4) the agency implementing the system shall and priorities to be carried out in protecting and tions authorized under section 156(a)(1) and re- not be redesignated unless— advocating the rights of individuals with devel- served under section 156(a)(3) (or from funds re- (A) there is good cause for the redesignation; opmental disabilities; and served under section 163, as appropriate), the (B) the State has given the agency notice of (B) on which a majority of the members shall Secretary shall enter into 1 or more cooperative the intention to make such redesignation, in- be— agreements or contracts for the purpose of pro- cluding notice regarding the good cause for such (i) individuals with developmental disabilities viding technical assistance described in section redesignation, and given the agency an oppor- who are eligible for services, or have received or 153(c). tunity to respond to the assertion that good are receiving services, through the system; or SEC. 152. GRANT AWARDS. cause has been shown; (ii) parents, family members, guardians, advo- (a) EXISTING CENTERS.— (C) the State has given timely notice and an cates, or authorized representatives of individ- (1) IN GENERAL.—In awarding and distrib- opportunity for public comment in an accessible uals referred to in clause (i). uting grant funds under section 151(a) for a fis- format to individuals with developmental dis- (b) LEGAL ACTION.— cal year, the Secretary, subject to the avail- abilities or their representatives; and (1) IN GENERAL.—Nothing in this title shall ability of appropriations and the condition spec- (D) the system has an opportunity to appeal preclude a system from bringing a suit on behalf ified in subsection (d), shall award and dis- the redesignation to the Secretary, on the basis of individuals with developmental disabilities tribute grant funds in equal amounts of $500,000 that the redesignation was not for good cause. against a State, or an agency or instrumentality (adjusted in accordance with subsection (b)), to (b) AMERICAN INDIAN CONSORTIUM.—Upon ap- of a State. each Center that existed during the preceding plication to the Secretary, an American Indian (2) USE OF AMOUNTS FROM JUDGMENT.—An fiscal year and that meets the requirements of consortium established to provide protection and amount received pursuant to a suit described in this subtitle, prior to making grants under sub- advocacy services under this subtitle, shall re- paragraph (1) through a court judgment may section (c) or (d). ceive funding pursuant to section 142(a)(6) to only be used by the system to further the pur- (2) REDUCTION OF AWARD.—Notwithstanding provide the services. Such consortium shall be pose of this subtitle and shall not be used to paragraph (1), if the aggregate of the funds to considered to be a system for purposes of this augment payments to legal contractors or to be awarded to the Centers pursuant to para- subtitle and shall coordinate the services with award personal bonuses. graph (1) for any fiscal year exceeds the total

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00096 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29041 amount appropriated under section 156 for such sionals, policymakers, students, and other mem- ty shall submit to the Secretary, and obtain ap- fiscal year, the amount to be awarded to each bers of the community; and proval of, an application at such time, in such Center for such fiscal year shall be proportion- (ii) that may provide services, supports, and manner, and containing such information, as ately reduced. assistance for the persons described in clause (i) the Secretary may require. (b) ADJUSTMENTS.—Subject to the availability through demonstration and model activities. (2) APPLICATION CONTENTS.—Each application of appropriations, for any fiscal year following (C) Conduct of research, which may include described in paragraph (1) shall describe a 5- a year in which each Center described in sub- basic or applied research, evaluation, and the year plan, including a projected goal related to section (a) received a grant award of not less analysis of public policy in areas that affect or 1 or more areas of emphasis for each of the core than $500,000 under subsection (a) (adjusted in could affect, either positively or negatively, in- functions described in section 153(a). accordance with this subsection), the Secretary dividuals with developmental disabilities and (3) ASSURANCES.—The application shall be ap- shall adjust the awards to take into account the their families. proved by the Secretary only if the application most recent percentage change in the Consumer (D) Dissemination of information related to contains or is supported by reasonable assur- Price Index published by the Secretary of Labor activities undertaken to address the purpose of ances that the entity designated as the Center under section 100(c)(1) of the Rehabilitation Act this title, especially dissemination of informa- will— of 1973 (29 U.S.C. 720(c)(1)) (if the percentage tion that demonstrates that the network author- (A) meet regulatory standards as established change indicates an increase), prior to making ized under this subtitle is a national and inter- by the Secretary for Centers; grants under subsection (c) or (d). national resource that includes specific sub- (B) address the projected goals, and carry out (c) NATIONAL TRAINING INITIATIVES ON CRIT- stantive areas of expertise that may be accessed goal-related activities, based on data driven ICAL AND EMERGING NEEDS.—Subject to the and applied in diverse settings and cir- strategic planning and in a manner consistent availability of appropriations, for any fiscal cumstances. with the objectives of this subtitle, that— year in which each Center described in sub- (b) NATIONAL TRAINING INITIATIVES ON CRIT- (i) are developed in collaboration with the section (a) receives a grant award of not less ICAL AND EMERGING NEEDS.— consumer advisory committee established pursu- than $500,000, under subsection (a) (adjusted in (1) SUPPLEMENTAL GRANTS.—After consulta- ant to subparagraph (E); accordance with subsection (b)), after making tion with relevant, informed sources, including (ii) are consistent with, and to the extent fea- the grant awards, the Secretary shall make individuals with developmental disabilities and sible complement and further, the Council goals grants under section 151(b) to Centers to pay for their families, the Secretary shall award, under contained in the State plan submitted under sec- the Federal share of the cost of training initia- section 151(b), supplemental grants to Centers to tion 124 and the system goals established under tives related to the unmet needs of individuals pay for the Federal share of the cost of training section 143; and with developmental disabilities and their fami- initiatives related to the unmet needs of individ- (iii) will be reviewed and revised annually as lies, as described in section 153(b). uals with developmental disabilities and their necessary to address emerging trends and needs; (d) ADDITIONAL GRANTS.—For any fiscal year families. The Secretary shall make the grants on (C) use the funds made available through the in which each Center described in subsection (a) a competitive basis, and for periods of not more grant to supplement, and not supplant, the receives a grant award of not less than $500,000 than 5 years. funds that would otherwise be made available (2) ESTABLISHMENT OF CONSULTATION PROCESS under subsection (a) (adjusted in accordance for activities described in section 153(a); BY THE SECRETARY.—Not later than 1 year after with subsection (b)), after making the grant (D) protect, consistent with the policy speci- the date of enactment of this Act, the Secretary awards, the Secretary may make grants under fied in section 101(c) (relating to rights of indi- shall establish a consultation process that, on section 151(a) for activities described in section viduals with developmental disabilities), the an ongoing basis, allows the Secretary to iden- 153(a) to additional Centers, or additional legal and human rights of all individuals with tify and address, through supplemental grants grants to Centers, for States or populations that developmental disabilities (especially those indi- authorized under paragraph (1), training initia- are unserved or underserved by Centers due to viduals under State guardianship) who are in- tives related to the unmet needs of individuals such factors as— volved in activities carried out under programs (1) population; with developmental disabilities and their fami- assisted under this subtitle; (2) a high concentration of rural or urban lies. (E) establish a consumer advisory committee— (c) TECHNICAL ASSISTANCE.—In order to areas; or (i) of which a majority of the members shall be strengthen and support the national network of (3) a high concentration of unserved or under- individuals with developmental disabilities and Centers, the Secretary may enter into 1 or more served populations. family members of such individuals; cooperative agreements or contracts to— (ii) that is comprised of— SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. (1) assist in national and international dis- (I) individuals with developmental disabilities (a) NATIONAL NETWORK OF UNIVERSITY CEN- semination of specific information from multiple and related disabilities; TERS FOR EXCELLENCE IN DEVELOPMENTAL DIS- Centers and, in appropriate cases, other entities (II) family members of individuals with devel- ABILITIES EDUCATION, RESEARCH, AND SERV- whose work affects the lives of individuals with opmental disabilities; ICE.— developmental disabilities; (III) a representative of the State protection (1) IN GENERAL.—In order to provide leader- (2) compile, analyze, and disseminate state-of- and advocacy system; ship in, advise Federal, State, and community the-art training, research, and demonstration (IV) a representative of the State Council on policymakers about, and promote opportunities results policies, and practices from multiple Cen- Developmental Disabilities; for individuals with developmental disabilities ters and, in appropriate cases, other entities (V) a representative of a self-advocacy organi- to exercise self-determination, be independent, whose work affects the lives of persons with de- zation described in section 124(c)(4)(A)(ii)(I); be productive, and be integrated and included velopmental disabilities; and in all facets of community life, the Secretary (3) convene experts from multiple Centers to (VI) representatives of organizations that may shall award grants to eligible entities designated discuss and make recommendations with regard include parent training and information centers as Centers in each State to pay for the Federal to national emerging needs of individuals with assisted under section 682 or 683 of the Individ- share of the cost of the administration and oper- developmental disabilities; uals with Disabilities Education Act (20 U.S.C. ation of the Centers. The Centers shall be inter- (4)(A) develop portals that link users with 1482, 1483), entities carrying out activities au- disciplinary education, research, and public every Center’s website; and thorized under section 101 or 102 of the Assistive service units of universities (as defined by the (B) facilitate electronic information sharing Technology Act of 1998 (29 U.S.C. 3011, 3012), Secretary) or public or not-for-profit entities as- using state-of-the-art Internet technologies such relevant State agencies, and other community sociated with universities that engage in core as real-time online discussions, multipoint video groups concerned with the welfare of individ- functions, described in paragraph (2), address- conferencing, and web-based audio/video broad- uals with developmental disabilities and their ing, directly or indirectly, 1 or more of the areas casts, on emerging topics that impact individ- families; of emphasis. uals with disabilities and their families; (iii) that reflects the racial and ethnic diver- (2) CORE FUNCTIONS.—The core functions re- (5) serve as a research-based resource for Fed- sity of the State; and ferred to in paragraph (1) shall include the fol- eral and State policymakers on information con- (iv) that shall— lowing: cerning and issues impacting individuals with (I) consult with the Director of the Center re- (A) Provision of interdisciplinary pre-service developmental disabilities and entities that as- garding the development of the 5-year plan, and preparation and continuing education of stu- sist or serve those individuals; or shall participate in an annual review of, and dents and fellows, which may include the prepa- (6) undertake any other functions that the comment on, the progress of the Center in meet- ration and continuing education of leadership, Secretary determines to be appropriate; ing the projected goals contained in the plan, direct service, clinical, or other personnel to to promote the viability and use of the resources and shall make recommendations to the Director strengthen and increase the capacity of States and expertise of the Centers nationally and of the Center regarding any proposed revisions and communities to achieve the purpose of this internationally. of the plan that might be necessary; and title. SEC. 154. APPLICATIONS. (II) meet as often as necessary to carry out (B) Provision of community services— (a) APPLICATIONS FOR CORE CENTER the role of the committee, but at a minimum (i) that provide training or technical assist- GRANTS.— twice during each grant year; ance for individuals with developmental disabil- (1) IN GENERAL.—To be eligible to receive a (F) to the extent possible, utilize the infra- ities, their families, professionals, paraprofes- grant under section 151(a) for a Center, an enti- structure and resources obtained through funds

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00097 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 29042 CONGRESSIONAL RECORD—SENATE November 8, 1999 made available under the grant to leverage ad- private entity shall, subject to such limitations Subtitle E—Projects of National Significance ditional public and private funds to successfully and conditions as the Secretary may by regula- SEC. 161. PURPOSE. achieve the projected goals developed in the 5- tion prescribe under section 104(b), be consid- The purpose of this subtitle is to provide year plan; ered to be expenditures made by a Center under grants, contracts, or cooperative agreements for (G)(i) have a director with appropriate aca- this subtitle. projects of national significance that— demic credentials, demonstrated leadership, ex- (e) ANNUAL REPORT.—Each Center shall an- (1) create opportunities for individuals with pertise regarding developmental disabilities, sig- nually prepare and transmit to the Secretary a developmental disabilities to directly and fully nificant experience in managing grants and report containing— contribute to, and participate in, all facets of contracts, and the ability to leverage public and (1) information on progress made in achieving community life; and private funds; and the projected goals of the Center for the pre- (2) support the development of national and (ii) allocate adequate staff time to carry out vious year, including— State policies that reinforce and promote, with activities related to each of the core functions (A) the extent to which the goals were the support of families, guardians, advocates, described in section 153(a); and achieved; and communities, of individuals with develop- (H) educate, and disseminate information re- (B) a description of the strategies that con- mental disabilities, the self-determination, inde- lated to the purpose of this title to, the legisla- tributed to achieving the goals; pendence, productivity, and integration and in- ture of the State in which the Center is located, (C) to the extent to which the goals were not clusion in all facets of community life of such and to Members of Congress from such State. achieved, a description of factors that impeded individuals through— (b) SUPPLEMENTAL GRANT APPLICATIONS PER- the achievement; and (A) family support activities; TAINING TO NATIONAL TRAINING INITIATIVES IN (D) an accounting of the manner in which (B) data collection and analysis; CRITICAL AND EMERGING NEEDS.—To be eligible funds paid to the Center under this subtitle for (C) technical assistance to entities funded to receive a supplemental grant under section a fiscal year were expended; under subtitles B and D, subject to the limita- 151(b), a Center may submit a supplemental ap- (2) information on proposed revisions to the tions described in sections 129(b), 156(a)(3), and plication to the Secretary at such time, in such 163(c); and manner, and containing such information as the goals; and (3) a description of successful efforts to lever- (D) other projects of sufficient size and scope Secretary may require, pursuant to the terms that hold promise to expand or improve opportu- and conditions set by the Secretary consistent age funds, other than funds made available under this subtitle, to pursue goals consistent nities for such individuals, including— with section 153(b). (i) projects that provide technical assistance with this subtitle. (c) PEER REVIEW.— for the development of information and referral (1) IN GENERAL.—The Secretary shall require SEC. 155. DEFINITION. systems; that all applications submitted under this sub- In this subtitle, the term ‘‘State’’ means each (ii) projects that provide technical assistance title be subject to technical and qualitative re- of the several States of the United States, the to self-advocacy organizations of individuals view by peer review groups established under District of Columbia, the Commonwealth of with developmental disabilities; paragraph (2). The Secretary may approve an Puerto Rico, the United States Virgin Islands, (iii) projects that provide education for policy- application under this subtitle only if such ap- and Guam. makers; plication has been recommended by a peer re- SEC. 156. AUTHORIZATION OF APPROPRIATIONS. (iv) Federal interagency initiatives; view group that has conducted the peer review (a) AUTHORIZATION AND RESERVATIONS.— (v) projects that enhance the participation of required under this paragraph. In conducting racial and ethnic minorities in public and pri- (1) AUTHORIZATION.—There are authorized to the review, the group may conduct onsite visits vate sector initiatives in developmental disabil- or inspections of related activities as necessary. be appropriated to carry out this subtitle (other than section 153(c)(4)) $30,000,000 for fiscal year ities; (2) ESTABLISHMENT OF PEER REVIEW GROUPS.— (vi) projects that provide aid to transition 2000 and such sums as may be necessary for (A) IN GENERAL.—The Secretary, acting youth with developmental disabilities from each of fiscal years 2001 through 2006. through the Commissioner of the Administration school to adult life, especially in finding em- (2) RESERVATION FOR TRAINING INITIATIVES.— on Developmental Disabilities, may, notwith- ployment and postsecondary education opportu- From any amount appropriated for a fiscal year standing— nities and in upgrading and changing any as- under paragraph (1) and remaining after each (i) the provisions of title 5, United States sistive technology devices that may be needed as Center described in section 152(a) has received a Code, concerning appointments to the competi- a youth matures; grant award of not less than $500,000, as de- tive service; and (vii) initiatives that address the development scribed in section 152, the Secretary shall reserve (ii) the provisions of chapter 51, and sub- of community quality assurance systems and the funds for the training initiatives authorized chapter III of chapter 53 of title 5, United States training related to the development, implemen- under section 153(b). Code, concerning classification and General tation, and evaluation of such systems, includ- Schedule pay rates; (3) RESERVATION FOR TECHNICAL ASSISTANCE.— ing training of individuals with developmental establish such peer review groups and appoint (A) YEARS BEFORE APPROPRIATION TRIGGER.— disabilities and their families; and set the rates of pay of members of such For any covered year, the Secretary shall re- (viii) initiatives that address the needs of groups. serve funds in accordance with section 163(c) to aging individuals with developmental disabil- (B) COMPOSITION.—Each peer review group fund technical assistance activities under sec- ities and aging caregivers of adults with devel- shall include such individuals with disabilities tion 153(c) (other than section 153(c)(4)). opmental disabilities in the community; and parents, guardians, or advocates of or for (B) YEARS AFTER APPROPRIATION TRIGGER.— (ix) initiatives that create greater access to individuals with developmental disabilities, as For any fiscal year that is not a covered year, and use of generic services systems, community are necessary to carry out this subsection. the Secretary shall reserve not less than $300,000 organizations, and associations, and initiatives (3) WAIVERS OF APPROVAL.—The Secretary and not more than 2 percent of the amount ap- that assist in community economic development; may waive the provisions of paragraph (1) with propriated under paragraph (1) to fund tech- (x) initiatives that create access to increased respect to review and approval of an application nical assistance activities under section 153(c) living options; if the Secretary determines that exceptional cir- (other than section 153(c)(4)). (xi) initiatives that address the challenging cumstances warrant such a waiver. (C) COVERED YEAR.—In this paragraph, the behaviors of individuals with developmental dis- (d) FEDERAL SHARE.— term ‘‘covered year’’ means a fiscal year prior to abilities, including initiatives that promote posi- (1) IN GENERAL.—The Federal share of the cost the first fiscal year for which the amount appro- tive alternatives to the use of restraints and se- of administration or operation of a Center, or priated under paragraph (1) is not less than clusion; and the cost of carrying out a training initiative, $20,000,000. (xii) initiatives that address other areas of supported by a grant made under this subtitle (b) LIMITATION.—The Secretary may not use, emerging need. may not be more than 75 percent of the nec- for peer review or other activities directly re- SEC. 162. GRANT AUTHORITY. essary cost of such project, as determined by the lated to peer review conducted under this sub- (a) IN GENERAL.—The Secretary shall award Secretary. title— grants, contracts, or cooperative agreements to (2) URBAN OR RURAL POVERTY AREAS.—In the (1) for fiscal year 2000, more than $300,000 of public or private nonprofit entities for projects case of a project whose activities or products the funds made available under subsection (a); of national significance relating to individuals target individuals with developmental disabil- and with developmental disabilities to carry out ac- ities who live in an urban or rural poverty area, (2) for any succeeding fiscal year, more than tivities described in section 161(2). as determined by the Secretary, the Federal the amount of funds used for the peer review (b) FEDERAL INTERAGENCY INITIATIVES.— share of the cost of the project may not be more and related activities in fiscal year 2000, ad- (1) IN GENERAL.— than 90 percent of the necessary costs of the justed to take into account the most recent per- (A) AUTHORITY.—The Secretary may— project, as determined by the Secretary. centage change in the Consumer Price Index (i) enter into agreements with Federal agen- (3) GRANT EXPENDITURES.—For the purpose of published by the Secretary of Labor under sec- cies to jointly carry out activities described in determining the Federal share with respect to tion 100(c)(1) of the Rehabilitation Act of 1973 section 161(2) or to jointly carry out activities of the project, expenditures on that project by a (29 U.S.C. 720(c)(1)) (if the percentage change common interest related to the objectives of such political subdivision of a State or by a public or indicates an increase). section; and

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(ii) transfer to such agencies for such pur- reserved under subsection (c), the Secretary (c) POLICY.—It is the policy of the United poses funds appropriated under this subtitle, shall reserve $100,000 from the amount appro- States that all programs, projects, and activities and receive and use funds from such agencies priated under subsection (a) for each fiscal year funded under this title shall be family-centered for such purposes. to carry out section 153(c)(4). and family-directed, and shall be provided in a (B) RELATION TO PROGRAM PURPOSES.—Funds (e) LIMITATION.—For any fiscal year for manner consistent with the goal of providing transferred or received pursuant to this para- which the amount appropriated under sub- families of children with disabilities with the graph shall be used only in accordance with section (a) is not less than $10,000,000, not more support the families need to raise their children statutes authorizing the appropriation of such than 50 percent of such amount shall be used for at home. funds. Such funds shall be made available activities carried out under section 161(2)(A). SEC. 203. DEFINITIONS AND SPECIAL RULE. through grants, contracts, or cooperative agree- TITLE II—FAMILY SUPPORT (a) DEFINITIONS.—In this title: ments only to recipients eligible to receive such SEC. 201. SHORT TITLE. (1) CHILD WITH A DISABILITY.—The term funds under such statutes. This title may be cited as the ‘‘Families of ‘‘child with a disability’’ means an individual (C) PROCEDURES AND CRITERIA.—If the Sec- Children With Disabilities Support Act of 1999’’. who— retary enters into an agreement under this sub- SEC. 202. FINDINGS, PURPOSES, AND POLICY. (A) has a significant physical or mental im- section for the administration of a jointly fund- (a) FINDINGS.—Congress makes the following pairment, as defined pursuant to State policy to ed project— findings: the extent that such policy is established with- (i) the agreement shall specify which agency’s (1) It is in the best interest of our Nation to out regard to type of disability; or procedures shall be used to award grants, con- preserve, strengthen, and maintain the family. (B) is an infant or a young child from birth tracts, or cooperative agreements and to admin- (2) Families of children with disabilities pro- through age 8 and has a substantial develop- ister such awards; vide support, care, and training to their chil- mental delay or specific congenital or acquired (ii) the participating agencies may develop a dren that can save States millions of dollars. condition that presents a high probability of re- single set of criteria for the jointly funded Without the efforts of family caregivers, many sulting in a disability if services are not pro- project, and may require applicants to submit a persons with disabilities would receive care vided to the infant or child. single application for joint review by such agen- through State-supported out-of-home place- (2) FAMILY.— cies; and ments. (A) IN GENERAL.—Subject to subparagraph (iii) unless the heads of the participating (3) Most families of children with disabilities, (B), for purposes of the application of this title agencies develop joint eligibility requirements, especially families in unserved and underserved in a State, the term ‘‘family’’ has the meaning an applicant for an award for the project shall populations, do not have access to family-cen- given the term by the State. meet the eligibility requirements of each pro- tered and family-directed services to support (B) EXCLUSION OF EMPLOYEES.—The term does gram involved. such families in their efforts to care for such not include an employee who, acting in a paid (2) LIMITATION.—The Secretary may not con- children at home. employment capacity, provides services to a strue the provisions of this subsection to take (4) Medical advances and improved health child with a disability in an out-of-home setting precedence over a limitation on joint funding care have increased the life span of many people such as a hospital, nursing home, personal care contained in an applicable statute. with disabilities, and the combination of the home, board and care home, group home, or SEC. 163. AUTHORIZATION OF APPROPRIATIONS. longer life spans and the aging of family care- other facility. (3) FAMILY SUPPORT FOR FAMILIES OF CHIL- (a) IN GENERAL.—There are authorized to be givers places a continually increasing demand DREN WITH DISABILITIES.—The term ‘‘family sup- appropriated to carry out the projects specified on the finite service delivery systems of the port for families of children with disabilities’’ in this section $16,000,000 for fiscal year 2000, States. means supports, resources, services, and other and such sums as may be necessary for each of (5) In 1996, 49 States provided family support assistance provided to families of children with fiscal years 2001 through 2006. initiatives in response to the needs of families of disabilities pursuant to State policy that are de- (b) USE OF FUNDS.— children with disabilities. Such initiatives in- signed to— (1) GRANTS, CONTRACTS, AND AGREEMENTS.— cluded the provision of cash subsidies, respite (A) support families in the efforts of such fam- Except as provided in paragraph (2), the care, and other forms of support. There is a ilies to raise their children with disabilities in amount appropriated under subsection (a) for need in each State, however, to strengthen, ex- the home; each fiscal year shall be used to award grants, pand, and coordinate the activities of a system (B) strengthen the role of the family as pri- or enter into contracts, cooperative agreements, of family support services for families of chil- mary caregiver for such children; or other agreements, under section 162. dren with disabilities that is easily accessible, avoids duplication, uses resources efficiently, (C) prevent involuntary out-of-the-home (2) ADMINISTRATIVE COSTS.—Not more than 1 placement of such children and maintain family percent of the amount appropriated under sub- and prevents gaps in services to families in all areas of the State. unity; and section (a) for each fiscal year may be used to (D) reunite families with children with dis- provide for the administrative costs (other than (6) The goals of the Nation properly include the goal of providing to families of children with abilities who have been placed out of the home, compensation of Federal employees) of the Ad- whenever possible. ministration on Developmental Disabilities for disabilities the family support services necessary— (4) SECRETARY.—The term ‘‘Secretary’’ means administering this subtitle and subtitles B, C, the Secretary of Health and Human Services. and D, including monitoring the performance of (A) to support the family; (B) to enable families of children with disabil- (5) STATE.—The term ‘‘State’’ means each of and providing technical assistance to, entities ities to nurture and enjoy their children at the 50 States of the United States, the District of that receive funds under this title. home; Columbia, the Commonwealth of Puerto Rico, (c) TECHNICAL ASSISTANCE FOR COUNCILS AND (C) to enable families of children with disabil- the United States Virgin Islands, Guam, Amer- CENTERS.— ities to make informed choices and decisions re- ican Samoa, and the Commonwealth of the (1) IN GENERAL.—For each covered year, the garding the nature of supports, resources, serv- Northern Mariana Islands. Secretary shall expend, to provide technical as- ices, and other assistance made available to (6) SYSTEMS CHANGE ACTIVITIES.—The term sistance for entities funded under subtitle B or such families; and ‘‘systems change activities’’ means efforts that D, an amount from funds appropriated under (D) to support family caregivers of adults with result in laws, regulations, policies, practices, or subsection (a) that is not less than the amount disabilities. organizational structures— the Secretary expended on technical assistance (b) PURPOSES.—The purposes of this title (A) that are family-centered and family-di- for entities funded under that subtitle (or a cor- are— rected; responding provision) in the previous fiscal (1) to promote and strengthen the implementa- (B) that facilitate and increase access to, pro- year. tion of comprehensive State systems of family vision of, and funding for, family support serv- (2) COVERED YEAR.—In this subsection, the support services, for families with children with ices for families of children with disabilities; and term ‘‘covered year’’ means— disabilities, that are family-centered and family- (C) that otherwise accomplish the purposes of (A) in the case of an expenditure for entities directed, and that provide families with the this title. funded under subtitle B, a fiscal year for which greatest possible decisionmaking authority and (b) SPECIAL RULE.—References in this title to the amount appropriated under section 129(a) is control regarding the nature and use of services a child with a disability shall be considered to less than $76,000,000; and and support; include references to an individual who is not (B) in the case of an expenditure for entities (2) to promote leadership by families in plan- younger than age 18 who— funded under subtitle D, a fiscal year prior to ning, policy development, implementation, and (1) has a significant impairment described in the first fiscal year for which the amount appro- evaluation of family support services for families subsection (a)(1)(A); and priated under section 156(a)(1) is not less than of children with disabilities; (2) is residing with and receiving assistance $20,000,000. (3) to promote and develop interagency coordi- from a family member. (3) REFERENCES.—References in this sub- nation and collaboration between agencies re- SEC. 204. GRANTS TO STATES. section to subtitle D shall not be considered to sponsible for providing the services; and (a) IN GENERAL.—The Secretary shall make include section 153(c)(4). (4) to increase the availability of, funding for, grants to States on a competitive basis, in ac- (d) TECHNICAL ASSISTANCE ON ELECTRONIC IN- access to, and provision of family support serv- cordance with the provisions of this title, to sup- FORMATION SHARING.—In addition to any funds ices for families of children with disabilities. port systems change activities designed to assist

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In particular, services for families of children with disabilities activities carried out under a grant made under the Secretary shall assess the impact of such ef- that accomplishes the purposes of this title. this title; and forts on families of children with disabilities, (b) AWARD PERIOD AND GRANT LIMITATION.— (6) submitting the report described in section and recommend amendments to this title that No grant shall be awarded under this section for 208 on behalf of the State. are necessary to assist States to accomplish fully a period of more than 3 years. No State shall be (b) QUALIFICATIONS.—In designating the lead the purposes of this title. eligible for more than 1 grant under this section. entity, the Chief Executive Officer may des- (2) INFORMATION SYSTEMS.—The Secretary (c) AMOUNT OF GRANTS.— ignate— shall work with the States to develop an infor- (1) GRANTS TO STATES.— (1) an office of the Chief Executive Officer; mation system designed to compile and report, (A) FEDERAL MATCHING SHARE.—From (2) a commission appointed by the Chief Exec- from information provided by the States, quali- amounts appropriated under section 212(a), the utive Officer; tative and quantitative descriptions of the im- Secretary shall pay to each State that has an (3) a public agency; pact of the program of grants to States author- application approved under section 205, for each (4) a council established under Federal or ized by this title on— year of the grant period, an amount that is— State law; or (A) families of children with disabilities, in- (i) equal to not more than 75 percent of the (5) another appropriate office, agency, or enti- cluding families from unserved and underserved cost of the systems change activities to be car- ty. populations; ried out by the State; and SEC. 207. AUTHORIZED ACTIVITIES. (B) access to and funding for family support (ii) not less than $100,000 and not more than (a) IN GENERAL.—A State that receives a grant services for families of children with disabilities; $500,000. under section 204 shall use the funds made (C) interagency coordination and collabora- (B) NON-FEDERAL SHARE.—The non-Federal available through the grant to carry out systems tion between agencies responsible for providing share of the cost of the systems change activities change activities that accomplish the purposes the services; and may be in cash or in kind, fairly evaluated, in- of this title. (D) the involvement of families of children cluding plant, equipment, or services. (b) SPECIAL RULE.—In carrying out activities with disabilities at all levels of the statewide (2) CALCULATION OF AMOUNTS.—The Secretary authorized under this title, a State shall ensure systems. shall calculate a grant amount described in 1 that such activities address the needs of families (c) REPORT TO CONGRESS.—Not later than 2 ⁄2 paragraph (1) on the basis of— of children with disabilities from unserved or years after the date of enactment of this Act, (A) the amounts available for making grants underserved populations. the Secretary shall prepare and submit to the under this section; and SEC. 208. REPORTING. appropriate committees of Congress a report (B) the child population of the State con- concerning the results of the evaluation con- A State that receives a grant under this title cerned. ducted under this section. (d) PRIORITY FOR PREVIOUSLY PARTICIPATING shall prepare and submit to the Secretary, at the end of the grant period, a report containing the SEC. 211. PROJECTS OF NATIONAL SIGNIFI- STATES.—For the second and third fiscal years CANCE. for which amounts are appropriated to carry results of State efforts to develop and implement, or expand and enhance, a statewide sys- (a) STUDY BY THE SECRETARY.—The Secretary out this section, the Secretary, in providing pay- shall review Federal programs to determine the ments under this section, shall give priority to tem of family support services for families of children with disabilities. extent to which such programs facilitate or im- States that received payments under this section pede access to, provision of, and funding for SEC. 209. TECHNICAL ASSISTANCE. during the preceding fiscal year. family support services for families of children (e) PRIORITIES FOR DISTRIBUTION.—To the ex- (a) IN GENERAL.—The Secretary shall enter with disabilities, consistent with the policies de- tent practicable, the Secretary shall award into contracts or cooperative agreements with scribed in section 202. grants to States under this section in a manner appropriate public or private agencies and orga- (b) PROJECTS OF NATIONAL SIGNIFICANCE.— that— nizations, including institutions of higher edu- The Secretary shall make grants or enter into (1) is geographically equitable; cation, with documented experience, expertise, contracts for projects of national significance to (2) distributes the grants among States that and capacity, for the purpose of providing tech- support the development of national and State have differing levels of development of statewide nical assistance and information with respect to policies and practices related to the development systems of family support services for families of the development and implementation, or expan- and implementation, or expansion and enhance- children with disabilities; and sion and enhancement, of a statewide system of ment, of family-centered and family-directed (3) distributes the grants among States that family support services for families of children systems of family support services for families of attempt to meet the needs of unserved and un- with disabilities. children with disabilities. derserved populations, such as individuals from (b) PURPOSE.—An agency or organization that SEC. 212. AUTHORIZATION OF APPROPRIATIONS. racial and ethnic minority backgrounds, dis- provides technical assistance and information advantaged individuals, individuals with lim- under this section in a State that receives a (a) IN GENERAL.—There are authorized to be ited English proficiency, and individuals from grant under this title shall provide the technical appropriated to carry out this title such sums as underserved geographic areas (rural or urban). assistance and information to the lead entity of may be necessary for each of fiscal years 2000 SEC. 205. APPLICATION. the State, family members of children with dis- through 2006. (b) RESERVATION.— To be eligible to receive a grant under this abilities, organizations, service providers, and (1) IN GENERAL.—The Secretary shall reserve title, a State shall submit an application to the policymakers involved with children with dis- for each fiscal year 10 percent, or $400,000 Secretary at such time, in such manner, and abilities and their families. Such an agency or (whichever is greater), of the amount appro- containing such information and assurances as organization may also provide technical assist- priated pursuant to subsection (a) to carry out— the Secretary may require, including informa- ance and information to a State that does not (A) section 209 (relating to the provision of tion about the designation of a lead entity, a de- receive a grant under this title. technical assistance and information to States); scription of available State resources, and assur- (c) REPORTS TO THE SECRETARY.—An entity and ances that systems change activities will be fam- providing technical assistance and information (B) section 210 (relating to the conduct of ily-centered and family-directed. under this section shall prepare and submit to evaluations). SEC. 206. DESIGNATION OF THE LEAD ENTITY. the Secretary periodic reports regarding Federal (2) SPECIAL RULE.—For each year that the (a) DESIGNATION.—The Chief Executive Offi- policies and procedures identified within the States that facilitate or impede the delivery of amount appropriated pursuant to subsection (a) cer of a State that desires to receive a grant is $10,000,000 or greater, the Secretary may re- under section 204, shall designate the office or family support services to families of children with disabilities. The report shall include rec- serve 5 percent of such amount to carry out sec- entity (referred to in this title as the ‘‘lead enti- tion 211. ty’’) responsible for— ommendations to the Secretary regarding the de- (1) submitting the application described in sec- livery of services, coordination with other pro- TITLE III—PROGRAM FOR DIRECT SUP- tion 205 on behalf of the State; grams, and integration of the policies described PORT WORKERS WHO ASSIST INDIVID- (2) administering and supervising the use of in section 202 in Federal law, other than this UALS WITH DEVELOPMENTAL DISABIL- the amounts made available under the grant; title. ITIES (3) coordinating efforts related to and super- SEC. 210. EVALUATION. SEC. 301. FINDINGS. vising the preparation of the application; (a) IN GENERAL.—The Secretary shall conduct Congress finds that— (4) coordinating the planning, development, a national evaluation of the program of grants (1) direct support workers, especially young implementation (or expansion and enhance- to States authorized by this title. adults, have played essential roles in providing ment), and evaluation of a statewide system of (b) PURPOSE.— the support needed by individuals with develop- family support services for families of children (1) IN GENERAL.—The Secretary shall conduct mental disabilities and expanding community with disabilities among public agencies and be- the evaluation under subsection (a) to assess the options for those individuals; tween public agencies and private agencies, in- status and effects of State efforts to develop and (2) 4 factors have contributed to a decrease in cluding coordinating efforts related to entering implement, or expand and enhance, statewide the available pool of direct support workers, into interagency agreements; systems of family support services for families of specifically—

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(A) the small population of individuals who (e) FEDERAL SHARE.—The Federal share of the mastered, by each participant under the cur- are age 18 through 25, an age group that has cost of providing the vouchers shall be not more riculum; and been attracted to direct support work in the than 80 percent. (C) nationally disseminate the curriculum and past; SEC. 304. STAFF DEVELOPMENT CURRICULUM AU- guidelines, including dissemination through— (B) the rapid expansion of the service sector, THORIZATION. (i) parent training and information centers which attracts individuals who previously (a) FUNDING.— funded under part D of the Individuals with would have elected to pursue employment as di- (1) IN GENERAL.—The Secretary shall award Disabilities Education Act (20 U.S.C. 1451 et rect support workers; funding, on a competitive basis, through a seq.); (C) the failure of wages in the human services grant, cooperative agreement, or contract, to a (ii) community-based organizations of and for sector to keep pace with wages in other service public or private entity or a combination of such individuals with developmental disabilities and sectors; and entities, for the development, evaluation, and their families; (D) the lack of quality training and career ad- dissemination of a staff development cur- (iii) entities funded under title I; vancement opportunities available to direct sup- riculum, and related guidelines, for computer- (iv) centers for independent living; port workers; and assisted, competency-based, multimedia, inter- (v) State educational agencies and local edu- (3) individuals with developmental disabilities active instruction, relating to service as a direct cational agencies; benefit from assistance from direct support support worker. (vi) entities operating appropriate medical fa- workers who are well trained, and benefit from (2) PARTICIPANTS.—The curriculum shall be cilities; receiving services from professionals who have developed for individuals who— (vii) postsecondary education entities; and spent time as direct support workers. (A) seek to become direct support workers who (viii) other appropriate entities; and SEC. 302. DEFINITIONS. assist individuals with developmental disabil- (4) such other information as the Secretary In this title: ities or are such direct support workers; and may require. (1) DEVELOPMENTAL DISABILITY.—The term (B) seek to upgrade their skills and com- SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ‘‘developmental disability’’ has the meaning petencies related to being a direct support work- (a) SCHOLARSHIPS.—There are authorized to given the term in section 102. er. be appropriated to carry out section 303 $800,000 (2) INSTITUTION OF HIGHER EDUCATION.—The (b) APPLICATION REQUIREMENTS.—To be eligi- for fiscal year 2000 and such sums as may be term ‘‘institution of higher education’’ has the ble to receive an award under this section, an necessary for each of fiscal years 2001 through meaning given the term in section 1201 of the entity shall submit to the Secretary an applica- 2006. Higher Education Act of 1965 (20 U.S.C. 1141). tion at such time, in such manner, and con- (b) STAFF DEVELOPMENT CURRICULUM.—There (3) SECRETARY.—The term ‘‘Secretary’’ means taining such information as the Secretary may are authorized to be appropriated to carry out the Secretary of Health and Human Services. require, including— section 304 $800,000 for fiscal year 2000 and such SEC. 303. REACHING UP SCHOLARSHIP PROGRAM. (1) a comprehensive analysis of the content of sums as may be necessary for each of fiscal (a) PROGRAM AUTHORIZATION.—The Secretary direct support roles; years 2001 and 2002. may award grants to eligible entities, on a com- (2) information identifying an advisory group TITLE IV—REPEAL that— petitive basis, to enable the entities to carry out SEC. 401. REPEAL. scholarship programs by providing vouchers for (A) is comprised of individuals with experi- (a) IN GENERAL.—The Developmental Disabil- postsecondary education to direct support work- ence and expertise with regard to the support ities Assistance and Bill of Rights Act (42 U.S.C. ers who assist individuals with developmental provided by direct support workers, and effec- 6000 et seq.) is repealed. disabilities residing in diverse settings. The Sec- tive ways to provide the support, for individuals (b) CONFORMING AMENDMENTS.— retary shall award the grants to pay for the with developmental disabilities in diverse set- (1) INDIVIDUALS WITH DISABILITIES EDUCATION Federal share of the cost of providing the tings; and (B) will advise the entity throughout the de- ACT.—Sections 644(b)(4) and 685(b)(4) of the In- vouchers. dividuals with Disabilities Education Act (20 (b) ELIGIBLE ENTITY.—To be eligible to receive velopment, evaluation, and dissemination of the U.S.C. 1444(b)(4), 1484a(b)(4)) are amended by a grant under this section, an entity shall be— staff development curriculum and guidelines; striking ‘‘the Developmental Disabilities Assist- (1) an institution of higher education; (3) information describing how the entity (2) a State agency; or will— ance and Bill of Rights Act’’ and inserting ‘‘the (3) a consortium of such institutions or agen- (A) develop, field test, and validate a staff de- Developmental Disabilities Assistance and Bill cies. velopment curriculum that— of Rights Act of 1999’’. (c) APPLICATION REQUIREMENTS.—To be eligi- (i) relates to the appropriate reading level for (2) NATIVE AMERICAN HOUSING ASSISTANCE AND ble to receive a grant under this section, an eli- direct service workers who assist individuals SELF-DETERMINATION ACT OF 1996.—Section gible entity shall submit to the Secretary an ap- with disabilities; 4(17)(C) of the Native American Housing Assist- plication at such time, in such manner, and (ii) allows for multiple levels of instruction; ance and Self-Determination Act of 1996 (25 containing such information as the Secretary (iii) provides instruction appropriate for direct U.S.C. 4103(17)(C)) is amended by striking ‘‘as may require, including a description of— support workers who work in diverse settings; defined in’’ and all that follows and inserting (1) the basis for awarding the vouchers; and ‘‘as defined in section 102 of the Developmental (2) the number of individuals to receive the (iv) is consistent with subsections (b) and (c) Disabilities Assistance and Bill of Rights Act of vouchers; and of section 101 and section 109; 1999.’’. (3) the amount of funds that will be made (B) develop, field test, and validate guidelines (3) REHABILITATION ACT OF 1973.— available by the eligible entity to pay for the for the organizations that use the curriculum (A) Section 105(c)(6) of the Rehabilitation Act non-Federal share of the cost of providing the that provide for— of 1973 (29 U.S.C. 725(c)(6)) is amended by strik- vouchers. (i) providing necessary technical and instruc- ing ‘‘the State Developmental Disabilities Coun- (d) SELECTION CRITERIA.—In awarding a tional support to trainers and mentors for the cil described in section 124 of the Developmental grant under this section for a scholarship pro- participants; Disabilities Assistance and Bill of Rights Act (42 gram, the Secretary shall give priority to an en- (ii) ensuring easy access to and use of such U.S.C. 6024)’’ and inserting ‘‘the State Council tity submitting an application that— curriculum by workers that choose to partici- on Developmental Disabilities established under (1) specifies that individuals who receive pate in using, and agencies that choose to use, section 125 of the Developmental Disabilities As- vouchers through the program will be individ- the curriculum; sistance and Bill of Rights Act of 1999’’. uals— (iii) evaluating the proficiency of the partici- (B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) (A) who are direct support workers who assist pants with respect to the content of the cur- of the Rehabilitation Act of 1973 (29 U.S.C. individuals with developmental disabilities re- riculum; 762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by siding in diverse settings, while pursuing post- (iv) providing necessary support to the par- striking ‘‘Developmental Disabilities Assistance secondary education; and ticipants to assure that the participants have and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ (B) each of whom verifies, prior to receiving access to, and proficiency in using, a computer and inserting ‘‘Developmental Disabilities As- the voucher, that the worker has completed 250 in order to participate in the development, test- sistance and Bill of Rights Act of 1999’’. hours as a direct support worker in the past 90 ing, and validation process; (C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) days; (v) providing necessary technical and instruc- of section 509 of the Rehabilitation Act of 1973 (2) states that the vouchers that will be pro- tional support to trainers and mentors for the (29 U.S.C. 794e) are amended by striking ‘‘part vided through the program will be in amounts of participants in conjunction with the develop- C of the Developmental Disabilities Assistance not more than $2,000 per year; ment, testing, and validation process; and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ (3) provides an assurance that the eligible en- (vi) addressing the satisfaction of partici- and inserting ‘‘subtitle C of the Developmental tity (or another specified entity that is not a pants, individuals with developmental disabil- Disabilities Assistance and Bill of Rights Act of voucher recipient) will contribute the non-Fed- ities and their families, providers of services for 1999’’. eral share of the cost of providing the vouchers; such individuals and families, and other rel- (D) Section 509(f)(5)(B) of the Rehabilitation and evant entities with the curriculum; and Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended (4) meets such other conditions as the Sec- (vii) developing methods to maintain a record by striking ‘‘Developmental Disabilities Assist- retary may specify. of the instruction completed, and the content ance and Bill of Rights Act (42 U.S.C. 6000 et

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00101 Fmt 0686 Sfmt 6333 E:\BR99\S08NO9.003 S08NO9 29046 CONGRESSIONAL RECORD—SENATE November 8, 1999 seq.)’’ and inserting ‘‘Developmental Disabilities mental Disabilities Assistance and Bill of Rights commonly referred to as the DD Act, Assistance and Bill of Rights Act of 1999’’. Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘sub- represents the reauthorization of a (4) ASSISTIVE TECHNOLOGY ACT OF 1998.— title C of the Developmental Disabilities Assist- piece of legislation with a rich legacy, (A) Section 3(a)(11)(A) of the Assistive Tech- ance and Bill of Rights Act of 1999’’. and a long history of bipartisan Con- (10) CRIME VICTIMS WITH DISABILITIES AWARE- nology Act of 1998 (29 U.S.C. 3002(a)(11)(A)) is gressional support. It was initially en- amended by striking ‘‘part C of the Develop- NESS ACT.—Section 3 of the Crime Victims With mental Disabilities Assistance and Bill of Rights Disabilities Awareness Act (42 U.S.C. 3732 note) acted as Title I of the Mental Retarda- Act (42 U.S.C. 6041 et seq.)’’ and inserting ‘‘sub- is amended by striking ‘‘term’’ and all that fol- tion Facilities and Community Mental title C of the Developmental Disabilities Assist- lows and inserting the following ‘‘term in sec- Health Centers Construction Act of ance and Bill of Rights Act of 1999’’. tion 102 of the Developmental Disabilities Assist- 1963 as part of the legacy of President (B) Paragraphs (1) and (2) of section 102(a) of ance and Bill of Rights Act of 1999.’’. Kennedy, and was last reauthorized in the Assistive Technology Act of 1998 (29 U.S.C. (11) CRANSTON-GONZALEZ NATIONAL AFFORD- 1996 under the sponsorship of Senator 3012(a)) are amended by striking ‘‘Develop- ABLE HOUSING ACT.—The third sentence of sec- FRIST. It has always focused on the mental Disabilities Assistance and Bill of Rights tion 811(k)(2) of the Cranston-Gonzalez Na- needs of our most vulnerable citizens, Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘De- tional Affordable Housing Act (42 U.S.C. currently an estimated four million 8013(k)(2)) is amended by striking ‘‘as defined’’ velopmental Disabilities Assistance and Bill of Americans with developmental disabil- Rights Act of 1999’’. and all that follows and inserting ‘‘as defined in (5) HEALTH PROGRAMS EXTENSION ACT OF section 102 of the Developmental Disabilities As- ities, including individuals with men- 1973.—Section 401(e) of the Health Programs Ex- sistance and Bill of Rights Act of 1999.’’. tal retardation and other lifelong, se- tension Act of 1973 (42 U.S.C. 300a–7(e)) is (12) STATE DEPENDENT CARE DEVELOPMENT vere disabilities. I am pleased to say amended by striking ‘‘or the’’ and all that fol- GRANTS ACT.—Section 670G(3) of the State De- that S. 1809 was reported out, unani- lows through ‘‘may deny’’ and inserting ‘‘or the pendent Care Development Grants Act (42 mously, by the Committee on Health, Developmental Disabilities Assistance and Bill U.S.C. 9877(3)) is amended by striking ‘‘section Education, Labor, and Pensions on No- of Rights Act of 1999 may deny’’. 102(7) of the Developmental Disabilities Assist- vember 3, 1999. (6) SOCIAL SECURITY ACT.— ance and Bill of Rights Act’’ and inserting ‘‘sec- I would like to take a moment to re- (A) Section 1919(c)(2)(B)(iii)(III) of the Social tion 102 of the Developmental Disabilities Assist- view the history of this legislation, and Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is ance and Bill of Rights Act of 1999’’. the programs in each State that it au- amended by striking ‘‘part C of the Develop- (13) PROTECTION AND ADVOCACY FOR MEN- mental Disabilities Assistance and Bill of Rights TALLY ILL INDIVIDUALS ACT OF 1986.— thorizes. The earliest version of this Act’’ and inserting ‘‘subtitle C of the Develop- (A) Section 102(2) of the Protection and Advo- legislation focused on the interdiscipli- mental Disabilities Assistance and Bill of Rights cacy for Mentally Ill Individuals Act of 1986 (42 nary training of professionals to work Act of 1999’’. U.S.C. 10802(2)) is amended by striking ‘‘part C with individuals with developmental (B) Section 1930(d)(7) of the Social Security of the Developmental Disabilities Assistance and disabilities by authorizing funding for Act (42 U.S.C. 1396u(d)(7)) is amended by strik- Bill of Rights Act’’ and inserting ‘‘subtitle C of University Affiliated Facilities charged ing ‘‘State Planning Council established under the Developmental Disabilities Assistance and with expanding the carde of profes- section 124 of the Developmental Disabilities As- Bill of Rights Act of 1999’’. sionals able to address the needs of in- (B) Section 114 of the Protection and Advo- sistance and Bill of Rights Act, and the Protec- dividuals with developmental disabil- tion and Advocacy System established under cacy for Mentally Ill Individuals Act of 1986 (42 section 142 of such Act’’ and inserting ‘‘State U.S.C. 10824) is amended by striking ‘‘section ities. Later, the name of the programs Council on Developmental Disabilities estab- 107(c) of the Developmental Disabilities Assist- was changed to University Affiliated lished under section 125 of the Developmental ance and Bill of Rights Act’’ and inserting ‘‘sec- Programs (UAPs), and their mission Disabilities Assistance and Bill of Rights Act of tion 105 of the Developmental Disabilities Assist- was expanded to include community 1999 and the protection and advocacy system es- ance and Bill of Rights Act of 1999’’. services and information dissemination tablished under subtitle C of that Act’’. (14) STEWART B. MCKINNEY HOMELESS ASSIST- pertaining to individuals with develop- (7) UNITED STATES HOUSING ACT OF 1937.—Sec- ANCE ACT.—Section 422(2)(C) of the Stewart B. mental disabilities. In 1996, after 33 tion 3(b)(3)(E)(iii) of the United States Housing McKinney Homeless Assistance Act (42 U.S.C. years of planned expansion by Con- 11382(2)(C)) is amended by striking ‘‘as defined’’ Act of 1937 (42 U.S.C. 1437a(b)(3)(E)(iii)) is gress, the DD Act provided funding for amended by striking ‘‘developmental disability’’ and all that follows and inserting ‘‘as defined in and all that follows and inserting ‘‘develop- section 102 of the Developmental Disabilities As- at least one UAP in each State. The mental disability as defined in section 102 of the sistance and Bill of Rights Act of 1999, or’’. present reauthorization recognizes the Developmental Disabilities Assistance and Bill (15) ASSISTED SUICIDE FUNDING RESTRICTION development of these programs, adds of Rights Act of 1999.’’. ACT OF 1997.— research as a core function, and re- (8) HOUSING ACT OF 1949.—The third sentence (A) Section 4 of the Assisted Suicide Funding names UAPs as Centers for Excellence of section 501(b)(3) of the Housing Act of 1949 Restriction Act of 1997 (42 U.S.C. 14403) is in Developmental Disabilities Edu- (42 U.S.C. 1471(b)(3)) is amended by striking amended— cation, Research, and Service. ‘‘developmental disability’’ and all that follows (i) by striking the section heading and insert- In the 1970 reauthorization of the DD ing the following: and inserting ‘‘developmental disability as de- Act, Congress recognized the need for ‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL fined in section 102 of the Developmental Dis- and value of strengthening State ef- abilities Assistance and Bill of Rights Act of FUNDS UNDER CERTAIN GRANT PRO- 1999.’’. GRAMS.’’; forts to coordinate and integrate serv- (9) OLDER AMERICANS ACT OF 1965.— and ices for individuals with developmental (A) Section 203(b)(17) of the Older Americans (ii) by striking ‘‘part B, D, or E of the Devel- disabilities. As a result, Congress es- Act of 1965 (42 U.S.C. 3013(b)(17)) is amended by opmental Disabilities Assistance and Bill of tablished and authorized funding for striking ‘‘Developmental Disabilities and Bill of Rights Act’’ and inserting ‘‘subtitle B, D, or E State Developmental Disabilities Rights Act’’ and inserting ‘‘Developmental Dis- of the Developmental Disabilities Assistance and Councils (DD Councils) in each State. abilities Assistance and Bill of Rights Act of Bill of Rights Act of 1999’’. The purpose of the Councils was, and 1999’’. (B) Section 5(b)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. continues to be, to advise governors (B) Section 427(a) of the Older Americans Act and State agencies regarding the use of of 1965 (42 U.S.C. 3035f(a)) is amended by strik- 14404(b)(1)) is amended by striking subpara- ing ‘‘part A of the Developmental Disabilities graph (A) and inserting the following: available and potential resources to Assistance and Bill of Rights Act (42 U.S.C. 6001 ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS meet the needs of individuals with de- et seq.)’’ and inserting ‘‘subtitle C of the Devel- UNDER THE DEVELOPMENTAL DISABILITIES ASSIST- velopmental disabilities. Every State opmental Disabilities Assistance and Bill of ANCE AND BILL OF RIGHTS ACT OF 1999.—Subtitle has a DD Council. The Councils under- Rights Act of 1999’’. C of the Developmental Disabilities Assistance take advocacy, capacity building, and (C) Section 429F(a)(1) of the Older Americans and Bill of Rights Act of 1999.’’. systemic change activities directed at Act of 1965 (42 U.S.C. 3035n(a)(1)) is amended by Mr. JEFFORDS. Mr. President, on improving access to and quality of striking ‘‘section 102(5) of the Developmental behalf of myself, and my colleagues community services, supports, and Disabilities Assistance and Bill of Rights Act (42 Senators KENNEDY, HARKIN, FRIST, COL- other forms of assistance for individ- U.S.C. 6001(5))’’ and inserting ‘‘section 102 of LINS, WELLSTONE, REED, DODD, MUR- the Developmental Disabilities Assistance and uals with disabilities and their fami- Bill of Rights Act of 1999’’. RAY, and ENZI, I am pleased that we are lies. (D) Section 712(h)(6)(A) of the Older Ameri- considering S. 1809, the Developmental In 1975, Congress created and author- cans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is Disabilities Assistance and Bill of ized funding for Protection and Advo- amended by striking ‘‘part A of the Develop- Rights Act of 1999. This legislation, cacy Systems (P & As) in each State to

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29047 ensure the safety and well being of in- and the capacity of States and commu- how the three programs funded in each dividuals with developmental disabil- nities to respond to them have State coordinate their efforts, and how ities. The mission of these systems has changed. In the past 5 years, new strat- that coordination affects the quality of evolved over the years, initially ad- egies for reaching, engaging, and as- supports and services for individuals dressing the protection of individuals sisting individuals with developmental with developmental disabilities and with developmental disabilities who disabilities have gained visibility and their families in that State. In doing so lived in institutions, to the present re- credibility. These state of the art Congress recognizes that the programs sponsibilities related to the protection strategies are reinforced by and re- funded under the DD Act do not have of individuals with developmental dis- flected in this bill. day to day responsibility for the out- abilities from abuse, neglect, and ex- This bill also recognizes that individ- comes of the programs directly serving ploitation, and from the violation of uals with developmental disabilities people with developmental disabilities their legal and human rights, both in often are at greater risk of abuse, ne- in their States. Therefore, Congres- institutions and other community set- glect, financial and sexual exploi- sional intent is that the Secretary of tings. tation, and the violation of their legal the Department of Health and Human The 1975 reauthorization of the DD and human rights, than the general Services develop measures regarding Act also established funding for population. Based upon this recogni- the quality of program activities fund- Projects of National Significance. tion, the bill supports the extra effort ed under Title I of this bill, to provide Through this new authority Congress and attention needed, in both indi- accountability in the areas of advo- authorizes funding for initiatives to ad- vidual and systemic situations, to en- cacy, capacity building, and systems dress areas of national importance. sure that individuals with develop- changes as they relate to the areas of Over the years, projects related to indi- mental disabilities are at no greater emphasis defined in Section 102(2), and viduals with developmental disabilities risk of harm than others in the general that these measures are consistent and their treatment in the criminal population. with the purposes and policies articu- justice system, their experiences with In the past, the Councils, P&A Sys- lated in Section 101. home ownership, in employment, their tems, and Centers have been authorized In recent years, a clearer picture has use of assistive technology, and their to provide advocacy, capacity building, emerged of what individuals with de- involvement in self-advocacy have been and systemic change activities to velopmental disabilities are able to ac- supported through Projects of National make access to and navigation through complish, with the appropriate sup- Significance. various service systems easier for indi- port, when they have access to the The legislation before us today, S. viduals with developmental disabil- same choices and opportunities avail- 1809, the Developmental Disabilities ities. Over time there has been pressure able to others. There has been increas- Assistance and Bill of Rights Act of for these three programs to provide as- ing recognition of and support for self- 1999 builds on the past successes of sistance beyond the limit of their re- advocacy organizations established by these programs. Additionally, this bill sources and beyond their authorized and for individuals with developmental reflects today’s changing society and missions. The bill clearly and concisely disabilities, particularly individuals seeks to provide a foundation for the specifies the roles and responsibilities with cognitive disabilities. This bill re- services and supports that individuals of Councils, P&A Systems, and Centers flects and promotes such efforts by au- with developmental disabilities, their so that there is a common under- thorizing DD Councils to support the families, and communities need as we standing of what the programs are in- establishment and strengthening of at enter the next century. Let me take a tended to contribute toward a State’s least one statewide self-advocacy orga- moment to highlight the major provi- efforts to respond to the needs of indi- nization for individuals with develop- sions of this legislation. viduals with developmental disabilities mental disabilities in each State. It S. 1809 continues a tradition of sup- and their families. also authorizes national technical as- port for DD programs in each State in- S. 1809 gives States’ Councils, P&A sistance for self advocacy organiza- cluding DD Councils, Protection and Systems, and Centers increased flexi- tions. Advocacy Systems, and University bility. Each program in a State, work- In addition to S. 1809 renaming the Centers for Excellence in Develop- ing with stakeholders, is to develop University Affiliated Programs as Uni- mental Disabilities Education, Re- goals for how to assure that individuals versity Centers for Excellence in De- search, and Service. The purpose of the with developmental disabilities and velopmental Disabilities Education, DD programs in each State is to engage their families participate in the design Research, and Service, this legislation in advocacy, capacity building, and of and have access to needed commu- expands Centers’ responsibilities to in- systemic change activities related to nity services, individualized supports, clude the conduct of research, author- improving the quality of life for indi- and other forms of assistance that pro- izes National Training Initiatives on viduals with developmental disabilities mote self-determination, independence, Critical and Emerging Needs, and links and their families. This legislation productivity, integration, and inclu- the Centers to create a National Net- seeks to ensure that individuals with sion in all facets of community life. work. In doing so Congress recognizes developmental disabilities are able to Goals may be set in any of the fol- that Centers have a long history of pro- fully participate in and contribute to lowing areas of emphasis: quality as- viding state of the art community edu- their communities through fall inte- surance, education and early interven- cation and training in a variety of gration and inclusion in the economic, tion, child care, health, employment, areas related to improving the capacity political, social, cultural, and edu- housing, transportation, recreation, or of communities to meet the needs of cational mainstream of our Nation. It other community services. individuals with developmental disabil- also assists DD Act programs to im- Consistent with Congressional em- ities and their families. It is the inten- prove the range and quality of supports phasis on strengthening accountability tion of Congress that Centers will con- and services for individuals with devel- for all Federal programs, this legisla- tinue to provide this training. It is also opmental disabilities and their families tion requires each program to deter- Congress’ intention to recognize and regardless of where they choose to live. mine, before undertaking a goal, how utilize the capacity of all Centers to This legislation recognizes that indi- that goal will be measured. The Sec- meet critical and emerging training viduals with developmental disabilities retary of the Department of Health and needs in accordance with Sections often have multiple, evolving, life long Human Services (HHS) is to develop in- 152(c) and 153(b). It also anticipates needs that require services and sup- dicators of progress to evaluate how that Congress will authorize Centers to ports from agencies and organizations the three programs in each State have meet other emerging and critical train- that offer specialized and generic forms engaged in activities to promote and ing and research needs related to indi- of assistance in their communities. The achieve the purposes of the Act. In par- viduals with developmental disabilities nature of the needs of these individuals ticular, the Secretary is to monitor through other legislation.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.003 S08NO9 29048 CONGRESSIONAL RECORD—SENATE November 8, 1999 By administering the three programs The bill requires States to designate port workers to access training related specifically authorized under the DD a lead entity that will coordinate ac- to providing state of the art supports Act and by funding Projects of Na- tivities funded under the grant. The and services to individuals with devel- tional Significance to accomplish simi- lead agency should have the capacity opmental disabilities and their fami- lar or complementary efforts, the Ad- to promote a statewide system of fam- lies. ministration on Developmental Dis- ily support services that is family-cen- Title III, section 304 of this legisla- abilities (ADD) in HHS plays a critical tered and family-directed; to promote tion provides funding for the develop- role in supporting and fostering new and implement systems change activi- ment, evaluation, and dissemination of ways to assist individuals with devel- ties; and to maximize access to public a staff development curriculum, and opmental disabilities and their fami- and private funds for family support related guidelines for computer-as- lies, and in promoting system integra- services for families of children with sisted, competency-based, multi-media, tion to expand and improve community disabilities. The application should interactive instruction to provide staff services for individuals with disabil- also designate the involvement of other development for individuals in direct ities. The bill provides ADD with the State or local agencies, including local service roles with people with develop- ability to foster similar efforts across councils, in both the preparation of the mental disabilities and their families. the Executive Branch. It authorizes application and the continuing role of Title III also recognizes the potential ADD to pursue and join with other Ex- each agency in the statewide system of contribution of individuals with devel- ecutive Branch entities in activities family support for families of children opmental disabilities who themselves that will improve choices, opportuni- with disabilities. may choose to become direct service ties, and services for individuals with This legislation also gives States providers. This state of the art cur- developmental disabilities and to fully maximum flexibility in selecting ac- riculum will allow direct service work- utilize the potential of the entities au- tivities they will implement in pro- ers, including those with limited levels thorized under title I to achieve these viding family support services for fami- of literacy, access to and participation goals. Since this bill adds new respon- lies of children with disabilities, in- in, state of the art training that re- sibilities for tracking accountability cluding populations who are unserved flects the principles articulated in title and collaboration which may trigger or underserved. Activities may include I, particularly the principles of self-de- the need for additional resources, Sec- training and technical assistance; the termination, independence, production 163(b)(2) authorizes funds for ad- development or strengthening of fam- tivity, integration, and inclusion of in- ministrative purposes. The intent is ily-centered and family-directed ap- dividuals with developmental disabil- that these funds supplement, but not proaches to services, including service ities in all aspects of community life. supplant existing administrative funds coordination services, service planning The curriculum will also address the provided to ADD. services, and respite care services; and use of positive supports and interven- I would like to thank Senator HAR- assistance to families of children with tions as alternatives to the use of aver- KIN, and Senators FRIST and disabilities in accessing natural and sive treatment, particularly the inap- WELLSTONE for drafting provisions in Title II and Title III, respectively. community supports and in obtaining propriate use of restraint and seclusion Title II of this legislation addresses the benefits and services. A State may also with individuals with developmental critical need for family support for conduct needs assessments; evaluations disabilities across the age span and in families of individuals with severe dis- of data related to the statewide system a variety of settings. The curriculum abilities. The bill authorizes grants of family support for families of chil- will be fully field-tested, evaluated, (one, 3-year grant per State, on a com- dren with disabilities; or pilot dem- and nationally disseminated. Throughout the country, the DD Act petitive basis) to assist States to pro- onstration projects to demonstrate new vide services to families who choose to approaches to the provision of family programs have a long history of keep their children with disabilities at support services for families of chil- achievement. In Vermont, the DD Act home. It gives support to States’ ef- dren with disabilities. programs make on-going contributions forts to assist families. Family support Title III recognizes and responds to a to major initiatives affecting individ- services are cost effective in reducing national need to increase the number uals with developmental disabilities the costs associated with life-long dis- of, and improve the training for, direct and their families. They play signifi- ability, and in preventing the expense support workers who assist individuals cant roles in many of Vermont’s ac- of out-of-home placement. Such serv- with developmental disabilities where complishments, including: the inclu- ices allow individuals with disabilities they live, work, go to school, and en- sion of children with severe disabilities to stay at home with their families. gage in other aspects of community into local schools and classrooms; Title II gives flexibility and author- life, consistent and in coordination early intervention and family leader- ity to States in the design of statewide with title I of this legislation. Title III ship initiatives that are national mod- systems of family support services for acknowledges that direct support els; and innovative programs in the families of children with disabilities. workers play essential roles in pro- areas of employment, and community Family support activities supported viding the support that individuals living options for individuals with de- through this bill should be family-cen- with developmental disabilities need, velopmental disabilities. Based upon tered and family-directed. This means and in expanding community options the letters our office has received from families of children with disabilities for these individuals. across the country, it is clear that have control over decisions relating to Section 303 of title III authorizes the these DD programs make substantial, the supports that will meet the prior- Reaching Up Scholarships Program to positive differences in all States. ities of their family, and participate in encourage continuing education for in- S. 1809 is bi-partisan, balanced, and the planning, development, implemen- dividuals who provide direct support to responsive legislation that reflects tation, and evaluation of the statewide individuals with developmental disabil- months of discussion and collaboration system of family support. ities. This scholarship program author- among individuals and organizations When applying for a grant, States are izes vouchers of up to $2,000 to an eligi- representing a full range of opinion. I expected to demonstrate the nature ble direct support worker. Recipients would like to recognize the contribu- and extent of the involvement of fami- of these vouchers will be direct support tions of the numerous disability and lies of children with disabilities and in- workers who assist individuals with de- advocacy groups that provided public dividuals with disabilities in the devel- velopmental disabilities in a wide input, especially the Developmental opment of the application and in the range of settings. This grant program Disabilities Task Force of the Consor- development, implementation, and will be administered through institu- tium for Citizens with Disabilities and evaluation of the statewide system of tions of higher education, State agen- their co-chairs, who have worked with family support for families of children cies, or consortia of such institutions staff over nine months to develop this with disabilities. or agencies. It will enable direct sup- legislation.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.003 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29049 I would like to thank Senate staff in- disabilities from abuse and neglect no medical, legal, educational, and other cluding Connie Garner from Senator matter where they live—inside an in- supports and services; and that include KENNEDY’s staff, Katie Corrigan and stitution or in the community. follow along services that ensure that Tom Hlavacek from Senator HARKIN’s And finally, we must do more to the changing needs of the child and staff, Dave Larson from Senator strengthen and support families as family are met; the coordination and FRIST’s staff, Cheryl Chambers from they provide care and support to fam- monitoring of services provided to the Senator WELLSTONE’s staff, and Liz ily members with a disability. Family family; the provision of information to King from the Senate Legislative caregivers are the true heroes of our children with disabilities and their Counsel. I would also like to thank long-term care system. In Title II of families about the availability of serv- staff from the U.S. Department of this bill, Congress lends support to ices, and assistance to such children Health and Human Services including State efforts to give individuals with and their families in obtaining appro- Sue Swenson, Reggie Wells, and disabilities the choice to stay at home, priate services; and the facilitation and Elsbeth Wyatt from the Administra- with their families. organization of existing social net- tion on Developmental Disabilities, I thank Senator JEFFORDS for ac- works and natural sources of support, and Barbara Clark and Amy Lockhart knowledging my strong interest and and community resources and services. from the Office of the Assistant Sec- contributions to this important title. Such a statewide system should also retary for Legislation. And finally, I This Family Support grant program be culturally competent, community- would like to thank my own HELP gives flexibility and authority to the centered, and comprehensive so that it addresses the needs of all families of Committee staff particularly Pat States in designing statewide systems children with disabilities, including Morrissey, Lu Zeph, Leah Menzies, of family support services for families unserved and underserved populations; Heidi Scheuermann, and Mark Powden of children with disabilities. It is our and addresses such needs without re- who worked long and hard on this leg- intention that all activities conducted gard to the age, type of disability, race, islation. under the Family Support program ethnicity, or gender of such children or S. 1809 continues a long tradition of should be family-centered and family- the major life activity for which such Congressional support for individuals directed. This means that services and programs should facilitate the full par- children need the assistance. with developmental disabilities, their When applying for a grant, States ticipation and control by families of families, and their communities and should demonstrate the nature and ex- children with disabilities in decisions ensures that this support will continue tent of the involvement of families of relating to the supports that will meet to meet their needs into the next cen- children with disabilities and individ- the priorities of the family; and in the tury. I ask my colleagues to join me uals with disabilities in the develop- planning, development, implementa- today in voting to pass this bill out of ment of the application, including the the Senate. tion, and evaluation of the statewide involvement of unserved and under- Mr. HARKIN. Mr. President, I sup- system of family support. served populations; and in strategies We have given States the flexibility port the passage of Senate Bill 1809, the for actively involving families of chil- of defining what Family Support serv- Developmental Disabilities Assistance dren with disabilities and individuals ices will be provided. Family Support and Bill of Rights Act of 1999. with disabilities in the development, services should lead to the integration As the chief sponsor of the Ameri- implementation, and evaluation of the cans with Disabilities Act and the and inclusion of children with disabil- statewide system of family support for former chair of the Senate Sub- ities and their families in the use and families of children with disabilities. committee on Disability Policy, I take participation of the same community In the application, States should also a particular interest in the Develop- resources that are used by and avail- describe the unmet needs for family mental Disabilities Act, which has able to other individuals and families. support for families of children with Family Support services may include been a cornerstone of our national pol- disabilities in the State. icy for people with disabilities. In fact, help with service coordination; the pro- When applying for a grant, States the Supreme Court cited the Develop- vision of goods and services such as should designate a lead entity that will mental Disabilities Act in the recent specialized evaluations and diagnostic coordinate activities funded under the Olmstead decision as evidence of Con- services, adaptive equipment, respite grant with activities of other relevant gress’ intent that people with disabil- care, personal assistance services, State and local agencies. The lead ities should have the choice to receive homemaker and chore services, behav- agency should have the capacity to services in the community. ioral supports, assistive technology promote a statewide system of family The entities funded under the Act— services and devices, permanency and support for families of children with the Developmental Disabilities Coun- future planning, home and vehicle disabilities throughout the State that cils, University Affiliated Programs, modifications and repairs, equipment is family-centered and family-directed; and the Protection and Advocacy sys- and consumable supplies, transpor- to promote and implement systems tems—have enabled us to move away tation, specialized nutrition and cloth- change activities; and to maximize ac- from a service system that denied peo- ing, counseling and mental health serv- cess to public and private funds for ple with disabilities the choice to re- ices, family education and training family support services for families of ceive services where families and indi- services, communication services, cri- children with disabilities. The applica- viduals want them—in their own sis intervention, daycare and child care tion should also designate the involve- homes, communities, and neighbor- for a child with a disability, supports ment of other State or local agencies, hoods. and services for integrated and inclu- including local councils, in the prepa- This year’s reauthorization is very sive community activities, parent or ration of the application and the con- important for several reasons. First, family member support groups, peer tinuing role of each agency in the we must continue our progress toward support, sitter service or companion statewide system of family support for ensuring that people with develop- service, education aids; and financial families of children with disabilities. mental disabilities achieve their max- assistance, which may include cash We have given States maximum imum potential through increased self- subsidies, allowances, voucher or reim- flexibility in selecting activities they determination, independence, produc- bursement systems, low-interest loans, will implement in providing family tivity, and integration in all facets of or lines of credit. support services for families of chil- life. A statewide system of Family Sup- dren with disabilities. The State may Second, we must ensure that people port Services means a system that is support training and technical assist- with developmental disabilities are family-centered and family-directed, ance activities for family members, free from abuse and neglect in all as- and that assists and enables families to service providers, community mem- pects of the service delivery system. receive rights and procedural safe- bers, professionals, students, and oth- This bill will help protect people with guards and to gain access to social, ers to increase family participation,

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.004 S08NO9 29050 CONGRESSIONAL RECORD—SENATE November 8, 1999 choice, and control in the provision of substitute be agreed to, the bill be con- EXPRESSING CONCERN OVER family support services for families of sidered read the third time and passed, FREEDOM OF PRESS AND ELEC- children with disabilities; to develop or the motion to reconsider be laid upon TORAL INSTITUTIONS IN PERU strengthen family-centered and family- the table, and any statements relating Mr. GRASSLEY. Mr. President, I ask directed approaches to services, includ- to the bill be printed in the RECORD. unanimous consent that the Senate ing service coordination services, serv- The PRESIDING OFFICER. Without now proceed to the immediate consid- ice planning services, and respite care objection, it is so ordered. eration of calendar No. 378, S. Res. 209. services; and to assist families of chil- The committee amendment in the The PRESIDING OFFICER. The dren with disabilities in accessing nat- nature of a substitute was agreed to. clerk will report the resolution by ural and community supports and in The bill (S. 1809), as amended, was title. obtaining benefits and services. read the third time and passed. The legislative clerk read as follows: A State may conduct needs assess- A resolution (S. Res. 209) expressing con- ments, evaluations of data related to f cern over interference with freedom of the the statewide system of family support press and independence of judicial and elec- for families of children with disabil- toral institutions in Peru. ities, or pilot demonstration projects RECOGNIZING AMERICA’S NON- GOVERNMENTAL ORGANIZA- There being no objection, the Senate to demonstrate new approaches to the proceeded to consider the resolution. provision of family support services for TIONS AND PRIVATE VOLUN- TEER ORGANIZATIONS Mr. GRASSLEY. Mr. President, I ask families of children with disabilities. A unanimous consent that the resolution State may also support activities to Mr. GRASSLEY. Mr. President, I ask be agreed to, the preamble be agreed identify and coordinate Federal and unanimous consent that the Senate to, the motion to reconsider be laid State policies, resources, and services, now proceed to the immediate consid- upon the table, and any statements re- relating to the provision of family sup- eration of calendar No. 379, S. Con. Res. lating to the resolution appear at this port services for families of children 30. point in the RECORD. with disabilities, including interagency The PRESIDING OFFICER. The The PRESIDING OFFICER. Without activities and agreements. clerk will report the concurrent resolu- objection, it is so ordered. In addition, a State may conduct tion by title. The resolution (S. Res. 209) was outreach activities to locate families The legislative clerk read as follows: agreed to. who are eligible for family support A concurrent resolution (S. Con. Res. 30) The preamble was agreed to. services for families of children with recognizing the sacrifice and dedication of The resolution, with its preamble, disabilities; to solicit input from such members of America’s nongovernmental or- reads as follows: families; and to identify groups who ganizations (NGOs) and private volunteer or- S. RES. 209 are unserved and underserved. Such ac- ganizations (PVOs) throughout their history Whereas the independence of Peru’s legis- and specifically in answer to their coura- tivities may involve the creation or lative and judicial branches has been geous response to recent disasters in Central maintenance of, support of, or provi- brought into question by the May 29, 1997, America and Kosovo. sion of, assistance to statewide and dismissal of 3 Constitutional Tribunal mag- community parent organizations, and There being no objection, the Senate istrates; organizations that provide family sup- proceeded to consider the concurrent Whereas Peru’s National Council of Mag- port to families of children with dis- resolution. istrates and the National Election Board abilities; the dissemination of relevant Mr. GRASSLEY. Mr. President, I ask have been manipulated by President Alberto information; and other education ac- unanimous consent that the concur- Fujimori and his allies so he can seek a third tivities. rent resolution be agreed to, the mo- term in office; Whereas the Department of State’s Coun- In closing, I remind my colleagues tion to reconsider be laid upon the try Report on Human Rights Practices for that the toughest barriers faced by table, and any statements relating to 1998, dated February 26, 1999, concludes, with people with disabilities are not archi- this resolution be printed at this point respect to Peru, that ‘‘government intel- tectural, they are attitudinal. They are in the RECORD. ligence agents allegedly orchestrated a cam- not in the environment, they are in our The PRESIDING OFFICER. Without paign of spurious attacks by the tabloid hearts and in our minds. When people objection, it is so ordered. The concur- press against a handful of publishers and in- with disabilities are integrated rent resolution (S. Con. Res. 30) was vestigative journalists in the strongly pro- throughout our communities, we are agreed to, as follows: opposition daily La Republica and the other given the opportunity to change our print outlets and electronic media’’; S. CON. RES. 30 Whereas the Department of State’s Coun- attitudes from ones based on stereo- Resolved by the Senate (the House of Rep- try Report on Human Rights Practices for types, fear, and ignorance, to ones resentatives concurring), That the Congress— 1997, dated January 30, 1998, states that based on admiration, acceptance, and (1) recognizes and commends the sacrifice, Channel 2 television station reporters in affection. dedication, and commitment of those serving Peru ‘‘revealed torture by Army Intelligence In this way, the Developmental Dis- with, and those who have served with, Amer- Service Officers’’ and ‘‘the systematic wire- abilities Act benefits all of us. Not only ican nongovernmental organizations (NGO’s) tapping of journalists, government officials, are people with disabilities assisted in and private volunteer organizations (PVO’s) and opposition politicians’’; taking their rightful place in the main- that provide humanitarian relief to millions Whereas on July 13, 1997, Peruvian immi- stream of American society. Not only of the world’s poor and displaced; gration authorities revoked the Peruvian are families that include a child with a (2) urges all Americans to join in com- citizenship of Baruch Ivcher, the Israeli-born memorating and honoring those serving in, owner of the Channel 2 television station; disability given access to the supports, and those who have served in, America’s and resources, and services needed to main- NGO and PVO community for their sacrifice, Whereas Baruch Ivcher subsequently lost tain family unity. But in the process, dedication and commitment; and control of Channel 2 under an interpretation we all gain from the opportunity to ex- (3) calls upon the people of the United of a law that provides that a foreigner may perience people with developmental States to appreciate and reflect upon the not own a media organization, causing the disabilities as friends, as neighbors, as commitment and dedication of relief work- Department of State’s Report on Human co-workers, as classmates. ers, that they often serve in harm’s way with Rights Practices for 1998 to report that I especially thank Senator JEFFORDS threats to their own health and safety, and ‘‘threats and harassment continued against their organizations who have responded to Baruch Ivcher and some of his former jour- and Senator KENNEDY for their leadership on this issue, and I am glad to join recent tragedies in Central America and nalists and administrative staff...In Sep- Kosovo with great care, skill, and speed, and tember Ivcher and several of his staff in- so many of my colleagues from the to make appropriate steps to recognize and volved in his other nonmedia businesses were HELP Committee as a co-sponsor of encourage awareness of the contributions charged with customs fraud. The Courts sen- this legislation. that these relief workers and their organiza- tenced Ivcher in absentia to 12 years impris- Mr. GRASSLEY. Mr. President, I ask tions have made in helping ease human suf- onment and his secretary to 3 years in pris- unanimous consent that the committee fering. on. Other persons from his former television

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.004 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29051 station, who resigned in protest in 1997 when it would undertake an autonomous mission the desirability of our European Allies the station was taken away, also have had through the European Security and Defense conducting operations in their own various charges leveled against them and Identity only after the North Atlantic Trea- backyard. I have long been a supporter ty Organization had declined to undertake complain of telephone threats and surveil- of the ESDI and I am a supporter of the lance by persons in unmarked cars’’: Now, that mission; therefore, be it In section 1(b)(5), strike ‘‘must’’ and insert U.S.-sponsored Defense Capabilities Resolved, ‘‘should’’. Initiative that was recently adopted by SECTION 1. SENSE OF THE SENATE ON ANTI- Mr. LEVIN. Mr. President, I wish to NATO. NATO’s Operation Allied Force DEMOCRATIC MEASURES BY THE explain my amendment to S. Res. 208 demonstrated a capabilities gap be- GOVERNMENT OF PERU. expressing the sense of the Senate on tween the United States and our NATO It is the sense of the Senate that— United States policy toward NATO and Allies. I welcome the stated determina- (1) the erosion of the independence of judi- tion of our European Allies to develop cial and electoral branches of the Govern- the European Union and my own per- ment of Peru and the blatant intimidation of sonal view regarding the desirability of the capability to act on their own. I journalists in Peru are matters of serious our European Allies conducting oper- welcome the fact that they are pro- concern to the United States; ations in their own backyard. viding more than 80 percent of the (2) efforts by any person or political move- My amendment makes three impor- forces participating in the NATO-led ment in Peru to undermine that country’s tant changes to the language of the Kosovo Force. I would welcome it if constitutional order for personal or political resolution as reported out by the For- our European Allies would handle the gain are inconsistent with the standard of eign Relations Committee. next crisis that develops in Europe. I representative democracy in the Western First of all, the amendment sub- would be happy if the United States’ Hemisphere; (3) the Government of the United States stitutes ‘‘the’’ for ‘‘its’’ before ‘‘Euro- contribution was limited, for instance, supports the effort of the Inter-American pean Security and Defense Identity’’ to to providing such things as command Commission on Human Rights to report on make the point that the European Se- and control, communications, and in- the pattern of threats to democracy, freedom curity and Defense Identity, or ESDI, telligence support and I would be even of the press, and judicial independence by is being developed within, not outside, more pleased if the United States the Government of Peru; and the NATO Alliance. This simple fact is didn’t have to provide any support and (4) systematic abuse of the rule of law and enshrined in a number of North Atlan- our European Allies were capable of threats to democracy in Peru could under- tic Council communiques and declara- handling a crisis on their own. mine the confidence of foreign investors in, as well as the creditworthiness of, Peru. tions, starting with the Declaration of I have characterized the United SEC. 2. TRANSMITTAL OF RESOLUTION. Heads of State and Government issued States as being a junior partner and The Secretary of the Senate shall transmit at the Council meeting in Brussels on the European Allies being the senior a copy of this resolution to the Secretary of June 11, 1994. This is important because partner in the KFOR peacekeeping mis- State with the request that the Secretary the development of the ESDI within sion. I know that there are many peo- further transmit such copy to the Secretary the Alliance means that, as the 1994 ple, including some within the Admin- General of the Organization of American Brussels Declaration stated, ‘‘NATO istration who don’t like that charac- States, the President of the Inter-American will remain the essential forum for terization, but I see nothing wrong Development Bank, and the President of the consultation among its members and with it. International Bank for Reconstruction and Development. the venue for agreement on policies Mr. President, the United States bearing on security and defense com- Congress for years has urged Europe to f mitments of Allies under the Wash- play a greater role in its own defense UNITED STATES POLICY TOWARD ington Treaty.’’ and to bear more of the collective secu- NATO AND THE EUROPEAN UNION Next, my amendment deletes the ref- rity burden in NATO. I, for one, can Mr. GRASSLEY. Mr. President, I ask erences to NATO being ‘‘offered the op- take yes for an answer. unanimous consent that the Senate portunity to undertake the mission’’ Mr. GRASSLEY. Mr. President, I ask proceed to the immediate consider- and then that NATO ‘‘referred it to the unanimous consent that the amend- ation of calendar No. 377, S. Res. 208. European Union for action.’’ The first ment be agreed to, the resolution and The PRESIDING OFFICER. The point here is that on one has to offer a preamble be agreed to en bloc, the mo- clerk will report the resolution by mission to NATO; the North Atlantic tion to reconsider be laid upon the title. Council is in permanent session so that table, that any statements relating The legislative clerk read as follows: it can continuously review events that thereto be placed in the RECORD as if A resolution (S. Res. 208) expressing the could impact on stability in the Euro- read in the appropriate place. sense of the Senate regarding United States Atlantic area and can react to them, if The PRESIDING OFFICER. Without policy toward the North Atlantic Treaty Or- necessary. Consequently, it doesn’t objection, it is so ordered. ganization and European Union, in light of have to be offered an opportunity to The amendment (No. 2776) was agreed the Alliance’s April 1999 Washington Summit undertake a mission; it has that re- to. and the European Union’s June 1999 Cologne sponsibility and the means to effect it The resolution, as amended, was Summit. on a continuing basis. The next point is agreed to. There being no objection, the Senate that NATO doesn’t refer a mission to The preamble was agreed to. proceeded to consider the resolution. the European Union; the EU will un- The resolution, with its preamble, AMENDMENT NO. 2776 doubtedly have been following such an reads as follows: (Purpose: To make technical amendments) event on its own and won’t need a re- [The resolution was not available for Mr. GRASSLEY. Mr. President, I ferral from NATO to do so. And the printing. It will appear in a future edi- send an amendment to the desk and final and perhaps most important point tion of the RECORD.] ask for its immediate consideration. is that this change removes the con- f notation that somehow the European The PRESIDING OFFICER. The ORDERS FOR TUESDAY, Union is subservient to NATO. clerk will report. NOVEMBER 9, 1999 The legislative assistant read as fol- The last change is to simply sub- lows: stitute ‘‘should’’ for ‘‘must’’ in the sub- Mr. GRASSLEY. Mr. President, I ask The Senator from Iowa [Mr. GRASSLEY], for paragraph relating to the implementa- unanimous consent that when the Sen- Mr. LEVIN, proposes an amendment num- tion of the European Union’s Common ate completes its business today, it ad- bered 2776. Foreign and Security Policy. This will journ until the hour of 9:30 a.m. on The amendment is as follows: avoid the connotation that the United Tuesday, November 9. I further ask In section 1(b), strike paragraph (1) and in- States is dictating to an organization consent that on Tuesday, immediately sert the following: of sovereign states. following the prayer, the Journal of (1) on matters of trans-Atlantic concern, Finally, Mr. President, I want to ex- the proceedings be approved to date, the European Union should make clear that press my own personal view concerning the morning hour be deemed to have

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.004 S08NO9 29052 CONGRESSIONAL RECORD—SENATE November 8, 1999 expired, the time for the two leaders be I remember one of the interviewees wasn’t done in the dead of night. It was reserved for their use later in the day, in particular, in effect, saying, ‘‘What part of the budget debate. A majority and the Senate then resume debate on are they so busy fussing about in Wash- in the Senate is now on record. S. 625, the bankruptcy reform bill, ington, DC, that they can’t find the It is a plan that I think unleashes the under the previous order. time to deal with an issue so important forces of the marketplace. It is built on The PRESIDING OFFICER. Without to millions of older people?’’ I think the model from which Members of Con- objection, it is so ordered. that person who got interviewed pretty gress get their health care, the Federal Mr. GRASSLEY. Mr. President, I ask much summed it up. Employees Health Benefits Plan. It is unanimous consent that the Senate I have been coming up to the floor of called the SPICE Program, the Senior stand in recess from the hours of 12:30 the Senate over the last 2 or 3 weeks in Prescription Insurance Coverage Eq- p.m. to 2:15 p.m. tomorrow for the an effort to try to bring folks’ atten- uity Act. It gives seniors the kind of weekly policy conferences to meet. tion, both in the Senate and in our bargaining power that some of these The PRESIDING OFFICER. Without country, that there is bipartisan legis- big purchasers such as the health objection, it is so ordered. lation to cover the question of pre- maintenance organizations have. scription drugs for older people, and to f Right now, seniors with prescriptions talk about why it is so important. As get hit by sort of a double whammy. PROGRAM part of that effort, as you can see in First, Medicare doesn’t cover pre- Mr. GRASSLEY. Mr. President, for the poster next to me, I have been urg- scriptions. It hasn’t since the program the information of all Senators, the ing that seniors send in copies of their began in 1965. Senate will resume consideration of prescription drug bills—actually send Second, when a senior citizen walks the bankruptcy bill at 9:30 on Tuesday. in copies of their prescription drug into a drugstore, walks into their There will be 1 hour of debate on the bills to those of us in the Senate in neighborhood pharmacy, in effect that pending minimum wage and business Washington, DC. I have been getting a senior has to pay a premium for their cost amendments, with votes scheduled great many of these bills. I have been prescription drugs because the big buy- to occur at 10:30 a.m. Further amend- coming to the floor on a number of oc- ers actually get discounts. ments are expected to be offered and casions and actually reading from You have these health care plans. debated and therefore votes are ex- these bills because I think it helps to You have health maintenance organi- pected throughout tomorrow’s session drive home what we saw in the news- zations. You have the big buyers going of the Senate. Senators can also antici- papers all across the country this out and negotiating discounts. Then pate votes regarding the appropriations weekend, and that is that we have to senior citizens walk into the pharmacy process prior to the Veterans Day re- come up with a bipartisan plan to meet in their community in effect having to cess. these needs of vulnerable elderly peo- pay a premium and in effect sub- ple. sidizing the big buyers in town who get f So tonight I am going to read from these discounts. ORDER FOR ADJOURNMENT some of the letters that I am receiving I am often asked whether our coun- from older people at home in Oregon. try can afford to cover prescription Mr. GRASSLEY. If there is no fur- Four letters in particular struck me as drugs for the Nation’s older people. My ther business to come before the Sen- particularly compelling in recent days. response is that America can’t afford ate, I now ask that the Senate stand in I have heard from folks in North Bend, not to cover these prescription drugs adjournment under the previous order Redmond, Roseburg, and Milwaukie in because so many of these drugs at this following the remarks of the Senator the metropolitan area of our State. All time are essentially ones that help from Oregon, Mr. WYDEN. of them essentially make the same keep older people well. They help keep The PRESIDING OFFICER. Without kind of case, and that is that so many them healthy—lower blood pressure, objection, it is so ordered. seniors are walking on an economic deal with cholesterol problems—and Mr. WYDEN. Mr. President, I ask tightrope. They are balancing food keep seniors from getting sick and unanimous consent to speak for up to costs against the fuel costs and the fuel landing in the hospital where they need 20 minutes in morning business. costs against their medical bills. With very expensive services from what is The PRESIDING OFFICER. Without so many being unable to afford their called the Part A program of Medicare, objection, it is so ordered. prescriptions, they are writing and say- the hospital institutional part. f ing they can’t afford to wait for an- I have cited on several occasions on other election, the 2000 election, to re- the floor of the Senate anticoagulant THE SPICE ACT solve this issue. They have been read- drugs because I think they best illus- Mr. WYDEN. Mr. President, the ing these articles with Members of trate how serious the problem is and newspapers of the Nation this weekend Congress saying that it is too com- why it needs a bipartisan solution were filled with stories about the poli- plicated to tackle now. It is too dif- along the lines of the Snowe-Wyden tics of prescription drug coverage for ficult to get a consensus. I just don’t bill. It makes some sense. These anti- the Nation’s elderly. One poll after an- think that is the case. coagulant drugs might cost in the vi- other said that the question of cov- There is a bipartisan bill now before cinity of $1,000 a year to cover the ering prescription drugs for seniors was the U.S. Senate. It is one that was needs of an older person. But if with one of the top three concerns of mil- drafted by the distinguished senior anticoagulant medicine we can prevent lions of Americans—not just seniors, Senator from Maine, OLYMPIA SNOWE, this debilitating injury, that could but people of all ages. And then, in ad- and myself. We got 54 votes for it on save in the vicinity of $100,000. That dition to all the polls and surveys that the floor of the Senate. A majority of would be expenses incurred when an were published this weekend, some of Members of the Senate voted in a spe- older person suffers a stroke. our most distinguished political jour- cific way to fund the prescription drug Think of that: $1,000 for an anti- nalists were out across the country benefit for the Nation’s older people. coagulant medicine, and as a result of interviewing people in America asking So it is just not right to say that there a senior being able to afford that, very them what they thought about Con- is no consensus, there is no way to often that person can stay healthy and gress’ handling of the prescription drug bring Senators of both political parties keep from being struck by debilitating issue. And one interview after another together on this issue. It is just factu- stroke and incurring $100,000 in ex- essentially has seniors and families really wrong. Fifty-four Members of the penses that would come about as a responding that they could not figure out Senate have said that they would vote sult of that illness. why the Congress in Washington, DC, for a specific approach to funding a I hope seniors will continue to write could not tackle this issue in a bipar- drug benefit for the Nation’s older peo- to me and to other Members of the tisan way. ple, and it was a bipartisan vote. It Senate, as this poster says. We hope

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.004 S08NO9 November 8, 1999 CONGRESSIONAL RECORD—SENATE 29053 they will send us copies of their pre- pay for a prescription for glucophage, talk about it in 2001, but with a year to scription drug bills and actually send they are going to suffer some very seri- go until election, we ought to roll up copies of how they are affected to each ous health problems as a result. our sleeves and come up with a bipar- of us here in the Senate in Washington, I cited examples at the end of last tisan plan to address these needs. DC. week. Until that time, I hope seniors will I want to take just a minute or two There are seniors at home in Oregon continue to send copies of their pre- now to read from some of the letters I who have prescriptions their doctor scription drug bills to each Senator. I have received in the last few days. wrote out for drugs such as that, and am particularly anxious to have them. One of the first is a letter I received they simply could not afford to have Send them to our offices in Wash- from an older couple in North Bend. them filled. They were hanging on to ington, DC. I will keep coming to the The spouse is 73. Her husband is 77. the prescription hoping that sometime floor of this body, reading from letters They report that they have about down the road they would get the funds from folks, including this 91-year-old $18,000 a year in Social Security in- to be able to afford their prescriptions. who cannot afford next month’s income and spend about $2,000 of it on That is the kind of case we are hear- crease in prescription drugs, folks who their prescription drugs. They have a ing about from the Nation’s older peo- cannot pay for their diabetes medicine Blue Cross plan. It doesn’t cover any of ple. and are likely to get much sicker as a their prescriptions—none of them. I hope folks who are listening in to- result. I intend to keep coming to the I think this is really sort of typical night will see, as this poster says, that floor of this body, reading from those of what I have been hearing from sen- we hope to hear from more of them. We letters, and doing everything I can to ior citizens across our State. would like for them, as this poster try to bring the Senate together Here is a copy of what these bills says, to send copies of their prescrip- around bipartisan legislation to meet look like for folks who are thinking tion drug bills directly to us in the the needs of our elderly. about sending them to us. This one Senate in Washington, DC. The approach behind the Snowe- comes from North Bend, OR. It comes I intend to keep coming to the floor Wyden legislation does not involve from the Safeway pharmacy there in of this body and going through some of price controls. We have a lot of Sen- North Bend. An older couple points out these cases in the hopes that this can ators legitimately concerned about in a letter to me that they simply are pique the conscience of the Senate for that. It is not a one-size-fits-all Fed- not going to be able to afford what bipartisan action. eral regime. It is a model based on they are told is going to be the next in- Finally, tonight I have one other bill something we all know well. That is crease. They are told that next month that struck me as so poignant and real- the Federal Employees Health Benefits their bills are going to go up again on ly summing it up. It comes from an Plan. In fact, the SPICE Program that top of what I have cited they are hav- older man who sends his wife’s moth- Senator SNOWE and I have drafted is a ing to pay for over-the-counter medica- er’s bill because she is 91 and she is senior citizens version of the Federal tions as well. Compared to some of spending about $400 per month on pre- Employees Health Benefits Plan. We their friends, they are not what they scription medicines. The letter says are convinced it can work for the Na- call ‘‘pill takers.’’ With an income of this is outrageous for a 91-year-old per- tion’s older people. $18,000 a year, think of having to spend son, a person who is on a fixed income, I hope we will not pass up this opportunity to address these heartfelt con- about $2,000 of it on prescription drugs, to have to pay. She is 91 years old. The cerns that seniors are passing on. I and that doesn’t even count for what list goes on for pages. hope we will not say this issue is too they spend on over-the-counter medica- I am going to wrap up tonight by say- complicated for the Senate to act. We tions. Their bills are going up again ing it would be one thing if you may be leaving in a few days, but there next month. couldn’t bring Senators together will be an opportunity in the days These are the kinds of people to around an important issue and simply ahead to bring Senators of both polit- whom I think the Senate ought to be not find any consensus whatsoever. ical parties together and fashion legis- listening. That is not the case with respect to lation that is responsive to the coun- Another letter I received in the last the Snowe-Wyden legislation. The sen- try’s older people. I am convinced older few days comes from an older couple in ior Senator from Maine and I have people cannot afford to wait another Redmond. They sent me this bill for teamed up on a bill that is modeled year, wait another year for politicking the month of October. Just for the after the kind of health care Members and debates to go forward. Certainly, month of October, colleagues who of the United States Senate receive. based on the kinds of bills, as the bill maybe listening in—$282 a month just Mr. President, 54 Members of the I read from, including the 91-year-old for the month of October from an older Senate, as part of the budget debate, senior spending $400 a month, she can- couple in Redmond. They went to the said they would vote for a way to pay not afford to wait, at 91, for another Rite-Aid Pharmacy in a mall in for the plan. We are seeing these polls year of electioneering. I believe when Redmond. They are faced now with the and interviews along the lines of what there is a bipartisan bill before the prospect of having to spend $282 a I cited. Newspapers were filled this Senate, she shouldn’t have to wait. month all year round on their prescrip- weekend with folks saying, why can’t I will continue to read from these let- tions, and, suffice it to say, they too the Senate act? That is the question: ters. I hope folks will send copies of are asking why it is that the Congress, Why can’t the Senate act when there is their prescription drug bills. We need and the Senate specifically, isn’t being a bipartisan bill? to act on this matter. We saw again responsive. Here is a third bill I re- The SPICE legislation, the Senior this weekend how important it is to ceived in the last few days. This is Prescription Insurance Coverage Eq- the American people. I will be coming from an older woman who is spending uity Act, is legislation I believe can back to this floor again and again and close to $300 a month on her prescrip- move forward because it is bipartisan. again until we get bipartisan action on tion drugs at the Wal-Mart in Certainly, our colleagues have other this urgent matter for millions of the Roseburg. ideas about how to proceed. Senator Nation’s older people. This is again the kind of real-life SNOWE and I are anxious to hear from I yield the floor. case to which I think the Senate ought them with respect to their approach. f to be paying attention. They are just What is important is that the Senate sending us now copies of their bills. stop ducking this issue. The Senate ADJOURNMENT UNTIL 9:30 A.M. These are not drugs that are uncom- ought to say we are now going to rec- TOMORROW mon. Glucophage, for example, for a lot ognize how serious these concerns of The PRESIDING OFFICER. Under of seniors is an essential medicine be- the Nation’s older people are and not the previous order, the Senate stands cause it helps them with their diabetes. just put them off and say it is too com- in adjournment until 9:30 a.m., Tues- When senior citizens can’t afford to plicated to deal with now and we will day, November 9, 1999.

VerDate jul 14 2003 13:47 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\BR99\S08NO9.004 S08NO9 29054 CONGRESSIONAL RECORD—SENATE November 8, 1999 Thereupon, the Senate, at 8:16 p.m., NOMINATIONS BOARD FOR A TERM EXPIRING DECEMBER 31, 2004, VICE ROBERT TALCOTT FRANCIS II. adjourned until Tuesday, November 9, Executive nominations received by 1999, at 9:30 a.m. the Senate November 8, 1999: DEPARTMENT OF JUSTICE NATIONAL TRANSPORTATION SAFETY BOARD DONALD W. HORTON, OF MARYLAND, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA FOR CAROL JONES CARMODY, OF LOUISIANA, TO BE A MEM- THE TERM OF FOUR YEARS, VICE HERBERT M. RUTHER- BER OF THE NATIONAL TRANSPORTATION SAFETY FORD III, TERM EXPIRED.

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POST OFFICE NAMING IN more City Public School System, Judge Cole manuel United Methodist Church building may BALTIMORE, MARYLAND graduated from Morgan State University in have moved around Eastpointe several times 1943. While at Morgan, he was the President since its founding as the Roseville German HON. ELIJAH E. CUMMINGS of the Student Council, and Founder and first Methodist Church in 1849, but its congregation OF MARYLAND Editor-in-Chief of the Spokesman College has stood its ground in the community for all IN THE HOUSE OF REPRESENTATIVES Newspaper. A World War II veteran, Judge of its 150 years. Cole graduated from the University of Mary- The church conducted its services in Ger- Friday, November 5, 1999 land School of Law and practiced criminal and man until 1923, helping establish an identity Mr. CUMMINGS. Mr. Speaker, I am pleased civil rights law. for the German immigrants that settled in the to introduce this bill to designate five United The ‘‘Frederick L. Dewberry, Jr. Post Office area. As the population changed, so did the States Postal Service buildings after five indi- Building’’ will be located at 1001 Frederick church which has evolved to meet the needs viduals who made significant contributions to Road, in Baltimore, Maryland. of the community. The church can credit its Baltimore and the State of Maryland. Frederick L. Dewberry, Jr. was born and longevity to the teaching ‘‘Do unto others as I believe that persons who have made raised in Baltimore City. He is a graduate of you would have done unto you’’. Immanuel meaningful contributions to society should be Loyola College and received a law degree United Methodist Church has never focused recognized and honored. The naming of a from the University of Baltimore. A World War on itself, but through its good works has es- postal building in one’s honor is truly a salute II veteran, Mr. Dewberry held the post of tablished itself as an anchor to the Eastpointe to their accomplishments and public service. Chairman of the Baltimore County Council community. These individuals are Samuel Lacy, Judge from 1964 to 1966. From 1979 to 1984, Fred- The original structure stood on what is now Robert Bernard Watts, Judge Harry Augustus erick Dewberry was the Deputy Secretary of the grounds of the Eastpointe Police Station, Cole, Frederick Dewberry, Jr., and Flossie the Maryland Department of Transportation. where the original cemetery still sits. The McClain Desmond. The ‘‘Dr. Flossie McClain Desmond Post Of- structure built in 1874 was well known for the I will give a brief biographical description of fice Building’’ will be located at 1908 North lighted revolving cross that could be seen for the individuals and the locations of the post of- Ellamont Street, in Baltimore, Maryland. miles atop the church steeple. It became fice being named. Dr. Flossie McClain Desmond earned a known as ‘‘The Church of the Revolving The ‘‘Samuel H. Lacy, Sr. Post Office Build- bachelor’s degree in English from Fisk Univer- Cross’’. ing’’ will be located at 919 West 34th Street, sity, received a Master’s degree from Colum- When the state chose to widen Gratiot Ave- Baltimore, Maryland. bia University and pursued post graduate nue in 1933, the church moved to its present Samuel H. Lacy was a renowned sports studies at Ohio State University and Catholic site and added an educational unit in 1956. writer and editor for the Baltimore Afro-Amer- University of America. She served in teaching Today, the church’s 450 members are quite ican Newspaper since 1944. He spent 60 and administrative positions at Allen Univer- proud of the well-known stained glass window years in journalism, working with radio, tele- sity, Benedict College, Knoxville College, Mor- picturing Christ as ‘‘The Good Shepherd’’. The church is in fact a good shepherd to our com- vision, and the print media. gan State University, and Coppin State Col- munity. The congregation provides an emer- The ‘‘Judge Robert Bernard Watts, Sr. Post lege. Dr. Desmond spent 31 years working at gency food pantry, furnishes weekly meals to Office Building’’ will be located at 3500 Coppin State College, where she served in a local warming shelter, and supplies salary Dolfield Avenue, Baltimore, Maryland. numerous roles. Upon her retirement, the Judge Robert Bernard Watts, Sr. was the support for a mission in Africa. honor of ‘‘Dean Emeritus’’ was bestowed upon Since the days when the area was known first African-American to be appointed full time her. In 1993, Coppin’s first residence hall was to the Bench of the Municipal Court of Balti- as ‘‘bush territory’’ wild and unsettled, the named after her and is called, ‘‘The Flossie M. church has been a part of our community, and more City. Judge Watts, who was born in Desmond Center For Living and Learning.’’ A West Baltimore, graduated with honors from we all look forward to many, many more years talented musician, Dr. Desmond composed of service and dedication. Please join me in Morgan State College in 1943 and then the Alma Mater for Allen University and the served in the Army until 1945. He earned a wishing all the best to the Immanuel United song is still in use today. Methodist Church on its 150th anniversary. law degree from the University of Maryland in Muhammad Ali, the greatest boxer of all f 1949. Judge Watts was at the center of the time once said that ‘‘service to others is the Civil Rights Movement and worked closely rent you pay for your room here on earth.’’ TRIBUTE TO ANGELO STATE with the NAACP. His dedication to civil rights Samuel Lacy, Judge Robert Bernard Watts, UNIVERSITY led him to a long working relationship with the Judge Harry Augustus Cole, Frederick Dew- late Justice Thurgood Marshall. Judge Watts berry, Jr., and Flossie McClain Desmond have HON. CHARLES W. STENHOLM was instrumental in desegregating numerous paid their rent. I am honored to submit this theaters, restaurants, department stores, ho- OF TEXAS legislation saluting five people from my district IN THE HOUSE OF REPRESENTATIVES tels and the Gwynn Oak Amusement Park. who spent their lives giving service to others. Friday, November 5, 1999 Watts was the first judge in Maryland to open I urge my colleagues to support this worth- hundreds of adoption records reuniting numer- while measure. Mr. STENHOLM. Mr. Speaker, I rise today ous families. to recognize an outstanding educational insti- f The ‘‘Judge Harry Augustus Cole Post Of- tution in the 17th District of Texas. Angelo fice Building’’ will be located at 900 E. Fayette CELEBRATING THE 150TH ANNI- State University in San Angelo, Texas, pro- Street, Baltimore, Maryland. VERSARY OF IMMANUEL UNITED vides top rate education to students from Judge Harry Augustus Cole was the first Af- METHODIST CHURCH across Texas, the United States and the rican American Assistant Attorney General in world. The University will be completing con- Baltimore City, the first African American to be HON. DAVID E. BONIOR struction of its Rao Alumni and Visitors Center elected to the State Senate of Maryland, the OF MICHIGAN in 2001. first Chairman of the Maryland Advisory Com- Last Friday, during homecoming festivities, IN THE HOUSE OF REPRESENTATIVES mittee to the United States Civil Rights Com- a time capsule was dedicated and buried by mission, and the first African American to be Friday, November 5, 1999 the Alumni Association. This time capsule named to Maryland’s highest court, the Mary- Mr. BONIOR. Mr. Speaker, today I rise to serves as a symbol of the University’s commit- land Court of Appeals. Educated in the Balti- recognize a truly remarkable church. The Im- ment to the future. Included in the capsule

● 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 jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29056 EXTENSIONS OF REMARKS November 8, 1999 was a flag flown over the Capitol as our dedi- tion, The Gambia’s Civil Aviation Authority A TRIBUTE TO SENIORS HELPING cation to future generations. (GCAA) works closely with the United Space PEOPLE The capsule will be opened during the Alliance, which is responsible for operating the homecoming celebration in 2025. Transoceanic Abort Landing (TAL) sites for HON. RANDY ‘‘DUKE’’ CUNNINGHAM I would like to submit for the RECORD a copy every NASA space shuttle mission. OF CALIFORNIA of a resolution that I offered the University on IN THE HOUSE OF REPRESENTATIVES this very special occasion. Mr. Speaker, I would like to commend It is my hope that this nation and my home NASA and President Jammeh for their co- Friday, November 5, 1999 state of Texas will continue to honor univer- operation, and I strongly encourage them to Mr. CUNNINGHAM. Mr. Speaker, I rise sities like Angelo State University that have continue to work together in the future. today to pay tribute to Al Graff and Dick dedicated themselves to providing the best Wheelock for their humanitarian contributions possible education to its students. f to our local community. The article below from the June 17, 1999, Coast News highlights RESOLUTION A TRIBUTE TO ROY QUICK OF their tremendous accomplishments in pro- Whereas, Angelo State University will QUICK TAX & ACCOUNTING viding health care to the uninsured in San complete construction of its Rao Alumni and SERVICE ON SELECTION TO THE Visitors Center in 2001; and Diego County. Mr. Graff and Dr. Wheelock de- Whereas, This center will serve as a link to INTERNAL REVENUE SERVICE serve our sincere congratulations for their ef- the future and the past of Angelo State Uni- ADVISORY COUNCIL forts. They should be proud of their work, and versity, welcoming both new students and its I am proud to have such fine individuals as alumni; and constituents. Whereas, Angelo State University has HON. JAMES M. TALENT made an ongoing commitment to the future [From the Coast News, June 17, 1999] by providing a top rate education to students OF MISSOURI RETIRED FRIENDS TENDING TO THE PEOPLE’S NEEDS from across Texas, the United States and the IN THE HOUSE OF REPRESENTATIVES world; and By Jack Broward Whereas, The dedication of this time cap- Friday, November 5, 1999 EDEN GARDENS—There is no more appro- sule by the Alumni Association serves as a priate term in describing Al Graff, 80, and his symbol of Angelo State’s commitment to the Mr. TALENT. Mr. Speaker, I rise today to partner Dick Wheelock, 73, than synergism: future; and congratulate a resident of Missouri’s 2nd Dis- working together as a team, they exceed Whereas, We included in this capsule a flag what could otherwise be achieved individ- flown over our nation’s capitol on October 4, trict and a friend—Mr. Roy M. Quick, Jr. on his selection to serve as a member of the Internal ually. 1999, as symbol of our dedication to those fu- Yet, judged individually, Graff stood at the ture generations who will open it during the Revenue Service Advisory Council (IRSAC). very pinnacle of his engineering profession 2025 Angelo State University homecoming Roy, who is a small business owner back as an executive with General Atomics before celebration, be it home in St. Louis, runs Quick Tax and Ac- retirement in 1983 as director of Inter- Resolved, That I, Charles W. Stenholm, as counting Service with his wife Edith. national Operations. Congressman for the 17th District of Texas, Dr. G. Richard Wheelock, founding Medical do officially recognize and extend my best The primary role of the IRSAC is to advise Director in 1955 of the Del Mar Medical Clin- wishes on the dedication of this capsule by the Commissioner of the IRS on the public’s ic, was for the seaside community of Del the Angelo State University Alumni Associa- perceptions of IRS activities and current and Mar, only the area’s second medical doctor tion and that an official copy of this resolu- future tax administration programs and initia- to practice there at that time. It was not tion be presented to the University and tives. As a Member of Congress who attends long before Wheelock’s medical colleague re- Alumni Association as an expression of my tired, leaving him as the only physician in high regards for their efforts. many town hall meetings, women in chamber town. CHARLES W. STENHOLM, and business roundtable events back home, I Like all areas of North San Diego County’s Member of Congress. can tell you that this is definitely an area coastal region, the climate, lifestyles and in- f where the IRS has plenty of room for improve- formality attracted tens of thousands of new ment. The group suggests operational im- residents. In time, new doctors, joined the COOPERATION BETWEEN THE provements and offers constructive observa- clinic as patient load increased. GAMBIA AND NASA In retrospect, Wheelock thinks now that tions about current or proposed policies, pro- he might have never retired without the re- grams and procedures. In essence, the men tirement party that his wife threw for him HON. DAN BURTON and women who sit on this Council could be without advance notice! OF INDIANA called the inner voice of the IRS. For as many years as he can remember, IN THE HOUSE OF REPRESENTATIVES Rancho Santa Fe resident Al Griff has been While I am proud to announce the selection an advocate for social justice, a calling he Friday, November 5, 1999 of Roy Quick to the IRSAC, I am especially refers to as ‘‘the needs of the people’’ Mr. BURTON of Indiana. Mr. Speaker, I rise pleased by the fact that seven of the new The Berkeley graduate forged over the today to highlight for my colleagues the contin- IRSAC members are small business owners. years, a dedication to social justice that ued cooperation between The Gambia and the For too long, small business owners have not eventually manifested itself in his ordination as a deacon at Solna Beach’s St. James National Aeronautics and Space Administra- had a seat at the table when talking about the Catholic church. His new role in life began tion (NASA). The Gambia’s President, Dr. complex regulatory and tax issues that leave the day after his retirement in 1983. Yahya Jammeh, recently completed his first them in a quagmire of compliance paperwork. The plot thickens with Wheelock’s retire- visit to the United States as head-of-State, I am hopeful that with seven of the fourteen ment from practice in Del Mar after 44 years and I had the opportunity to meet with him slots on the IRSAC now being held by small as ‘‘the village doctor.’’ personally to discuss issues of mutual interest. Graff’s good health, agile mind and aggres- business owners that these men and women sive spirit were the elements key to the ulti- The Banjul Airport has been among four se- will offer guidance and a real life perspective lect locations in the world designated as aug- mate establishment of a medical clinic here to the decision-making process that affects in Eden Gardens. mented emergency landing sites and recovery more than 12 million small business owners His lengthy friendship with Wheelock in- locations for the United States Space Shuttle. across the nation. cluded participation in community efforts to NASA space shuttles, launched eastward in a aid the poor and needy residents of Tijuana, ballistic trajectory over the Atlantic Ocean, fly Mr. Speaker, as Chairman of the House ‘‘We were returning from Tijuana one Satur- directly over Banjul, thus making it an ideal lo- Committee on Small business, I ask all of you day afternoon after delivering medical sup- cation for emergency landings if needed. to join me in offering not only our congratula- plied donations from area hospitals in the re- Banjul International Airport (BIA) boasts an tions but our appreciation to these men and gion,’’ recalls Graff, ‘‘Dick asked me what I women—the small business owners like Roy thought about opening a small clinic adjoin- ultra-modern $10 million passenger terminal, a ing St. Leo’s Mission.’’ new nine-floor Air Traffic Control Tower, newly Quick—who every day are working to keep Through arrangements made by St. James installed security systems, and upgraded air- America’s engine—small business—running Pastor, the Reverend John Howard (St. Leo’s field lighting and navigation systems. In addi- and on course to a better tomorrow. Mission is a subsidiary of St. James), it was

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00002 Fmt 0689 Sfmt 0634 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29057 agreed that a clinic was needed. The Mission, In its mission statement accompanying the new clinic, there has likely been restored in located on some four acres of property, is a report, it is also noted that the clinic pre- the career of Dick Wheelock, a sense of pick- focal point of community life in Eden Gar- sents ‘‘no competition with medical, dental ing up where he left off so many years ago, dens. Social as well as religious events draw or hospital professions, but a relief of a bur- during the infancy of his Del Mar Clinic. parishioners to the facility for wide ranging den of caring for the working poor.’’ Says his partner. ‘‘Dick Wheelock is deeply activities throughout the week. States Deacon Graff, ‘‘We estimate about devoted to his profession and those who look ‘‘We situated the clinic in a single room in $600,000 yearly in services and medicines as to him for relief from pain. He has great em- the back of the church, using the kitchen fa- well as specialized requirements (provided at pathy for his fellow human being.’’ cilities as a patient waiting room.’’ Dick no cost by other medical institutions) are Which makes this story all the more re- Wheelock recalls, telling how, in 1992, the provided for our patients free from any im- markable is that two individuals in totally clinic’s presence was a ‘‘word-of-mouth’’ op- pact on local, state or federal government re- different professions would become friends in eration. sources. Because St. Leo’s Mission is the later life, then partners in an endeavor Sunday Mass announcements included (and sponsoring agency, our patients accept our whose function is enriched with feelings of still do) a run-down about clinic hours, spe- services as they do in all other church-spon- warmth, compassion and love for those less cial education awareness programs, vaccina- sored benefits.’’ fortunate than themselves. tions for babies, a yearly mammogram pro- Among the clinic volunteers on duty dur- f gram for women over 40 years of age as well ing my visits was Dr. Marsha Blount, a resi- as numerous other special programs offered dent family practice physician at Sharp’s. ENTERPRISE ZONE/EMPOWERMENT by the clinic. In a short time, the clinic pa- Rounding out a full year of service, the tient load outgrew its single-room operation. North Carolina native and graduate of Duke COMMITTEES PROGRAM The addition of two more small rooms plus University and Jefferson Medical School in an indoor patient waiting room that also Philadelphia, commented to me, ‘‘You learn HON. DONNA MC CHRISTENSEN serves as the filing-administration section to think on your feet here. It is hands-on ex- OF THE VIRGIN ISLANDS was eventually provided. perience that would otherwise be hard to Thursday evenings from 6–9 p.m. and Sat- gain.’’ IN THE HOUSE OF REPRESENTATIVES urday mornings from 9 until noon are the Another resident physician at Sharp’s, Jill Monday, November 8, 1999 current scheduled hours of operation. But I Panitch, agreed with her colleague and told noticed in visits for this story, that the med- how second and third-year resident physi- Mrs. CHRISTENSEN. Mr. Speaker, I rise ical staff, comprised of Wheelock and an all- cians volunteer one year of service to the today to introduce a bill to authorize the Virgin volunteer team of area physicians, medical clinic. Islands and the others U.S. Insular Areas to students from UCSD, nurses, technicians and Michael Tilton, an undergraduate medical participate in the Enterprise Zone/Empower- administrative personnel remained at the student at UCSD has been volunteering his ment Communities Program. clinic as long as patients were waiting to be services for the past 18 months. And fifty- The U.S. Virgin Islands has been an unin- seen. year, now-retired nurse Martha Moyer, a Del corporated territory of the United States for 82 ‘‘From the beginning, we realized the need Mar resident, explained between treating pa- years. In 2017 we will celebrate the centennial for dispensing dignity and integrity along tients that the clinic tries to serve the work- with medical treatments,’’ notes Graff, ex- ing poor from Del Mar to Encinitas. She re- of this relationship. It is important to the Peo- plaining that the $5 per-patient ‘‘donation’’ calls in 1992 reading about the clinic that ple of the Virgin Islands that we begin the sec- may only be a token exchange for services was intended to open at St. Leo’s in Eden ond one-hundred years on a sound economic and payment. ‘‘But, this helps preserve the Garden. ‘‘That’s how I wound up as a volun- footing, and as a self-sustaining, contributing patient’s dignity. Those unable to pay are teer.’’ member of the American Family. This bill can treated with equal respect and medical care. It is reflection of my limited abilities to be the vehicle to this economic empowerment All examinations, medications and related not include in this story all of the names of and sustainable growth and development. services are free. But the $5 fee creates a clinic volunteers. The redeeming quality Although the Virgin Islands enjoys generous fund used for the purchase of logistical needs about their service, though, is that they not donated by outside sources,’’ Graff ex- serve—at no cost—because they are needed. business tax benefits currently, the loss of plains, noting that the clinic’s overall oper- Fulfillment, professional and personal, is Section 936 and the coming of NAFTA create ations are supported by grants that he ap- their reward. significant challenges as we strive to establish plies for and receives from a variety of insti- Already on the drawing board at the clinic our place in the national and world economy. tutions and non-profit organizations. is a 600 square-foot dental facility to be con- An empowerment zone would encourage an With diabetes within Hispanic commu- structed by volunteer labor and funds sup- ongoing community planning process and pro- nities a major concern for the medics, the plied by the parish of St. James and St. vide for a local-federal partnership that is the clinic conducts weekly diabetic health edu- Leo’s Mission as well as from the Del Mar best framework for us to move forward. cation programs for Eden Garden families. and Sunrise Rotary Club members. Three There is an estimated population of 12,500 dental chairs, x-ray equipment and ancillary What this bill seeks to do is to develop a residents in the area, according to Graff. requirements are identified in the construc- process for us to come together as a commu- Ninety-five percent of those who come to the tion plans, according to Graff. His programs, nity and a part of the United States to address clinic are from working poor families, the current as well as those on the horizon, are a myriad of issues that have plagued us, from majority of whom are without health cov- extensive and infinite in measures of con- land use planning, to housing, to education, to erage, he said, emphasizing that ‘‘Everyone tributions to be made to community life in drugs and crime, and business and the econ- who comes through that door is accepted.’’ Eden Gardens. He manages dedication, con- omy, so that by the time we celebrate the 100 Patients on MediCare are referred to medical sistent with his and Wheelock’s accomplish- year anniversary of being a part of the Amer- facilities elsewhere, it was noted. On a Sat- ments of the past. urday morning during one of my visits to the I waited until now to introduce more fully ican family we will do so with the pride and clinic, a multitude of patients, mothers with Dr. Wheelock, a type-cast-physician who dignity that befits us and the ancestors on their infant children, husbands and wives, may’ve posed a half-century ago for one of whose shoulders we move forward. school-age youngsters, all were waiting in a artist Norman Rockwell’s cover paintings for I urge my colleagues to join me in support patio shaded by trees. Patient loads cur- Saturday Evening Post. He reflects in his of this bill and of its enactment into law. rently are running at about 60 patients on conversation and mannerisms a sense of gen- f each of the twice per-week days of operation. uine modesty, characteristic of remote re- One of the most redeeming qualities asso- gions of Arizona and the southwest where he TRIBUTE TO WALTER PAYTON ciated with the clinic is first, that an effi- was born and raised. cient, highly professional medical facility is Recalling his closing years as head of the SPEECH OF maintained in close proximity to community old Del Mar Clinic, Wheelock told of young residents. Next, that those patients seen by doctors at the clinic approaching him on the HON. ROGER F. WICKER the clinic relieves the burden that otherwise subject of expanding the facility that he OF MISSISSIPPI would necessarily be cared for by public founded, keeping pace with the population health agencies, explained Victor Tostada, growth and adding to a facility that was IN THE HOUSE OF REPRESENTATIVES another of the staff volunteers who serves as dedicated to serving the medical needs of Wednesday, November 3, 1999 administrative director. families in the community. I felt the pres- In an annual report issued last February, it sures but I just didn’t feel comfortable with Mr. WICKER. Mr. Speaker, I rise today to is emphasized that ‘‘All patients, especially the prospects of expanding. So I retired. honor the life of fellow Mississippian Walter infants and children, are accepted regardless But not for long. Today, after six years of Payton who died earlier this week at the age of race, color, origin or creed.’’ building-back growth in his and Al Graff’s of 45. Walter Payton was born in Columbia,

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29058 EXTENSIONS OF REMARKS November 8, 1999 Mississippi, on July 25, 1954. Following his In this context, Mr. Speaker, it is important the press, and this pogrom was portrayed as outstanding career at Jackson State Univer- that we take note of a tragic anniversary on a spontaneous uprising against the Jews. sity, he was drafted by the Chicago Bears November 9th—the first physical violence From that point on, the Nazi regime with in- where he would spend the next 13 years re- against Germany’s Jews by Hitler’s Nazi re- creasing violence stripped Jews of their rights. writing the NFL record books. gime. That tragic occasion has been given the They were forced out of the schools and uni- Walter Payton’s on-field accomplishments, name ‘‘Kristallnacht’’—Crystal Night—because versities, they were prohibited from practicing his engaging personality and his off-the-field of the number of broken and smashed win- law, medicine, and other professions. Many contributions to community and civic affairs dows that accompanied the racist violence. were evicted from their homes and their be- have earned him a lasting place in the hearts Years of dehumanizing anti-Semitic propa- longings were confiscated. Before long Jews of millions of Americans. ganda in Germany, which was intensified after were required to wear a yellow star of David He proved that a strong work ethic and a Hitler and the Nazi party came to power in on their clothes so others could recognize they commitment to excellence could propel an un- 1933, prepared the way for Kristallnacht. The were Jewish. Many streets were declared off- dersized athlete from a small college in Mis- aggressive racist and anti-Semitic policies of limits to Jews. sissippi to the top of the professional football the Third Reich saw their first expression in vi- After years of anti-Semitic propaganda, world. He was praised for bringing positive at- olence on November 9, 1938. Kristallnacht many Germans succumbed to racism, preju- tention to the abilities of players who come serves as a chilling reminder to what happens dice, intolerance, and discrimination. This ra- from small colleges. Among his admirers is when an inflamed mob mentality overtakes a cial hatred, which was given its defining vio- Jerry Rice, another Mississippian from a small nation. lent moment in Kristallnacht, led directly to the school who became an NFL superstar. ‘‘He Mr. Speaker, Margret Hofmann was an eye- ‘‘Final Solution,’’ the fanatic Nazi drive to anni- paved the way for so many small schools and witness to the tragedy of Kristallnacht. She hilate the Jewish race. For each piece of his- players, including myself, because he opened has devoted years of her life to researching tory, we must find a defining moment. For a lot of eyes,’’ Rice said. and studying the circumstances surrounding Nazi Germany, it was Kristallnacht. Mississippians are proud of this Hall of Kristallnacht and its consequences. I want to f Fame running back for his success in running commend her for her work and insert some CONFERENCE REPORT ON S. 900, over, around and through opposing defenses. excerpts from her studies that make a valu- GRAMM-LEACH-BLILEY ACT We are equally proud of his commitment to able contribution to our understanding of how family, church, and community. Kristallnacht was a first step in setting in mo- SPEECH OF Many people will recall his work to ensure tion the nightmare of the Holocaust. that thousands of children received toys and In 1933, the German–Jewish poet Heinrich HON. FORTNEY PETE STARK clothing for Christmas. Among his activities Heine said, ‘‘Where books are burnt, Man will OF CALIFORNIA were efforts to help over 9000 churches, soon burn human beings.’’ That is the point of IN THE HOUSE OF REPRESENTATIVES schools, and social service agencies raise beginning of Margret Hofmann as she con- Thursday, November 4, 1999 money to support their missions, and estab- siders the background and meaning of Mr. STARK. Madam Speaker, the glaring lishing scholarships so that children, who had Kristallnacht. absence of any financial privacy provisions for been wards of the state, might see their Books were burnt in Germany on May 10, affiliated entities in the financial modernization dreams of college become a reality. He also 1933, people soon followed. In between the bill before us today is a sorry mistake. It is created job training and placement programs burning of the books and the burning of the wrong and inappropriate for Congress to, on for the unemployed and worked with the Illi- people, the Nazi government in Germany insti- the one hand, enact legislation that explicitly nois Department of Children and Family Serv- gated the notorious Kristallnacht, the ‘‘Night of allows mergers between banks, insurers and ices to find families for orphaned children. And Broken Glass.’’ This was the event which set securities firms—but which on the other hand while Walter is no longer with us, the Walter the stage for Hitler and other Nazi leaders to denies consumers any say in how their per- Payton Foundation will continue his great hu- attempt to ‘‘eliminate’’ the Jews from Germany sonal financial information can be used and manitarian legacy for years to come. and eventually the whole world. It was the disclosed. Mr. Speaker, Walter Payton was a role kind of event that proved ideal for Nazi pur- I thought we learned this lesson 21 years model in his public life as a professional ath- poses. ago, when Congress enacted the Right to Fi- lete in his private life as husband, father, and On October 27, 1938, Germany expelled nancial Privacy Act. That 1978 law, which I community leader. We will miss him. 15,000 non-German Jews. Although many had authored, put in place standards governing ac- f lived in Germany for decades and even raised cess and sharing of financial information for families there, they were put on trains and federal agencies. It stemmed from a Supreme MARGRET HOFMANN REMINDS US sent to Poland. This was done by the German Court decision that ruled the fourth amend- OF THE MEANING OF government without notifying the Polish gov- ment does not apply to banking records. As a KRISTALLNACHT ON THE ANNI- ernment or without taking any steps to deal former California banker, I had been a party in VERSARY OF NOVEMBER 9, 1938 with the number of people. Enraged by this that 1974 suit, California Bankers Association action, Herschel Grynszpan, whose parents v. Schultz. HON. TOM LANTOS had been summarily expelled from Germany, And here we are today, throwing open the OF CALIFORNIA went to the German Embassy in France and door for financial institutions to create huge IN THE HOUSE OF REPRESENTATIVES shot a German diplomat, Ernst vom Rath. new holding companies—without giving con- The occasion was tailor-made for the Nazi sumers any ability to say how their sensitive Monday, November 8, 1999 propaganda machine. The funeral of vom Rath personal financial information can be shared. Mr. LANTOS. Mr. Speaker, the Holocaust in his hometown of Dusseldorf was grandiose. In effect, we are creating a financial privacy must be remembered and it must be studied The Nazi government used the murder of vom vacuum. to prevent the real danger of repeating the ex- Rath to give a false impression that German This runs counter to what we are trying to perience of that horrendous nightmare. As re- citizens spontaneously rose against the Jews. achieve in the area of medical confidentiality, cent conflicts in the Great Lakes Region of Af- The night of the funeral, November 9, 1938, where we are aiming to put the strongest pos- rica, Kosova, East–Timor as well as many the Nazi government instructed the local po- sible safeguards in place at the Federal level, other places remind us only too well that, al- lice throughout Germany to ‘‘allow’’ the Ger- while preserving what is best about State pri- though we are now enjoying an era of general man people to rise up and ‘‘strike back’’ at the vacy laws. In the next week or so, HHS will prosperity and relative tranquility, many peo- Jews. ‘‘The people’’ were Nazi ‘‘Brown Shirts’’ issue proposed regulations for medical pri- ples around the world have not yet learned to and German soldiers. The police were told to vacy, which on balance are expected to be live with one another in peace. In fact in the make sure non-Jews were not attacked and strong. If we can give consumers rights over last decade, the practice of ethnic cleansing in only Jewish buildings were destroyed. All over their medical data, why can’t we also give Bosnia, Kosova and other areas of the former Germany synagogues and temples were them a measure of control over how their fi- Yugoslavia has only served to remind us how burned, Jewish homes were ransacked, and a nancial data is used, marketed, and sold? little progress we have made in the past half number of Jews were killed. By 1938 the Nazi Defenders of the conference agreement say century. propaganda machine had complete control of that the bill limits sharing of personal financial

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29059 data with non-affiliated, third-party entities. award—the press gallery in the chambers of and credit has outpaced both savings and Nonsense. All that companies that don’t for- the Westchester County Board of Legislators economic growth. These inflationary pressures mally affiliate have to do to escape the bill’s will be dedicated in his honor later this month. have been concentrated in asset prices, not consumers opt-out provision is enter into a A man of high principle, integrity and skill, consumer price inflation—keeping monetary joint agreement. Then, presto, they are free to Mr. Hoffman began his lifelong newspaper ca- policy too easy. This increase in asset prices manipulate personal financial data in any way reer as an elementary school student in West has fueled domestic borrowing and spending. they like. Harrison, NY. In 1955, he started a 17-year Government policy and the increase in Nobody likes getting annoying calls from stint covering Westchester County government securitization are largely responsible for this pesky telemarketers at dinnertime. Well, once for a precursor of The Journal News. He pro- bubble. In addition to loose monetary policies this bill passes, the telemarketing business will vided consistently thorough and thoughtful by the Federal Reserve, government-spon- go through the roof. Mergers between banks, coverage of issues before the then-governing sored enterprises Fannie Mae and Freddie securities firms and insurers will produce data body, the County Board of Supervisors. His in- Mac have contributed to the problem. The amalgamation like we’ve never seen before. sightful writing also led to the replacement in fourfold increases in their balance sheets from Before long, your health insurer will be able to 1969 of the Board of Supervisors with a more 1997 to 1998 boosted new home borrowings get information on how money you make and representative and efficient County Board of to more than $1.5 trillion in 1998, two-thirds of what investment strategies you favor—making Legislators. which were refinances which put an extra underwriting that much easier. Your bank will Mr. Hoffman continued his tireless advocacy $15,000 in the pockets of consumers on aver- be able to easily look up how many checks for progressive social policies as the state age—and reduce risk for individual institutions you’ve written to your psychiatrist—and use government and politics reporter, editorial while increasing risk for the system as a that information to help decide whether you’re page editor, columnist and now senior editor. whole. an acceptable loan risk. His philosophy throughout a distinguished 45- The rapidity and severity of changes in eco- This is the dawning of a new Orwellian Age year career has been ‘‘not to tear things down, nomic conditions can affect prospects for indi- of Information. but to build them up.’’ vidual institutions more greatly than that of the I urge my colleagues to oppose this ill-con- How fitting that the press gallery be named overall economy. The Long Term Capital Man- ceived legislation. for a journalist who has trained, over four and agement hedge fund is a prime example. New f a half decades, thousands of young reporters companies start and others fail every day. in the principles of fairness and accuracy. In- What is troubling with the hedge fund bailout PROVIDING FOR CONSIDERATION deed, Westchester County today has a better was the governmental response and the in- OF H.R. 3196, FOREIGN OPER- governing structure thanks to Milt Hoffman’s crease in moral hazard. ATIONS, EXPORT FINANCING, vision and leadership. And all of us in the This increased indication of the govern- AND RELATED PROGRAMS AP- County are richer because of his unfailing ment’s eagerness to bail out highly-leveraged, PROPRIATIONS ACT, 2000 dedication and commitment to making this a risky and largely unregulated financial institu- better place to live and work. tions bodes ill for the post S. 900 future as far SPEECH OF f as limiting taxpayer liability is concerned. HON. MAX SANDLIN LTCM isn’t even registered in the United CONFERENCE REPORT ON S. 900, States but the Cayman Islands! OF TEXAS GRAMM-LEACH-BLILEY ACT IN THE HOUSE OF REPRESENTATIVES Government regulations present the greatest threat to privacy and consumers’ loss of Friday, November 5, 1999 SPEECH OF control over their own personal information. In Mr. SANDLIN. Mr. Speaker, the Foreign Op- HON. RON PAUL the private sector, individuals protect their fi- erations Appropriations bill for FY 2000 rep- OF TEXAS nancial privacy as an integral part of the mar- resents a product of bi-partisan negotiations. IN THE HOUSE OF REPRESENTATIVES ket process by providing information they re- Finally, the Republican leadership has agreed gard as private only to entities they trust will Thursday, November 4, 1999 to sit down with Democrats and work and an maintain a degree of privacy of which they ap- appropriations bill that doesn’t face a veto Mr. PAUL. Madam Speaker, today we are prove. Individuals avoid privacy violators by threat. It funds the U.S. brokered Wye River considering a bill aimed at modernizing the fi- ‘‘opting out’’ and doing business only with Agreement, an important part of achieving a nancial services industry through deregulation. such privacy-respecting companies. real and lasting peace in the Middle East and It is a worthy goal which I support. However, The better alternative is to repeal privacy affirmation of our commitment to Israel, a crit- this bill falls short of that goal. The negative busting government regulations. The same ap- ical ally. aspects of this bill outweigh the benefits. Many proach applies to Glass-Steagall and S. 900. A vote for this bill is a vote for a strong have already argued for the need to update Why not just repeal the offending regulation? leadership role for the United States. I urge our financial laws. I would just add that I agree In the banking committee, I offered an amend- passage of this bill because foreign operations on the need for reform but oppose this ap- ment to do just that. My main reasons for vot- bolster our military and national security. This proach. ing against this bill are the expansion of the legislation declares support for our armed With the economy more fragile than is popu- taxpayer liability and the introduction of even services and for the men and women who risk larly recognized, we should move cautiously more regulations. The entire multi-hundred their lives to protect our freedom. as we initiate reforms. Federal Reserve Board page S. 900 that reregulates rather than f Chairman Alan Greenspan (in a 1997 speech deregulates the financial sector could be rein Frankfurt, Germany and other times), Kurt placed with a simple one-page bill. A TRIBUTE TO MILTON S. Richebacher, Frank Veneroso and others, f HOFFMAN have questioned the statistical accuracy of the economy’s vaunted productivity gains. TRIBUTE TO THE GRANDMOTHERS HON. NITA M. LOWEY Federal Reserve Governor Edward Gramlich OF PLAZA DE MAYO OF NEW YORK today joined many others who are concerned IN THE HOUSE OF REPRESENTATIVES about the strength of the economy when he HON. TOM LANTOS warned that the low U.S. savings rate was a Monday, November 8, 1999 OF CALIFORNIA cause for concern. Coupled with the likely de- IN THE HOUSE OF REPRESENTATIVES Mrs. LOWEY. Mr. Speaker, I rise today to cline in foreign investment in the United express my great admiration for Milton S. States, he said that the economy will require Monday, November 8, 1999 Hoffman, senior editor of the Editorial Board of some potentially ‘‘painful’’ adjustments—some Mr. LANTOS. Mr. Speaker, I would like to The Journal News in Westchester County, NY. combination of higher exports, higher interest bring to the attention of my colleagues the Mr. Hoffman’s outstanding accomplishments in rates, lower investment, and/or lower dollar service and commitment of some outstanding the field of journalism and his significant con- values. women—the Grandmothers of Plaza de Mayo. tributions to the government and civic life of Such a scenario would put added pressure After 20 years, this non-profit organization has the county have merited him still another on the financial bubble. The growth in money located 64 disappeared children of Argentina,

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29060 EXTENSIONS OF REMARKS November 8, 1999 and helped reunite the victims with their fami- THE ARTISTS’ CONTRIBUTION TO some cases, (c) subject them to review by the lies, allowing them to recover their identity and AMERICAN HERITAGE ACT IRS’s Art Advisory Panel, depending on the their history. I want to commend the Grand- dollar amount of the contribution. These mothers of Plaza de Mayo on their efforts and HON. AMO HOUGHTON changes would apply to creator-donated prop- their dedication in reuniting children who dis- OF NEW YORK erty under our proposal. In addition to the valuation safeguards al- appeared during the military dictatorship that IN THE HOUSE OF REPRESENTATIVES ruled Argentina from 1976 to 1983 with their ready in the law, our proposal would add addi- legitimate families. Monday, November 8, 1999 tional protections to prevent abuse. These in- Mr. Speaker, in 1976, the armed forces of Mr. HOUGHTON. Mr. Speaker, I am clude the following: (a) limiting the value of the Argentina began a process of systematically pleased to join my colleague from Maryland, deduction to the amount of income the creator violating some of the most fundamental Mr. CARDIN, together with a bipartisan group of received from similar property, (b) providing human rights. This despotism resulted in the our colleagues, in introducing the ‘‘Artists’ that the deduction can only be claimed in the disappearance of over 30,000 persons, includ- Contribution to American Heritage Act of year of contribution, i.e., the carryover rules do ing hundreds of children. The Grandmothers 1999.’’ The bill would alleviate an unfairness in not apply, (c) limiting the deduction to property of Plaza de Mayo have used many different the tax law as it applies to charitable dona- created at least 18 months before the con- tactics to search for these children who dis- tions of property by the taxpayer/creator and tribution, (d) limiting the deduction to gifts re- appeared during the brutal tyranny of the mili- significantly enhance the ability of museums lated to the purpose of the institution which retary regime. Their primary purpose is to pre- and public libraries to acquire important origi- ceives it, and (e) excluding contributions of property (letters, memos, etc.) created by tax- serve the identity, roots and history of these nal works by artists, writers and composers, payers in their role as employees or officers of children, which are the fundamental basis for and ensure the preservation of these works for an organization. human dignity. future generations. Since 1969, the law has provided that the The benefit to the nation when artists are Fortunately, advances in science and tech- encouraged to contribute their work during nology have made it possible for these fami- creator of the artistic property is only allowed a charitable deduction equal to the cost of the their lifetime cannot be overemphasized. It allies to be reunited. Blood tests prove, with lows the public, historians, scholars and others materials that went into the property. For ex- 99.95 percent accuracy, that a child comes to learn from the artist his/hers aesthetic aims ample, an established artist who donates a from a particular family. This is a difficult proc- for the work; how it was intended to be dis- painting to the local museum is allowed a de- ess, for which the professionals and volun- played, performed, or interpreted; and what induction for the cost of the canvas, brushes teers involved must be commended. fluences affected the artist. The Grandmothers of Plaza de Mayo have and paint, etc., used to produce the painting. Our proposal represents an important step committed themselves to this praiseworthy en- Of course, these amounts are de minimis. in providing some tax incentive, with needed deavor. I am grateful for all they have accom- There is no real tax incentive to contribute safeguards, for the creators and moves toward plished, and I urge my colleagues to join me such works of art for the public to enjoy. In putting them on the same footing as collectors in commending them for their outstanding ef- fact, the tax law works in the other direction. who contribute similar property. Most impor- forts and devotion to the cause of bringing jus- It makes more financial sense to the creator to tantly, it could make the difference in a deci- tice to the families who suffered under Argen- sell his or her work. If a collector or art buff sion by the creator/donator to contribute some tina’s brutal military regime. buys a painting that appreciates over time, be- of their created art works to a museum or pub- cause the artist becomes well-established or lic library, rather than sell them in the market- f was a known and collected artist when the place. That way important works are pre- painting was purchased, the collector is al- served in the public domain and we all benefit. MEDICARE, MEDICAID, AND SCHIP lowed a deduction for fair market value when We urge our colleagues to join us in cospon- BALANCED BUDGET REFINE- the painting is contributed to the local mu- soring this legislation. MENT ACT OF 1999 seum. This is the fairness issue. f There has not always been such disparate SPEECH OF tax treatment. Before 1969, the artists/tax- A TRIBUTE TO JIM COX FOR 30 HON. ROGER F. WICKER payers received the same treatment—the de- YEARS AS CITY MANAGER OF OF MISSISSIPPI duction was based on fair market value. The VICTORVILLE, CALIFORNIA IN THE HOUSE OF REPRESENTATIVES law was changed, primarily because of the perception that some taxpayers were taking HON. JERRY LEWIS Friday, November 5, 1999 advantage of the law through less than accu- OF CALIFORNIA Mr. WICKER. Mr. Speaker, the Balanced rate valuations of their charitable gifts. IN THE HOUSE OF REPRESENTATIVES Budget Act included provisions to safeguard After the change in 1969, gifts of donor gen- Monday, November 8, 1999 the long term solvency of the Medicare sys- erated art work (paintings, manuscripts, com- Mr. LEWIS of California. Mr. Speaker, I tem, but for a number of reasons the man- positions, artistic and historically significant would like today to recognize the remarkable dated reductions exceeded estimates and pro- correspondence and papers) to qualifying career of Jim Cox, who came to Victorville, vided a lower level of reimbursement than charitable organizations and governmental en- California in 1967 as an administrative assist- Congress directed. The Medicare Balanced tities dropped significantly. Creators were ant, became city manager in 1969 and guided Budget Refinement Act corrects this problem more likely to sell their works than to con- the city in that position for 30 years until his and restores vital funding to the Medicare pro- tribute them. Tom Downey, a former colleague recent retirement. gram to allow health care providers to meet of ours, introduced similar legislation in 1985. Jim Cox began his public service—and his the needs of their communities. In his floor statement he noted that Igor Stra- time in California—when he joined the Navy at This important legislation will ease the finan- vinsky had planned to donate his papers to 17 and moved to San Diego to be a medic. cial crisis which has threatened the quality of the Music Division of the Library of Congress He first joined city government as an intern in health care service for millions of Americans. the month the 1969 tax change was signed La Mesa, California, while attending San I am pleased we have been able to work in a into law. Instead, the papers were sold to a Diego State College. After serving as assistant bipartisan fashion to bring relief to the small private foundation in Switzerland. Now, 14 city manager of Indio for two years, he went rural community hospitals which provides the years later the situation has not improved. It is to work in the Mojave Desert hub of foundation for rural America. time to change our law to encourage rather Victorville—population 11,290. I am hopeful that in addition to the sup- than discourage such contributions. He quickly took on increasing responsibility, porting this legislation, the Health Care Fi- There have been significant changes in the going from administrative assistant in charge nancing Administration will make the needed valuation process since 1969. All taxpayers of finance and personnel, to Director of Plan- administrative changes to ensure that small making charitable contributions of art work ning, Assistant City Manager, and finally City rural hospitals will receive adequate Medicare (other than donor generated art work) are re- Manager in December 1969. reimbursement. I look forward to working with quired to: (a) provide and/or retain relevant in- The city budget that year was $750,000. His HCFA and member of both political parties to formation as to the value of the gift, (b) pro- final budget, submitted this year, was for $72 restore balance to the Medicare system. vide appraisals by qualified appraisers or, in million, for a city with a population of 63,478.

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29061 As one of the longest-serving managers in portant that we be offered the opportunity that you will make this a priority issue for California, Jim Cox provided a stabilizing influ- for floor amendments. the Second Session of this Congress. ence not only for his rapidly growing city, but While the Republican bills that have been In the meantime, we do believe that this also for the entire Victor Valley, whose popu- introduced provide a great deal of needed re- bill gives us the one opportunity this year to lief, we believe that (1) some additional relief help seniors with the exorbitant cost of pre- lation has grown ten-fold in the past 30 years. to providers, (2) some beneficiary improve- scription drugs. We propose an amendment He was instrumental in helping the region ments (in particular help with the high cost which was offered in the Ways and Means weather the closure of George Air Force Base of pharmaceuticals), and (3) some alternative Committee by Rep. Karen Thurman (and in 1988, and its economic revival over the past policies are desperately needed. supported by all the Democratic members of 10 years. The amendments we propose would provide the Committee) that makes the Allen-Turn- Adding to his extensive public service cre- an additional $2.4 billion in paid-for relief, er-Waxman-Berry pharmaceutical discount dentials, Cox is a California Redevelopment with some going to beneficiaries in lower bill (HR 664) germane to Medicare. Basically, Association director and on the Revenue and pharmaceutical prices and other program the amendment says that if a drug manufac- improvements. Our amendments would also turer wants to sell pharmaceuticals to a hos- Taxation Committee for the League of Cali- eliminate several policies in the Republican pital participating in Medicare, it must also fornia Cities. He is chairman for the Victor Val- bill which the Administration has identified make available to pharmacies for sale to ley Transit Board of Directors and served on as unworkable or which would hurt Medicare seniors drugs at the best available price for the County Formation Review Committee. beneficiaries. which they offer that drug. By some esti- He is an instructor with a lifetime teaching As fiscally responsible Democrats, we are mates, this type of program could lower drug credential at California State University, San concerned that the Republican bill is not costs to seniors by as much as 40%. Bernardino and at Victor Valley Community paid for, and we urge you to find a way to If we can’t pass a major Medicare drug re- College. His community activities include the pay for it, rather than further spending So- form bill this fall, we can at least give sen- cial Security surpluses. For example, be- iors a chance for the discounts available to Victorville Chamber of Commerce Board of Di- cause it is not currently paid for, the Ways large buyers. rectors and Rotary International. and Means bill (HR 3075) shortens the sol- PREVENTING BAD POLICIES Mr. Speaker, Jim Cox has been justifiably vency of the Medicare Part A Trust Fund by credited with helping Victorville and the Victor If the Majority bill includes certain provi- at least a year, and increases Part B pre- sions, we ask that the rule governing debate Valley grow from a desert hamlet to a vital, miums for seniors. permits us to strike those anti-beneficiary Therefore, to avoid this problem, we pay successful city in one of the fastest-growing and anti-consumer provisions: areas of California. Please join me in con- for the additional relief offered by our Specifically, we are concerned that the Ad- gratulating him on his years of public service, amendments. Thus we do not hurt Medi- ministration has warned that the hospital care’s solvency. The $2.4 billion in relief over and wishing him well in his future endeavors. out-patient department (HOPD) provisions of five years is paid for by $2.4 billion in Medi- the Ways and Means bill are so complicated f care savings from the President’s budget pro- that they will delay the start of HOPD Pro- posal of last January. These savings come REPUBLICANS BLOCK DEMOCRATS spective Payment (PPS) by at least a year. from Medicare anti-fraud, waste, and abuse Such a delay in the PPS will cost bene- FROM OFFERING MAJOR IM- proposals. PROVEMENTS TO MEDICARE ficiaries about $1.4 billion, with patients’ PROVIDING NEEDED ADDITIONAL RELIEF share of total HOPD payments running about The $2.4 billion provides important, much 50%. We would move to strike the House HON. FORTNEY PETE STARK needed additional relief to HOPD provisions in favor of the Senate’s OF CALIFORNIA —beneficiaries to meet the cost of fighting more administrable proposals, but keep the IN THE HOUSE OF REPRESENTATIVES cancer and the high costs of pharmaceutical amount of relief to hospitals and patients at insurance 1 the House level. Monday, November 8, 1999 —teaching hospitals, Second, if the Majority bill includes the Mr. STARK. Mr. Speaker, last Friday, the —safety net hospitals, which have the low- ‘Commerce Republicans’ provision giving House passed an okay Medicare improve- est overall operating margins, ‘‘deemed status’’ to HMOs, we would strike —rural hospitals, which have the lowest that provision. An overwhelming number of ments bill. Medicare margins, House members have just voted in favor of But it could have been much better; it could —skilled nursing homes, higher quality in managed care plans. There- have helped seniors get a better price for —home health agencies which are serving fore, we find it incredible that the majority pharmaceuticals; it could have helped low-in- the sickest patients, may be proposing an amendment to the BBA come women fight cancer; it could have pro- —a more rational rehabilitation cap pro- which would weaken our ability to ensure vided more help to providers hurt by excessive gram that will help our most severely dis- quality by turning over approval of these cuts in the 1997 Balanced Budget Act. But abled stroke patients and amputees, plans to participate in Medicare to private Republicans blocked any amendments to the —help for hospice agencies facing sky- groups which are often dominated by the rocketing pharmaceutical costs for end-of- bill—they did not want to be embrassed by very industry they are supposed to be regu- life painkillers, and lating. If such ‘deemed status’ language is having to vote against helping seniors with the —the Medicaid and Children’s Health In- included, we will seek to strike it in order to high costs of drugs. surance Program, to help the providers serv- protect beneficiaries. Following is a letter which 119 Democrats ing the low income and to help Puerto Rico Third, as mentioned above, we propose to (many more would have signed if we had had and the Possessions with more adequate pay- strike the unworkable $1500 limit on reha- more time) sent to the Speaker, outlining our ment rates. bilitation caps for two years while the Sec- request for amendments to H.R. 3075. This additional relief will further ensure retary develops a rational therapy payment Mr. Speaker, the majority should be that Medicare beneficiaries are buffered from plan. This is the same approach as taken by the cuts in the 1997 BBA and will allow Medi- the Senate Finance Committee. ashamed for a legislative gag rule that pre- care beneficiaries to continue to receive high In conclusion, our beneficiaries and pro- vented us from improving this legislation. quality care. viders need the improvements made by the CONGRESS OF THE UNITED STATES, The attached memo describes these amend- Democratic amendment. We urge you to HOUSE OF REPRESENTATIVES, ments in more detail. make it in order. Thank you for your consid- Washington, DC, November 4, 1999. HELP SENIORS WITH THE HIGH COST OF eration. Hon. DENNIS HASTERT, PHARMACEUTICALS Sincerely, Speaker of the U.S. House of Representatives, We believe we need to help all Medicare Neil Abercrombie, Gary Ackerman, Tom The Capital, Washington, DC. beneficiaries with a prescription drug insur- Allen, Robert Andrews, Tammy Baldwin, EAR MR. SPEAKER: We are writing to ask D ance benefit, but that is a larger issue that Tom Barrett, Jim Barcia, Xavier Becerra, that you not bring the Medicare Balanced cannot be addressed in this limited BBA cor- Shelly Berkley, Howard Berman, Marion Budget Act legislation (HR 3075 as amended rections legislation. We hope, Mr. Speaker, Berry, Bob Borski, Rick Boucher, Corrine in negotiations with Commerce Committee Brown, Sherrod Brown, Lois Capps, Michael Republicans) to the floor under suspension of Capuano, John Conyers, Ben Cardin, Julia the rules, but instead provide a rule permit- 1 We assume that the bill the Majority brings to Carson, Bob Clement, Bill Coyne, Elijah ting Democratic amendments and a motion the floor will include an expansion of Medicare’s Cummings, Danny Davis, Jim Davis. coverage of immuno-suppressive drugs, so that to recommit. Because Democrats were not transplant patients do not suffer organ rejection. If Peter DeFazio, Diane DeGette, Rosa included in the negotiations between the this provision is not included, we ask permission to DeLauro, Peter Deutsch, John D. Dingell, Ways and Means and Commerce Committee include it and pay for it with additional anti-fraud Julian Dixon, Lloyd Doggett, Eliot Engel, Republican members, it is particularly im- and abuse provisions. Anna G. Eshoo, Lane Evans, Eni

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR99\E08NO9.000 E08NO9 29062 EXTENSIONS OF REMARKS November 8, 1999 Faleomavaega, Sam Farr, Michael Forbes, Beneficiary improvements: regarding the Senate version, the Gramm Bart Gordon, Gene Greene, Ralph Hall, Earl Immuno-suppressive drugs, cover without version, of the Financial Services Moderniza- Hilliard, Maurice Hinchey, Darlene Hooley, a time limit ($0.3); Allow States to re- tion Act. Steny Hoyer, Paul Kanjorski, Carolyn Kil- quire M+C plans to cover certain benefits The initial report by the media that the con- patrick, Ron Klink, Dennis J. Kucinich, (like MA used to do with Rx ($0); Allow John LaFalce, Tom Lantos. people abandoned by M+C plans to buy a ference report met the expectations of con- Barbara Lee, Sandy Levin, John Lewis, medi-gap policy which covers Rx ($0); sumer advocates raised hopes that the Senate Nita M. Lowey, Bill Luther, Karen McCar- Coverage of cancer treatment for low-in- would meet the House’s commitment to two thy, Jim McDermott, Jim McGovern, Mike come women ($0.3) HR 1070, by Rep Eshoo major aspects of this critically important bill: McNulty, Carolyn B. Maloney, Jim Maloney, and Lazio and 271 cosponsors. the Community Reinvestment Act provisions Ed Markey, Matthew Martinez, Robert T. Pay-fors: and the necessary protection of the privacy of Matsui, Carrie Meek, Robert Menendez, 3 Medicare items from President’s budget: consumer, customer information, and records. George Miller, Joe Moakley, Jerry Nadler, mental health partial hospitalization re- I continue to want to vote for a Financial Serv- Richard Neal, Eleanor Holmes Norton, Jim form, Medicare Secondary Payer data Oberstar, John Olver, Major Owens. match, and pay for outpatient drugs at ices Modernization bill. Frank Pallone, Donald Payne, Nancy 83% of average wholesale price. ($2.4). I want to address the importance of the Pelosi, David Phelps, Earl Pomeroy, Nick Community Reinvestment Act which is also Rahall, Charles Rangel, Lynn Rivers, Ciro f known as CRA. This act was passed almost Rodriguez, Carols Romero-Barcello, Lucille CONGRATULATING JOSEPH 30 years ago to say that banks should also Roybal-Allard, Bobby Rush, Martin Sabo, MOFFETT ON HIS BEING SE- lend to low-income customers and neighbor- Bernie Sanders, Tom Sawyer, Jan hoods in their areas of operation. In the 23 Schakowsky, Louise Slaughter, Vic Snyder. LECTED TO COMPETE IN THE Debbie Stabenow, Peter Stark, Ted Strick- NATIONAL BIRDING COMPETI- years of bank practices to meet CRA provi- land, Bart Stupak, Ellen Tauscher. TION sions, an impressive $1 trillion has been gen- Mike Thompson, Karen Thurman, John erated as loans to low-income customers; the Tierney, Edolphus Towns, Jim Traficant, HON. RICHARD E. NEAL clear majority of banks recognize the value of Peter Visclosky, Maxine Waters, Melvin CRA as a powerful tool to build community Watt, Henry Waxman, Robert Wexler, Robert OF MASSACHUSETTS trust and respect for the otherwise cold marble Weygand, Bob Wise, Lynn Woolsey, Al Wynn. IN THE HOUSE OF REPRESENTATIVES and steel of stone-hearted bankers. Monday, November 8, 1999 Let me share a success story of CRA in my Issue Area: Mr. NEAL of Massachusetts. Mr. Speaker, I community, affecting my constituents in Oak- In addition to HR 3075, a $2.4 billion paid- land and adjoining cities. The success story is for package [dollars expressed as addi- rise today to congratulate Joseph Moffett for tions to costs in HR 3075] being selected to the ABA/Leica Tropicbirds about an old, crumbling, and once-beloved Hospitals: Team of 1999. Joseph, along with three other vegetable and meat market known as Swan’s Freeze indirect medical education cut for 1 youths, has been chosen to compete in The Marketplace. year more than HR 3075 ($0.2); Freeze dis- Florida Space Coast Flyway Festival In the last two decades, as residents and proportionate share hospital cuts for 1 birdathon. This is a national birding competi- businesses flowed out of downtown, Swan’s year more than HR 3075 ($0); Carve out tion which will be held on November 13, 1999. found it more and more difficult to survive. It DSH payments from payments to M+C Joseph, who is fifteen years old, lives in finally had to close. Stories were written about plans. Moves about $1 billion per year to Mendon, Massachusetts and is a member of its demise. It took years, but the city govern- the nation’s safety net hospitals; is not ment and the people of Oakland and commu- in HR 3075 ($0). the ABA and the Massachusetts Audubon So- Rural hospitals: ciety. Joe is also a member of many other nity agencies knowledgeable about CRA, our Tanner Amendment to protect rural and birding clubs including; the Brookline Bird community heroes, the very same people that cancer hospitals against outpatient de- Club, the Forbush Bird Club, and the Stony Senator GRAMM so recklessly labels as ‘‘extor- partment PPS cuts (HR 3075 phases in Brook Bird Club. Joe works at the Stony Brook tionists,’’ pulled together, in a magnificent civil cuts to these hospitals, still leaving huge Audubon Sanctuary as a volunteer naturalist effort to create a wonderful center combining payment reductions) ($0.2). and a councilor in training. Joe also takes part almost every aspect of community develop- $1500 therapy caps: in the Christmas Bird Count and Massachu- ment into one square city block. The heroes Strike HR 3075 limits by suspending caps and sheroes who put this together say: ‘‘We for 2 years while a new, more rational setts Audubon Birdathon fund-raiser. Joe system is developed (net $0). keeps lists of the birds he sees on various have a market, affordable housing, services to Community health centers & rural CHCs: birding outings and submits them to the Bird special populations and community revitaliza- Establish a PPS system which protects Observer, a birding journal. tion. On top of that, we’ve included use of the CHCs against State Medicaid cuts ($0.2). In addition to Joe’s birding skills, he is also arts for economic development and restored Nursing homes: a proponent of environmental protection. Joe and preserved a city historic landmark.’’ Raise HR 3075’s payment to high acuity has started a rainforest club in his school and I hardly have to add that the housing is a cases from 10% to 30% ($0.1); Raise HR has raised money to save acreage of a wonderful plus in an area with severe housing 3075’s nursing home inflation adjustment shortages, and that jobs have been created, from 0.8% in FY01 to 1% ($0.1) and au- rainforest. Most of the birding events that Joe thorize extra payments for hi cost of liv- participates in are also fund-raisers, which and that an essential community success has ing in Hawaii and Alaska. raise money for the protection of new bird added to the revitalization of a declining down- Physicians: species that are found during the events and town not only during the day but also at night. Study of why payment rates in certain for the protection of birds in general. Swan’s was complex from a banking per- States and Puerto Rico are low. Mr. Speaker, it is my great pleasure to con- spective. ‘‘There’s nothing commonplace Home health: gratulate Joseph Moffett on his accomplish- about it’’ said a representative from a large Provide $250 million ‘‘outlier’’ pool for local bank that provided a $7.8 million con- home health agencies that treat tough ments and commend him for being a model citizen and a great influence to his community. struction loan. CRA had encouraged banks to cases ($0.3) HR 1917, by Rep. Jim McGov- look at financing difficult projects that benefit ern and 102 cosponsors. f Hospice: communities. Before CRA, banks may have Eliminate 1% cut in FY 01 and 02 ($0.2). CONFERENCE REPORT ON S. 900, dismissed the project as too difficult, but CRA Medicaid: GRAMM-LEACH-BLILEY ACT has provided the needed motivation which has Help for Medicaid DSH formula errors in prompted banks to successfully invest in com- NM, DC, MN, and WY ($0.2) Permanent SPEECH OF munities. fix for CA Medicaid DSH problem $0; Help The story of CRA’s important role in the ref- families not lose Medicaid coverage as a HON. BARBARA LEE OF CALIFORNIA ormation of Swan’s Marketplace is not a rare result of delinking of welfare and Med- occurrence. Community after community have icaid eligibility ($0.2). IN THE HOUSE OF REPRESENTATIVES called on members of the Banking Committee CHIPs: Thursday, November 4, 1999 Increase CHIPs amount for Possessions and and the Commerce Committee to protect, and provide technical fix to CHIPs formula Ms. LEE. Madam Speaker, I rise to express to include the CRA provisions in any banking ($0.1). my concern as well as that of my constituents modernization bill. I have worked since I

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29063 joined Congress over a year ago, to include Additionally, along with my colleagues, Rep- Center Foundation, Inc., a New York based the basic elements of CRA in H.R. 10. resentatives WATERS, FRANKS, SANDERS, tax–exempt organization created in 1995 to The House-passed version of the Financial JONES of Ohio, and SCHAKOWSKY, we have support the Center’s creation, and its founder Modernization bill, to my mind, had fairly weak tried to introduce the most basic of consumer and president, noted philanthropist Fred CRA provisions by excluding securities and in- protections as we give the financial services Schwartz. Mr. Schwartz and his lovely wife, surance functions. But the Gramm version what they want. We have tried to protect fair Allyne, visited Auschwitz in 1993 and shortly weakens these protections even further by re- housing by prohibiting insurance companies after began the process of creating an institu- quiring banks to report every 5 years. from discriminating, and we have tried to es- tion that would help to ‘‘attach human charac- Senator GRAMM added a wickedly ironical tablish limited basic banking accounts for low- teristics to the people who perished there.’’ provision that he describes as a ‘‘sunshine’’ income customers, but without success. Fred set up the Auschwitz Jewish Center regulation. In California sunshine provisions This financial modernization bill, S. 900, or Foundation and, aided by the devoted efforts protect citizens by requiring that the legislative H.R. 10, is the product of 20 years of effort. of executive director/vice president Daniel bodies act with proper and timely notice being It saddens me to see 20 years of work dis- Eisenstadt and a wealth of other talented indi- given to the public on time of meeting and solve into this miserable bill. I ask my col- viduals, and the Center has contributed im- publication of issues to be discussed. leagues to vote against it. measurably to the memory of the victims of This sunshine provision in Senator GRAMM’s f Auschwitz and the Holocaust. bill is a terrible perversion of that protection. GROUNDBREAKING OF THE Mr. Speaker, Fred and Allyne Schwartz and This provision mandates that community orga- AUSCHWITZ JEWISH CENTER all of their associates involved in the establish- nizations working with banks to produce more ment of the Auschwitz Jewish Center merit the affordable housing have to report on their HON. TOM LANTOS appreciation of every Member of the House. functions, and their contracts. These reporting As a Holocaust survivor, I am grateful to them requirements are not made of financial institu- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES for paying tribute to the most horrendous leg- tions, only community organizations. Instead acy of the twentieth century. As a grandfather, of treating these groups as heroes for their Monday, November 8, 1999 I am even more indebted to them for keeping life-saving, community-saving work, they must Mr. LANTOS. Mr. Speaker, today I invite my this memory alive for the twenty–first century report like criminals. colleagues to join me in commemorating the and beyond. Presently, banks have to meet a satisfactory official ground–breaking for the Auschwitz rating, and then maintain it in order to be fa- Jewish Center a tribute to the Jews who per- f vorable considered for expansion or mergers. ished in this century’s most senseless tragedy. S. 900 allows these banks to meet the ‘‘satis- The Center, located in the last remaining syn- MEDICARE, MEDICAID, AND SCHIP factory’’ standard only once and frees them agogue in the town of Oswiecim (the Polish BALANCED BUDGET REFINE- from further obligation to maintain it. Do it name for Auschwitz), will offer visitors to the MENT ACT OF 1999 once and you are free of obligations there- site of the Auschwitz–Birkenau death camp an after. This is a terrible travesty of present CRA opportunity for reflection, education, and un- SPEECH OF practices. derstanding of the enormous loss inflicted by The other major weakness in S. 900 has to the Holocaust. HON. BILL ARCHER do with the easy access to customer’s private The groundbreaking for the Auschwitz Jew- OF TEXAS information that is available. Presently, each ish Center takes place on the eve of the sixty– IN THE HOUSE OF REPRESENTATIVES one of the three functions: banking, insurance, first anniversary of Kristallnacht (‘‘The Night of and securities, cannot share their customers’ Broken Glass’’), the 1938 Nazi pogrom that Friday, November 5, 1999 information with each other. With the passage foreshadowed the Holocaust and marked the Mr. ARCHER. Mr. Speaker, I would like to of S. 900 the walls are down. beginning of the Nazi effort to exterminate the submit for the RECORD the attached letters Insurance companies have records on a Jews. Ninety–one German and Austrian Jews which I and the Chairman of the Committee customer’s health. This record will now be were murdered during Kristallnacht, and on Commerce have exchanged regarding H.R. available to the bank, or the insurance com- 26,000 more were arrested and deported to 3075, the Medicare Balanced Budget Refine- pany that can now offer banking services, concentration camps. Nazi thugs set fire to ment Act of 1999. when you apply for a loan. Is this information 101 synagogues and destroyed almost 7,500 that should be so easily available. Is this what Jewish–owned businesses. This evening of HOUSE OF REPRESENTATIVES, COMMITTEE ON WAYS AND MEANS, our constituents would allow? I don’t think so. terror and brutality marked the beginning of Washington, DC, November 5, 1999. However, should customers want to know the end of German Jewry. Kristallnacht, which Hon. THOMAS J. BLILEY, Jr. how the bank, or the insurance company, or was orchestrated by Nazi Propaganda Minister Chairman, House Committee on Commerce, the securities sales office is handling their ac- Joseph Goebbels, was an attempt perma- Washington, DC. count and ask for a record, and possibly make nently to wreck the cultural and civic infra- DEAR CHAIRMAN BLILEY: This is in response the necessary corrections, they will not be structure of the Jewish people in the hope that to your letter regarding further considerable to do so. We are considering legislation Jews would never again find comfort in Ger- ation of H.R. 3075, the Medicare Balanced that could really produce nightmare situations many. Budget Refinement Act of 1999. for our constituents. Mr. Speaker, the anniversary of Kristallnacht I understand that, in order to expedite con- S. 900 only asks that banks report their plan reminds us yet again why the establishment of sideration of this legislation, the Committee to protect privacy without any obligation to any the Auschwitz Jewish Center holds such great on Commerce will not be marking up the one, or any institution to implement it, to mod- bill. The Commerce Committee will take significance. The Center will offer visitors sem- this action based on the understanding that ify it, or to improve it. This is a hollow require- inar rooms, a library, a memorial wall to vic- it will be treated without prejudice as to its ment, devoid of substance. tims of the Holocaust, genealogy records, and jurisdictional prerogatives on this measure These are two of the major flaws of S. 900. a screening room for viewing testimonials from or any other similar legislation. Further, I But I have to raise the objections that I raised Holocaust survivors which will be made avail- have no objection to your request for con- in the Banking Committee about the con- able through an agreement with Steven ferees with respect to matters in the Com- sequences of financial services modernization Spielberg’s Shoah Foundation. It will allow merce Committee’s jurisdiction if a House- without appropriate safeguards. guests to learn about Oswiecim’s rich Jewish Senate conference is convened on this or similar legislation. S. 900 will allow for further mergers and history, which dates back to medieval times, conglomeratization. It will once again expose and it will permit them to ponder over the de- Finally, I will seek to include in the Record a copy of our exchange of letters on us to the congressional, national liability for struction of this community and thousands like this matter. Thank you for your assistance the $500 billion bailout of the savings and loan it across Europe. Most of all, the Center will and cooperation in this matter. industry of the 1980’s. offer Jews and non–Jews alike the opportunity With best personal regards, The conglomerates will be too big to regu- to mourn and remember. Sincerely, late and too big to fail and the taxpayer will be I urge my colleagues to join me in praising BILL ARCHER, stuck with the consequences. the accomplishments of the Auschwitz Jewish Chairman.

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HOUSE OF REPRESENTATIVES, legislative and oversight trains running on new access to our personal financial and other COMMITTEE ON COMMERCE, time. That is why I am not surprised that information for purposes of cross-marketing Washington, DC, November 5, 1999. Marcia Stewart is known as the ‘‘Martha Stew- and profiteering. Under S. 900, a customer Hon. BILL ARCHER, art of legislation.’’ Not bad for a woman who cannot opt out of information sharing if his fi- Chairman, Committee on Ways and Means, Washington, DC. was a toddler when I began my career in Con- nancial institution enters a ‘‘joint marketing DEAR BILL: I am writing regarding H.R. gress. agreement’’ with unaffiliated third parties. This 3075, the Medicare Balanced Budget Refine- Marcia and her two-year-old daughter, Abi- loophole makes the privacy protections about ment Act of 1999. As you know, the Com- gail, will be joining Marcia’s husband Tim as effective as a lace doily would be in holding mittee on Commerce is an additional com- Stewart in Salt Lake City, where they will be back a flood. mittee of jurisdiction for the bill, and I un- giving up the white columns of the Capitol for Third, this bill undermines the Community derstand that the version of the bill that will the wide open spaces of the West. All I can Reinvestment Act. Many of my colleagues will be considered under the suspension calendar say is Congressman JIM HANSEN district’s gain speak to this point more eloquently than I, and will contain a number of Medicaid provisions is our loss. I associate myself with their remarks. At the which fall within my Committee’s exclusive We will miss you, Marcia Stewart, and wish jurisdiction. appropriate point, I will include National Com- However, in light of your willingness to you and your family a wonderful life in Utah. munity Reinvestment Coalition’s letter in the work with me on those provisions within the I thank you for your service to me, to the RECORD. Commerce Committee’s jurisdiction, I will Committee on Resources, to the Congress Fourth, it undermines the separation of not exercise the Committee on Commerce’s and to America. banking and commerce. Title IV closes the right to act on the legislation. By agreeing f unitary thrift loophole by barring future owner- to waive its consideration of the bill, how- ship of thrifts by commercial concerns. But ever, the Commerce Committee does not CONFERENCE REPORT ON S. 900, about 800 firms that are grandfathered can waive its jurisdiction over H.R. 3075. In addi- GRAMM-LEACH-BLILEY ACT tion, the Commerce Committee reserves its engage in any commercial activity, even if authority to seek conferees on any provi- SPEECH OF they were not so engaged on the grandfather sions of the bill that are within its jurisdic- date. Moreover, title I allows the new financial tion during any House-Senate conference HON. JOHN D. DINGELL holding companies (which incorporate com- that may be convened on this legislation or OF MICHIGAN mercial banks) to engage in any ‘‘complemen- similar legislation. I ask that you support IN THE HOUSE OF REPRESENTATIVES tary’’ activities to financial activities determined our request in this regard. Thursday, November 4, 1999 by the Federal Reserve. And in a piece of cir- I ask that you include a copy of this letter cular mischief, any S&L holding company, and your response in the Record during con- Mr. DINGELL. Madam Speaker, to para- sideration of the bill on the House floor. phrase the words Charles Dickens penned in whether or not grandfathered, can engage in Thank you for your consideration and assist- 1859, this is the best of bills; this is the worst any activities determined to be ‘‘complemen- ance. I remain, of bills. It is an act of wisdom; it is an act of tary’’ for financial holding companies. Title I of Sincerely, foolishness. It wisely recognizes the techno- S. 900 also waters down the prudential limita- TOM BLILEY, logical and regulatory changes that have tions that the House had imposed on mer- Chairman. blurred the lines between industries and prod- chant banking. S. 900 clearly ignores the f ucts, and builds a new regulatory structure to warning of then Treasury Secretary Rubin to house and foster competition and innovation. Congress in May of this year: ‘‘We have seri- MARCIA M. STEWART: HAPPY However, it unwisely fails to recognize that, for ous concerns about mixing banking and com- TRAILS all that has changed dramatically, human na- mercial activities under any circumstances, ture has not. Prodigious failures and frauds and these concerns are heightened as we re- HON. DON YOUNG are no less possible, indeed, perhaps are flect on the financial crisis that has affected so OF ALASKA even more likely today. Yet S. 900 provides many countries around the world over the past IN THE HOUSE OF REPRESENTATIVES inadequate protections for taxpayers, deposi- two years.’’ Fifth, the conference agreement would let Monday, November 8, 1999 tors, investors, and consumers. Now, I can tell that some of my colleagues banks evaluate and process health and other Mr. YOUNG of Alaska. Mr. Speaker, it is are bracing themselves for a speech about the insurance claims without having to comply with deep regret that the Committee on Re- Crash of 1929 and the Great Depression that with state consumer protections. This means sources bids farewell to Marcia Stewart, Legis- followed it. I am not giving that speech today. that banks, of all people, will make important lative Assistant to the Chief Counsel of the I am not opposing S. 900 because I am stuck medical benefit decisions that patients and Committee. Marcia has been not only the right in the past. I am opposing S. 900 because it’s doctors should make. According to the Na- hand of the Chief Council’s office, but often a bad bill today and for the future. About the tional Association of Insurance Commis- the heart, head and both feet. past, I will only observe that he who does not sioners, S. 900 could prevent up to 1,781 Marcia Stewart is one of those staffers often learn from it, is doomed to repeat it. This bill state insurance consumer protection laws and seen but seldom heard. Her job was not a bears dangerous seeds. regulations from being applied to banks that glamorous one, but one which was integral to First, S. 900 facilitates affiliations between conduct insurance activities. State laws could the efficient and effective operation of the banks, brokerages, and insurance companies, be preempted that require consumers to be Committee on Resources. With her help, the creating institutions that are ‘‘too big to fail.’’ paid claims they are due and that protect con- Resources Committee has been one of the However, it does not reform deposit insurance sumers against predatory practices of banks most productive in the House and she had a or antitrust implementation and enforcement. that sell credit insurance. S. 900 also pre- hand in every bill we moved (and we have The bill’s supporters tout all the benefits to empts state consumer privacy laws restricting moved hundreds so far). Her presence in consumers, but woe to the American people the dissemination of medical and other per- markups, in hearings and on the Floor en- when they have to pick up the tab for one of sonal information by a bank engaged in insur- sured that all would go well. In fact, her very these failures or when competition disappears ance activities. The conference committee re- first time staffing a bill on the Floor, the vote and prices shoot up. jected an amendment that I offered to address was unanimous, probably because no one It also authorizes banks’ direct operating these serious shortcomings. could bear to disappoint her. subsidiaries to engage in risky new principal Sixth, S. 900 contains provisions (subtitle B Marcia came to the Committee from the activities like securities underwriting and, in of title III) on the redomestication of mutual in- former Committee on Merchant Marine and five years, merchant banking with Treasury surers that are opposed by the National Con- Fisheries, where she served as a staff assist- and Federal Reserve approval. The flimsy limi- ference of State Legislatures and the National ant. Even then, her extraordinary skills were tations and firewalls will not hold back con- Conference of State Legislatures and the Na- apparent, and she was a clear choice for the tagion and underscore the foolishness in not tional Conference of Insurance Legislators. demanding duties of the Chief Counsel’s office reforming deposit insurance, and thus the They contend that this legislation is anti-con- when I became Chairman of the Resources threat to taxpayers and depositors. sumer and not in the public interest in that it Committee in the 104th Congress. Her exper- Second, the privacy provisions in S. 900 are would preempt the anti-mutualization laws in tise and organizational skills have kept our a sham. The bill gives financial institutions 30 states and places as many as 35 million

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29065 policyholders, many of our constituents, at risk The Act will permit the creation of new fi- IN HONOR OF NORTHEAST OHIO of losing $94.7 billion in equity. Their letter nancial holding companies, which can offer AREAWIDE COORDINATING AGEN- also follows my statement. banking, insurance, securities and other finan- CY Finally, our capital markets are the envy of cial products. These new structures will allow the world and their success rests on the high American financial firms to take advantage of HON. DENNIS J. KUCINICH greater operating efficiencies. For financial in- level of public confidence in their integrity, fair- OF OHIO ness, transparency, and liquidity. While S. 900 stitutions, increased efficiency will mean in- IN THE HOUSE OF REPRESENTATIVES pays lip service to the functional regulation of creased competitiveness in the global market- securities by the SEC, it, in fact, creates too place. For consumers, increased competition Monday, November 8, 1999 many loopholes in securities regulation—too will mean greater choice, more innovative Mr. KUCINICH. Mr. Speaker, I rise today to many products are carved out, and too many services, and lower prices for financial prod- congratulate Northeast Ohio Areawide Coordi- activities are exempted—thus preventing the ucts. For the economy, this will mean better nating Agency (NOACA) on their recent award SEC from effectively monitoring and protecting access to capital to spur growth. for Outstanding Overall Achievement for large U.S. markets and investors. In a final indignity, Since the beginning of my service in the Metropolitan Planning Organizations presented the effective date of the securities title was ex- United States Congress, I have been com- by the Association of Metropolitan Planning tended mysteriously to 18 months from the mitted to the vitality of the Community Rein- Organizations. This prestigious award, given one year approved by the conference com- vestment Act (CRA). I am encouraged that to only one organization nationwide each year, mittee. So, the title I Glass-Steagall repeal is this Act, for the first time, will apply CRA to was well deserved. effective 120 days after date of enactment, the banks and their holding companies as they ex- The Outstanding Overall Achievement for insurance provisions are effective on date of pand into newly authorized non-banking activi- large metropolitan Planning Organizations enactment, the pitiful privacy provisions are ef- ties. Until now, the law has permitted banking Award recognizes exceptional work in metro- fective six months after the date of enactment, organizations to make very large acquisitions politan transportation planning. NOACA’s but the banks do not have to comply with the of securities firms and to engage in other non- award nomination focused on the newly adopt- federal securities laws until 18 months or a bank activities without any CRA performance ed transportation plan, Framework for Action year and a half after the date of enactment. requirements at all. Under this bill, no banking 2025. This plan is a 25-year innovative, goal- This makes absolutely no sense whatsoever, organization can become involved in these oriented plan that supports transportation in- but, considering all the other problems with new activities if any of its insured depository vestments that boost economic redevelopment this bill, is par for the course. affiliates has a less than satisfactory CRA rat- in the region’s core cities. Framework for Ac- I support modernization of our financial ing. This is a flat prohibition, and I believe a tion 2025 also focuses on preserving the envi- laws. I support competition and innovation. I move in the right direction toward the expan- ronment, improving the efficiency of the trans- do not believe either should be accomplished sion of CRA from current law. Like many of portation system and providing greater trans- at the expense of taxpayers, depositors, inves- my colleagues, I stringently support the expan- portation choices for the local commuters. tors, consumers, and our communities. sion of CRA. However, as a veteran legislator, In the past, the NOACA has made signifi- S. 900 is a bad bill for the reasons I have I recognize that the legislative process, by def- cant achievements by making cooperative outlined. I therefore refused to sign the con- inition, produces compromises by all parties. I planning efforts. Their newly adopted plan ference report and I will vote ‘‘no’’ on passage. believe that the CRA provisions in S. 900 are shows that they are still committed to this in f a good compromise toward ensuring that the the future. NOACA has made tremendous ef- modernization of our financial system works forts to reach out to Northeast Ohio and make CONFERENCE REPORT ON S. 900, for all Americans. innovative improvements in the transportation GRAMM-LEACH-BLILEY ACT For the first time, financial institutions must industry. clearly state their privacy policies to customers My fellow colleagues, please join me in hon- SPEECH OF up front, allowing customers to make informed oring this fine organization as they accept the HON. CAROLYN C. KILPATRICK choices about privacy protection. The Act will Outstanding Overall Achievement Award for OF MICHIGAN require financial institutions to notify customers large Metropolitan Planning Organizations. IN THE HOUSE OF REPRESENTATIVES when they intend to share financial information This is a significant achievement and tremen- with third parties, and to allow customers to Thursday, November 4, 1999 dous honor for the organization. ‘‘opt-out’’ of any such information sharing. f Ms. KILPATRICK. Madam Speaker, I rise Under existing law, information on everything today in support of S. 900, the Financial Serv- from account balances to credit card trans- OUR DOMESTIC CHILD LABOR ices Modernization Act. This conference report actions can be shared by a financial institution LAWS SHOULD BE REFORMED is the culmination of years of efforts on the without a customer’s knowledge. This can in- SEVENTEEN MAGAZINE REPORTS part of Congress, several Administrations, and clude selling information to non-bank firms ON PROBLEMS OF CHILD LABOR federal financial regulators to create a rational such as telemarketers. This Act provides the IN AGRICULTURE and balanced structure to sustain the contin- most extensive safeguards yet enacted to pro- ued global leadership of our nation’s financial tect the privacy of consumer financial informa- HON. TOM LANTOS service sector. This is not a perfect bill. I tion. The Act also provides other important OF CALIFORNIA would like for the Community Reinvestment consumer protections, including mandatory IN THE HOUSE OF REPRESENTATIVES Act (CRA) provisions and the privacy provi- disclosures and prohibitions on coercive sales sions of the bill to be strengthened, but I un- practices, protection of a wide variety of state Monday, November 8, 1999 derstand the political process involves com- consumer protection laws governing insurance Mr. LANTOS. Mr. Speaker, I rise today to promise, and this legislation represents just sales, strengthening protections when banks share with my colleagues in the House an arti- that. As a former member of the Banking sell securities products, and making full disclo- cle written by Gayle Forman which appeared Committee, I know that the agreement sures of fees at ATM machines. in the October 1999 edition of Seventeen reached by the members of the Conference Madam Speaker, this Act is a step forward Magazine. The article, entitled ‘‘We Are Invis- Committee and the Administration is built on in improving our nation’s financial service sys- ible,’’ is about one of this country’s ugly se- the consensus that exists among the banking, tem for the benefit of consumers, community crets—children laboring in our country’s fields, securities and insurance firms regarding the groups, businesses of all sizes, financial serv- harvesting the produce that all of us eat, and need for this legislation. This act will benefit ice providers, and investors in our nation’s working under deplorable and backbreaking consumers, businesses and the economy by economy. Financial services modernization conditions which take a toll of their health and finally reforming our antiquated banking and fi- legislation has taken a long road to final pas- education. In her excellent article, Ms. Forman nance laws. Consumers and businesses will sage. I remain committed to expanding access writes about the challenges facing children benefit from a wider array of products and to the economic mainstream for all Americans. and families who work in the fields in trying to services offered in a more competitive market- While not perfect, S. 900 will finally bring fi- scrape by on meager wages and appalling place that result directly from enactment of nancial services law in step with the market- working conditions. Since most of my col- this law. place. leagues are not avid readers of Seventeen, I

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29066 EXTENSIONS OF REMARKS November 8, 1999 want to call their attention to this article and Mr. Speaker, last year, our colleagues, Con- whom they’re working get permission from the very serious issue it raises. gressman HENRY WAXMAN and BERNARD the U.S. Department of Labor. These laws Agriculture is one of the most dangerous in- SANDERS and I released an important GAO re- may seem strange, but in the 1930s, when dustries in the United States, but children are port entitled ‘‘Children Working in Agriculture’’ child labor statutes were set up to protect children, exemptions were made so kids still allowed to work legally at very young ages which found that current legal protections, the could work on their families’ farms. Today, for unlimited hours before and after school in enforcement of those protections, and edu- however, most child agricultural laborers are extremely dangerous and unhealthy condi- cational opportunities for children working in migrant or seasonal workers who toil on tions. As many as 800,000 children work in our fields is grossly inadequate. The GAO re- someone’s else’s land. agriculture in this country, picking the fruits ports that hundreds of thousands of children Some families—whether ignorant of or just and vegetables that end up in our grocery working in agriculture suffer severe con- ignoring the laws—will let really young kids stores, either as fresh or processed fruits and sequences for their health, physical well-being work legally. ‘‘I’ve seen children as young as vegetables. six picking with their families,’’ says Diane and academic achievement. There are also Mull, executive director of the Association Children who work in our Nation’s fields are weaknesses in enforcement and data collec- of Farmworker Opportunity Programs killed and suffer life-changing injuries. Re- tion procedures, with the result that child labor (AFOP), an organization that provides sup- cently, a 9-year-old was accidently run over by violations are not being detected. port for migrant farmworkers. It’s not that a tractor and killed while working in a blue- Mr. Speaker, as a result of this article which fieldworker parents don’t love their kids. berry field in Michigan. A 13-year-old was appeared in Seventeen Magazine, young peo- ‘‘Parents are faced with tough choices. Ei- knocked off a ladder while he was picking ple around our Nation have written to me dur- ther they’re going to take their kids to the cherries in Washington State and was run ing passage of legislation to deal with these field, to help make as much money as pos- over by a trailer being pulled by a tractor. A problems. I ask that the article be placed in sible, or they won’t be able to put food on the table,’’ says Mull. 17-year-old was sprayed twice by pesticides in the RECORD, and I urge my colleagues to read She’s not exaggerating. Migrant farm- 1 week in Utah while picking peaches and the article and support meaningful comprehen- workers are among the poorest people in the pruning apple trees and died of a massive sive domestic child labor reforms, specifically country—the average family earns less than brain hemorrhage. including adoption of H.R. 2119, the ‘‘Young $10,000 a year. Janie understands that bleak Children who work in agriculture often do so American Workers Bill of Rights.’’ economic reality all too well. ‘‘When I first at the expense of their education—and edu- had to work, I was upset. I didn’t want to do [From Seventeen Magazine, October 1999] it,’’ says the bright-eyed brunette, who loves cation is critical to help these children break (By Gayle Forman) out of the cycle of poverty. Mr. Speaker, we salsa music and Jean-Claude Van Damme WE ARE INVISIBLE movies. ‘‘My parents told me it was nec- have a responsibility for the future of these Imagine that it’s summer and instead of essary if we wanted to meet our expenses. children, which means their education, and we sleeping in and then hanging at the pool, you When I looked at it that way, I wanted to have a responsibility to protect them from job wake up at 5 a.m. You get dressed in jeans help.’’ exploitation. and a long-sleeved flannel shirt, and head If parents were more aware of the dangers, Under current Federal law, children working out to a dusty field. There you spend the day they might be less willing to have their kids in agriculture receive less protection than chil- bent over at the waist, plucking cucumbers work on farms. Kids who labor in fields ac- dren working in other industries because of that grow on prickly, low-lying vines in the count for about 11 percent of working chil- many outdated and outmoded exceptions in- ground. You do this alongside your family, dren in the United States—and 40 percent of all on-the-job deaths of kids happen to that cluded in our laws. For example, children age throughout the day, taking a half-hour break for lunch. Imagine how it feels by small group. And then there are the pes- 12 and 13 can work unlimited hours outside of afternoon, when the sun’s glaring down on ticides: No one’s sure what effect the chemi- school in nonhazardous agricultural occupa- you, making you sweat so much in your cals have on kids because studies only look tions but are prohibited from working in non- heavy clothes that your body is dripping and at how pesticides affect full-grown male agricultural occupations. It is illegal for a 13- your shoes are as wet as if you’d stepped in adults. But a chemical that doesn’t hurt a year-old to be paid to do clerical work in an a puddle. Your hands swelter in gloves, but if 150-pound man may be toxic to an 80-pound air-conditioned office, but the same child can you took them off you’d be exposed to pes- girl. And long-term exposure to pesticides legally be paid to pick strawberries under the ticides or cut by thorns. Imagine that you has been linked to a bunch of health problems, from skin rashes to leukemia. blazing summer sun. In some instances, chil- work like this, sometimes for more than 12 hours, before heading back to the trailer or UPROOTED dren as young as 10 years old are working in tent that is your temporary home. You the fields harvesting our Nation’s produce. The threat of danger and disease is just shower, eat and go to sleep. The next morn- one of the hardships of being a picker. As a Mr. Speaker, our laws are inconsistent and ing you do it all over again. migrant family follows the ripening crops, out of date with regard to the long-term One more thing: Imagine that you’re nine it’s not unusual for them to live in several changes in agriculture that have taken place. years old. different places in one year. Rosa, 18, has Children working in agriculture no longer merit Janie doesn’t have to imagine this life. The been ‘‘moving around since I was a baby.’’ such separate and unequal protection. The 18-year-old from Weslaco, Texas, began She and her family do the West Coast agricultural industry is no longer dominated by working in the fields when she was nine. route—picking in California from January to Along with her parents, two brothers and a May, then traveling up to Washington to family farmers who look out for their own chil- sister, Janie is a farmer—but not the kind dren’s health and well-being as they work in harvest berries and apples until November. most of us think of. They don’t live in a Conditions in the camps where Rosa lives agriculture. Today, major agricultural conglom- farmhouse or till their own fields. Rather, aren’t as comfortable as the trailers Janie erates control much of the production and the they’re migrant farmworkers who crisscross stayed in. When Rosa travels, she, her par- work force in agriculture, and children who the country from spring to fall, traveling ents, and four siblings usually live in a van work in the fields are hired laborers. Given from crop to crop, picking the fruits and or in tents near the fields. Meals are cooked these and other changes in our Nation’s agri- vegetables that wind up on our tables. over a campfire. When the season’s over, the In spite of all the technological advances family heads to Mexico for November and cultural economy, I ask why children in agri- in this country, a majority of crops—includ- culture should be treated differently than chil- December. ing the oranges in your juice and the pickles This nomadic existence can totally mess dren working in other industries. on your burger—must be harvested by hand. up your academic life. When Rosa leaves Mr. Speaker, earlier this year, I introduced And many of those hands belong to kids. The California in May, she also has to leave H.R. 2119, the ‘‘Young American Workers’ Bill United Farm Workers union estimates that school early. Come September, she’s usually of Rights Act’’ which would provide equal as many as 800,000 children work in agri- in Washington, meaning she has to start standards of protection for children who work culture in this country—and most of these classes there. She misses six weeks of school in agriculture and children who work in other kids are U.S. residents or citizens. when she’s in Mexico, too. Every time she sectors of our Nation’s economy. The ‘‘Young DANGEROUS—AND LEGAL switches schools, she tries to catch up, but American Workers Bill of Rights’’ would take Here’s the thing. Such work is not against she still gets shoved in remedial classes. Plus children under the age of 14 out of the fields. the law. Under our child labor rules, a 13- her constant state of flux means that she’s year-old cannot work in a clothing store forever the new girl. ‘‘It’s hard. I’m always It would create an exception only for family after school, but she or he can labor in a crying on the first day of school,’’ Rosa says. farms, where children would still be able to as- field. In fact, it’s legal for children as young ‘‘I just sit in a corner, and after two weeks sist their parents on farms owned or operated as 10 to hand-harvest crops for five hours a in one place, we move again.’’ It can be a by their family. day if their parents and the farmers for lonely life, and lots of migrant kids say

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29067 they’d rather stick to themselves than build been cracking down on farmers who employ across America, including several in the 1st relationships only to sever them. ‘‘I would underage kids. But, say advocates like Lan- Congressional District of Arkansas which I like to have friends,’’ says Rosa. ‘‘But it’s tos, to really keep children out of the fields, was so proud to represent. hard to make them. And I can’t do the kinds we must change the laws so that it’s no November 11 was originally the day com- of things you do with friends because I don’t longer legal for them to be there. Lantos re- have money.’’ cently proposed a Young American Workers’ memorating the 1918 armistice that ended Rosa hopes to graduate high school and be- Bill of Rights, which aims to close the loop- World War I. The original Armistice Day cele- come a nurse, but those gaps in her edu- holes in child labor laws that make it legal brated the signing of the armistice between cation mean she has missed out on more for kids and young teens to work long hours the Allies and the Central Powers at the 11th than a full social life. The director of her in agriculture. Secretary of Labor Alexis M. hour of the 11th day of the 11th month. The school’s migrant program thinks Rosa will Herman says she’s also trying ‘‘to see how first commemorative ceremony was held when have a tough time making it to nursing [current child labor laws] can be strength- school. Even so, it’s not impossible for mi- an American soldier was buried in the Arling- ened.’’ ton National Cemetery at the same time as a grant teens to succeed. In spite of her stop- But banning child labor and actually stop- and-go schooling, Janie has managed to kick ping it from happening are two very different British soldier was buried in Westminster serious academic butt, acing her honors things. ‘‘We find children working in the Abbey and a French soldier was buried at the classes. After an essay that she’d written fields in this country for many reasons be- Arc de Triomphe. In 1954, following World about being a migrant caught the eye of peo- sides a disregard for the law,’’ says Secretary War II and the Korean Conflict, Armistice Day ple at AFOP, Janie was selected to attend an Herman. ‘‘We have to address the root became known as Veterans Day. Realizing International Labor Organization conference causes—chronic poverty, lack of child care, that peace was equally preserved by veterans in Switzerland in June. Last spring she grad- underemployment.’’ And the government is uated from high school with a 4.0 GPA. She of WW II and Korea, Congress was requested trying. The federal government funds Mi- to make this day an occasion to honor those was set to go to Ohio State University—and grant Head Start and other education pro- then her scholarship fell through. Anxious to grams that give kids a place to go during the who have served America in all wars. get on with her education, Janie enlisted in day while their parents pick, and provide Many times we have asked our veterans to the army rather than wait to reapply for them with a school away from school, so put their lives on hold, to leave their families scholarships. they can continue their studies when their to serve their country and protect our free- MONEY DOESN’T GROW ON TREES families are on the road. President Clinton doms. Because of their strength and courage, If Janey is a success story among migrant has allocated more cash for education pro- all Americans enjoy the ideals of democracy. teens, she’s also an exception. A near major- grams as well as job training projects that On Veterans Day, it is important to remem- ity of migrants—45 to 55 percent, says Mull— give kids (and adults) alternatives to the ber that our Nation owes a commitment to our fields. There have also been efforts to make don’t graduate from high school. ‘‘There are veterans every day of the year. We salute the all these incentives for the kids not to stay parents aware of the dangers of farmwork in school,’’ says Mull. ‘‘They have the dis- and the importance of keeping kids in millions of Americans who, because of their ruption in the flow of education. Some par- school. courage, have given us the freedom that we ents want older kids to work full-time. [In Ultimately, though, migrant teens and all enjoy. These heroes sacrificed for love of Mexico, where many migrant families are their families will find it a rough road to country, not only answering the call of our from, it’s not uncommon for kids to leave hoe, says Mull. Major improvement in condi- flag, but also honoring its meaning. Veterans’ school at 15.] Once they [these kids] start tions would mean, among other things, pay- Day is a time for all Americans to remember earning money, the motivation is to make ing adult pickers more so there would be less their extraordinary commitment that has made more money.’’ pressure to make kids work. But increasing Cash was definitely on Rosalino’s mind wages could raise produce prices—and few our country the greatest nation that has ever when he dropped out of school. Up until consumers relish the idea of shelling out been. eighth grade, Rosalino, 18, lived and went to more money for a head of lettuce. Maybe if On this Veterans Day, we should all express school in Mexico. After he and his family people understood the plight of migrant our sincere thanks to our fellow Americans moved to Florida when he was 13, Rosalino teens, they’d be willing to pay a few extra who valiantly served abroad in the U.S. Armed quit school so he could help his family earn bucks a year to help, but, as Janie says, mi- Forces. We should all reflect on the pride we money. ‘‘During the winter I work in straw- grants are pretty much invisible to many share in the men and women who have kept berry fields in Florida,’’ he explains, sitting Americans. ‘‘I’ve met people who are running our Nation free and strong. under a weeping willow tree at a migrant the country who don’t know about the mi- f camp in Michigan. ‘‘In June my father and grant life,’’ says Janie. ‘‘Most people don’t brothers and sisters drive two days to Michi- even know we exist.’’ DECEPTIVE MAIL PREVENTION gan, where we pick until October.’’ At the f height of the season, Rosalino clears $200 a AND ENFORCEMENT ACT week—most of which goes to his family. PERSONAL EXPLANATION That money must tide them over during the SPEECH OF slow winter months, when jobs are sparse. HON. DANNY K. DAVIS The average migrant farmer works only 26 HON. MARK UDALL OF ILLINOIS weeks a year, and many can’t collect unem- OF COLORADO ployment during the off-season. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES When Rosalino ponders his future, he hopes Tuesday, November 2, 1999 he’ll be able to shake the mud off his boots Monday, November 8, 1999 and leave the fields. ‘‘I don’t want to work Mr. UDALL of Colorado. Mr. Speaker, on Mr. DAVIS of Illinois. Mr. Speaker, I am on farms all my life,’’ he says. In his pursuit November 4th, I was unavoidably detained proud to have played a part in the House con- of a better career, however, he’s hindered by from casting rollcall vote 569. sideration and markup of the Honesty in a host of handicaps. He doesn’t speak Had I been present, I would have voted Sweepstakes Act of 1999. Last month, the English, though he’s lived in the United ‘‘no’’ on rollcall vote 569. Subcommittee on the Postal Service marked States for six years, and he doesn’t have too up H.R. 170, and unanimously approved an many skills under his belt other than f fieldwork. amendment in the nature of a substitute of- It’s kids like Rosalino who worry chil- HONORING OUR NATION’S fered by the ranking minority member con- dren’s advocates like California Representa- VETERANS ON VETERANS’ DAY gressman FATTAH and chairman MCHUGH. Our tive Tom Lantos. The migrant life is usually bill which closely mirrors sweepstakes legisla- a prison of poverty, Lantos says, and edu- HON. MARION BERRY tion passed by the Senate in August would: cation is the key to unlocking that jail. Impose disclosure requirements relating to ‘‘These children won’t have any future 10, 20, OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES sweepstakes mailings and skills contests (con- 30 years from now if they are deprived of tests in which a prize is awarded based on their education, if their total work experi- Monday, November 8, 1999 ence is farm labor,’’ says Lantos. ‘‘We must skill, and a purchase, payment, or donation is provide them with an education and an op- Mr. BERRY. Mr. Speaker, I rise today to required) concerning rules, terms, conditions, portunity to develop their potential.’’ pay tribute to the millions of Americans who sponsor, place of business of sponsor, odds of LABOR AGAINST LABOR served and sacrificed for our country in wars winning, and other information to help ensure Unlike a lot of countries that turn a blind all over the world. This week we celebrate the consumer has complete information about eye to child labor, the United States has Veterans’ Day in thousands of ceremonies the contest;

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29068 EXTENSIONS OF REMARKS November 8, 1999 Prohibit mailings that suggest a connection the Postal Service Inspector General, and hospitals for the Medicare FY 2000 and 2001 to the federal government, or that contain Courtney Cook, of the minority staff. Your hard cost reporting periods for the direct and indi- false representations implying that federal gov- work, input and support have been appre- rect expenses associated with operating ap- ernment benefits or services will be affected ciated. proved medical residency training programs; by participation or nonparticipation in the con- Mr. Speaker, I thank you for being gracious (3) sets a floor on outpatient hospital pay- test; and working with us to achieve a bipartisan ments so that rural hospitals do not fall below Require that copies of checks sent in any bill. 1999 levels and establishes a new payment mailing must include a statement on the check f system for rural health centers; itself stating that it is nonnegotiable and has (4) revises the payment system for commu- no cash value; MEDICARE, MEDICAID, AND SCHIP nity health centers so that it more adequately Require certain disclosures to be clearly and BALANCED BUDGET REFINE- reimburses for the costs of care and allows conspicuously displayed in certain parts of the MENT ACT OF 1999 safety net providers that provide health cov- sweepstakes and skill contest promotions; erage to low-income Americans to be directly Require sweepstakes companies to main- SPEECH OF compensated for their services; tain individual do-not-mail lists; HON. BOBBY L. RUSH (5) eliminates the $1,500 per beneficiary Give the Postal Service additional environ- OF ILLINOIS cap imposed by the BBA and replaces it with ment tools to investigate and stop deceptive IN THE HOUSE OF REPRESENTATIVES a payment system that is based on the sever- mailings, including the authority to impose civil ity of illness; penalties and subpoena authority; Friday, November 5, 1999 (6) revises the BBA’s new prospective pay- Require that companies adopt reasonable Mr. RUSH. Mr. Speaker, I rise to express ment system for skilled nursing facilities by in- practices and procedures to prevent the mail- my opposition to the process by which we are creasing reimbursements for patients needing ing of materials on sweepstakes or skills con- considering some of the most important legis- a high level of services to more accurately re- tests to individuals who have written to the lation that this House will debate during this flect the cost of their care; companies requesting not to receive such session of Congress—the Medicare, Medicaid (7) delays a scheduled 15% reduction in the mailings; and Schip Balanced Budget Refinement Act of home health interim payment system if the Establish a private right of action in state 1999. As a member of the Commerce Com- Secretary of Health and Human Services court for consumers who receive follow-up mittee, I would have liked to have had the op- misses the deadline for instituting the new pro- mailings despite having requested removal portunity to fully debate the Medicare, Med- spective system. H.R. 3415 also allows for in- from a mailer’s list; and icaid and SCHIP changes that this legislation terest free recoupment of overpayments due Establish a federal floor above which states makes. Particularly, in light of the impact the to HCFA’s underestimation of the interim pay- could enact more restrictive requirements. Balanced Budget Act has had on Illinois hos- ment rates for certain agencies. Finally, H.R. H.R. 170 adds two very important and crit- pitals. 3415 provides additional protections for sen- ical provisions consumer protection provisions. Illinois hospitals are experiencing severe fi- iors citizens and persons with disabilities and First, we provided the Postal Service with sub- nancial hardship as a result of the Balanced strengthens protections and sanctions for poena authority to combat sweepstakes fraud. Budget Act of 1977 (P.L. 105–33). The cuts Medicare fraud and abuse. In addition, we have limited the scope of sub- mandated by the BBA were supposed to sim- Mr. Speaker, I introduced the Health Care poena authority to only those provisions of law ply slow the growth in the Medicare program. Preservation and Accessibility Act of 1999 addressing deceptive mailings, and required However, the Act ‘‘overcorrected’’ the growth when it looked as if we could not reach agree- the Postal Service to develop procedures for in Medicare spending and severely reduced ment on even the minimal BBA relief that the the issuance of subpoenas. Medicare reimbursements to hospitals and legislation before us provides to Illinois hos- The second provision contains language au- health service providers for five years begin- pitals, and hospitals across the nation. I am thored by the ranking minority member, Con- ning in 1997. In Illinois alone, it is estimated reluctantly supporting the legislation before us gressman FATTAH which added a private right that hospitals will lose $2.8 billion in Medicare today, because it is the only option that has of action to sweepstakes legislation. This pro- payments over a five year period. The finan- been presented to us. But it is my hope that vision now a part of H.R. 170, would allow cial burden of the BBA cuts is particularly we will have the courage to revisit this issue consumers to file suit in state court if a sweep- acute for the teaching hospitals in my state. in the next session, and complete the job that stakes promoter continues to send mailings Because Illinois ranks fifth in the nation in the we have only begun with H.R. 3075. despite having requested removal from a mail- number of teaching hospitals, and these facili- f er’s list. This important enforcement tool, con- ties are expected to lose more than $1.6 bil- tained in section 8 of H.R. 170, is supported lion over the five-year period, of the BBA’s life. CONFERENCE REPORT ON S. 900, by the National Consumers League, the Amer- These cuts have a devastating effect on the GRAMM-LEACH-BLILEY ACT ican Association of Retired Persons and the communities that they serve. Direct Marketing Association. I opposed the Balanced Budget Act when it SPEECH OF The issue of consumer protection, whether it was debated by the House of Representatives HON. JERRY F. COSTELLO relates to telemarketing fraud or sweepstakes in 1997. I believed that it was bad policy then, OF ILLINOIS deception is finally receiving the attention it and believe that it is bad policy now. IN THE HOUSE OF REPRESENTATIVES deserves and I am pleased we have provided In order to provide relief for the teaching additional consumer protection along this line. hospitals and other health service providers Thursday, November 4, 1999 I would be remiss if I did not thank my col- that were so adversely impacted by the BBA, Mr. COSTELLO. Madam Speaker, I rise leagues who have sponsored honesty in I introduced legislation, Health Care Preserva- today in strong opposition to the Financial sweepstakes legislation in the House. Special tion and Accessibility Act of 1999, H.R. 3145, Services Modernization Act. This bill was bro- recognition deserves to go to the authors of to restore some of the Medicare reimburse- kered by the Republican leadership, in a part- H.R. 170, Congressmen LOBIONDO and ments that the BBA reduced. The legislation nership with the large financial services lobby- CONDIT. Their diligence has ensured a bipar- was intended to accomplish this in a number ists, to the benefit of enormous corporations at tisan bill. I would also like to acknowledge the of ways: the ultimate expense of the American con- support of Congressman BLAGOJEVICH, himself (1) H.R. 3415 would freeze the cuts in indi- sumer. the sponsor of sweepstakes legislation, H.R. rect medical payments (IME) to teaching hos- This bill will expedite the creation of mega- 2731, the Consumer Choice and Sweepstakes pitals at 1999 levels. It also freezes cuts in the bucks malls—the one-stop shopping of the fi- Control Act. disproportionate share payments (DSH pay- nancial world. This will hurt consumers be- Special recognition goes to the State of ments) at 2% and provides payments directly cause as financial services providers consoli- New York, Office of the Attorney General, the to those serving a large share of low-income date, competition will decline and consolidate National Association of Attorneys General, the patients; decision-making and services among fewer Federal Trade Commission, National Con- (2) directs the Secretary of Health and service providers. Should one of these enor- sumers League, the American Association of Human Services to make payments for Grad- mous institutions suffer a financial decline, we Retired Persons, Direct Marketing Association, uate Medical Education (GME) to children’s could see calls for a bailout that will recall the

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29069 savings and loan debacle of the 1980’s, with businesses from formation to long term growth oring a great and good man. We are indeed taxpayers footing the bill. as the Chair of the California Commission for a better country and a better people because I am also concerned of the effects that the Economic Development. He focused particular of him. Community Reinvestment Act provision may attention upon working to improve the involve- f have on certain banks in my district. By re- ment of businesses in international trading and viewing small banks which provide service in investment, particularly in Pacific Rim markets, DOROTHY’S PLACE HOSPITALITY underserved communities only once every 4 an area of lifelong interest. CENTER or 5 years, there is no guarantee that these In 1992, while still in office, Leo McCarthy banks will maintain their lending standards to aided over 100 women and minority business HON. SAM FARR these communities. A two-year review en- investors by publishing an award-winning OF CALIFORNIA forced this. Underserved communities need to guide titled, Starting and Succeeding in Busi- IN THE HOUSE OF REPRESENTATIVES be ensured of financial assistance, and this bill ness: A Special Publication for Small, Minority- Monday, November 8, 1999 does not provide that guarantee. and Women-Owned Businesses. At the same Most frightening, however, is the effect the time, he helped California implement the Mr. FARR of California. Mr. Speaker, I rise privacy provisions will have. Under this bill, fi- Greater Avenues for Independence (GAIN) today to commemorate the millionth meal nancial institutions have access to and dis- program which helps welfare recipients move served by Dorothy’s Place Hospitality Center. tribute our personal information, including our into private sector jobs. In 1992, Leo McCar- Founded in 1982 by Robert Smith and oper- bank and brokerage account or insurance thy sponsored both the Mammography Quality ated by the Franciscan Workers of Junipero record information, to all the institution’s divi- Assurance Act that created new standards Serra, Dorothy’s Place is a local soup kitchen sions and affiliates, without the customer’s governing both mammography facilities and in Salinas that has provided food and support permission. In addition, banks will share our technology, and Senate Joint Resolution 32, daily to the hungry and the homeless. consumer information with third parties unless which declared that breast cancer was an epi- Dorothy’s Place Hospitality Center has for the consumer explicitly tells the financial insti- demic in California, requesting that the Presi- more than seventeen years provided meals as tution not to. The walls protecting our financial dent and the Congress dedicate greater funds well as support to the less fortunate members privacy and other personal information are to find the causes of and a cure for the dis- of Salinas County during times of need and slowly being eroded. ease. hardship. The staff and volunteers have gra- While the Financial Services Modernization Upon his retirement from public office in ciously extended themselves through commit- Act may modernize the financial world, it does 1994, instead of indulging in a well-deserved ment and generosity to our local poor. so at the expense of the consumers. I cannot rest, Leo McCarthy joined the board of the Dorothy’s Place is a great community resource support this legislation. Linear Technology Corporation, a high tech deserving of praise and thanks for the humani- f firm which manufactures analog integrated cir- tarian spirit and service that it has provided for cuits and in 1998, produced $460 million in so many years. TRIBUTE TO THE HONORABLE LEO sales. He also became a board member of It is with great pleasure that I commend T. MCCARTHY two mutual funds, the Parnassus Fund, a so- Dorothy’s Place Hospitality Center for serving cially responsible fund that invests a $400 mil- its millionth meal. For its exemplary record of HON. ANNA G. ESHOO lion investment portfolio in domestic stocks service to the poor and hungry, I would like to OF CALIFORNIA and bonds, and Forward Funds, Inc., which fo- extend best wishes for success in the future IN THE HOUSE OF REPRESENTATIVES cuses on investing in domestic and foreign eq- as this establishment continues to make in- uities and bonds with a $230 million invest- valuable contributions to our community. Monday, November 8, 1999 ment portfolio. f Ms. ESHOO. Mr. Speaker, I rise today to Leo McCarthy is also the Vice Chair on the honor a distinguished American, a revered Board of Open Data Systems, a private firm JAPANESE ‘‘COMFORT WOMEN’’ Californian, and a dear friend, Leo T. McCar- which creates software aimed at facilitating the thy, on the occasion of his induction into the accurate recording and processing of building HON. LANE EVANS San Francisco Law School Hall of Fame. permits and other development documents OF ILLINOIS Born in Auckland, New Zealand, Leo immi- used by local governments. All of these pri- IN THE HOUSE OF REPRESENTATIVES grated with his family to the United States at vate sector businesses have subsequently Monday, November 8, 1999 the age of three. He earned his undergraduate benefited from his active and enthusiastic in- degree from the University of San Francisco volvement as a board member. In 1995, Leo Mr. EVANS. Mr. Speaker, I rise today to and his law degree from San Francisco Law McCarthy became President of the Daniel speak about one of the great injustices, one of School. Admitted to the practice of law in both Group, a law partnership which focuses on the most flagrant violations of human rights. the Federal and State courts of California on international trade and market investment. During World War Two, the Japanese mili- January 15, 1963, Leo McCarthy was also With all these responsibilities, Leo McCarthy tary forced hundreds of thousands of women elected to the San Francisco Board of Super- has continued his public service. Appointed to to serve as sexual slaves. Euphemistically visors in 1963. the National Gambling Impact Study Commis- known as ‘‘comfort women’’, they were pre- In 1968, Leo McCarthy was elected to the sion by the U.S. Senate Democratic Leader- dominantly Korean women and girls abducted California State Legislature where he served ship, the Commission has undertaken a two from their homes and forced to serve Japa- with great distinction until 1982. Chosen year study of the impact of all forms of legal nese soldiers. This government-sanctioned Speaker of the California State Assembly in gambling in the United States at the order of program created untold numbers of comfort 1974, he focused his considerable talents and the President and the Congress. stations or military brothels throughout Japa- energy upon creating State policy in areas Leo McCarthy and his wife Jacqueline have nese-occupied territories in the Pacific Rim. ranging from education to health. He has been married for over 40 years. They have For decades after the war, the Japanese given important service as a member of the four exceptionally talented children, Sharon, a government denied the existence of ‘‘comfort World Trade Commission, the University of fifth grade teacher, Conna, an attorney, Adam, women’’ and the comfort stations, but in 1994, California Board of Regents, and the California an import-export businessman, and Niall, an their position changed. The Japanese govern- State University Board of Trustees where both attorney, and they are the proud grandparents ment admitted that ‘‘the then Japanese military his passion for excellence and civic spirit were of eight. was directly or indirectly involved in the estab- always evident. Leo McCarthy’s life of leadership is instruc- lishment and management of comfort stations On January 3, 1983, Leo McCarthy became tive to us all. His dedication to the ideals of and the transfer of ‘‘comfort women [and] that the Lieutenant Governor of the State of Cali- both democracy and public service stand tall. this was an act that severely injured the fornia, a position he retained until his retire- I am especially blessed to have him as a men- honour and dignity of many women’’. ment from elective office in 1994. Once again, tor, a colleague, and a friend. It is fitting that In 1993, international jurists in Geneva, his commitment to serving both his nation and the San Francisco Law School has chosen to Switzerland ruled that women who were the people of California was clearly manifested induct him into its Hall of Fame and I ask my forced to be sexual slaves of the Japanese by his dedication to his office. He nurtured colleagues, Mr. Speaker, to join me in hon- military deserve at least $40,000 each from

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 29070 EXTENSIONS OF REMARKS November 8, 1999 the state treasury as compensation for their We must not remain silent. H.R. 3196—FOREIGN OPERATIONS extreme pain and suffering. APPROPRIATIONS BILL Mr. Speaker, the Japanese government has f a legal as well as moral responsibility to face HON. MIKE McINTYRE its history. To continue to indignantly brush MEDICARE, MEDICAID, AND SCHIP OF NORTH CAROLINA away these women’s claims adds insult to in- BALANCED BUDGET REFINE- IN THE HOUSE OF REPRESENTATIVES jury. MENT ACT OF 1999 Monday, November 8, 1999 Stripped of their dignity, robbed of their honor, most of them were forced to live their Mr. McINTYRE. Mr. Speaker, for the record, lives carrying those horrific experiences with SPEECH OF this is to clarify that the ‘‘no’’ vote I cast on them covered under a veil of shame. I don’t November 5, 1999, against the foreign Oper- think they should do so any longer. HON. JERROLD NADLER ations Appropriations bill is by no means an I believe the Japanese government must do OF NEW YORK indication that I am opposed to foreign aid for whatever can be done to restore some dignity Israel, India, Greece, or Cyprus. Indeed, my IN THE HOUSE OF REPRESENTATIVES for these women. voting record with regard to aid for these The German government has formally Friday, November 5, 1999 countries clearly exemplifies my strong sup- apologized to the victims of the Holocaust as port for them. Our country should value our re- well as other war crimes victims and has gone Mr. NADLER. Mr. Speaker, I rise today to lationships with these and other nations who to great lengths to provide for their needs and explain my vote against H.R. 3075, the Medi- are allies and partners for peace. In fact, I recovery, but the Japanese government has care, Medicaid, and SCHIP Balanced Budget voted for the Young Amendment to the For- yet to do so. Refinement Act. This bill makes several impor- eign Operations bill because it is critical to our That is why, in the strongest possible terms, tant restorations of cuts that were made to the national security interests that we provide assistance to implement the Wye River Accord I call upon Japan to formally issue a clear and Medicare program in the Balanced Budget Act between Israel, the Palestinian Authority, and unambiguous apology for the atrocious war of 1997. However, this bill also includes a pro- Jordan. The reason I voted against the For- crimes committed by the Japanese military vision that would hurt New York City’s teach- during World War II and offer reparations no eign Appropriations bill is because we, as a ing hospitals and render meaningless the less than $40,000 for each of the ‘‘comfort Nation, have an obligation to take care of our women’’. The surviving women are advanced other positive measures in this bill. own families first and provide them with the in age, and time is of the essence. They have Mr. Speaker, America’s hospitals are hurting aid they need especially in times of dire emer- waited so long. They should wait no longer. and they need relief from the mammoth cuts gencies. The citizens of North Carolina are Critics may ask why we should even dredge made by the Balanced Act. I was one of the facing an imminent crisis in the wake of three up something that happened so long ago and few lawmakers who voted against the Bal- major hurricanes that must be addressed immediately by Congress with the passage of an halfway across the world? anced Budget Act because I knew it would emergency relief bill. Until that happens, it is Let me turn the critics’ attention to the U.S. have these consequences. We should not be improper for us to place the needs of other Constitution. It reads: ‘‘We hold these truths to surprised that cutting over $200 billion from be self-evident, that all men are created equal, countries ahead of the needs of our own tax- Medicare would cause the quality of care to that they are endowed by their creator with payers. suffer in many hospitals. In New York State certain unalienable rights...’’ f Mr. Speaker, this nation was an experiment. alone, it has been estimated that hospitals CONFERENCE REPORT ON S. 900, An experiment to form a new system of gov- have lost over $550 million so far and could GRAMM-LEACH-BLILEY ACT ernment. A government based on the then- face up to $3 billion more in cuts over 5 years radical concept that we all have certain God- without new legislation. H.R. 3075 would make SPEECH OF given rights that should not be violated—each a small, but important, down payment toward and every one of us in this world. It matters restoring those cuts. HON. JOHN J. LaFALCE OF NEW YORK not that injustices were committed against However, it is shameful that in the name of women and girls in East Asia over fifty years IN THE HOUSE OF REPRESENTATIVES providing relief, this bill would create even ago or fifty minutes ago. There is no statute of Thursday, November 4, 1999 more pain for New York. At the last minute, a limitation on crimes against humanity. When Mr. LAFALCE. Madam Speaker, I rise in provision was added to change the method- human rights are violated, the international strong support of the conference report on S. ology by which Medicare reimburses teaching community must act because we have a moral 900, the Gramm-Leach-Bliley Financial Mod- responsibility to do so. hospitals for their direct medical education ernization Act of 1999. Even today, we sometimes turn a blind eye costs from one based on actual cost to one In July, the House passed its version of fi- to human rights. We sometimes take them for based on national average costs. This would nancial modernization (H.R. 10), with a broad granted. We sometimes stay silent. But we shift over $45 million a year from New York bipartisan vote of 343–86. The Senate passed shouldn’t. State, where costs are well above the national a partisan product (S. 900) by a narrow mar- Two hundred years ago, Thomas Jefferson average, to other parts of the country. In my gin of 54–44, a bill which the White House in- wrote: ‘‘the laws of humanity make it a duty for district alone, teaching hospitals would lose al- dicated it would veto because of its negative nations, as well as individuals, to help those most $12 million in the first five years this pro- impact on the national bank charter, highly whom accident and distress have thrown upon vision would be in effect. Teaching hospitals problematic provisions on the Community Re- them.’’ help train the next generation of physicians. It investment Act (CRA) and its nonexistent pri- Mr. Speaker, I strongly believe we have a would be unwise to shortchange this invest- vacy protections. duty. We have a duty to help those who need The conference report necessarily rep- ment for the future. our help. We have a duty to stand up for resents a compromise between the two those who cannot stand up on their own. We It is unfortunate that this provision was in- versions. But it is a good and balanced com- have a duty to speak up for those who have serted at the last minute during the final nego- promise. It effectively modernizes our financial no voices and to do what is just and what is tiations, from which Democrats were frozen system, while ensuring strong protections for right. out. In addition, H.R. 3075 was brought up consumers and communities. As a result, the So, let us do what is just and what is right under suspension of the rules, allowing little Administration strongly supports the con- for the ‘‘comfort women’’ and other victims. Let debate and no opportunity to offer an amend- ference report. us speak out for them. Let us stand up for ment to rectify the situation. There are clear gains for our financial serv- them. Let us lend them our strength. ices system, for consumers and for commu- We must act and we must speak out, be- America’s hospitals need relief from the nities in this bill is enacted. There are clear cause in the end, people will remember not deep cuts made in 1997. I hope that we will losses if it is not. the words of their enemies, but the silence of find a way to do this without pitting states Without this bill, banks will continue to ex- their friends. against each other. pand into securities and insurance business

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29071 as they have been doing for some years ing, and market-making activities and does not ensure that the reporting requirements do not under current law. However, they will do so permit financial holding companies and their impose an undue burden on the parties and without CRA coverage; without privacy protec- affiliates to control non-financial companies in that proprietary and confidential information is tions; without the regulatory oversight and reg- ways that are otherwise impermissible under protected. Organizations with multiple agree- ulatory protections enhanced in this bill; and the bill. ments with banks could file a single consoli- with artificial structural limitations that will The Conference Committee agreed to make dated report. In addition, the Statement of place the U.S. financial services industry at a the effective date of implementation of Title I, Managers directs that a bank’s partner may, clear competitive disadvantage. Without this except for Section 104, 120 days from the ‘‘in keeping with the provisions of this section, bill, commercial firms will continue to move date of enactment. We reached this decision fulfill the requirements .... by the submis- more and more into the banking business, to provide the regulators with an opportunity to sion of its annual audited financial statement with no real limitations. implement this legislation effectively. It is the or its federal income tax return.’’ I would like to review the major provisions of intent of the Conferees that Title I become ef- Finally, penalties only apply to a community the bill and the intent of those provisions. fective 120 days after enactment even if the group or another partner of a bank if the party FINANCIAL MODERNIZATION agencies are not able to complete all of the makes a willful and material misrepresentation This bill permits the creation of new financial rulemaking required under the act during that on a report and then fails to correct the prob- services holding companies which can offer a time. lem after notification and a reasonable period. full range of financial products under a strong In addition, it should be noted that in some Only in such a case would an agreement be- regulatory regime based on the principle of instances, no rule writing is required. For ex- tween the bank and its partner become unen- functional regulation. Banks currently engage ample, new Section 4(k)(4) of the Bank Hold- forceable. in securities and insurance activity under existing Company Act, as added by Section 103 of This summarizes the essential and substan- ing law and court interpretations of that law, the bill, explicitly authorizes bank holding com- tial changes that have been made to the origi- including the Bank Holding Company Act, the panies which file the necessary certifications nal Senate disclosure provision. However, Federal Reserve Act, the National Banks Act, to engage in a laundry list of financial activi- these provisions are of such potential import and various state laws. This conference report ties. These activities are permissible upon the that I would like to elaborate in considerable ensures that such activities will occur, in the effective date of the act without further action detail on the history of the provision and the future, with appropriate regulatory oversight by the regulators. The Conferees recognize, intent of the conferees in making the substan- based on the principle of functional regulation. however, that refinements in rulemaking may tial changes reflected in the conference report. The conference report also provides for appro- be necessary and desirable going forward, LEGISLATIVE HISTORY priate ‘‘umbrella’’ authority at the holding com- and for example, have specifically authorized DISCLOSURE PROVISION pany level by the Federal Reserve, and es- the Federal Reserve and the Treasury Depart- Some legitimate concerns have been raised sential consumer and community protections. ment to jointly issue rules on merchant bank- over the potential burden imposed by the dis- The conference report, in contrast to the ing activities. If regulators determine that any closure and reporting requirements contained Senate bill, clearly preserves the strength of such rulemaking is necessary, the Conferees in Section 711 of the bill. The provision in the the national bank charter by giving institutions encourage them to act expeditiously. final bill involved intensive negotiations by a choice of corporate structure through which COMMUNITY REINVESTMENT ACT (CRA) both the minority and majority parties which they can conduct their business consistent DISCLOSURE AND REPORTING OF CRA AGREEMENTS significantly narrowed the scope of the provi- with the original House product. While I support the general concept of dis- sion, the reporting requirements, and the cir- I would like to clarify the intent of this legis- closure, the so-called ‘‘sunshine’’ provision cumstances under which violations may be lation as it pertains to the market-making, could be pernicious because it could cast as- found to have occurred and penalties im- dealing and other activities of securities affili- persions on the many constructive partner- posed. The statute provides in new section ates of financial holding companies. Currently, ships between banks and community groups 48(h)(2)(A) of the Federal Deposit Insurance bank holding companies are generally prohib- that are helping to bring thousands of commu- Act that the appropriate Federal banking agen- ited from acquiring more than five percent of nities and millions of Americans into the finan- cy ‘‘shall . . . ensure that the regulations pre- the voting stock of any company whose activi- cial mainstream. scribed by the agency do not impose an ties are not closely related to banking. The Fortunately, however, the bill now substan- undue burden on the parties and that propri- Federal Reserve has determined that a securi- tially limits the scope, reporting requirements, etary and confidential information is pro- ties affiliate of a bank holding company cannot and penalties for violating the disclosure re- tected. . . .’’ This is a central component of acquire or retain more than five percent of the quirements. voting shares of a company in a market-mak- The ‘‘sunshine’’ amendment applies only to the provision as agreed to by the conferees. It ing or dealing capacity. In addition, for pur- agreements that would ‘‘materially impact’’ a is the conferees’ understanding that this subsection is intended to prevent any overly poses of determining compliance with this five- bank’s CRA rating or a regulator’s decision to broad or unduly burdensome reading of the percent limit, the Federal Reserve has re- approve a bank’s application. Few if any reporting and disclosure requirements of this quired that the voting shares held by the secu- agreements with major banks would have so provision, including the requirements of sec- rities affiliate be aggregated with the shares large an impact. Indeed, it would neither make tion 48(c), the reporting requirements placed held by other affiliates of the bank holding sense nor be workable to require annual re- on non-insured depository institutions that are company. ports for every contract between a bank and parties to agreements covered by this provi- I would like to make clear that, by permitting every community partner merely because they sion. financial holding companies to engage in un- had discussed how to best meet CRA require- The prohibition in section 48(h)(2)(A) derwriting, dealing and market making, Con- ments. In addition, grants and cash payments against placing an ‘‘undue burden’’ on the par- gress intends that the five-percent limitation no under $10,000 and loans under $50,000 would ties applies fully to every subsection of section longer apply to bona fide securities under- be automatically exempted, as would most 48. Section 48(c), which provides for reporting writing, dealing, and market-making activities. market rate loans that are not re-lent. I also of information by nongovernmental entities or In addition, voting securities held by a securi- strongly encourage the regulators to use their persons, is to be interpreted in light of sub- ties affiliate of a financial holding company in authority to exclude agreements with service section (h)(2)(A), to prevent any ‘‘undue bur- an underwriting, dealing or market-making ca- organizations such as civil rights groups and den’’ from falling on the parties to a covered pacity would not need to be aggregated with community groups providing housing or other agreement. As the Statement of Managers’ any shares that may be held by other affiliates services in low-income neighborhoods. We provides: of the financial holding company. This is nec- have no business interfering with such organi- essary under the bill so that bank-affiliated se- zations just because they work with banks, The Federal banking agencies are directed, curities firms can conduct securities activities and it is not Congress’ intent to do so. in implementing regulations under this pro- in the same manner and to the same extent Community groups and other partners of vision, to minimize the regulatory burden on reporting parties. One way in which to ac- as their non-bank affiliated competitors, which banks would have to make annual reports of complish this goal would be whenever pos- is one of the principal objectives of the legisla- how the funds were used, but here again the sible and appropriate with the purposes of tion. The elimination of the restriction applies conferees have substantially scaled back their this section, to make use of existing report- only to bona fide securities underwriting, deal- requirements. The regulators are directed to ing and auditing requirements and practices

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00017 Fmt 0689 Sfmt 0634 E:\BR99\E08NO9.000 E08NO9 29072 EXTENSIONS OF REMARKS November 8, 1999 of reporting parties, and thus avoid unneces- Fourth, the statute provides for additional Conference Report would therefore extend en- sary duplication of effort. The Managers in- safe harbors from the provision. All individual forcement of CRA, in that under the Act, a tend that, in issuing regulations under this mortgage loans are not covered. Other loans, bank’s CRA record would be taken into con- section, the appropriate federal supervisory agency may provide that the nongovern- unless they are substantially below market or sideration in determining whether the bank or mental entity or person that is not an in- involve re-lending to another party, are not its holding company can expand into non- surer depository institution may, where ap- covered. Agreements with a nongovernmental banking activities. propriate and in keeping with the provisions entity or person ‘‘who has not commented on, Today, banks are permitted to expand into of this section, fulfill the requirements of testified about, or discussed with the institu- nonbanking activities—to the extent permitted subsection (c) by the submission of its an- tion, or otherwise contacted the institution, by current law—without any consideration of nual audited financial statement or its fed- concerning the Community Reinvestment Act’’ their CRA performance at all. The Federal Re- eral income tax return. are also not covered. As noted in the Man- serve Board reports that it has approved thou- It is intended that, for example, subsection ager’s Statement this exception could include sands of applications for such expansions, (c)(3) be read to require a ‘‘list’’ of the ‘‘cat- a broad range of organizations providing serv- and the current law does not impose any CRA egories’’ of uses to which funds received by ices in low and moderate income areas, in- review on these nonbank expansions at all. the reporting party under covered agreements cluding ‘‘service organizations such as civil Under the Conference Report, each of the in- have been made. rights groups, community groups providing sured depository affiliates of banking organiza- It is not the intent that subsection (c)(3) re- housing or other services in low-income neigh- tions must have a ‘‘satisfactory’’ CRA rating at quire a reporting of any particular expense. A borhoods, the American Legion, community the time it expands into the nonbanking area. reporting entity might, however, include, if ap- theater groups, and so forth.’’ The conferees This is a new requirement, and for the first plicable an item in their report entitled ‘‘admin- are aware that insured depository institutions time makes satisfactory CRA performance a istrative expenses,’’ together with the amount, may list contributions to these organizations prerequisite to entering these nonbanking lines if any, of the funds received under a covered as a factor to be evaluated in applications of business. agreement or agreements, if any, expended subject to CRA or in examinations under CRA. There are two major enforcement provisions for such purpose, or, the report might simply It is not the conferees’ intent that the under- consist of an annual financial statement or for this requirement. First, if the banking orga- taking of such activities, and listing of such ac- nization violates the prohibition against enter- federal income tax return. As the Statement of tivities in an application or examination by an Managers states, this requirement could in ing these nonbanking lines of business without insured depository institution have any bearing its affiliated banks having a satisfactory CRA most instances be fulfilled by the filing of an whatsoever on the determination of whether annual financial statement or federal income rating, all the penalties of the Federal Deposit an agreement is required to be disclosed, and Insurance Act apply. The FDIA penalties for tax return. as to which reporting is required to be made, The statute also directs the appropriate Fed- noncompliance include divestiture and cease under this section. and desist orders, civil money penalties, and eral supervisory agency to ‘‘establish proce- Fifth, the Federal Reserve Board may, removal of officers and directors. Second, by dures to allow any nongovernmental entity or under 48(h)(3)(B), prescribe regulations ‘‘to not earning a ‘‘satisfactory’’ CRA rating, a person who is a party to a large number of provide further exemptions . . . consistent bank and its holding company would be pro- agreements described in subsection (a) to with the purposes of this section.’’ It is the hibited from entering these new lines of busi- make a single or consolidated filing of a report conferees intent that, consistent with the pur- ness. In effect, that imposes a high oppor- under subsection (c) to an insured depository poses of this section, including the require- tunity cost in missed business opportunities, institution or an appropriate Federal banking ment of subsection (h)(2)(A), the Federal Re- and creates a powerful imperative for the hold- agency.’’ An organization with a large number serve Board broadly construe its authority to ing company to ensure that its affiliated and of such agreements could simply file one sum- provide for further such exemptions. subsidiary banks maintain at least a satisfac- mary report, summarizing the information re- In drafting this provision, the conferees were tory CRA rating. quirement to be provided with respect to cov- concerned about not ‘‘chilling’’ the atmosphere ered agreements in a single set of data in a between community groups and banks by cre- The bill does not affect the existing applica- single report, with the depository institution or ating uncertainty over whether a particular tion process for banks acquiring or merging regulator. CRA agreement was covered by the provision. with other banks, in which the regulators re- The conferees significantly modified the A bank and a community group should be view the banks’ CRA record and the public scope of agreements as to which this provi- able to determine clearly, up-front under im- has an opportunity to comment. The existing sion applies. plementing regulations whether their CRA procedures for bank mergers or acquisitions First, under subsection (h)(2)(A), this section agreement is covered by this provision. The with other banks are preserved fully intact. is to be interpreted so as to avoid placing an conferees intend that implementing regulations There are no changes. ‘‘undue burden’’ on the parties. SMALL BANK CRA EXAMINATION CYCLE Second, an agreement must be made ‘‘pur- should make clear whether this provision ap- suant to or in connection with the fulfillment of plies to any given CRA agreement. To the Although the statute sets a time line for ex- the Community Reinvestment Act,’’ as defined greatest extent possible, we do not want com- aminations of banks under $250 million in as- in subsection (e). The term ‘‘fulfillment’’ means munity groups and banks to have to report un- sets that are currently rated ‘‘outstanding’’, the a list of factors that the appropriate Federal necessarily, and we do not want to deter com- regulators nonetheless retain the full discretion banking agency determines has a material im- munity groups and banks from entering these to examine any bank at any time for reason- pact on the agency’s decision—(A) to approve arrangements by creating confusion. The bank able cause. Section 712 of the statute states: or disapprove an application for a deposit fa- regulators should promulgate regulations so ‘‘a regulated financial institution described in cility, or (B) to assign a rating to an insured that parties know in advance whether their subsection (a) may be subject to more fre- depository institution under an examination agreement is covered or not, consistent with quent or less frequent examinations for rea- under the Community Reinvestment Act. As the purposes of the provision. sonable cause under such circumstances as noted in the Manager’s Statement, the regu- ‘‘HAVE AND MAINTAIN’’ PROVISIONS may be determined by the appropriate Federal lator’s assessment of material impact is to be The requirement that a banking organization financial supervisory agency.’’ This means that based on factors that the regulator ‘‘would at- have a ‘‘satisfactory’’ CRA rating is an ongoing regulators retain full discretion to examine any tach importance to’’ in approving or dis- requirement in order for it to expand into these bank for CRA compliance at any time for rea- approving an application or in assigning a par- new areas. Each and every time that a bank sonable cause. For example, the bank’s local ticular rating under CRA. or its holding company seeks to expand into market conditions may have changed signifi- Third, the statute only pertains to agree- these newly authorized nonbanking lines of cantly so that the bank’s lending should have ments in which a party to the agreement re- business—such as securities underwriting or adjusted accordingly, or a change in bank ceives grants or other consideration in excess insurance—their insured depository affiliates management may have redirected the bank’s of $10,000, or receives loans in excess of must have a ‘‘satisfactory’’ CRA rating. This lending practices such that the regulators find $50,000 under the agreement. An agreement requirement applies each time the banking or- reasonable cause to conduct a CRA examina- under which nothing of value exceeding these ganization commences one of these non- tion outside the routine cycle. The public could amounts is revealed by the party is not cov- banking activities, or acquires or merges with send comments to the bank regulators at any ered by this provision. another company in a nonbanking area. The time regarding the CRA performance of any

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR99\E08NO9.000 E08NO9 November 8, 1999 EXTENSIONS OF REMARKS 29073 banks—even if outside the routine CRA exam- cover a financial institution’s practices on infor- vide technical assistance and capacity building ination or application process—and if the regu- mation-sharing within the affiliate structure, al- grants for small or disadvantaged business lators find reasonable cause to do so, they lowing consumers to comparison shop based with less than five employees that have limited could conduct a CRA exam of that bank. The on a company’s privacy policies. Secondly, the access to business financing; public may comment to the regulators regard- conference report totally safeguards stronger Prohibits discrimination against victims of ing a particular bank so that regulators can state consumer protection laws in the privacy domestic violence in the underwriting, pricing, make a fully informed judgment about whether area. sale, renewal of any insurance product and in there is ‘‘reasonable cause’’ to conduct a CRA Section 502(d) of the conference report con- the settlement of any claim; exam outside the routine cycle. Of course, tains a broad prohibition against the disclosure States Congressional intent that financial regulators must come to their own conclusions of a consumer’s account number or similar advisors shall provide financial advice and about whether such an ‘‘off-cycle’’ CRA exam form of access device by a financial institution products to women in an equal, nondiscrim- is justified, but public comment to the regu- to any non-affiliated third party for use in direct inatory manner. lators can be valuable to their decisionmaking. marketing. The agencies with rulemaking au- MUTUAL REDOMESTICATION With regard to section 712, this provision thority under the legislation may grant excep- A bill of this breadth will inevitably include does not affect the regulators’ judgment about tions to this prohibition if ‘‘deemed consistent some elements that are highly problematic when to examine banks under $250 million with the purposes of this subtitle.’’ The report and objectionable. I strongly oppose the con- with a less than satisfactory rating. This provi- language makes clear that any exceptions to ference report language on redomestication of sion is not indented by the conferees to limit this strict prohibition are to be narrowly drawn mutual insurers. the regulators from examining small banks and my be deemed consistent with the pur- This provision is not only not in the public with less than satisfactory records as they poses of the bill only where three factors are interest, it is blatantly anti-consumer. It would deem appropriate. My understanding is that present: (1) The customer account number or circumvent well-designed and carefully consid- the bank regulators’ current practice is to con- access device is encrypted, scrambled or de- ered state policy regarding the redomestica- duct CRA examinations of banks with less coded, (2) the customer provides express con- tion of mutual insurance companies. It has lit- than satisfactory CRA records as often as sent to the financial institution to make such tle or nothing to do with financial services every 6–18 months. This provision does not disclosure prior to the time of the disclosure; modernization. Rather it serves to undermine restrict or direct their judgment for those in other words, the customer ‘‘opts–in’’ to such state law, which seeks to protect our constitu- banks. CRA examinations in connection with disclosure with the financial institution, and (3) ents, for the benefit of a few. The conference report could place as many applications for bank mergers and acquisitions such disclosure is necessary to service or as 35 million policyholders at risk of losing are also not affected by these provisions in process a transaction that the customer ex- $94.7 billion in equity. This amounts to a Con- any way. The provision also does not in any pressly requests or authorizes. The joint marketing provision sought to nar- gressionally approved taking of consumers’ way affect the current law’s requirements to row the potentially unequal application of pri- personal property. I believe this provision will take into account an institution’s CRA record vacy restrictions between larger financial enti- not withstand legal scrutiny and should and of meeting the credit needs of its community ties that operate through affiliates and smaller will be the subject of legal challenge in the when banks are merging or acquiring other banks and credit unions that must contract courts. banks, or for any application for a depository with outside institutions to provide basic finan- This provision would allow mutual insurers facility. cial services such as credit cards or mort- domiciled in states whose legislatures have PRIVACY gages to customers. It is important to note that elected not to allow mutual insurers to form For the first time, this bill imposes substan- the provision contains at least four levels of mutual holding companies to escape that leg- tial privacy protections for consumers under restrictions to limit its application. The joint islative determination. It would allow mutual in- federal law in the financial services context. marketing exception applies only to agree- surers to move simply because a state, The privacy provisions of the bill: ments under which one financial institution through its duly elected representatives, has Impose on all financial institutions an ‘‘af- markets the products of another or markets fi- determined that formation of mutual holding firmative and continuing obligation’’ to respect nancial products on the other institution’s be- companies is not in the best interest of the the privacy of customers and the security and half. Permissible joint agreements and finan- state or its mutual insurance policyholders confidentiality of their personal information; cial products would be limited by federal regu- who are, after all, the owners to the company. Requires the federal regulators to issue in- lation and any sharing of information must be This conference report will preempt the mutual stitutional safeguards that will protect cus- clearly disclosed and subject to strict confiden- insurance laws in approximately 30 states. tomers against unauthorized access to and tiality contracts. CONCLUSION use of their personal information; OTHER CONSUMER AND COMMUNITY PROTECTIONS Overall, the conference report represents a Requires that consumers be provided with The bill contains important other new con- reasonable and fair balance on a wide variety notice and an ‘‘opt-out’’ opportunity before sumer and community protections. of difficult issues. Because of the many bene- their financial institutions can disclose any per- It: fits this legislation provides for consumers, sonal financial information to unaffiliated third Provides extensive new consumer protec- communities and the U.S. financial services parties; tions in connection with bank sales of insur- industry, I offer my strong support to the legis- Prohibits financial institutions from sharing ance products, including prohibitions against lation. with unaffiliated parties any credit card, sav- tying, misrepresentation or conditioning of f ings and transaction account numbers or other credit on purchases of other products; clear means of access to such accounts for pur- disclosure of the risks associated with insur- SENATE COMMITTEE MEETINGS poses of marketing; ance products; separation of insurance sales Title IV of Senate Resolution 4, Prohibits unaffiliated third parties that re- from routine banking activity; and new federal agreed to by the Senate on February 4, ceive confidential information from sharing that procedures to resolve consumer complaints; 1977, calls for establishment of a sys- information with any other unaffiliated parties; Provides new consumer protections as pre- tem for a computerized schedule of all Requires financial institutions to fully dis- requisites for bank sales of investment prod- meetings and hearings of Senate com- close to customers all of their privacy policies ucts, including full disclosures regarding po- mittees, subcommittees, joint commit- and procedures; tential risks and the uninsured status of the tees, and committees of conference. Amends the Fair Credit Reporting Act to products, and sales practices standards re- This title requires all such committees strengthen and expand regulatory authority to stricting such sales to qualified brokers and to to notify the Office of the Senate Daily detect and enforce against violations of credit areas separated from routine banking activity; Digest—designated by the Rules com- reporting and consumer privacy requirements. Expands small business and rural develop- mittee—of the time, place, and purpose These are the very same privacy provisions ment lending by making Federal Home Loan of the meetings, when scheduled, and that passed the House by a virtually unani- Bank advances available for small business, any cancellations or changes in the mous 427–1 vote. In fact, the provisions actu- small farm and agribusiness lending by small- meetings as they occur. ally represent a strengthening of the House er community banks; As an additional procedure along product in two key respects. First of all, the Creates a new federal ‘‘Program for Invest- with the computerization of this infor- disclosure requirement has been extended to ment in Microentrepreneurs’’ (PRIME) to pro- mation, the Office of the Senate Daily

VerDate jul 14 2003 13:50 Jul 12, 2004 Jkt 029102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR99\E08NO9.000 E08NO9 29074 EXTENSIONS OF REMARKS November 8, 1999 Digest will prepare this information for MEETINGS SCHEDULED the Administration’s change in pro- printing in the Extensions of Remarks curement regulations. SD–628 ONGRESSIONAL ECORD NOVEMBER 10 section of the C R 1 p.m. on Monday and Wednesday of each Time to be announced Governmental Affairs week. Judiciary Investigations Subcommittee Business meeting to consider pending Meetings scheduled for Tuesday, No- To hold hearings to examine the calendar business. vulnerabilities of United States private vember 9, 1999 may be found in the Room to be announced banks to money laundering. Daily Digest of today’s RECORD. 10 a.m. SD–628 Governmental Affairs 2 p.m. Health, Education, Labor, and Pensions Judiciary To hold joint hearings on federal con- To hold hearings on pending nomina- tracting and labor policy, focusing on tions. SD–226

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