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

Vol. 146 WASHINGTON, WEDNESDAY, SEPTEMBER 13, 2000 No. 107 House of Representatives The House met at 10 a.m. The point of no quorum is considered once and for all what his role was in The Chaplain, the Reverend Daniel P. withdrawn. leaking sensitive missile data to the Coughlin, offered the following prayer: f Chinese. Almighty God and Lord of our life, This is not just a matter of ethical we seek Your guidance that we may PLEDGE OF ALLEGIANCE conduct. It is a matter of national se- live Your life to fullest measure. The SPEAKER. Will the gentleman curity. Since the time of Sarah and Abra- from California (Mr. FILNER) come for- f ham, Your covenant with Your people ward and lead the House in the Pledge has been the model of married life and of Allegiance. NO SURPRISE BOB KNIGHT WAS civic order. Mr. FILNER led the Pledge of Alle- FIRED Enable husbands and wives to live in giance as follows: (Mr. TRAFICANT asked and was deeper understanding, honoring each I pledge allegiance to the Flag of the given permission to address the House other for their words and their good- United States of America, and to the Repub- for 1 minute and to revise and extend ness. lic for which it stands, one nation under God, his remarks.) May all people, especially children, indivisible, with liberty and justice for all. Mr. TRAFICANT. Mr. Speaker, it is live without fear or intimidation. f no surprise that Bob Knight was fired. Strengthen the bonds of intimacy in But think about it. Bob Knight’s ath- LORAL CORPORATION American family life that hearts will letes did not rape women, did not com- be converted to lasting values and find (Mr. PITTS asked and was given per- mit murder, did not molest children, joy as they continually uncover love mission to address the House for 1 did not carry guns, and did not sell and faithfulness in themselves and in minute and to revise and extend his re- drugs. each other. marks.) In fact, Bob Knight’s student ath- As the Government of this Nation, Mr. PITTS. Mr. Speaker, we all re- letes were most noted for graduating, let us create an atmosphere of peace member the fund-raising scandal that winning championships, being gentle- which helps family life flourish for gen- the President and the Democrats got men, and exhibiting discipline and re- erations to come. themselves into in 1996, foreign money spect. You are our source and guide now and money laundering. But perhaps the Beam me up. and forever. Amen. worst part was the apparent influence Bob Knight was a coach, not a guid- f of the People’s Republic of China. ance counselor or a spiritual leader. THE JOURNAL We all remember that the Loral Cor- I yield back all those zero-tolerant, poration which leaked sensitive missile overpaid, IUD administrators that Bob The SPEAKER. The Chair has exam- data to China was a major Democratic Knight should have kicked right in the ined the Journal of the last day’s pro- contributor that year. crotch. ceedings and announces to the House In fact, Bernard Schwartz, the presi- f his approval thereof. dent and CEO of that company, the Pursuant to clause 1, rule I, the Jour- largest single contributor to the DNC, CHILDHOOD CANCER AWARENESS nal stands approved. MONTH Mr. FILNER. Mr. Speaker, pursuant was recommended in 1998 as the focus (Ms. PRYCE of Ohio asked and was to clause 1, rule I, I demand a vote on of an independent counsel investiga- given permission to address the House agreeing to the Speaker’s approval of tion to find out if there was a connec- for 1 minute and to revise and extend the Journal. tion between donations and technology The SPEAKER. The question is on transfers. her remarks.) the Chair’s approval of the Journal. Well, one would think they would Ms. PRYCE of Ohio. Mr. Speaker, I The question was taken; and the learn their lesson. But we found out am wearing this gold ribbon today in Speaker announced that the ayes ap- last week that Mr. Schwartz is again support of Childhood Cancer Awareness peared to have it. giving huge amounts of money to the Month and to honor young children Mr. FILNER. Mr. Speaker, I object to Democrats. like my own daughter, Caroline, who the vote on the ground that a quorum FEC reports show that he has given have lost their lives to this devastating is not present and make the point of an average of $40,000 a month to Demo- disease and to show my support for order that a quorum is not present. crats since January of 1999, most of it those kids who have survived through The SPEAKER. Pursuant to clause 8, in unrestricted soft-money donations. their courageous, sometimes years rule XX, further proceedings on this I call on the Democrats to return long, submission to painful and iso- question will be postponed. these donations until we determine lating treatments.

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.

H7505

. H7506 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Leukemia, chemotherapy, lym- Dr. Biscet, an Amnesty International a row now, the Congressional basket- phoma, neuroblastoma, these are terms prisoner of conscience, has suffered 46 ball team has defeated the team of lob- no small child should have to pro- days of torture for refusing to succumb byists from the American League of nounce. And instead of the normal to his oppressors. He has been denied Lobbyists here in Washington, D.C. third-grade spelling words, my Caroline medical attention and has even been Last night’s game was a hard-earned was proud that she could spell Diflucan denied a Bible and religious visits. victory of 70–67. and Ativan, just two of the many drugs The doctor interpreted his duty The Congressional team got together she had to take every single day. under the Hippocratic Oath as an obli- in a bipartisan way. I would like to As millions of kids return to school gation to defend the lives of the Cuban mention that the gentleman from Wis- this September, we put the spotlight people. consin (Mr. BARRETT); the gentleman on this deadly disease. Two classrooms Dr. Biscet could not ignore the cries from New Jersey (Mr. LOBIONDO); the full of our children every weekday are of anguish of all who have died at the gentleman from Missouri (Mr. diagnosed with cancer. hands of the Castro regime. His com- HULSHOF); the gentleman from Ohio Cancer strikes more children than mitment is clearly stated in a letter (Mr. OXLEY), our general manager and asthma, diabetes, cystic fibrosis, and that he gave to his wife during their commissioner; the gentleman from In- AIDS combined. And while the inci- last visit: diana (Mr. BUYER); the gentleman from dence is steadily rising, childhood can- ‘‘The evil one, Castro, must acknowl- South Dakota (Mr. THUNE), our MVP cer still remains an underrecognized edge in me an eternal rival who will last night; the gentleman from Wis- and underserved disease. not lower his sword of justice, even if consin (Mr. KIND); the gentleman from This can change. This must change. confronted by misery, pain, and death Washington (Mr. INSLEE); the gen- This will change. simultaneously.’’ tleman from New York (Mr. FOSSELLA); f The U.S. and the Congress have al- the gentleman from Illinois (Mr. ways stood for freedom and for the de- ELECTRICITY CRISIS IN SAN SHIMKUS); and the gentleman from fense of the oppressed the world over. DIEGO California (Mr. BACA) all got together I ask my colleagues to join me in (Mr. FILNER asked and was given in an effort to prove that we can get calling for Dr. Biscet’s immediate re- along here in Washington and that we permission to address the House for 1 lease so that he can continue his mis- minute.) can do better when the cause is right. sion to try to free the Cuban people. Last night the American League of Mr. FILNER. Mr. Speaker, I just re- f turned from San Diego where earlier Lobbyists organized a benefit for over this week hearings were held by the AN IMPERFECT MILITARY $17,000 that will go to charity for the Committee on Commerce Sub- (Mr. HEFLEY asked and was given Hill staffers, for the hungry and home- committee on Power and Energy yes- permission to address the House for 1 less, for Horton’s kids, and for Every- terday by the Federal Energy Regu- minute.) body Wins, a youth mentoring program latory Commission on the electricity Mr. HEFLEY. Mr. Speaker, the Cold here in the Washington, D.C. area. crisis that is facing San Diego where, War may be over but the weight of re- We set a challenge for the lobbyists in the last 2 or 3 months, prices have sponsibility inherited by the United we can get along better, and we are doubled and tripled for the average States is heavier than ever. Threats going to make sure that some young consumer, people have gone out of are no longer contained by bipolar people here in Washington, D.C., ben- business not able to pay their bills, a ideologies. Threats come from every efit from it. tremendous drain on our economy corner of the world. It is under these f threatening recession for our whole conditions where our military forces CHILDHOOD CANCER AWARENESS area. find themselves doing more with less. It became clear in those hearings Stretched to a point where spare (Mr. BALLENGER asked and was that this crisis was not brought about parts become an oxymoron and reten- given permission to address the House by any problem with the supply and de- tion and morale is critical, it is in this for 1 minute.) mand, as some people charged, but was environment where I fail to understand Mr. BALLENGER. Mr. Speaker, we pure manipulation of the market by a the President’s rationale in sending are all aware of the impact that cancer few profit hungry power merchants Congress defense budgets asking for has on the American public. Sadly, we who provide and generate the elec- fewer and fewer dollars. often do not realize the severity of tricity for the western market. In every budget year since Clinton childhood cancer. Today alone, 46 chil- Three hundred fifty million dollars and GORE took office, the administra- dren will be diagnosed with cancer. But was sucked out of the San Diego econ- tion has proposed a decrease in defense even more disturbing is that only two- omy in the last 3 months, $2 billion out spending. As a matter of fact, the de- thirds of those with cancer will sur- of the California economy. fense budget has been reduced by more vive. I have legislation, Mr. Speaker, to than $10 billion in constant dollars Childhood cancer was recently make sure that the victims of this in- since fiscal year 1993. brought to my attention when Kim- credible price gouging disaster are not Fortunately, the Armed Forces have berly Davies, the daughter of a member the consumers and small business peo- received better support from a Repub- of my Washington staff, was diagnosed ple of California but those who have lican controlled Congress. Despite cuts with CML leukemia at the age of 7. made the ill-gotten gains. proposed by the administration, Con- Kimberly is doing well and continues Please pass H.R. 5131 to help San gress has funded above the President’s to fight this dreaded disease. Kimberly Diego. request and has long recognized the im- is lucky, she has a bone marrow match f portance of a prepared and well-funded through her sisters. However, most military force. children are forced to wait and look na- DR. OSCAR ELIAS BISCET, CUBAN Mr. Speaker, we should be proud of tionally for bone marrow donors. This DISSIDENT our men and women in uniform and process can be extremely long and ter- (Ms. ROS-LEHTINEN asked and was should provide them what they need to ribly uncertain. given permission to address the House do the job. The prognosis for Kimberly is posi- for 1 minute and to revise and extend f tive. However, without the constant re- her remarks.) search and new methods of treatment, Ms. ROS-LEHTINEN. Mr. Speaker, CONGRESSIONAL BASKETBALL Kimberly’s outlook may not have been Dr. Oscar Elias Biscet, a Cuban dis- TEAM DEFEATS AMERICAN so good. sident who, after more than 6 months LEAGUE OF LOBBYISTS Cancer is not a disease which only af- of imprisonment in Castro’s jail, clings (Mr. QUINN asked and was given per- fects adults. Cancer affects children, to life in the hope that his situation mission to address the House for 1 too. It is important that Americans are will help galvanize the global commu- minute.) aware of this and work to prevent and nity in support of Cuba’s political pris- Mr. QUINN. Mr. Speaker, I am here cure all forms of cancer. In Congress, it oner and dissident movement. to announce that for the second year in is important that we continue to fund September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7507 children’s cancer research. Every day, Mr. Speaker, I never met Carlos Currently, military provided health science inches closer to finding a cure. Caceres, but it comes as no surprise to benefits for beneficiaries over 65, fall Let us not hold back now. me to learn that he, like so many Puer- far short of what larger employers, in- I urge my colleagues to support the to Ricans before him, gave his life to cluding the Federal Government, pro- funding of child cancer research this defend the rights of others continuing vide to their retired civilians. year and in the years to come. a tradition of public service. Including a drug benefit for military f f retirees is a necessary step in keeping our promises to the men and women b 1015 TOP ISSUE FOR REPUBLICANS IS who risk their lives for our freedom. As EDUCATION CHILDHOOD CANCER AWARENESS I like to say, every day when I get up, (Mr. EHLERS asked and was given I thank God for my life and I thank our (Mr. GIBBONS asked and was given permission to address the House for 1 Armed Forces for my way of life. permission to address the House for 1 minute and to revise and extend his re- Mr. Speaker, I urge the conference minute and to revise and extend his re- marks.) committee to include these common marks.) Mr. EHLERS. Mr. Speaker, last sense proposals in the Defense author- Mr. GIBBONS. Mr. Speaker, last evening we had a chance, once again, ization bill, and in doing so, we will week, many parents throughout our to demonstrate that one of the top honor the heroes who protected free- districts sent their wide-eyed, youth- issues, if not the top issue, of the Re- dom in America and ensured democ- ful, energetic and anxious children off publicans is education. We were in this racy for the world. to their first day of school. What is dis- Chamber debating an excellent bill pro- f turbing to every one of us who may be posed by the gentleman from Pennsyl- MARRIAGE TAX PENALTY a parent is that on any given school vania (Chairman GOODLING) of the day, 46 children are diagnosed with Committee on Education and the (Mr. WELLER asked and was given cancer and two out of three will not Workforce. permission to address the House for 1 survive. He served for many years as a teach- minute and to revise and extend his re- September is Childhood Cancer er, then principal, then superintendent; marks.) Mr. WELLER. Mr. Speaker, there is a Month, placing the spotlight on pedi- and he has put his knowledge to good fundamental question this House of atric cancer, the number one disease use in his work here as chairman of the Representatives has worked so hard to killer of our children. Committee on Education and the address, and that is, is it right, is it While these statistics may be de- Workforce. fair that under our Tax Code 25 million pressing, the research and innovation This bill will improve reading train- married working couples on average into providing early diagnoses and ing of children, but above all, through pay $1,400 more in higher taxes. finding a cure proved to be very hope- a stroke of genius, he has also included ful for many of us parents. Let me give an example of a couple provisions that parents will receive back in Joliette, Illinois, Shad and Mr. Speaker, Congress must remain training in reading if they are illit- committed to funding cancer research Michelle Hallihan. They have a com- erate. bined income of about $65,000. They are programs, especially for pediatric can- Mr. Speaker, in my years of edu- cer. As we participate in the Childhood public school teachers. They own a cation, I discovered that the single home. They have a little baby, Ben, a Cancer Gold Ribbon Day, let us remem- greatest factor in the success of the ber the youthful victims of cancer. child. student is an interested and involved They suffer the marriage tax penalty. Congress must fully fund pediatric parent. But if the parent cannot read, In fact, their marriage tax penalty cancer research to ensure that they be- how do we expect the child to learn making $65,000 a year is about $1,400. come youthful survivors instead of how to read? Every House Republican, 51 Democrats youthful victims. The bill of the gentleman from Penn- joined with us, we voted to eliminate f sylvania (Mr. GOODLING) will ensure the marriage tax penalty. Unfortu- that both will happen, and it also IN MEMORY OF CARLOS CACERES nately, Bill Clinton and AL GORE ve- builds into it accountability to make COLLAZO, U.S. CITIZEN KILLED toed our effort to wipe out the mar- certain that the government’s money IN EAST TIMOR VIOLENCE riage tax penalty for people like Shad ´ is not wasted. This bill does much more and Michelle Hallihan. AL GORE says (Mr. ROMERO-BARCELO asked and than just that, but I wanted to high- that people like Shad and Michelle who was given permission to address the light this issue. I encourage all of my make $65,000 a year, own a home, have House for 1 minute and to revise and colleagues to vote yes on this excellent a child, suffer a marriage tax penalty extend his remarks.) ´ piece of education legislation. of $1,400 a year are rich and should not Mr. ROMERO-BARCELO. Mr. Speak- f be helped. That is wrong. er, the news last week of the brutal My hope is today, as we vote to at- murder of the three United Nations IMPROVEMENTS IN MILITARY tempt to override Bill Clinton’s and AL workers in West Timor, Indonesia at RETIREE HEALTHCARE GORE’s veto, that our effort to elimi- the hands of an angry mob has faded to (Ms. GRANGER asked and was given nate the marriage tax penalty and that the back pages of the country’s daily permission to address the House for 1 more Democrats will join with us on newspapers. minute and to revise and extend her re- this fundamental issue of fairness. But for the family the only U.S. cit- marks.) We will work to help people like izen killed in that attack, Carlos Ms. GRANGER. Mr. Speaker, I rise Shad and Michelle Hallihan, two public Caceres Collazo, a native of San Juan, today in support of improvements in school teachers who pay higher taxes Puerto Rico, the agony of the tragedy military retiree healthcare. While we just because they are married. is still sinking in. can never adequately thank the mil- f Carlos Caceres Collazo joined the lions of men and women who have United Nations High Commission on proudly worn the uniform in defense of URGING COLLEAGUES TO OVER- Refugees in 1995 and chose to work in America, we must honor our commit- RIDE VETO OF MARRIAGE PEN- the dangerous field of providing hu- ments to them. ALTY RELIEF manitarian aid to refugees in troubled Several provisions of the fiscal year (Mr. KNOLLENBERG asked and was spots such as East Timor. 2001 Defense authorization bill, which given permission to address the House The tragic death of this bright man, is currently in conference committee, for 1 minute and to revise and extend a graduate of Cornell University Law are important steps in honoring that his remarks.) School and the University of Florida, commitment. Mr. KNOLLENBERG. Mr. Speaker, I underscores the frailty of human life, Mr. Speaker, I am pleased to see that join my colleague from Illinois (Mr. but it also highlights the strength and both Chambers passed proposals to pro- WELLER) in rising to urge my col- valor of answering the call to those vide a prescription drug benefit to leagues to override the President’s re- who serve those in need. Medicare eligible military retirees. cent veto of marriage penalty relief. H7508 CONGRESSIONAL RECORD — HOUSE September 13, 2000 The Marriage Penalty Relief Act tice. Today the House of Representa- DeGette King (NY) Regula Delahunt Kingston Reyes passed by significant margins in both tives has an opportunity to fully legis- DeLauro Kleczka Reynolds the House and the Senate. It is overdue late, and that is to support the motion DeMint Knollenberg Riley for tax relief to our middle-income to instruct to pass real hate crimes Deutsch Kolbe Rivers families, who are dependent on two- prevention legislation. Diaz-Balart Kuykendall Rodriguez Dicks LaHood Roemer wage earners, who are hardest hit by In the midst of all of this, Mr. Speak- Dingell Lampson Rogan this penalty. It is especially hard on er, we will be having a number of frivo- Dixon Lantos Rogers that second wage, often the wife’s sal- lous motions, because our good friends Doggett Largent Rohrabacher Dooley Larson Ros-Lehtinen ary, because their income is taxed at on the other side are not serious about Dreier Latham Roukema higher marginal rates, often from 15 making a national statement against Duncan LaTourette Roybal-Allard percent to 28 percent. You can see how hate. They have fought us at every Dunn Leach Royce tough it is. turn in not passing the Hate Crimes Edwards Lee Rush Ehlers Levin Ryan (WI) As the President makes up his long Prevention Act of 1999, James Byrd was Ehrlich Lewis (CA) Salmon list of end-of-the-year spending prior- not enough. Matthew Shepherd was not Emerson Lewis (GA) Sanchez ities, let him remember and let us re- enough. I do not know who will be Etheridge Lewis (KY) Sandlin Evans Linder Sanford member the 25 million married couples next. I call upon the goodwill of this Everett Lipinski Sawyer who are struggling to make ends meet. Congress to pass this motion to in- Ewing Lofgren Saxton Instead of dedicating the surplus to struct. Farr Lowey Scarborough more spending ideas and bigger govern- Finally, Mr. Speaker, it is a matter Fletcher Lucas (KY) Schakowsky Foley Lucas (OK) Scott ment plans, we should return some of of justice. I asked the FBI to tell me Forbes Luther Sensenbrenner it to the American people who earned whether or not the indictment or the Fossella Maloney (CT) Sessions it, while continuing to pay down the trials and tribulations of Mr. Lee re- Fowler Maloney (NY) Shadegg Frank (MA) Manzullo Shaw debt. garding the Los Alamos spy incident Frelinghuysen Mascara Shays Let the American people decide for was a matter of racial profiling? Yes, it Frost Matsui Sherman themselves what is best and what is is a matter of justice. And I expect the Gallegly McCarthy (MO) Shimkus best for their families, not a politician FBI to respond to my inquiry as to Ganske McCarthy (NY) Shows Gejdenson McCrery Shuster in Washington. whether or not because you are of a Gekas McHugh Simpson f certain origin in this country, you are Gephardt McInnis Sisisky a spy or you are trying to undermine Gibbons McIntyre Skeen VOTE TO OVERRIDE VETO ON the United States of America. Gillmor McKeon Skelton MARRIAGE PENALTY RELIEF Gilman McKinney Smith (MI) f Gonzalez Meehan Smith (NJ) (Mr. KINGSTON asked and was given Goode Meek (FL) Smith (TX) Goodling Menendez Smith (WA) permission to address the House for 1 THE JOURNAL minute and to revise and extend his re- Gordon Metcalf Snyder The SPEAKER pro tempore (Mr. Goss Mica Souder marks.) Graham Millender- Spence Mr. KINGSTON. Mr. Speaker, I guess OSE). Pursuant to clause 8, rule XX, Granger McDonald Spratt it should come as no surprise to the the pending business is the question of Green (WI) Miller (FL) Stabenow the Chair’s approval of the Journal of Greenwood Miller, Gary Stark American people that the administra- Hall (OH) Minge Stearns tion that attacks the Boy Scouts is the last day’s proceedings. Hall (TX) Mink Stenholm now attacking the institution of mar- The question is on the Speaker’s ap- Hansen Moakley Strickland riage, and they are doing it from an in- proval of the Journal. Hastings (WA) Mollohan Stump The question was taken; and the Hayworth Moore Talent sidious higher taxes on the couples who Herger Moran (VA) Tanner dare do the right thing and walk down Speaker pro tempore announced that Hill (IN) Morella Tauscher the aisle. the ayes appeared to have it. Hinojosa Myrick Tauzin Mr. FILNER. Mr. Speaker, I object to Hobson Nadler Taylor (NC) Take the situation, a true story in Hoeffel Napolitano Terry Savannah, Georgia, woman’s name is the vote on the ground that a quorum Hoekstra Neal Thomas Ann and the husband’s name is Steve. is not present and make the point of Holden Nethercutt Thornberry They were making $25,000 each; they order that a quorum is not present. Holt Ney Thune The SPEAKER pro tempore. Evi- Hooley Northup Thurman got married last December. Now their Horn Norwood Tiahrt combined family income is $50,000. dently a quorum is not present. Hostettler Nussle Toomey Guess what? They went from 15 percent The Sergeant at Arms will notify ab- Houghton Obey Traficant sent Members. Hoyer Olver Turner tax brackets to now 20 percent tax Hunter Ortiz Udall (CO) brackets. They are paying more simply The vote was taken by electronic de- Hutchinson Ose Upton because they got married. Nothing else vice, and there were—yeas 337, nays 51, Hyde Oxley Velazquez changed. answered ‘‘present’’ 2, not voting 43, as Inslee Packard Vitter follows: Isakson Pastor Walsh This administration is going to look Istook Paul Wamp them in the eye and say no, you are [Roll No. 465] Jackson (IL) Payne Watkins wealthy, you do not deserve the tax, YEAS—337 Jefferson Pease Watt (NC) because guess what, some even wealthi- Jenkins Pelosi Waxman Abercrombie Biggert Cannon John Peterson (PA) Weldon (FL) er person and, of course, that is evil in Ackerman Bilirakis Capps Johnson (CT) Petri Weldon (PA) the minds of AL GORE, somebody might Allen Bishop Cardin Johnson, E. B. Pickering Wexler benefit from this, so we are not going Andrews Blagojevich Castle Johnson, Sam Pitts Whitfield Archer Blumenauer Chabot Jones (NC) Pombo Wicker to let you have your own money. Armey Blunt Chenoweth-Hage Jones (OH) Pomeroy Wilson Mr. Speaker, I hope that a few brave Baca Boehlert Clayton Kanjorski Porter Wise Democrats will for once put their con- Bachus Boehner Clement Kaptur Portman Wolf Baird Bonilla Clyburn stituents first and vote to override this Kelly Pryce (OH) Woolsey Baker Bonior Coble Kennedy Quinn Wu horrible veto and pass marriage tax Baldwin Bono Collins Kildee Radanovich Wynn penalty relief. Ballenger Boswell Combest Kilpatrick Rahall Young (FL) Barcia Boyd Condit Kind (WI) Rangel f Barr Brady (TX) Cook Barrett (NE) Brown (FL) Cooksey NAYS—51 PASS HATE CRIMES PREVENTION Barrett (WI) Brown (OH) Cox ACT OF 1999 Aderholt Crowley Hefley Bartlett Bryant Coyne Baldacci Cummings Hill (MT) Barton Burr Cramer Bilbray English Hilleary (Ms. JACKSON-LEE of Texas asked Bass Burton Cubin and was given permission to address Borski Filner Hilliard Becerra Buyer Cunningham Brady (PA) Ford Hulshof the House for 1 minute and to revise Bentsen Callahan Danner Capuano Green (TX) Jackson-Lee and extend her remarks.) Bereuter Calvert Davis (FL) Clay Gutierrez (TX) Berkley Camp Davis (IL) Ms. JACKSON-LEE of Texas. Mr. Coburn Gutknecht Kucinich Berman Campbell Davis (VA) Costello Hastings (FL) LaFalce Speaker, it is simply a matter of jus- Berry Canady Deal September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7509 LoBiondo Peterson (MN) Thompson (CA) The previous question was ordered. that is wrong. Raising a child is the Markey Phelps Thompson (MS) The motion was agreed to. McDermott Pickett Tierney single most important job in the world McGovern Ramstad Udall (NM) A motion to reconsider was laid on and we are right to provide these fami- McNulty Rothman Visclosky the table. lies with relief. Moran (KS) Sabo Waters The SPEAKER pro tempore. The un- Another excuse we will hear is that Oberstar Slaughter Weller Pallone Stupak finished business is the further consid- our bipartisan plan is too expensive. Pascrell Taylor (MS) eration of the veto message of the Too expensive for whom? Too expensive President on the bill (H.R. 4810) to pro- ANSWERED ‘‘PRESENT’’—2 for the U.S. Treasury, which is ex- vide for reconciliation pursuant to sec- pected to vacuum in 4.5 trillion surplus Carson Tancredo tion 103(a)(1) of the concurrent resolu- dollars over the next 10 years from the NOT VOTING—43 tion on the budget for fiscal year 2001. American taxpayers, or too expensive Bliley Goodlatte Sanders The Clerk read the title of the bill. for President Clinton who, just yester- Boucher Hayes Schaffer The SPEAKER pro tempore. The day, said he needed to spend that Chambliss Hinchey Serrano question is, will the House, on recon- Conyers Kasich Sherwood money for more government programs. Crane Klink Sununu sideration, pass the bill, the objections Last week, Vice President GORE DeFazio Lazio Sweeney of the President to the contrary not- talked about a rainy day fund, but the DeLay Martinez Towns withstanding? President’s deluge of spending will Dickey McCollum Vento The gentleman from Texas (Mr. AR- Doolittle McIntosh Walden soak that up like a super sponge. I Doyle Meeks (NY) Watts (OK) CHER) is recognized for 1 hour. would note to my colleagues on the Engel Miller, George Weiner Mr. ARCHER. Mr. Speaker, I yield other side of the aisle who undoubtedly Eshoo Murtha Weygand the customary 30 minutes to the gen- Fattah Owens Young (AK) will call this bill fiscally irresponsible Franks (NJ) Price (NC) tleman from New York (Mr. RANGEL), that the ranking Democrat of the Gilchrest Ryun (KS) pending which I yield myself such time Budget Committee, the gentleman as I may consume. b 1049 from South Carolina, voted in July for Mr. Speaker, today we make one last this exact same package. No one can So the Journal was approved. attempt to end the marriage tax pen- say that he is fiscally irresponsible. The result of the vote was announced alty for 25 million married couples. In his January State of the Union, as above recorded. Since 1995, a growing bipartisan major- President Clinton stood in this exact f ity in the Congress has tried time and Chamber and asked Congress to work time again to end this gross unfairness PERSONAL EXPLANATION with him to fix the marriage tax pen- in the Tax Code. But each time, Presi- alty. We have done that. He vetoed it. Ms. LOFGREN. Mr. Speaker, I would dent Clinton and a majority of the So here we are today making every ef- note for the RECORD that yesterday I Democrats in Congress have just said fort to override that veto. When he was unavoidably detained because I am no. In the past 6 years, President Clin- spoke, there were no preconditions, a United Airlines customer. There were ton has blocked marriage tax penalty there was no quid pro quo, no wink and flights that were considerably delayed. relief more often than Tiger Woods has a nod. In fact, there was only bois- Had I been present, I would have voted won golf’s major championships. terous applause and cheers from both ‘‘yea’’ on all of the rollcall votes yes- President Clinton’s latest veto leaves sides of the aisle. But 8 months later, terday evening. a Clinton-Gore legacy of denying 25 when most American families were on f million married couples relief from the vacation or getting their children marriage tax penalty for 8 years. It ready to go back to school, he quietly MARRIAGE TAX RELIEF REC- means that married couples will have ONCILIATION ACT OF 2000—VETO vetoed the bill. to wait longer for relief. It means that Now is our chance to right this wrong MESSAGE FROM THE PRESIDENT they will have to vote for new leader- OF THE UNITED STATES and finally put an end to the marriage ship in the White House if they want tax penalty for 25 million married cou- Mr. ARCHER. Mr. Speaker, I move justice and fairness in the Tax Code. ples. We should all vote to override the that the Committee on Ways and This bill does bring fairness to the President’s veto. Means be discharged from further con- Tax Code. It gives the most help to Mr. Speaker, I reserve the balance of sideration of the veto message on the those middle- and lower-income Ameri- my time. bill (H.R. 4810), to provide for reconcili- cans who are hit hardest by the mar- Mr. RANGEL. Mr. Speaker, I yield ation pursuant to section 103(a)(1) of riage tax penalty. By doubling the 15 myself such time as I may consume. the concurrent resolution on the budg- percent bracket, and, Mr. Speaker, we Mr. Speaker, I listened with great in- et for fiscal year 2001. all know that is the lowest income tax terest to the rhetoric of the distin- The SPEAKER pro tempore (Mr. bracket that affects primarily lower- guished Chairman of the Committee on OSE). The Clerk will report the motion. and middle-income people, and the Ways and Means as he would have us to The Clerk read as follows: earned income credit income threshold, believe that the Democrats do not Mr. ARCHER moves that the Com- which affects the very low-income peo- want to give relief as relates to the mittee on Ways and Means be dis- ple, we erase the marriage tax penalty marriage penalty. Now, he knows that charged from further consideration of for millions of lower- and middle-in- I know that we Democrats have come the veto message on the bill H.R. 4810, come workers. This is especially im- forward with a bill that true, it does an act to provide for reconciliation portant to working women whose in- not cost the $300 billion over 10 years, pursuant to section 103(a)(1) of the con- comes are often taxed at extremely as his does, but it takes care of the current resolution on the budget for high marginal rates, some as high as 50 marriage penalty, the same way we fiscal year 2001. percent by this tax penalty. tried to take care of the estate tax (For veto message, see proceedings of Despite all of this unfairness, I ex- abuses that we found in the Tax Code. the House of September 6, 2000 at page pect we will still hear some excuses The difference between the so-called H7239.) from the Democrats today why we can- Republican solution is that it is not The SPEAKER pro tempore. The gen- not do this. They will say that stay-at- concerning itself just with relief for tleman from Texas (Mr. ARCHER) is rec- home moms and dads and people who those people who have an additional ognized for 1 hour on the motion. own homes or donate to charitable or- tax burden because they are married, it Mr. ARCHER. Mr. Speaker, I yield ganizations should not get relief, and goes beyond that and it is a part of this myself such time as I may consume. this is their idea of targeting. Their tremendous, huge billion dollar, tril- This is simply a procedural motion to plan actually denies relief to these im- lion dollar tax cut that they conceived move to consider the veto message portant parents, and I accentuate those in the last session which could not get which will be subject to debate. who itemize, who have home mortgages off the ground. When it was vetoed, Mr. Speaker, I yield back my time, or pay taxes on their homes, who have they did not even bother to override and I move the previous question on itemized deductions get no relief. They the veto. So if we were to take the cost the motion. do not want them to get any relief, but of this bill far beyond that of marriage H7510 CONGRESSIONAL RECORD — HOUSE September 13, 2000 penalty, we will find plus $200 billion colleagues to search their hearts and The American people are faced in that does not even relate to the prob- souls and think about this upcoming this election with a choice: Will we lem that we are addressing. The same weekend as they return to their com- have a big tax cut, or will we invest in thing was true when they tried to do munities, their churches, and their the future? Most Americans are inter- something with the estate tax. No, my friends by standing up for the institu- ested in protecting their retirement, Republican colleagues do not want to tion of marriage, standing up for fami- their social security, their Medicare, pass laws, they want to pass bills that lies, giving them the relief they de- which is really security in health are going to be vetoed. serve, and overriding the President’s areas. They are interested in educating b 1100 political veto of this bill. their kids to deal with this economy so Mr. RANGEL. Mr. Speaker, I yield 3 we do not have to bring in, under the They almost made certain that they minutes to the gentleman from the H–1B visa, hundreds of thousands of have the veto before they bring it to sovereign State of Washington (Mr. people from around the world because the floor, because the President of the MCDERMOTT), a distinguished member we say our own kids are not qualified United States has already publicly said of the Committee on Ways and Means. to take the jobs in this economy, we if they want to negotiate a solution to (Mr. MCDERMOTT asked and was have to give the high-paying jobs to the tax penalty, sit down and talk. given permission to revise and extend people outside the economy. But if it was not so close to the elec- his remarks.) When we get down to this tax cut, it tion, this thing would be hilarious, be- Mr. MCDERMOTT. Mr. Speaker, let is part of an overall package. We are cause the first time the Republican me begin by saying that there is not going to cut it and make a negotiation leadership has an opportunity to go to anybody on this floor who does not at the end. the White House and to talk about want to help middle class families. Mr. ARCHER. Mr. Speaker, I would working out a solution to legislation so When the Contract with America was simply say, that is wishful thinking. we can get out of here, do they talk brought out here with all the fanfare in Mr. Speaker, I yield such time as he about the marriage penalty? No. Do 1995, the marriage tax penalty was in may consume to the gentleman from they talk about estate tax relief? No. it. When the first tax bill came to the California (Mr. LEWIS). Do they talk about a general tax cut Committee on Ways and Means, I of- (Mr. LEWIS of California asked and for everybody so people can have their fered an amendment to remove the was given permission to revise and ex- money? No. marriage tax penalty in the Committee tend his remarks.) What do they talk about? Well, lis- on Ways and Means. Every single Re- Mr. LEWIS of California. Mr. Speak- ten. Stay tuned in. There is a new Re- publican on the committee voted er, I thank my colleague for yielding publican plan, and the plan is to set against it. time to me. aside a part of the surplus to pay down The only reason we could say they I rise to express my support for the 25 our national debt. And when does it did it, I suppose, was kind of ‘‘NIH,’’ million married couples in the country come in? Three weeks before the con- not invented here. They did not have who will be negatively affected by the clusion of the legislative session. their name on it. So they came back President’s veto, and strongly urge So this is poppycock. They are hold- the next year after they had done the that we override that veto. ing the marriage penalty bill hostage polling and realized they had made a Mr. Speaker, Republicans and Democrats because they want to vote on the Presi- mistake, and they have been trying agree. Congress and the President agree. It is dent’s veto. He had the courage to veto ever since, but they always wrap it in wrong to tax 25 million couples at a higher this bill because it is irresponsible. We a humongous tax cut. rate just because they are married. So why have to sustain the President, and then Now, none of us believe that we will are we forced to override a veto to right this find out what is the next rabbit they leave this session without a cut in the wrong? The answer is simple: partisan politics. are going to pull out of the hat before marriage tax penalty. I will be willing The President and the Democrats say they we conclude. to bet anybody on this floor that when can't support the effort to resolve this injustice Mr. Speaker, I reserve the balance of we sign off and leave here about Octo- because it ``doesn't help the right people.'' my time. ber 1, we will have agreed with the Here are the ``wrong people'' it would help: Mr. ARCHER. Mr. Speaker, I yield 1 President on a middle-class tax cut on Nearly a million low-income working families minute to the gentleman from Florida the marriage penalty. who would receive up to $421 more a year (Mr. FOLEY), a respected gentleman What is amazing is what the gen- from raising the phase-out level of the Earned from the Committee on Ways and tleman from New York (Mr. RANGEL) Income Credit. Means. just talked about, the meeting that 25 million taxpayers at all levels who would Mr. FOLEY. Mr. Speaker, I thank the happened in the White House yester- save up to $1,450 in federal taxes because gentleman for yielding time to me. I day. The Speaker of the House came the standard deduction for married couples thank the chairman for his leadership, and said, ‘‘We have a plan: 90 percent would be made equal to two individuals. and my colleague, the gentleman from goes for debt relief, and 10 percent goes Millions more middle-income families who Illinois (Mr. WELLER), for his strong for investment.’’ If we take all the would save hundreds of dollars each year be- leadership in enactment of this bill. taxes that have been pushed by the Re- cause the 15 percent tax bracket for couples I urge every one of my colleagues to publicans and are pushed by Mr. Bush filing jointly would be increased to twice that of override this veto. At a time when of $1.7 trillion, and we only have $5.5 single filers. every Member of Congress is going trillion, if we have a calculator in our Millions of married taxpayers at all levels around the country, particularly the pockets, which the Speaker ought to would be treated fairly for the first time in candidates for president, and saying have, we realize that that is 31 percent nearly 40 years. These couples have been they are family-friendly, it is unbeliev- of the projected surplus that is going paying extra taxes every year since their wed- able to me that any Member could turn for tax cuts. We cannot do it in 10 per- ding. around and vote against ending a tax cent. It is 3 times as much as we left on The Democrats and the President have said penalizing married individuals. the table. they can't support this reform because it pro- Some Members here have already So either the Republicans on the vides some relief to the taxpayers who pay 65 turned their backs on working fami- floor are walking away from Mr. Bush percent of the nation's taxes. These are the lies, small businesses, farmers. When and his tax cut, which I think most of people who have funded the surplus that we we tried to protect their families from them are, or they simply are trying to are now blessed with. And when this fairness the legacy destroyed by death taxes, put a fraud out on the people that they legislation is in place, they will still pay 65 per- we were unsuccessful. We will debate can do 90 percent for bringing down the cent of the nation's taxes. and discuss that. But I urge them not debt and 10 percent, and there is no The Democrats and the administration clear- to do that today to married individ- money left for investment, no money ly believe the federal budget surplus is their uals. for social security, no money for Medi- money. They cannot conceive of allowing the As a society and as a civilization, we care, no money for education, none of people who have already provided this surplus cannot afford a government that pun- the issues that we ought to be doing to pay less in future years. Instead, they would ishes marriages. I ask every one of my with the surplus. spend it on mammoth new federal programs, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7511 run by Washington bureaucrats. Or they would tom line is, we help 25 million married But the bill that we are now dis- tell taxpayers now to spend their own money working couples. cussing would only give tax relief to in order to qualify for any reduction in the As I mentioned earlier, Shad and couples who face a marriage penalty. taxes they pay. Michelle make about $65,000 a year, Only about half of that goes to those It's time for Congress to recognize that this their combined income. They are mid- people. The other half of that bill, money belongs to the taxpayers. At the very dle class public school teachers. They which is a monstrous bill in terms of least, we should pass this legislation to pro- suffer the average marriage tax pen- the dollar amount, would go to, Mem- vide tax justice to 25 million families. alty. When AL GORE called for the veto bers guessed it, the wealthiest people Mr. ARCHER. Mr. Speaker, I yield 3 of this legislation, he said that people in our country who have no marriage minutes to the gentleman from Illinois who own a home, who make about penalty problem. (Mr. WELLER), a respected member of $65,000 a year, who pay the average That is why Democrats crafted a fis- the Committee on Ways and Means marriage tax penalty of $1,400, are rich, cally responsible marriage penalty re- who has fought very hard for this legis- and that if people itemize their taxes, lief plan. It is a plan that would help lation. like Shad and Michelle Hallihan, be- people in Macomb County, in St. Clair (Mr. WELLER asked and was given cause they are homeowners they do not County, middle class families that I permission to revise and extend his re- deserve any marriage tax relief because represent. I am talking about folks just marks.) they are rich. like the couple that we have just seen Mr. WELLER. Mr. Speaker, we are So that definition of rich says if one up here who work hard for a living, pay hearing a lot of rhetoric, particularly pursues the American dream, gets mar- their mortgage payment, pay their car on the other side today, but what is the ried, has a family, buys a home, and payment, but do not have a lot left issue today? There is one issue: that is, then has to itemize their taxes, they over or anything left over to save with do we override the President’s veto of are rich and they do not deserve mar- at the end of the month. our effort to wipe out the marriage tax riage tax relief. They should still suffer We can give those people a hand, and penalty that affects 25 million married the marriage tax penalty. we can do it without taking money out working couples who suffer higher That is wrong. I believe, and I think of Medicare and social security, and taxes just because they are married? the majority of this House believes, without risking the premise of reduc- In fact, 25 million married working that if one really wants to be fair, we ing the national debt. But we cannot couples on average today pay higher should help everyone. Couples making do it if we pass this Republican plan. taxes of almost $1,400 a year just be- $65,000 a year like Shad and Michelle That is why the President is standing cause they are married under our Tax Hallihan, who happen to be home- so steadfast against it. Code. owners and happen to itemize their It is time that we focused our atten- tion on helping middle-class families, I have an example here, Shad and taxes, deserve tax relief just as much not just those who are reaping enor- Michelle Hallihan, two public school as anyone else when it comes to the mous amounts of wealth in this coun- teachers from Joliet, Illinois, who suf- marriage tax penalty. fer the marriage tax penalty. They Let us override the President’s veto. try who have no marriage penalty problem, but who would get half of have an average income each year of I invite more Democrats to join with what this bill is all about. about $65,000. That is their combined us. Let us be fair to people like Shad I urge my colleagues to vote no on income. They are homeowners. They and Michelle Hallihan. They are not this proposal, and to sustain the Presi- have a child, little Ben. They suffer the rich, they are middle class. dent veto. marriage tax penalty, about $1,400. Mr. RANGEL. Mr. Speaker, I yield 3 Mr. ARCHER. Mr. Speaker, I yield In the South suburbs of Chicago, minutes to the gentleman from Michi- myself such time as I may consume. $1,400 is real money. It is one year’s gan (Mr. BONIOR), the distinguished mi- Mr. Speaker, I would briefly respond tuition at Joliet Junior College; it is 3 nority whip. to a statement made by my friend, the months of day care; several months’ Mr. BONIOR. Mr. Speaker, I thank gentleman from Michigan, which is not worth of car payments; it is a home my colleague for yielding time to me. accurate. That is that the Democrats mortgage payment, a month or two for Mr. Speaker, a number of years ago would take away the marriage penalty many, many families; but it is real there was a man from Michigan whose for those who itemize. Their plan does money for real people. advice to elected leaders was, ‘‘Say not, I repeat, does not provide any help That is what this is all about, is do what you mean and mean what you for those people who have homes and we allow folks like Shad and Michelle say.’’ Of course, that man’s name was mortgages and taxes and want to to keep their money, or do we send it Gerald Ford. He led this Republican itemize rather than take the standard to Washington, particularly on this House as a Republican leader, but it deduction. issue of tax fairness? would not hurt if those who followed Mr. Speaker, I yield 2 minutes to the I was so proud. After several years of him heeded his words today, because gentleman from Illinois (Mr. MAN- working, my chairman, the gentleman yesterday, in a complete turnabout, a ZULLO). from Texas (Mr. ARCHER), has been complete about face, the Republican (Mr. MANZULLO asked and was concerned about this issue since he leadership suddenly announced their given permission to revise and extend first came to this Congress. Many have hunger to join Democrats in working his remarks.) been working on this issue for a long to pay down the national debt. Mr. MANZULLO. Mr. Speaker, Shane time. This House and Senate voted to Of course, that was yesterday. Now, and Penny Fox were married in 1997. wipe out the tax penalty for people like it is less than 24 hours later and we are Shane is a graphic designer for a char- Shad and Michelle Hallihan this year, back at it again. Here they go again, ity, and Penny is a legal secretary. and we did it the year before. Unfortu- they are trying to pass another piece of In 1997, their taxable income was nately, the President vetoed it. their $1 trillion tax cut package, a $1 $47,000. When they went to file their We want to help everyone who suffers trillion tax cut package. It is the joint income tax return as required by the marriage tax penalty: those who mother of all tax cuts, and it would rob law, they paid $8,691 in income taxes. itemize, those who do not. America of its resources that we need But if they had remained single, they I was proud to say that every House not only to pay down the debt, but to would have paid $7,055, so these two Republican voted to eliminate the mar- strengthen social security and Medi- people with a combined income of less riage tax penalty. Fifty-one Democrats care, as well. than $50,000 a year paid $1,636 just be- joined with us to eliminate the mar- Our message to Republicans is that it cause they were married. riage tax penalty. We doubled the is time to mean what they say. I participated in that wedding cere- standard deduction for joint filers, for Should we do something about the mony. I read the Scripture where it married couples, so they earn twice as marriage penalty? Of course we should says that God says that a marriage is a much in the same tax bracket. do something, and the example that holy union. Yet, the official policy of We also widen the 15 percent tax was just given, they are absolutely the Federal government, of Congress bracket. We help those who itemize, we right, that couple should be given a and the administration, is to discour- help those who do not itemize. The bot- marriage penalty tax relief act. age marriage. It is to say, they should H7512 CONGRESSIONAL RECORD — HOUSE September 13, 2000 not get married. Marriage is not the while, the clock keeps running. There This is a very good bill. right thing to do economically. are less than 20 days left on the legisla- Mr. Speaker, I yield 2 minutes to the That does not make sense. That is tive calendar, and we still have not ap- gentleman from Ohio (Mr. TRAFICANT). public policy being made in Wash- proved 11 of the annual spending bills Mr. TRAFICANT. Mr. Speaker, I ington that discourages people from that keep the Federal Government op- agree with the gentleman from Texas getting married. What type of govern- erating. (Chairman ARCHER). This Tax Code is ment penalizes people because they The prospects for a Patients’ Bill of so perverse, it even taxes sex; marital say, ‘‘I do’’? Rights, a meaningful prescription drug sex, that is. benefit for seniors, a minimum wage Now, let us put the hay where the b 1115 increase, a middle-class tax relief grow goats can reach it. If one does not get Did they realize when they said for bleaker by the day. married, one pays less taxes, one gets ‘‘better or worse’’ it meant the Federal We agree that the marriage penalty rewarded. If one gets married, one pays Government would come along and pe- must be remedied. Our bill offers $95 more taxes, one gets hit over the head. nalize them $150 a month just because billion in relief over 10 years. But in- To me, that is unbelievable. they got married? stead of reaching compromise, the per- Is it any wonder, Mr. Speaker, we The tax is immoral, and sometimes fectionist caucus says do it my way or have so many unwed mothers in Amer- we have to eliminate taxes because take the highway. ica, so many kids on the street, kids they are immoral. Anytime we say The leadership once again forced us without guidance, kids without sta- marriage is wrong by the Federal Gov- to genuflect at the alter of Republican bility, kids without fathers, govern- ernment, it is an immoral tax, and it ideology, tax cuts for those who need ment paying the bills, and Congress ex- has got to go. them the least. That is where we differ, pecting schools to straighten them out, Do my colleagues know what? Under not on the couple that the gentleman to discipline them and to raise them? the Gore-Clinton plan of so-called mar- from Illinois (Mr. MANZULLO) just re- Beam me up. riage tax relief, because they bought a ferred to. Now, let us tell it like it is. I think home, they would not qualify for their This bloated tax bill would cost an there is too much partisan politics here plan. It discourages homeownership. estimated $292 billion over the next today, and we should be dealing with It is very, very simple. Marriage is decade. It would squander our surplus the people’s business. good, it is a holy union, but not to the while not helping this couple who Let us look at the facts. Our Tax Federal Government, and certainly not would pay higher interest rates be- Code subsidizes illegitimacy, but taxes to these two who have been penalized cause of the deficits that would result the institution of marriage. Our Tax $1,607 just because they said ‘‘I do.’’ in the squandering of the resources. It Code promotes sexual promiscuity, but Mr. RANGEL. Mr. Speaker, I yield would strip us of our ability to taxes the institution of marriage. Beam me up. 31⁄2 minutes to the gentleman from strengthen Social Security and Medi- One does not need to be a rocket sci- Maryland (Mr. HOYER), distinguished care and, as I said, a prescription drug entist to see this is the right thing to Member of the Congress. benefit. do. I will vote to override this anti- Mr. HOYER. Mr. Speaker, today we Pay down the debt and invest in our family, anti-child, anti-mother, anti- waste more precious time on yet an- children’s future. The Republicans’ spe- wife presidential veto. We are rel- other bloated tax bill. This motion to cial-interest political agenda is pre- egating people to the bottom end of the override the President’s veto, as the venting, not facilitating, tax relief for ladder, and the only hope we are giving chairman has correctly pointed out, working families. Let us sustain the them is go to the next rung. will fail. He knows that. The Repub- President’s veto, and let us get down to meaningful compromise that will af- This is not the way to do it. The lican leadership knows that as well. fect millions of Americans that need it President is wrong. We should override Yet we persist in this play-acting. most. this veto. The Republican leadership must give Mr. ARCHER. Mr. Speaker, I yield I proudly join forces with the gen- the appearance of doing something, myself such time as I may consume tleman from Texas (Chairman AR- anything in this do-the-wrong-thing- again to respond to, I think, an unin- CHER). If the truth be known, there are for-special-interests 106th Congress. tended inaccuracy on the part of the more Democrats deep down in this What do I mean by that? The reason we gentleman from Maryland (Mr. HOYER). election year that would like to vote do not reach a compromise on this is He said we are ready to fix the mar- with him, and they should. not because of those who are penalized riage penalty for those people who own I yield back all the broken homes in under the marriage penalty but those their homes and itemize. They have America and all the kids in jail that who are not penalized, the wealthiest never included that in one of their pro- need not be there. in America. That is why we do not posals. But they say they are ready to Mr. RANGEL. Mr. Speaker, I yield come to agreement with the President. fix it for middle-income people. I would myself such time as I may consume. That is why we do not come to agree- like to see that fleshed out in one of Mr. Speaker, I was so moved by the ment on both sides, not because of the their proposals. They have resisted it gentleman from Ohio (Mr. TRAFICANT), couple discussed by the gentleman over and over and over again. It is un- the previous speaker. But just let me from Illinois (Mr. MANZULLO). We can fortunate that they want to cut out say this, it seems as though the gen- all agree on that. these people that the gentleman from tleman from Texas (Mr. ARCHER), The Washington Post got it right re- Illinois (Mr. MANZULLO) just talked chairman of the Committee on Ways cently when it said of these Republican about. We will continue to pursue that. and Means, in his remarks to this au- tax bills, and I quote, ‘‘It is not clear I also want to say to the gentleman gust body, referred to the tax proposals which, if any, will be sent to the Presi- from Maryland I never said we were of the Vice President of the United dent. But that does not matter in a not going to override this veto. I am States. It may be parliamentarily prop- mock Congress. It is the show that still hopeful that there will be 40 per- er to do that, but I do not think we counts.’’ cent of the Democrats who will be en- want to hear anything about Vice Here we are at the show. Just like lightened enough and fair enough to do President GORE’s tax proposals on this last week’s debate on the estate tax this. floor because I will be tempted, tempt- where we could give millions of Ameri- Then, finally, I will say that Vice ed to bring up Governor George W.’s cans relief, but the gentleman from President GORE in his tax relief has tax proposals. But because of my affec- Texas (Mr. ARCHER), my friend, the said he wants to help stay-at-home tion for my Republican friends, I would chairman for whom I have a great re- moms and stay-at-home pops. Yes, we not want to offend or embarrass them spect and affection, we are not doing it, do that also while we fix the marriage and to have them to run away from because of the thousands that the penalty. What is wrong with doing it in them on the floor. So let us confine President will not include in the bill the same bill? Why do the Democrats ourselves to our legislative responsibil- and that we will not include in the bill. suppose what their own presidential ities. We are being forced to participate in candidate wants to do as a separate Mr. Speaker, I yield 3 minutes to the this show once again today. Mean- item? gentleman from Michigan (Mr. LEVIN), September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7513 a senior member of the Committee on keep what they earn to save, spend, The American public has said, Con- Ways and Means. and invest. This need not be partisan. gress, if in fact there is a surplus, and (Mr. LEVIN asked and was given per- We in the legislative branch have the know full well this is all projections, it mission to revise and extend his re- constitutional ability to override the is a guess over the next 10 years, but if marks.) President of the United States. We in- the guess is right, reduce the national Mr. LEVIN. Mr. Speaker, earlier, the vite our friends on the left, join with debt on my kids and grand kids, which gentleman from Illinois (Mr. WELLER), us, stand for families, not for dis- today is over $3 trillion. my colleague on the Committee on guising targeted tax cuts as spending That is where the emphasis should Ways and Means, said that the real programs, but straight up, allowing be, and that is what this Congress issue is overriding the veto. He, I American families to keep more of should be up to. But it is an election think, exposed what this is all about what they earn. That is true compas- year, so what we have to do is try to for the majority party. The real issue sion. That is why we must override this sell a bill to married couples which should be marriage penalty relief. presidential veto. really does something else to help in My suggestion is that, if people real- Mr. RANGEL. Mr. Speaker, I yield 3 the election process. ly want such relief, my Republican col- minutes to the gentleman from Wis- I urge my colleagues to not override leagues withdraw this effort that is consin (Mr. KLECZKA), a member of the the veto. Let us get back to what they doomed to failure and they do what we committee. said yesterday. Let us pitch debt reduc- have never done on the Committee on Mr. KLECZKA. Mr. Speaker, I have tion relief. Ways and Means, as the gentleman two points I would like to share with Mr. ARCHER. Mr. Speaker, I yield 1 from New York (Mr. RANGEL) has said, the body today. The first is that I am minute to the gentleman from Cali- sit down and work out a marriage pen- somewhat confused. I read here in the fornia (Mr. ROYCE). alty relief bill on a bipartisan basis. Congress Daily that the Republican Mr. ROYCE. Mr. Speaker, I thank the They never tried to do that. leaders went over to the White House gentleman for yielding me the time. The majority of us favor marriage yesterday, talked to the President, and Mr. Speaker, maybe we can clarify penalty relief. We can do it on a bipar- they told the President that they are this a little bit. What we are talking tisan basis. But, instead, we have a bill going to set aside their tax cuts in about in terms of the standard deduc- here that goes way beyond that. It is favor of debt reduction. Any surplus tion, what our Democrat friends are too broad. It is part of a package that coming in would be used for debt reduc- saying is that they will support an ad- is much too large; and as a result, the tion, a plan that the American public justment in the standard deduction but package is weighted too much in favor supports. they will not support what we do with of the very wealthy. No one on the ma- Well, that was yesterday. Now today the elimination of the marriage tax jority side has ever answered this fact: they come back to the floor of the penalty, which is to say that we also according to CBO, almost half of the House and try to override this bill they take care of those who itemize. tax cut in this bill goes to couples that call the marriage tax penalty. Now, 40 percent of the taxpayers pay no marriage penalty at all. itemize; and that is because 40 percent b 1130 So let us sit down and do what we or more have homes or have a condo- should do and work out, if we are seri- Well, let me talk about that for a minium. And, as a consequence, all of ous, a marriage penalty relief bill. My moment. If in fact we provide relief to the examples we have seen here today, Republican colleagues do not have a those lovely couples that the Repub- the posters on the floor, are of those political issue with this because the lican colleagues are bringing out on people who, frankly, itemize their de- majority of the public understands the posters, that would cost, over a 10- ductions. And because they itemize, what they are after, and that is a 30- year period, $95 billion. In the whole they will not get any relief unless we second ad instead of a 5- and 10-year scheme of things, that is affordable. pass the Republican bill. Under the tax relief bill. The Democrats support that. Repub- Democrat proposal, they do not get re- So I close by saying this, we are licans support that. The President, in lief from the marriage tax penalty. ready on the Democratic side to sit his State of the Union standing behind Now, on average, this is $1,400 per in- down with my colleagues, if they are me, supports that. dividual. serious about policy and do not want Then, why are we not doing it? Now, the President says these are the what they think is a good political Because the bill before us, Mr. Speak- rich. But it is just not the case that ev- move, and put together a marriage pen- er, costs $290 billion. Well, wait. Mar- erybody that owns a home or every- alty relief bill. I hope they will do that riage penalty is only $95 billion. Where body that owns a condominium and, after the veto is sustained. is the other $200 billion going? therefore, itemizes is rich. That is not Mr. ARCHER. Mr. Speaker I yield 1 Seems as the bill made its way true. I wanted to point out that. minute to the gentleman from Arizona through the process, the Republicans Mr. RANGEL. Mr. Speaker, I yield 2 (Mr. HAYWORTH), another respected added a little rider, they slipped in a minutes to the gentleman from Texas Member of the Committee on Ways and little amendment. And that amend- (Mr. GREEN). Means. ment expanded the tax income for the (Mr. GREEN of Texas asked and was Mr. HAYWORTH. Mr. Speaker, I 15 percent bracket. The effect is that given permission to revise and extend thank the gentleman from Texas (Mr. the bulk of the $200 billion added to the his remarks.) ARCHER), the chairman of the com- bill goes to the wealthy. But the Re- Mr. GREEN of Texas. Mr. Speaker, I mittee, for yielding me this time. publicans still call it marriage penalty thank my colleague from New York Mr. Speaker, I say in response to the tax relief bill. and our ranking member for yielding gentleman from Michigan (Mr. LEVIN), Well, my colleagues, that is a hoax. me the time. with all due respect, Mr. Speaker, this It is not marriage penalty tax relief. Mr. Speaker, I rise in opposition to is a bipartisan way to fix a problem. The bulk of the bill goes to people who the motion to override the President’s The Constitution provides for veto do not even pay the marriage tax pen- veto of the marriage penalty tax relief. override. alty. So what we have here is a sham, I support real marriage tax relief, but This need not be a partisan ballot. a hoax, a Trojan horse. this bill is fiscally irresponsible. This Indeed, when people get marriage li- On one day, out of one side of their bill would cost $292 billion over 10 censes, they do not record political af- mouths, they go to the President and years, $110 billion more than our House filiations. But when they fill out their say, no more tax cuts, we were wrong, version. tax returns and they are penalized to the American public does not buy it; Despite its appealing name, more the tune of $1,400 a year, that is a con- they want debt relief. Then, they come than half the tax cut would benefit cern whether one is a Republican, Dem- before the House floor and cry alligator couples who not only do not pay mar- ocrat, libertarian, vegetarian, inde- tears for these young, married couples riage penalty but actually get a mar- pendent. when they know the bulk of the $290 riage bonus. And we are not talking It comes to this simple philosophy: billion goes to their rich friends. That about the ones who may have a second let married couples and their families is what is going on around here. home. H7514 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Now, having been married for over 30 Moreover, by prohibiting married couples Means Committee. Our bills cost only years, as much as I would like to get a from filing combined returns whereby each about $9 billion a year to fix the whole bonus for having been married that spouse is taxed using the same rate applica- problem. long, I would like to work our tax pol- ble to an unmarried individual, the Tax Code What this bill does though, under the icy differently, Mr. Speaker, and just penalizes marriage and encourages couples to guise of fixing the problem, is to put us correct the problem of the marriage live together without any formal legal commit- further in debt to the tune of about penalty and not the marriage bonus. ment to each other. $200 billion more over 10 years than is Let us deal with that marriage The Congressional Budget Office has esti- needed to fix the problem. Most of this bonus. Let us reward people, stay-at- mated that 42 percent of married couples in- bill just gives deep tax cuts that are home moms or stay-at-home fathers, in curred a marriage penalty in 1996, and that not targeted and do not produce the de- a separate piece of legislation and not more than 21 million couples paid an average sired effect. confuse the issues. We are talking of $1,400 in additional taxes. The CBO further The reality is that almost as many about marriage penalty relief. found that those most severely affected by the people get a marriage bonus as get a In addition, the Republican bill al- penalty were those couples with near equal marriage penalty. Why do we need to lows many couples are denied tax relief salaries and those receiving the earned in- give any further incentives to get mar- because of the interaction between the come tax credit. ried? This is not the way that we alternative minimum tax with the in- This aspect of the Tax Code simply does should be using scarce resources. crease in the standard deduction in the not make sense. It discourages marriage, is What we ought to be doing is paying bill. About half the total tax cuts in unfair to female taxpayers, and disproportion- down the debt. We, the baby boom gen- this bill would benefit only the top 10 ately affects the working and middle class eration, got the benefit of the debt. We percent couples who have incomes over populations who are struggling to make ends should not be passing our bill on to our $92,500. meet. For all of these reasons, this tax needs kids. We should put first things first, We did have an alternative plan. A to be repealed and I support the veto override. pay off our debts and put our money Democratic proposal gave $10 billion Mr. COLLINS. Mr. Speaker, I yield 1 aside to pay for our retirement, so our more in marriage penalty relief to cou- minute to the gentleman from Michi- kids don’t have to. ples and it was not burdened by all the gan (Mr. UPTON). Let us fix the marriage penalty but other problems this bill has. But the Mr. UPTON. Mr. Speaker, earlier this do it in a responsible manner. Let us Democratic bill also cost half as much year I sat in this Chamber with many not squander the surplus. Let us pro- as this bill even though it added $10 bil- of my colleagues listening to a very vide for the future. lion more to marriage penalty relief. long State of the Union speech. It was Mr. COLLINS. Mr. Speaker, I yield My Republican colleagues have de- long for a lot of reasons, but one of myself such time as I may consume. signed a bill to give the tax breaks to them was that there were a lot of ap- Mr. Speaker, I hear the word ‘‘tar- the highest income couples even if they plause lines. Many Republicans and get,’’ let us ‘‘target.’’ do not suffer from the marriage tax Democrats, in fact, stood during one of The Tax Code targets everyone who penalty. those, as I did, when the President works and earns a check or earns an in- Tax relief is important but so is pro- talked about ending the marriage pen- come. So when we talk about relief, we tecting and strengthening Social Secu- alty tax. should also look at everyone who rity, Medicare, investing in education, This is a bipartisan bill. It was a bi- works and earns an income, whether providing for a prescription drug ben- partisan bill in both the House and the they be employed or self-employed. efit under Medicare, and also making Senate. It is not one side trying to jab The purpose of the marriage penalty sure our national defense is paid for, the other. This is not a tax cut for the relief bill is to try to establish some paying off the debt accumulated during rich. It does not help any special inter- fairness in a Tax Code that many peo- the 1980s and early 1990s. ests except for working couples. ple feel is unfair, that many people and We have to balance it, and that is What is wrong with that? almost all of us know is very complex why we need to correct the marriage Many of these couples, in fact, are and is very costly to the individual to penalty. The Democratic alternative struggling to try to make ends meet. abide by. provides for a middle-class tax cut and They are living from paycheck to pay- So what we were trying to do here still protects our vital national prior- check to paycheck. and we were successful in the bill but ities. We need to override this veto. We we were not successful with the Presi- The SPEAKER pro tempore (Mr. need to override this veto for American dent’s signature was to establish a OSE). Without objection, the gentleman families in all 50 States. I hope that my standard deduction that is equal and from Georgia (Mr. COLLINS) will con- colleagues would join me in voting to fair to each individual, whether they trol the time for the gentleman from override that veto later this morning. are single or whether they are married. Texas (Mr. ARCHER). Mr. RANGEL. Mr. Speaker, I yield 1 A single person has a $4,400 deduc- There was no objection. minute to the gentleman from Virginia tion. We were creating a $8,800 deduc- Mr. COLLINS. Mr. Speaker, I yield (Mr. MORAN). tion for a married couple rather than such time as he may consume to the Mr. MORAN of Virginia. Mr. Speak- current law that is about $7,300. gentleman from New York (Mr. GIL- er, I thank the very distinguished We were taking the approach that MAN). ranking member of the Committee on the first dollars earned as adjusted (Mr. GILMAN asked and was given Ways and Means. gross income, whether it be single or permission to revise and extend his re- Mr. Speaker, about 9 years ago, a whether an individual or a couple be marks.) constituent alerted me to the fact that filing as a married couple, that the Mr. GILMAN. Mr. Speaker, I rise in he was paying about $1,200 more in first dollars earned would be subject to strong support of H.R. 4810, the Mar- taxes for having gotten married than the 15-percent tax rate. For a single in- riage Tax Elimination Act, and in op- he and his spouse had been paying as dividual, the first $26,000 would be sub- position to the President’s veto. singles. He understood the reason for it ject to the 15-percent rate. And I am I became an early cosponsor of this legisla- that, when two people get married, using round numbers. For a couple, the tion because I believe the marriage penalty is they oftentimes have only one mort- first $52,000 would be subject to the 15- the most indefensible thing about our Nation's gage or rent to pay and they can econo- percent bracket. current Tax Code. mize in other ways and when they have Equal. Fairness. There is nothing The current Tax Code punishes married children they get a deduction for each wrong with that. And why those who couples where both partners work by driving child and that there is some ration- do not support that or why the Presi- them into a higher tax bracket. The marriage ality to the Tax Code. But it did not dent did not support that I do not penalty taxes the income of the second wage seem quite fair. know. I know the excuses, but I do not earner at a much higher rate than if they were We introduced a bill and it did not know the reasons. The excuses were taxed as an individual. Since this second earn- get too far. The gentleman from Wash- that we are helping the rich, we are er is usually the wife, the marriage penalty is ington (Mr. MCDERMOTT) had another helping those no matter what their in- unfairly biased against female taxpayers. bill that he got through the Ways and come level. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7515 What we were doing was establishing licans controlled both Houses of Con- Last year, they paid $1,953 more for fairness on the bottom rung of the lad- gress. the price of being married. That is der. And as they climb the ladder of in- Those are my priorities; and, quite wrong, and anyone can see how unfair come, they climb the ladder of progres- frankly, I am not going to steal it from this is. These people are not rich. They sive tax rates, marginal rates. We have the Social Security trust fund. I am do not drive fancy cars and take glam- five marginal rates, 15 percent being not going to steal it from the military orous vacations. They have to make the lowest. Then it goes to 28 and to 31 retirees trust fund. I am not going to car payments and mortgage payments and to 34 and to 39.6. And then, as they steal from it the Medicare trust fund, every month. They have to pay doctor reach that plateau, they begin to and I am not going to stick my chil- bills when one of the kids has an ear- itemize. They even lose their itemized dren with my bills. ache and they have to pay for day care. deductions based on their income. Mr. COLLINS. Mr. Speaker, I yield This is common sense tax relief for I regret that we have opposition to myself such time as I may consume. working South Dakotans and for work- this bill that supports a measure that Mr. Speaker, the gentleman from ing Americans, and I hope all Members would actually prohibit the itemized Mississippi (Mr. TAYLOR) makes some of this House can see the value of this deduction of homeownership. We very well-phrased comments. Neither legislation and the message it sends to should encourage homeownership. That are we going to steal it from Social Se- the American people and the people of is part of the American dream is to curity or from Medicare or from any this Nation that we value marriage, we own a home. trust fund; but what we have done, in encourage marriage, we do not want to We should encourage people to save. the appropriation process, is to in- penalize people because they choose to Part of these reductions and part of crease funding in all levels that he has get married. We need to repeal this law letting people keep more of their spoken of so that we can honor the and stop punishing married couples in earned income could lead to the possi- promises we made to our veterans and this country for having made a com- bility that some of them would save. so that we can replenish the funding mitment to each other. Overriding this needed for our defense. Some of them may even put it into a veto and repealing the marriage pen- He mentioned there is no surplus. Mr. savings account for their children for alty and the tax law is the right thing Speaker, we have a positive cash flow, to do for this country. education purposes. though, and this positive cash flow is Lastly, Mr. Speaker, we should en- Mr. RANGEL. Mr. Speaker, I yield 3 real. courage marriage. Marriage. When we I went into business at the age of 18, minutes to the gentleman from Texas have a tax code that discourages it, and at the age of 18 I went into debt. (Mr. STENHOLM). (Mr. STENHOLM asked and was that is wrong. Mr. Speaker, I am still in debt; and I do given permission to revise and extend So I ask my colleagues to swallow not have enough funds in my account his remarks.) the pride of supporting a President who to pay all of my debt, but what do I Mr. STENHOLM. Mr. Speaker, it is does not quite understand the meas- have to do? I have a positive cash flow interesting how quickly we dismiss the ures of this bill and support the Amer- that allows me to meet my obligations, statements of the gentleman from Mis- ican people, whether they be single or and through the years I have had posi- sissippi (Mr. TAYLOR) regarding the whether they be married. tive cash flow in some years and not in trust funds and the desire of many of Mr. Speaker, I reserve the balance of others; but those years that I did, I was us to change the manner in which we my time. able to give myself a little bonus, and Mr. RANGEL. Mr. Speaker, I yield what we are talking about here with have been addressing the trust funds. 11⁄2 minutes to the gentleman from Mis- this positive cash flow is leaving some Today, again, we have a simple ques- sissippi (Mr. TAYLOR). of it as a bonus for those who earned it tion; and I have a simple question to Mr. TAYLOR of Mississippi. Mr. and paid it into the Government, paid pose. If one believes that providing a Speaker, through the first 11 months of into the Treasury, a positive cash flow, tax cut as large as possible is more im- this fiscal year, our Nation ran a $12 one that can be used to meet our obli- portant than eliminating the national billion surplus. That is available for gations and one that can be used also debt and protecting Social Security every American to read. It is a pub- to give relief and a bonus to our people and Medicare, then vote to override the lished report of the Bureau of Public across this country. veto of this bill. However, if one agrees Debt. So there is no surplus. The only Mr. Speaker, I yield 2 minutes to the that eliminating the national debt and surplus is in the trust funds. gentleman from South Dakota (Mr. protecting Social Security and Medi- care is more important than any new b 1145 THUNE). Mr. THUNE. Mr. Speaker, I thank spending or tax cuts, then vote to sus- For the past 4 years, for 3 of those 4 the gentleman from Georgia (Mr. COL- tain the veto. years, I have heard the same Congress LINS) for yielding me this time. I am for marriage penalty relief. We that controls the purse strings tell our Mr. Speaker, let me just say I agree could come to this floor this afternoon veterans, the very people who gave us with the gentleman from Mississippi and in very short order develop a fis- the opportunity to even have this de- (Mr. TAYLOR) about the priorities he cally responsible compromise which bate, that their budget is frozen, for 3 noted, which is why we are increasing would bring meaningful support and of the past 4 years. In 1994, the last in record levels VA health care funding tax equity to millions of Americans. year that the Democrats controlled and we are increasing our spending on Sadly, we choose this morning to con- Congress, there were 404 ships in the military readiness, which is something tinue a charade. United States Navy. After 6 years of that is long overdue; but that is a de- I continue to be amazed at the level Republican control, we are down to 315. bate for another day. of inconsistency in the leadership of Why? Because there is no money. Well, What we are here to talk about today this House reflected from one message if there is no money for the veterans, if is the marriage penalty, which I think of the day to the next. On one day this there is no money for the survivors’ is a no brainer. I cannot believe that House loves to congratulate itself on benefit pension offset, if there is no we have to debate this thing. We have its commitment to debt reduction. The money for dual compensation for peo- 75,000 married couples in South Dakota next day it is tax relief for small busi- ple who are crippled while they become who pay higher taxes because they nesses. Another day we swear our sup- military retirees, why is it that we can choose to say ‘‘I do.’’ These are regular port for lockboxes for Social Security afford to give away $200 billion to peo- working people. and Medicare and then we promise ple who already get a tax benefit the I will give an example of just what I huge tax cuts not only for middle- and day they get married? am talking about. There is a young low-income married couples but we The Democrat plan would free up couple that came into my office. The also sneak in wider tax brackets to those $200 billion to take care of our husband makes $46,000 a year. The wife benefit the higher-income folk. veterans, to take care of our military makes $21,000 a year. They are married. Now, I think most of these are wor- retirees, to build the United States They are in their early thirties and thy and, in fact, should be among our Navy back up. It is now the smallest it they have two young children under highest priorities; but it is just not has been since 1933, while the Repub- the age of 4. possible to have ten different number H7516 CONGRESSIONAL RECORD — HOUSE September 13, 2000 one priorities. It takes leadership. The are now talking about what do we do priorities. I urge my colleagues to vote no on Blue Dogs looked at the whole picture about staying out of Social Security the override of President Clinton's veto. early this year and realistically bal- and giving the people some of their Mr. RANGEL. Mr. Speaker, I yield anced each concern with the other. We money back. We hear targeted tax the balance of our time to the gen- decided that our number one priority cuts. This is targeted for couples who tleman from Missouri (Mr. GEPHARDT), should be eliminating our national are married. What better way to target our distinguished minority leader. debt so that we can meet our commit- tax cuts than to people who are mar- (Mr. GEPHARDT asked and was ments to Social Security and Medicare ried? My goodness, my goodness, there given permission to revise and extend in the future. We should talk about tax should not be any question about this. his remarks.) cuts after we have agreed on a long- This is a people’s issue, and on this Mr. GEPHARDT. Mr. Speaker, I rise term plan to set aside enough of the one we are on their side. We are doing to support the ending of the marriage surpluses over the next 10 years to what the people need, married couples, penalty, to say that the Democratic al- eliminate the debt and deal with the low income, middle income, all folks, ternative did that for people that actu- challenges facing Social Security and married couples. What better way to ally have a marriage penalty, and our Medicare. target tax relief. Vote to override the problem with this bill is that it extends I would congratulate my colleagues President’s veto. Vote with the major- about 60 percent of its benefits to peo- from the other side of the aisle for ity side here. Vote for the people and ple that earn above the middle class coming around to the Blue Dog posi- repeal and override the marriage tax and have many more means than the tion on debt reduction, at least in their veto. middle class and, frankly, do not have rhetoric yesterday. Unfortunately, the Mr. RANGEL. Mr. Speaker, I yield a marriage penalty. leadership’s conversion to the cause of such time as she may consume to the Our problem with the bill, and the debt reduction appears to have been a gentlewoman from California (Ms. President’s problem with the bill, and short-term plan of convenience and not PELOSI). the reason the bill was vetoed, is that a serious long-term commitment to (Ms. PELOSI asked and was given it goes ahead and does a lot of things paying off the debt. The fact that we permission to revise and extend her re- that have nothing to do with the mar- are voting today on this fiscally incon- marks.) riage penalty. sistent tax cut makes me seriously Ms. PELOSI. Mr. Speaker, I thank We are all for getting rid of the mar- doubt the seriousness of the Repub- the gentleman from New York (Mr. riage penalty. For about $100 billion lican leadership’s rhetoric about debt RANGEL), the distinguished ranking over 10 years, we could do that for the reduction. member, for yielding me this time. people that have a problem. We could If the leadership of this House were Mr. Speaker, as one who celebrated be carrying on a discussion today serious about debt reduction yesterday, her 37th wedding anniversary last about a bill that the President would they would not be coming to the floor week, I certainly do not support mar- sign that would end the marriage pen- today with this override. We should be riage penalty, but I do support the alty, but that is not what was chosen working on a fiscally responsible tax Democratic alternative and urge my to do. So we are wasting time today, cut. I urge my colleagues to vote to colleagues to sustain the veto and con- again, working on a bill that has been sustain the veto so we can get to work gratulate the distinguished ranking vetoed that will never see the light of on a fiscally responsible marriage tax member for his extraordinary leader- day. I go door to door in my district; I penalty relief. ship on this. went door to door last weekend and Mr. COLLINS. Mr. Speaker, I yield 2 Mr. Speaker, we all agree that couples people talked to me about all kinds of minutes to the gentleman from Ten- should not be penalized by the tax code when issues, prescription medicine and Medi- nessee (Mr. WAMP). they decide to marry. That is not the issue. care, a Patients’ Bill of Rights, helping (Mr. WAMP asked and was given per- The problem with the Republican marriage public education and trying to get mission to revise and extend his re- penalty bill is that its tax cuts go well beyond smaller classroom sizes. marks.) marriage penalty relief by widening the tax And they talk about tax relief; but Mr. WAMP. Mr. Speaker, there has brackets of higher income tax payers. Half of they want tax relief that is affordable, been a lot of talk this fall about who is the relief in the Republican proposal goes to reasonable, feasible, and is targeted at for the powerful and who is for the peo- people who do not pay any marriage penalty the people that really need it. They do ple, and I have a populist thread that today. As a result, their proposal costs an as- not think we need tax relief for people runs deep to my core and most folks tounding $182 billion over the next ten years, that earn $130,000, $150,000, $200,000 a know I come right from the center of consuming nearly one-fourth of the surplus. year. They earn $30,000 a year or $40,000 this floor, from this body to the micro- Such substantial costs will leave less money a year; and they would like the tax re- phone to speak from time to time; and to strengthen Social Security and Medicare, lief limited and targeted at them. They I have to say that this is where the provide a prescription drug benefit to seniors, also want us to save the vast majority rubber meets the road because this is a pay down the national debt, and provide other of the surplus to pay down the debt and people’s issue. This is a populist issue. essential government services. I support to take care of Social Security and It is about average people, 110,000 of President Clinton's veto of this fiscally irre- Medicare. them in my district. They will pay sponsible Republican proposal because enact- Now yesterday in a meeting in the $1,400 per couple less in taxes. Since ing a tax cut that reduces our ability to ad- White House, the Speaker and other they are married, they should not be dress these important priorities will harm fami- Members of the Republican leadership taxed unfairly. lies, businesses and communities across the came in with a new budget, and the This is where the people are heard. country. new budget is that we are going to save This is an issue where the rubber meets Democrats have a sensible alternative that 90 percent of the unified surplus to pay the road. I clearly believe we are on the costs almost half as much as the Republican down the debt. Now, there are two side of the people here on repealing the bill, while still providing marriage penalty tax problems with this. One, we are back to marriage tax penalty. Our Tax Code is relief to a majority of Americans. The Adminis- the unified surplus. I thought we were too complicated. That debate is for an- tration has indicated that President Clinton putting Social Security in a lockbox. If other day, but we have to come back to would sign the Democratic alternative if it we are exposing the unified surplus to that. It is also unfair. This tax is un- came to his desk. Marriage penalty relief could some new goal setting, 90/10, it could fair. We need to eliminate it. This is be signed into law right now if the Republican mean that in some years we would where the rubber meets the road. leadership would support this alternative. enter the lockbox and start spending There was a comment about pro- Despite what Republicans claim, Democrats Social Security money. tecting Social Security. My side, for 2 do not oppose tax cuts, and we have not op- b years, has kept us out of Social Secu- posed marriage penalty relief. However, we do 1200 rity. That is a success. We deserve the emphasize the importance of both fairness I cannot imagine that we would want credit for that. There is no question and fiscal responsibility when providing tax re- to do that. that we pushed the envelope there and lief. Fairness that ensures family security and The second thing is, here we are on we stayed out of Social Security. We fiscal responsibility that protects our nation's the floor today spending an hour trying September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7517 to override a veto on a $300 billion tax that we would give some tax relief, and when we tax something we get less of cut. If you add up all the tax cuts that we would start paying down on the it. Why in the world would the Clinton the leadership has brought to the floor debt. administration retain a policy that and passed, you are well above 10 per- We were told by this side of the aisle forces married couples to pay a finan- cent of the surplus. So the action today and Washington pundits and Wash- cial penalty? How can they call a fam- is inconsistent with the theory that ington media that that is impossible, ily that is making $43,000 a year rich? was propounded just yesterday. We we cannot balance the budget and cut Their definition of middle class is any- want to do these bills. taxes and pay down on the debt. I am body that does not pay taxes. I say to my friends on the other side, very proud to stand before my col- Why do Democrats offer an alter- let us stop the posturing. Let us stop leagues and tell my colleagues that the native that says it is fine, we can take the putting out bills that are not going budget is balanced, and it has been for advantage of the marriage penalty tax anywhere. People in your districts and a couple of years, that we stopped the and repeal it, but if we have a home in mine want us to do something now, raid on Social Security that was going and pay a mortgage or we itemize de- this year, to end the marriage penalty. on for 40 years. ductions, we do not get the benefit of We can do the marriage penalty before They were taking the Social Security repealing the marriage penalty. these next 3 or 4 weeks are up, if we surplus and spending it on government The support in this House for ending will only target it at the people that programs. We did that last year. And the marriage penalty clearly shows actually have a marriage penalty. we will do it again this year. that the American people want and Mr. Speaker, I urge Members to vote We stopped the raid on Medicare sur- need relief from that tax. A country to sustain this veto. Let us sit down in plus. They were using that for big gov- founded on freedom should not main- a spirit of bipartisanship and let us get ernment programs. We have a big sur- tain a Tax Code that arbitrarily places the job done for the American people. plus, and for the last couple of years, an extra burden on husbands and wives. Mr. COLLINS. Mr. Speaker, I yield we have actually not talked about it, Mr. Speaker, I urge my colleagues such time as he may consume to the we actually paid down over $350 billion and the President to support this effort and to end the unfair tax on married gentleman from Texas (Mr. SAM JOHN- on the public debt. couples. SON). We started this year with a budget (Mr. SAM JOHNSON of Texas asked that said that now that we have this Mr. BLUMENAUER. Mr. Speaker, today's and was given permission to revise and surplus, we have got to keep it out of debate is supposedly about the marriage pen- extend his remarks.) the hands of the Washington spenders, alty, but like last week's debate on the estate Mr. SAM JOHNSON of Texas. Mr. and we need to return it to the Amer- tax, it is really about priorities and fiscal dis- Speaker, I want to assert that our fam- ican people, because they are the peo- cipline. It will never be possible to design a tax sys- ilies need some help in America, and ple that paid it and it is their money tem that is perfect. Often people of good will this is the way to give it to them. and they are overtaxed. That is the def- disagree about objectives and interpretations. inition of a surplus. For a third time President Clinton and Vice Most of the people I represent, however, and We said that we would take, and I re- President GORE have vetoed a bill to eliminate a majority of Americans want us to do the job mind the minority leader, at that time the marriage penalty tax because they say it right. They know we can do better. The Presi- we would take 85 percent of the surplus is risky. dent is correct in resisting a series of tax cuts and pay down on the debt, and take My question is: What is risky about helping that favor those who need help the least until other 15 percent and give some of that married couples keep more of their own there is at least equal attention to the plight of tax money back to the American peo- money. those who need our help the most. Marriage is a cherished institution in Amer- ple, and we do it in many ways. Repeal There are some serious marriage penalties ica and we should promote it, not discourage the death tax, well, the President ve- in the tax code and in other areas of federal it. toed that. law, but this bill would not fix them. Lower-in- Right now, married couples pay more in One of the most important reasons is come workers, who benefit from the Earned taxes than two single people living together. why we are here today is to give some Income Tax Credit, face a sharp reduction in That's just not right. Washington must stop pe- relief to married people, and there is a benefits when they marry. This bill does not nalizing the cornerstone of our societyÐthe surplus, there is a $70 billion surplus. begin to address that problem. Nor does it try American family. Not counting the Social Security sur- to distinguish between the slightly less than We should encourage marriageÐnot penal- plus, we have a surplus that does not half of America's couples who are affected by ize it. count the Social Security surplus or the marriage penalty and the other half, who In my district alone, this bill would end the the Medicare surplus, and we can take receive a marriage benefit. This bill lowers marriage penalty for over 150,000 Americans. 90 percent of that and pay down the taxes for many, while overlooking those who Mr. Clinton and Mr. GORE should stop play- debt. need our help the most. ing election year politics. This bill is just too The institution of marriage is the This bill does nothing to ease a difficulty important. foundation of our communities and our that fully 50 percent of families will face by A vote to override the President's veto is a government. Marriage is something 2010Ðthe risk that using the child care and vote for American families. that we ought to be honoring and we education credits will force them into the Alter- Mr. COLLINS. Mr. Speaker, I yield ought to be respecting. It is time to re- native Minimum Tax. This is a very real prob- such time as he may consume to the peal the destructive immoral tax cur- lem, especially for larger families who simply gentleman from Texas (Mr. DELAY), rently imposed on married couples, a will not get the tax relief they were promised. the Majority Whip. tax that this administration refuses to These problems can all be fixed, and the Mr. DELAY. Mr. Speaker, I thank the lift. cost would be lower than the unfocused pro- gentleman from Georgia (Mr. COLLINS) The President had the opportunity to posal the President rightly vetoed. We could for yielding the time to me. end this unfair tax earlier this sum- have tax relief for those who face the biggest Mr. Speaker, it is really fascinating mer, and with the stroke of a pen, he problems, while still reserving funds to provide at times how short people’s memories could have extended fairness to the health insurance to some of America's 11 mil- are or the lack of sense of history. millions of American families who are lion uninsured children; to offer prescription When the Republicans became the ma- burdened by this tax. Unfortunately, drug coverage to the one-third of older Ameri- jority in 1995, we had 40 years of the the President placed a higher value on cans who have no insurance for this expense; Democrats control of this body. For 40 retaining Washington spending than he and to pay down the national debt. years, they ran up the debt on this did on extending relief for struggling Mrs. MINK of Hawaii. Mr. Speaker, I will country. young families during the last vote on vote to override the President's veto of H.R. For 40 years, they had budgets as far this issue. 4810, the Marriage Tax Penalty Relief Act. as the eye could see that were going to A very strong bipartisan majority of Elimination of the marriage tax penalty has run deficits and increase the debt on the House embraced the simple com- long been my priority. Some argue it is overly our children and grandchildren. When mon sense of ending a tax that dis- generous because it widens the 15 percent we came in, we told the American peo- criminates against people starting tax bracket for all married couples. I see noth- ple that we would balance the budget, families. All of us understand that ing wrong with increasing the 15 percent H7518 CONGRESSIONAL RECORD — HOUSE September 13, 2000 bracket for married couples from the current Second, H.R. 4810 will help the Internal couples who are not affected by any marriage income level of $43,850 to a level of $52,500. Revenue Code become more marriage-neu- penalty at allÐand overall the bill is still fatally No one can claim that those couples are rich. tral. Currently, many married couples who file flawed. Because our tax structure is progressive, obvi- jointly pay more Federal income tax than they It seems clear that back in July the Repub- ously widening the income covered by the 15 would as two unmarried singles. The Internal lican leadership decided to insist on sending percent will impact on all the upper income Revenue Code should not be a consideration the President a bill he would veto, on a time- levels. The issue is whether the lowest tax when individuals discuss their future marital table based on their national nominating con- bracket group should be increased. status. vention. If that was their desire, they have I want the Republican and Democratic lead- Therefore, for these reasons, and many oth- achieved it. I greatly regret that the Repub- ership to get together and work out a marriage ers, this Member urges his colleagues to vote lican leaders decided to insist on confrontation tax bill that will be signed by the President. I to override the President's veto of H.R. 4810, with the President instead of seeking a work- voted for the Democratic proposal in July. The the Marriage Penalty Tax Elimination Rec- able compromise that would lead to a bill that differences between the two proposals are not onciliation Act. the President could sign into law. so wide that they cannot be bridged. My vote Mr. UDALL of Colorado. Mr. Speaker, when If the President's veto is upheldÐand I think is meant to send a message that repeal of the we considered this bill the first time, I voted for it will beÐI hope that Members on both sides marriage tax penalty is due. Eliminating one of itÐalthough I was very reluctant to do soÐin of the aisle will work to develop a bill that will the most unfair provisions of the tax code is the hope that the Senate would improve it suf- appropriately address the real problem of the long overdue. If increasing the lowest tax ficiently to make it acceptable. ``marriage penalty'' and that can be signed into bracket make it too expensive, then let's com- However, that did not happen. So, I could law this year. Certainly, I am ready to join in promise that, so it costs less. But let's pass not vote for the conference report on the bill their efforts. the repeal of the marriage penalty. and will not vote to override the President's Mr. BENTSEN. Mr. Speaker, I rise in oppo- Mr. BEREUTER. Mr. Speaker, this Member veto. sition to the veto override of H.R. 4810. With rises today to express his support to override I support ending the ``marriage penalty,'' but just under fourteen legislative days remaining, the President's veto of H.R. 4810, the Mar- my initial support for the Republican leader- we are poised to vote on a measure that will riage Penalty Tax Elimination Reconciliation ship's bill was reluctant because I though that only provide tax relief to a small segment of Act. This bill will have a positive effect, in par- bill was not the right way to achieve that goal. Americans, at a cost of $292.5 billion over 10 ticular, on middle and lower income married That was why I voted for the Democratic alter- years and at the expense of providing uni- couples. native, a measure that would not have been versal Medicare prescription drug benefits, At the outset, this Member would like to vetoed. strengthening Social Security and Medicare, thank the distinguished Chairman of the In some areas the Republican leadership's and paying off the National debt during the House Ways and Means Committee from bill did too little, and in others it did too much. 1980's and early 1990's. Mr. Speaker, this Texas (Mr. ARCHER), for introducing this legis- It did too little by not adjusting the Alternative massive tax cut, like the Estate and Gift tax lation. Minimum Tax. That means it would have left bill before it, puts our seniors and our fiscal It is important to note that H.R. 4810 passed many middle-income families unprotected from security at risk. the House on July 20, 2000, by a vote of 271 having most of the promised benefits of the H.R. 4810 is overly broad and benefits not to 156, with this Member's support. The Sen- bill taken away. The Democratic substitute only those subject to a penalty but also would ate also passed the same reconciliation meas- would have adjusted the Alternative Minimum confer tens of billions of dollars of ``marriage ure. In turn, the President vetoed H.R. 4810 Tax. It did too much because it was not care- penalty tax relief'' on millions of married fami- on August 5, 2000. fully targeted. It did not just apply to people lies that already receive marriage bonuses. While there are many reasons to support who pay a penalty because they are married. Approximately half of the tax reductions from overriding the President's veto of H.R. 4810, Instead, a large part of the total benefits under the bill's ``marriage penalty relief provisions'' this Member will enumerate two specific rea- the bill would have gone to married people would go to families that currently receive sons. First, H.R. 4810 takes a significant step whose taxes already are lower than they marriage bonuses. According to a recent toward eliminating the current marriage pen- would be if they were single. In other words, Treasury Department study, roughly 48 per- alty in the Internal Revenue Code. Second, a primary result would not be to lessen mar- cent of couples pay a marriage penalty and 42 H.R. 4810 follows the principle that the Fed- riage ``penalties'' but to increase marriage ``bo- percent get a marriage bonus under current eral income tax code should be marriage-neu- nuses.'' tax law. Therefore, this bill, which will cost tral. And, by going beyond what's needed to end $292.5 billion over 10 years will provide a First, this legislation, H.R. 4180, will help marriage ``penalties'' the Republican leader- mere $149 in tax relief to the average family eliminate the marriage penalty in the Internal ship's bill as originally passed by the House with income of less than $50,000. Further, Revenue Code In the following significant would have gone too far in reducing the sur- once fully phased in, nearly 70 percent of the ways: plus funds that will be needed to bolster Social benefit will be enjoyed by couples earning STANDARD DEDUCTION Security and Medicare. more than $70,000 annually, even if they suf- It will increase the standard deduction for Those were the reasons for my reluctance fered no marriage penalty under existing law. married couples who file jointly to double the to vote for this bill. They were strong reasons. As I have said before, the most troubling as- standard deduction for singles beginning in In fact, as I did then, if voting for the bill would pect of H.R. 4810 might well be the plan's in- 2001. For example, in 2000, the standard de- have meant that it immediately would have be- crease in the 15 percent bracket for married duction equals $4,400 for single taxpayers but come law, I would have voted against it. But couples to twice the single level, phased in $7,350 for married couples who file jointly. If I reluctantly voted for it because at that point over six years. This one provision, which ac- this legislation was effective in 2000, the the Senate still had a chance to improve it. counts for nearly 60 percent of the measure's standard deduction for married couples who I was prepared to give the Republican lead- cost, would provide no relief to the 61 percent file jointly would be $8,800 which would be ership one last chance to correct the bill's defi- of all married couples are already in the 15 double the standard deduction for single tax- ciencies rather than simply to insist on send- percent bracket. Moreover, once H.R. 4810 is payers. ing it to the President for the promised veto. implemented, nearly half of American families THE 15-PERCENT TAX BRACKET I hope that the Republican leadership would with two or more children can expect to re- It will increase the amount of married cou- allow the bill to be improved to the point that ceive little, if any, tax relief because an in- ples' income (who file jointly) subject to the it would merit becoming lawÐmeaning that it creasing number of these families would be lowest 15 percent marginal tax rate to twice would deserve the President's signature. subject to new tax liability, under the Alter- that of single taxpayers beginning in 2003, Unfortunately, they did not take advantage native Minimum Tax (AMT). As we all know, phased in over six years. Under the current of that opportunity. Instead, they insisted on the AMT tax was designed to ensure that tax law, the 15 percent bracket covers tax- sending to the President a bill falling short of wealthy taxpayers could not avoid income payers with income up to $26,250 for singles being appropriate for signature into law. I can- taxes through excessive use of preferences and $43,850 for married couples who file joint- not support that approach. such as credits and deductions. Mr. Speaker, ly. If this legislation was effective in 2000, The bill as sent to the PresidentÐthe bill surely the Republican Leadership does not married couples would pay the 15 percent tax that is not before us againÐis not identical to see middle-class families with children as tax rate on their first $52,500 of taxable income, the original Republican bill as initially passed evaders. which would be double the aforementioned by the House. But it is still very poorly tar- Mr. Speaker, I urge my colleagues to aban- current income amount for singles. geted. Half of this bill's tax relief would go to don H.R. 4810 and join me in supporting the September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7519 Rangel alternative. Offered during original con- ried would have the choice to file as individ- couples that pay no marriage penalty at all, in sideration of this bill, the Rangel alternative uals, eliminating the marriage penalty. My bill fact they receive a marriage bonus. That is would cost $89.1 billion over ten years and is simpler, provides more marriage penalty re- why I supported the substitute originally of- provides for real relief by increasing the stand- lief, and is more fiscally responsible than the fered by Representative RANGEL, which was ard deduction for married couples filing jointly vetoed bill. fairer and more fiscally responsible. In fact, to twice the level for single filers as well as an The one-half of all married couples in this two-thirds of America's couples would get the exemption from the AMT. The Rangel sub- country who pay the marriage penalty deserve same tax cut under the alternative bill, as they stitute adjusts the AMT in an attempt to en- our best efforts to reach a compromise. They would under H.R. 4810. It would have elimi- sure that the benefits of the standard deduc- gain nothing from political posturing and over- nated the marriage tax penalty by increasing tion change would not be nullified. Further, it ride motions that will inevitably fail. These cou- the basic standard deduction for a married grants couples a $2,000 increase in the begin- ples deserve to have a bill enacted this year. couple filing a joint income tax return to twice ning and ending income phaseout levels for We can deliver that tax relief, and I hope the the basic standard deduction for an unmarried families claiming the Earned Income Tax legislation I introduce today can serve as a individual, but it would not have further exac- Credit (EITC) in 2001 and a permanent $2,500 starting point for how we can address the mar- erbated the current inequities in the Tax Code increase starting in 2002. riage penalty and protect other key national by providing a large tax act windfall to couples Unfortunately, with the House's rejection of priorities. receiving a marriage bonus, that is, paying the Rangel alternative, no legislation providing I urge my colleagues to oppose the motion. less in taxes because they are married than relief from the marriage penalty will be en- Mr. SMITH of Texas. Mr. Speaker, I rise they would if they were single. acted this year. Moreover, the Republican today to urge my colleagues to vote to over- Although the President vetoed H.R. 4810 in Leadership, by scheduling this vote today, are ride the President's marriage penalty veto. August, leadership has insisted upon using the telling us that they would rather have a polit- Last February, this House passed the Mar- short period of time that remains in the 106th ical issue than working with Congressional riage Tax Penalty Relief Act of 1999, with 51 Congress to vote on this bill again, knowing Democrats to craft a bill that the President Democrats crossing over to vote with the Re- that it will not be enacted into law as currently could sign to give an immediate targeted tax publican majority. drafted. If leadership was serious about pro- cut to middle-class American families. Mr. In August, President Clinton vetoed the bill. viding relief to married couples who incur a Speaker, let's not squander this opportunity to Today, the House has the opportunity to vote penalty, they would have worked for a truly bi- work together and act fast to bring about a tar- to override the President's veto. partisan bill that all Members of Congress geted tax cut that relieves those who actually According to the Congressional Budget Of- could have supported and the President would suffer a marriage penalty while maintaining fice, 25 million couples every year pay an av- have signed into law. From the beginning our commitment to paying off the debt, pro- erage of $1,400 in higher taxes simply be- leadership proved they were not serious about viding a Medicare prescription drug benefit for cause they are married. That's enough for tax relief when they broke their own budget seniors, and strengthening Social Security and their children's collect expenses or a down rules by first bringing up their bill in February, Medicare. payment on a family car. long before they passed a budget resolution. Mr. POMEROY. Mr. Speaker, I rise in oppo- Here's how the discrimination works: A sin- Their timing was purely for show, they wanted sition to the motion to override the President's gle taxpayer earning $30,000 annually pays to provide tax cuts for married couples on Val- veto of H.R. 4810, a bill that purportedly ad- $3,000 in federal taxes. But if two taxpayers entine's day. Further, they never bothered to dresses the marriage penalty but in fact earning $30,000 each marry, they owe $8,400 schedule bipartisan meetings to discuss their misses the mark. in federal taxesÐ40 percent more than the bill, they never held a House-Senate Con- I strongly support marriage penalty relief. In $6,000 they paid when they were single. ference meeting, and leadership drafted the my view, the tax code should not penalize There is no justification for making families final bill behind closed doors. couples because they choose to get married. pay higher tax rates than single Americans. In That is why I have repeatedly voted for tax my own district of Texas, about 66,000 mar- Our current strong economy has begun pro- cuts to alleviate the marriage penalty for hard ried couples would benefit from the bill. ducing surplus federal revenues, and, as you working families. Raising a family is difficult enough. The fed- might imagine, there is no shortage of ideas Unfortunately, the bill vetoed by the Presi- eral government should not add to that burden for ``using'' the surplus. I am in favor of pro- dent was inflated to nearly $300 billion with with unfair taxes. That's why I support the viding relief for those couples who are penal- about half the total tax benefit going to high in- House's override of the President's marriage ized by the marriage tax and I hope we can come earners who do not even pay the pen- penalty veto. still reach a compromise on tax relief. Unfortu- alty. As a consequence, the vetoed bill would Mr. KIND. Mr. Speaker, I rise today in oppo- nately, this tax relief would have made it more crowd out our ability to enact other tax cuts for sition to H.R. 4810, the Marriage Tax Penalty difficult to meet our nation's existing obliga- working families, to pay down the national Relief Act. tions; such as paying off our $5.7 trillion debt, debt, and to strengthen Social Security and Last year, leadership tried to enact a $792 protecting Social Security, modernizing Medi- Medicare. We can eliminate the marriage pen- billion tax cut bill that would have seriously en- care by offering a prescription drug benefit, alty without jeopardizing these other important dangered efforts to strengthen Social Security and investing in our children's education. Sur- priorities. and Medicare, pay down the $5.7 trillion debt plus funds allow us to pay down the principal This override vote need not and should not and invest in important priorities such as edu- on this burdensome debt, thus reducing the be the last word on marriage penalty relief this cation and a prescription drug benefit for all annual interest payments which amount to ap- Congress. Members of both parties have of- seniors. The American people soundly re- proximately $250 billion annually. In fact, Fed- fered proposals to address the marriage pen- jected this fiscally irresponsible plan. eral Reserve Chairman Alan Greenspan stat- alty and there are clearly grounds for com- This year nothing has changed except ed, that ``ongoing progress to pay off the na- promise. The Republican presidential can- House leadership has broken apart their big tional debt is an extraordinarily effective force didate, for example, has offered a targeted tax bill into smaller pieces. So far, the leader- in this economy,'' and that our first priority marriage penalty proposal that would restore ship tax agenda adds up to more than $748 should be to continue to rack up annual sur- the 10 percent deduction for two-earner fami- billion over 10 years. This amount is nearly pluses. liesÐa far different approach from the vetoed the same as the large irresponsible tax bill re- Mr. Speaker, we can have tax cuts this bill. The distinguished ranking member of the jected last year. The Marriage Tax Penalty year, but they should be the right ones, tar- Senate Finance Committee, Senator MOY- Relief bill passed by the House and the Sen- geted at those who are currently penalized by NIHAN, sponsored legislation that provides ate and vetoed by the President is, once the marriage tax. I urge all my colleagues to more relief from the marriage penalty than any again, just another vehicle for leadership to oppose the Marriage Penalty Tax Relief bill other proposal offered this year by allowing push through their tax cuts, at the cost of and sustain the President's veto of the Mar- couples to choose whether to file jointly or as $280 billion over ten years if its provisions re- riage Penalty Tax Relief Act. Then let's get individuals. main permanent, while providing nothing for back together to pass a reasonable com- In the spirit of compromise, today I am intro- hard working families. promise that recognizes our obligations to pay ducing the House companion to the Moynihan While I support tax relief for those couples off the national debt, strengthen Social Secu- amendment. Under my bill, couples who cur- who are penalized, I do not, however, support rity, modernize Medicare and invest in our rently pay more in taxes because they're mar- H.R. 4810. Most of the tax cut would go to children. H7520 CONGRESSIONAL RECORD — HOUSE September 13, 2000 VACATING THE ORDERING OF The vote was taken by electronic de- NAYS—158 YEAS AND NAYS ON HOUSE RES- vice, and there were—yeas 270, nays Abercrombie Hall (OH) Neal OLUTION 572, SENSE OF HOUSE 158, not voting 6, as follows: Ackerman Hastings (FL) Oberstar REGARDING UNITED STATES- Allen Hill (IN) Obey [Roll No. 466] Andrews Hilliard Olver INDIA RELATIONS Baca Hinchey Ortiz YEAS—270 Baldacci Hinojosa Pallone Mr. COLLINS. Mr. Speaker, I ask Baldwin Hoeffel Pastor unanimous consent to vacate the or- Aderholt Goode Pascrell Barrett (WI) Hoyer Payne dering of the yeas and nays on the mo- Archer Goodlatte Paul Becerra Jackson (IL) Pelosi tion to suspend the rules and adopt H. Armey Goodling Pease Bentsen Jackson-Lee Peterson (MN) Bachus Gordon Peterson (PA) Berman (TX) Pomeroy Res. 572. Baird Goss Petri Berry Jefferson Price (NC) The SPEAKER pro tempore (Mr. Baker Graham Phelps Blagojevich Johnson, E. B. Rahall Pickering OSE). Without objection, the order for Ballenger Granger Blumenauer Jones (OH) Rangel Barcia Green (WI) Pickett Bonior Kanjorski Reyes the yeas and nays on the cited motion Barr Greenwood Pitts Borski Kaptur Rivers is vacated and, pursuant to the earlier Barrett (NE) Gutknecht Pombo Boyd Kennedy Rodriguez vote by voice, the rules are suspended, Bartlett Hall (TX) Porter Brady (PA) Kildee Rothman the resolution is agreed to, and with- Barton Hansen Portman Brown (FL) Kilpatrick Roybal-Allard Bass Hastert Pryce (OH) Brown (OH) Kind (WI) Rush out objection, a motion to reconsider is Bereuter Hastings (WA) Quinn Capuano Kleczka Sabo laid on the table. Berkley Hayes Radanovich Cardin Klink Sanchez There was no objection. Biggert Hayworth Ramstad Carson Kucinich Sanders Bilbray Hefley Regula Clay LaFalce Sawyer PARLIAMENTARY INQUIRY Bilirakis Herger Reynolds Clayton Lampson Schakowsky Mr. TAYLOR of Mississippi. Mr. Bishop Hill (MT) Riley Clyburn Lantos Scott Speaker, a preliminary inquiry. Mr. Bliley Hilleary Roemer Conyers Larson Serrano Blunt Hobson Rogan Coyne Lee Sherman Speaker, my parliamentary inquiry is Boehlert Hoekstra Rogers Crowley Levin Slaughter how would I have this document from Boehner Holden Rohrabacher Cummings Lewis (GA) Snyder Ros-Lehtinen the Bureau of Public Debt published on Bonilla Holt Davis (FL) Lofgren Stark Roukema Bono Hooley Davis (IL) Lowey Stenholm June 30, 2000, how would I have this Royce Boswell Horn DeFazio Luther Strickland Ryan (WI) document that shows the public debt Boucher Hostettler DeGette Maloney (NY) Tanner Ryun (KS) increasing by $40 billion inserted at the Brady (TX) Houghton Delahunt Markey Taylor (MS) Salmon Bryant Hulshof DeLauro Matsui Thompson (CA) RECORD at this appropriate time? Sandlin Burr Hunter Dicks McCarthy (MO) Thompson (MS) Mr. COLLINS. Mr. Speaker, regular Sanford Burton Hutchinson Dingell McDermott Thurman Saxton order. Buyer Hyde Dixon McGovern Tierney Scarborough Mr. SAM JOHNSON of Texas. Mr. Callahan Inslee Doggett McNulty Towns Schaffer Calvert Isakson Dooley Meehan Turner Speaker, regular order. Sensenbrenner Edwards Meek (FL) Udall (CO) The SPEAKER pro tempore. The gen- Camp Istook Sessions Campbell Jenkins Evans Meeks (NY) Udall (NM) tleman from Mississippi (Mr. TAYLOR) Shadegg Farr Menendez Velazquez Canady John Shaw could ask for unanimous consent to Cannon Johnson (CT) Fattah Millender- Visclosky Shays Filner McDonald Waters submit the document for the RECORD. Capps Johnson, Sam Sherwood Castle Jones (NC) Ford Miller, George Watt (NC) Shimkus Frank (MA) Minge Waxman Mr. TAYLOR of Mississippi. Mr. Chabot Kasich Shows Frost Moakley Weiner Speaker, I ask unanimous consent for a Chambliss Kelly Shuster Gejdenson Mollohan Wexler Chenoweth-Hage King (NY) publication of the Treasury Depart- Simpson Gephardt Moran (VA) Woolsey Clement Kingston ment to be inserted in the RECORD. Sisisky Gonzalez Murtha Wynn Coble Knollenberg Skeen Green (TX) Nadler The SPEAKER pro tempore. Is there Coburn Kolbe Skelton Gutierrez Napolitano objection to the request of the gen- Collins Kuykendall Smith (MI) tleman from Mississippi? Combest LaHood Smith (NJ) NOT VOTING—6 Condit Largent Mr. COLLINS. Mr. Speaker, will the Smith (TX) Engel Gilchrest Vento Cook Latham gentleman repeat the unanimous con- Smith (WA) Eshoo Owens Weygand Cooksey LaTourette Souder sent request? Costello Lazio Spence b 1231 Cox Leach The SPEAKER pro tempore. The gen- Spratt Mrs. JONES of Ohio, Mr. MENEN- tleman’s unanimous consent needs to Cramer Lewis (CA) Stabenow Crane Lewis (KY) Stearns DEZ and Mr. HINCHEY changed their be repeated. Cubin Linder Stump vote from ‘‘yea’’ to ‘‘nay.’’ Mr. TAYLOR of Mississippi. Mr. Cunningham Lipinski Stupak Mrs. EMERSON changed her vote Danner LoBiondo Speaker, I ask unanimous consent that Sununu from ‘‘nay’’ to ‘‘yea.’’ the Treasury report of June 30, 2000 Davis (VA) Lucas (KY) Sweeney Deal Lucas (OK) Talent So, two-thirds not having voted in that shows that the public debt has in- DeLay Maloney (CT) Tancredo favor thereof, the veto of the President creased by $40 billion in the past 12 DeMint Manzullo Tauscher was sustained and the bill was rejected. months be inserted at the RECORD at Deutsch Martinez Tauzin The result of the vote was announced Diaz-Balart Mascara Taylor (NC) this point. Dickey McCarthy (NY) Terry as above recorded. The SPEAKER pro tempore. Is there Doolittle McCollum Thomas The SPEAKER pro tempore (Mr. objection to the request of the gen- Doyle McCrery Thornberry LAHOOD). The message is referred to tleman from Mississippi? Dreier McHugh Thune the Committee on Ways and Means. Duncan McInnis Tiahrt Mr. COLLINS. Mr. Speaker, reserving Dunn McIntosh Toomey The Clerk will notify the Senate of the right to object, the documents that Ehlers McIntyre Traficant the action of the House. the gentleman referred to are already Ehrlich McKeon Upton f public records, so, therefore, I object. Emerson McKinney Vitter English Metcalf Walden b 1234 The SPEAKER pro tempore. The gen- Etheridge Mica Walsh tleman from Georgia objects. Everett Miller (FL) Wamp ANNOUNCEMENT BY THE SPEAKER Without objection, the previous ques- Ewing Miller, Gary Watkins PRO TEMPORE Fletcher Mink Watts (OK) tion is ordered. Foley Moore Weldon (FL) The SPEAKER pro tempore (Mr. There was no objection. Forbes Moran (KS) Weldon (PA) LAHOOD). Pursuant to clause 8 of rule The SPEAKER pro tempore. The Fossella Morella Weller XX, the Chair will now put the ques- Whitfield question is, Will the House, on recon- Fowler Myrick tion on each motion to suspend the Franks (NJ) Nethercutt Wicker sideration, pass the bill, the objections Frelinghuysen Ney Wilson rules on which further proceedings of the President to the contrary not- Gallegly Northup Wise were postponed on Tuesday, September withstanding? Ganske Norwood Wolf Wu 12, 2000 in the order in which that mo- Under the Constitution, this vote Gekas Nussle Gibbons Ose Young (AK) tion was entertained. must be determined by the yeas and Gillmor Oxley Young (FL) Votes will be taken in the following nays. Gilman Packard order: September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7521 H.R. 4986, de novo; Latham Pease Smith (MI) b 1253 LaTourette Pelosi Smith (NJ) H.R. 4892, by the yeas and nays; Leach Peterson (PA) Smith (TX) Messrs. CUMMINGS, BLAGOJEVICH, and H. Con. Res. 327, by the yeas and Levin Petri Smith (WA) and CONYERS, Mrs. MEEK of Florida, nays. Lewis (CA) Pickering Snyder Mr. BURTON of Indiana, Ms. JACK- The Chair will reduce to 5 minutes Lewis (KY) Pickett Souder Linder Pitts Spence SON-LEE of Texas, and Messrs. the time for any electronic vote after Lofgren Pombo Spratt SERRANO, PASCRELL, GILMAN, the first such vote in this series. Lowey Pomeroy Stabenow WAXMAN, and BARCIA changed their Lucas (KY) Porter Stearns f Lucas (OK) Portman Stenholm vote from ‘‘aye’’ to ‘‘no’’. Manzullo Price (NC) Stump Mrs. JONES of Ohio and Mr. FSC REPEAL AND EXTRA-TERRI- Martinez Pryce (OH) Stupak ENGLISH changed their vote from Mascara Quinn Sununu TORIAL INCOME EXCLUSION ACT Matsui Radanovich Sweeney ‘‘no’’ to ‘‘aye.’’ OF 2000 McCarthy (NY) Ramstad Talent So (two-thirds having voted in favor McCollum Rangel Tancredo The SPEAKER pro tempore. The un- thereof) the rules were suspended and McCrery Regula Tanner the bill, as amended, was passed. finished business is the question of sus- McDermott Reyes Tauscher pending the rules and passing the bill, McHugh Reynolds Tauzin The result of the vote was announced McInnis Riley Taylor (NC) as above recorded. H.R. 4986, as amended. McIntosh Rodriguez Terry The Clerk read the title of the bill. A motion to reconsider was laid on McIntyre Rogan Thomas the table. The SPEAKER pro tempore. The McKeon Rogers Thompson (CA) question is on the motion offered by McNulty Rohrabacher Thompson (MS) f Meeks (NY) Ros-Lehtinen Thornberry the gentleman from Texas (Mr. AR- Metcalf Roukema Thune ANNOUNCEMENT BY THE SPEAKER CHER) that the House suspend the rules Mica Royce Tiahrt PRO TEMPORE and pass the bill, H.R. 4986, as amend- Millender- Ryan (WI) Toomey McDonald Ryun (KS) Towns The SPEAKER pro tempore (Mr. ed. Miller (FL) Sabo Turner The question was taken. Miller, Gary Salmon Upton LAHOOD). Pursuant to clause 8 of rule RECORDED VOTE Minge Sanchez Vitter XX, the Chair will reduce to 5 minutes Mollohan Sandlin Walden Mr. STARK. Mr. Speaker, I demand a the minimum time for electronic vot- Moore Sanford Walsh ing on each additional motion to sus- recorded vote. Moran (KS) Sawyer Wamp A recorded vote was ordered. Moran (VA) Scarborough Watkins pend the rules on which the Chair has Morella Schaffer Watts (OK) postponed further consideration. The vote was taken by electronic de- Murtha Scott Weiner vice, and there were—ayes 315, noes 109, Myrick Sensenbrenner Weldon (FL) f Napolitano Sessions Weldon (PA) answered ‘‘present’’ 1, not voting 8, as SCOUTING FOR ALL ACT follows: Neal Shadegg Weller Nethercutt Shaw Whitfield The SPEAKER pro tempore. The un- [Roll No. 467] Ney Shays Wicker finished business is the question of sus- AYES—315 Northup Sherman Wilson Norwood Sherwood Wolf pending the rules and passing the bill, Ackerman Combest Granger Nussle Shimkus Wu H.R. 4892. Aderholt Condit Green (WI) Ortiz Shuster Wynn Archer Cooksey Greenwood Ose Simpson Young (AK) The Clerk read the title of the bill. Armey Cox Gutknecht Oxley Sisisky Young (FL) The SPEAKER pro tempore. The Baca Coyne Hall (OH) Packard Skeen question is on the motion offered by Bachus Cramer Hall (TX) Pastor Skelton Baird Crane Hastings (WA) the gentleman from Arkansas (Mr. Baker Crowley Hayes NOES—109 HUTCHINSON) that the House suspend Ballenger Cubin Hayworth Abercrombie Frank (MA) Nadler the rules and pass the bill, H.R. 4892, on Barr Cunningham Hefley Allen Ganske Oberstar Barrett (NE) Danner Herger which the yeas and nays are ordered. Andrews Gilman Obey Bartlett Davis (FL) Hill (IN) This is a 5-minute vote. Baldacci Green (TX) Olver Barton Davis (VA) Hill (MT) Baldwin Gutierrez Pallone The vote was taken by electronic de- Bass Deal Hilleary Barcia Hansen Pascrell vice, and there were—yeas 12, nays 362, Becerra DeLauro Hilliard Barrett (WI) Hastings (FL) Payne Bentsen DeLay Hinojosa answered ‘‘present’’ 51, not voting 8, as Berry Hinchey Peterson (MN) Bereuter DeMint Hobson follows: Bilbray Holt Phelps Berkley Diaz-Balart Hoeffel Blagojevich Hooley Rahall [Roll No. 468] Berman Dickey Hoekstra Bonior Hostettler Rivers Biggert Dicks Holden YEAS—12 Brown (FL) Hunter Roemer Bilirakis Dingell Horn Brown (OH) Jackson (IL) Rothman Ackerman Hastings (FL) Roybal-Allard Bishop Dixon Houghton Burton Jackson-Lee Roybal-Allard Davis (IL) Kennedy Stark Bliley Dooley Hoyer Cannon (TX) Rush Deutsch Lee Wexler Blumenauer Doolittle Hulshof Capuano Kaptur Sanders Greenwood McKinney Woolsey Blunt Doyle Hutchinson Castle Kildee Saxton Boehlert Dreier Hyde NAYS—362 Chabot Klink Schakowsky Boehner Dunn Inslee Chenoweth-Hage Kucinich Serrano Abercrombie Blagojevich Capps Bonilla Ehrlich Isakson Conyers Lantos Shows Aderholt Bliley Cardin Bono English Istook Cook Lee Slaughter Allen Blumenauer Castle Borski Etheridge Jefferson Costello Lewis (GA) Stark Andrews Blunt Chabot Boswell Everett Jenkins Cummings Lipinski Strickland Archer Boehlert Chambliss Boucher Ewing John Davis (IL) LoBiondo Taylor (MS) Armey Boehner Chenoweth-Hage Boyd Fattah Johnson (CT) DeFazio Luther Thurman Baca Bonilla Clayton Brady (PA) Fletcher Johnson, E. B. DeGette Maloney (CT) Tierney Bachus Bonior Clement Brady (TX) Foley Johnson, Sam Delahunt Maloney (NY) Traficant Baird Bono Clyburn Bryant Forbes Jones (NC) Deutsch Markey Udall (CO) Baker Borski Coble Burr Fossella Jones (OH) Doggett McCarthy (MO) Udall (NM) Baldacci Boswell Coburn Buyer Fowler Kanjorski Duncan McGovern Velazquez Ballenger Boucher Collins Callahan Franks (NJ) Kasich Edwards McKinney Visclosky Barcia Boyd Combest Calvert Frelinghuysen Kelly Ehlers Meehan Waters Barr Brady (PA) Condit Camp Frost Kennedy Emerson Meek (FL) Watt (NC) Barrett (NE) Brady (TX) Cook Campbell Gallegly Kilpatrick Evans Menendez Waxman Bartlett Brown (FL) Cooksey Canady Gejdenson Kind (WI) Farr Miller, George Wexler Barton Brown (OH) Costello Capps Gekas King (NY) Filner Mink Woolsey Bass Bryant Cox Cardin Gephardt Kingston Ford Moakley Bentsen Burr Coyne Carson Gibbons Kleczka Bereuter Burton Cramer Chambliss Gillmor Knollenberg ANSWERED ‘‘PRESENT’’—1 Berkley Buyer Crane Clay Gonzalez Kolbe Berman Callahan Crowley Clayton Paul Goode Kuykendall Berry Calvert Cubin Clement Goodlatte LaFalce Biggert Camp Cummings Clyburn NOT VOTING—8 Goodling LaHood Bilbray Campbell Cunningham Coble Engel Lazio Weygand Gordon Lampson Bilirakis Canady Danner Coburn Eshoo Owens Wise Goss Largent Bishop Cannon Davis (FL) Collins Graham Larson Gilchrest Vento H7522 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Davis (VA) Kasich Regula Dixon McDermott Rush Coble Hoekstra Moran (KS) Deal Kelly Reyes Farr McGovern Sabo Collins Holden Moran (VA) DeFazio Kildee Reynolds Frank (MA) Meehan Sanchez Combest Holt Morella DeLauro Kilpatrick Riley Gutierrez Meeks (NY) Schakowsky Condit Hooley Murtha DeLay Kind (WI) Rodriguez Hilliard Miller, George Serrano Conyers Horn Myrick DeMint King (NY) Roemer Jackson (IL) Moakley Sherman Cook Hostettler Nadler Diaz-Balart Kingston Rogan Jackson-Lee Moran (VA) Thompson (CA) Cooksey Houghton Napolitano Dickey Kleczka Rogers (TX) Morella Tierney Costello Hoyer Nethercutt Dicks Klink Rohrabacher Johnson, E. B. Nadler Velazquez Cox Hulshof Ney Dingell Knollenberg Ros-Lehtinen Lantos Neal Waters Coyne Hunter Northup Doggett Kolbe Rothman Lofgren Olver Waxman Cramer Hyde Norwood Dooley Kucinich Roukema Lowey Pastor Weiner Crane Inslee Nussle Doolittle Kuykendall Royce Maloney (NY) Pelosi Wu Crowley Isakson Oberstar Doyle LaFalce Ryan (WI) Markey Rangel Cubin Istook Obey Dreier LaHood Ryun (KS) Matsui Rivers Cummings Jackson (IL) Olver Duncan Lampson Salmon Cunningham Jackson-Lee Ortiz Dunn Largent Sanders NOT VOTING—8 Danner (TX) Ose Edwards Larson Sandlin Engel Hall (OH) Vento Davis (FL) Jefferson Oxley Ehlers Latham Sanford Eshoo Lazio Weygand Davis (IL) Jenkins Packard Ehrlich LaTourette Sawyer Gilchrest Owens Davis (VA) John Pallone Emerson Leach Saxton Deal Johnson (CT) Pascrell English Levin Scarborough b 1305 DeFazio Johnson, E. B. Pastor Etheridge Lewis (CA) Schaffer DeGette Johnson, Sam Paul Evans Lewis (GA) Scott Mr. SERRANO changed his vote from Delahunt Jones (NC) Payne Everett Lewis (KY) Sensenbrenner ‘‘yea’’ to ‘‘present’’. DeLauro Jones (OH) Pease Ewing Linder Sessions Mr. DEUTSCH changed his vote from DeLay Kanjorski Pelosi Fattah Lipinski Shadegg DeMint Kaptur Peterson (MN) Filner LoBiondo Shaw ‘‘nay’’ to ‘‘yea’’. Deutsch Kasich Peterson (PA) Fletcher Lucas (KY) Shays Messrs. WEXLER, ACKERMAN, Diaz-Balart Kelly Petri Foley Lucas (OK) Sherwood HASTINGS of Florida and DAVIS of Il- Dickey Kennedy Phelps Forbes Luther Shimkus Dicks Kildee Pickering Ford Maloney (CT) Shows linois changed their vote from Dingell Kilpatrick Pickett Fossella Manzullo Shuster ‘‘present’’ to ‘‘yea’’. Dixon Kind (WI) Pitts Fowler Martinez Simpson So (two-thirds not having voted in Doggett King (NY) Pombo Franks (NJ) Mascara Sisisky favor thereof) the motion was rejected. Dooley Kingston Pomeroy Frelinghuysen McCarthy (MO) Skeen Doyle Kleczka Porter Frost McCarthy (NY) Skelton The result of the vote was announced Dreier Klink Portman Gallegly McCollum Slaughter as above recorded. Duncan Knollenberg Price (NC) Ganske McCrery Smith (MI) Stated against: Dunn Kolbe Pryce (OH) Gejdenson McHugh Smith (NJ) Edwards Kucinich Quinn Gekas McInnis Smith (TX) Mr. GREENWOOD. Mr. Speaker, on rollcall Ehlers Kuykendall Radanovich Gephardt McIntosh Smith (WA) No. 468 I inadvertently pressed the ``yea'' but- Ehrlich LaFalce Rahall Gibbons McIntyre Snyder ton. I meant to vote ``nay.'' Emerson LaHood Ramstad Gillmor McKeon Souder English Lampson Rangel Gilman McNulty Spence f Etheridge Lantos Regula Gonzalez Meek (FL) Spratt Evans Largent Reyes Goode Menendez Stabenow HONORING THE SERVICE AND SAC- Everett Larson Reynolds Goodlatte Metcalf Stearns RIFICE OF THE UNITED STATES Ewing Latham Riley Goodling Mica Stenholm Farr LaTourette Rivers Gordon Millender- Strickland MERCHANT MARINE Fattah Leach Rodriguez Goss McDonald Stump The SPEAKER pro tempore (Mr. Filner Lee Roemer Graham Miller (FL) Stupak Fletcher Levin Rogan Granger Miller, Gary Sununu LAHOOD). The unfinished business is Foley Lewis (CA) Rogers Green (TX) Minge Sweeney the question of suspending the rules Forbes Lewis (GA) Rohrabacher Green (WI) Mink Talent and agreeing to the concurrent resolu- Ford Lewis (KY) Ros-Lehtinen Gutknecht Mollohan Tancredo Fossella Linder Rothman Hall (TX) Moore Tanner tion, H. Con. Res. 327. Fowler Lipinski Roukema Hansen Moran (KS) Tauscher The Clerk read the title of the con- Frank (MA) LoBiondo Roybal-Allard Hastings (WA) Murtha Tauzin current resolution. Franks (NJ) Lofgren Royce Hayes Myrick Taylor (MS) The SPEAKER pro tempore. The Frelinghuysen Lowey Ryan (WI) Hayworth Napolitano Taylor (NC) Frost Lucas (KY) Ryun (KS) Hefley Nethercutt Terry question is on the motion offered by Gallegly Lucas (OK) Sabo Herger Ney Thomas the gentleman from California (Mr. Ganske Luther Salmon Hill (IN) Northup Thompson (MS) KUYKENDALL) that the House suspend Gejdenson Maloney (CT) Sanchez Hill (MT) Norwood Thornberry Gekas Maloney (NY) Sanders Hilleary Nussle Thune the rules and agree to the concurrent Gephardt Manzullo Sandlin Hinchey Oberstar Thurman resolution, H. Con. Res. 327, on which Gibbons Markey Sanford Hinojosa Obey Tiahrt the yeas and nays are ordered. Gillmor Martinez Sawyer Hobson Ortiz Toomey This is a 5-minute vote. Gilman Mascara Saxton Hoeffel Ose Towns Gonzalez Matsui Scarborough Hoekstra Oxley Traficant The vote was taken by electronic de- Goode McCarthy (MO) Schaffer Holden Packard Turner vice, and there were—yeas 418, nays 0, Goodlatte McCarthy (NY) Schakowsky Holt Pallone Udall (CO) not voting 15, as follows: Goodling McCollum Scott Hooley Pascrell Udall (NM) Gordon McCrery Sensenbrenner Horn Paul Upton [Roll No. 469] Goss McDermott Serrano Hostettler Payne Visclosky YEAS—418 Graham McGovern Sessions Houghton Pease Vitter Granger McHugh Shadegg Hoyer Peterson (MN) Walden Abercrombie Bereuter Brown (OH) Green (TX) McInnis Shaw Hulshof Peterson (PA) Walsh Ackerman Berkley Bryant Green (WI) McIntosh Shays Hunter Petri Wamp Aderholt Berman Burr Greenwood McIntyre Sherman Hutchinson Phelps Watkins Allen Berry Burton Gutierrez McKeon Sherwood Hyde Pickering Watt (NC) Andrews Biggert Buyer Gutknecht McKinney Shimkus Inslee Pickett Watts (OK) Archer Bilirakis Callahan Hall (OH) McNulty Shows Isakson Pitts Weldon (FL) Armey Bishop Calvert Hall (TX) Meehan Shuster Istook Pombo Weldon (PA) Baca Blagojevich Camp Hansen Meek (FL) Simpson Jefferson Pomeroy Weller Bachus Bliley Campbell Hastings (FL) Meeks (NY) Sisisky Jenkins Porter Whitfield Baird Blumenauer Canady Hastings (WA) Menendez Skeen John Portman Wicker Baker Blunt Cannon Hayes Metcalf Skelton Johnson (CT) Price (NC) Wilson Baldacci Boehlert Capps Hayworth Mica Slaughter Johnson, Sam Pryce (OH) Wise Baldwin Boehner Capuano Hefley Millender- Smith (NJ) Jones (NC) Quinn Wolf Ballenger Bonilla Cardin Herger McDonald Smith (TX) Jones (OH) Radanovich Wynn Barcia Bonior Carson Hill (IN) Miller (FL) Smith (WA) Kanjorski Rahall Young (AK) Barr Bono Castle Hill (MT) Miller, Gary Snyder Kaptur Ramstad Young (FL) Barrett (NE) Borski Chabot Hilleary Miller, George Souder Barrett (WI) Boswell Chambliss Hilliard Minge Spence ANSWERED ‘‘PRESENT’’—51 Bartlett Boucher Chenoweth-Hage Hinchey Mink Spratt Barton Boyd Clay Hinojosa Moakley Stabenow Baldwin Capuano Conyers Bass Brady (PA) Clayton Hobson Mollohan Stark Barrett (WI) Carson DeGette Becerra Brady (TX) Clement Hoeffel Moore Stearns Becerra Clay Delahunt Bentsen Brown (FL) Clyburn September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7523 Stenholm Thune Watt (NC) The SPEAKER pro tempore. Under The Columbine High School case is a Strickland Thurman Watts (OK) Stump Tiahrt Waxman the rule, the gentleman from South case in point. Two obviously hateful, Stupak Tierney Weiner Carolina (Mr. GRAHAM) and the gen- disturbed young men took it upon Sununu Toomey Weldon (FL) tleman from Michigan (Mr. CONYERS) themselves to do tremendous violence Sweeney Towns Weldon (PA) each will be recognized for 30 minutes. and damage and murder. Their motives Talent Traficant Weller Tancredo Turner Wexler The Chair recognizes the gentleman vary. They killed some people because Tanner Udall (CO) Whitfield from South Carolina (Mr. GRAHAM). they were jocks. They killed other peo- Tauscher Udall (NM) Wicker Mr. GRAHAM. Mr. Speaker, I yield ple because they did not like them per- Tauzin Upton Wilson myself such time as I may consume. sonally. They killed some people be- Taylor (MS) Velazquez Wise Taylor (NC) Visclosky Wolf Mr. Speaker, the topic that we are cause of their race. They were twisted Terry Vitter Woolsey addressing today in the motion to in- minds. They brought a lot of pain and Thomas Walden Wu struct conferees on the DOD bill in- heartache and suffering to many fami- Thompson (CA) Walsh Wynn EN Thompson (MS) Wamp Young (AK) volves an effort made by Senator K - lies. Thornberry Watkins Young (FL) NEDY in the Senate to attach Federal My motion to instruct says simply hate crimes legislation to a bill in the this, prosecute people not for their mo- NOT VOTING—15 Senate. This issue is now before the tives but for their actions. Bilbray Gilchrest Rush Motives are important. They have to Coburn Hutchinson Smith (MI) House. It is before America. Doolittle Lazio Vento To Senator KENNEDY’s credit and to intend to kill. If they tie someone to Engel Neal Waters the gentleman from Massachusetts the back of a truck in Texas and they Eshoo Owens Weygand (Mr. FRANK), I would think it is fair, I drag them to their death, I do not care b 1313 hope he does not take offense, Senator why they did it, if they intended to do KENNEDY is one of the last liberal lions. it, they deserve the fullest and swiftest So (two-thirds having voted in favor He has roared loudly and he has fought punishment available. thereof) the rules were suspended and for his position and he was successful The Kennedy amendment allows the the concurrent resolution was agreed in the Senate. Federal Government to pick and to. As to my motion to instruct con- choose based on the status of the vic- The result of the vote was announced ferees on this matter, I hope people tim. In that case, an African American as above recorded. who agree with my position will also was dragged to his death because the A motion to reconsider was laid on raise their voice loudly because it is an people involved had hate in their heart. the table. honest debate long overdue about ex- In the State of Texas, one is serving f actly what we need to be doing in life and two of those folks involved are America when it comes time to punish facing the death penalty. That to me is EXPLANATION REGARDING ROLE justice. And that can happen and has IN BOY SCOUTS OF AMERICA people and what role the Federal Gov- ernment has. happened all over this country. (Mr. PEASE asked and was given per- There has been a huge departure in Using the model that Senator KEN- mission to address the House for 1 the law of the land to the Kennedy NEDY has put forward, eight murders would fall in the classification of hate minute.) amendment. Federal jurisdiction is crimes, nine of the thousand rapes. I Mr. PEASE. Mr. Speaker, since 1993, now available through the Attorney would argue to the Members of this I have served as a member of the Advi- General of the United States in almost sory Council of the National Council of House that every rape is a hate crime. every act of criminal violence that Before I came to this body, I was a the Boy Scouts of America. In this role may exist in the country if in the mind I am a volunteer advisor to the Boy prosecutor in the civilian world in the of the perpetrator and the status of the Air Force; and I will assure my col- Scouts and its national governing orga- victim certain people are involved. nization. leagues that every woman that has I hope we will reject this way of been violated and is forcibly raped, the b 1315 thinking. I hope we will, as a Nation, man involved hated that woman, and I prosecute vigorously those who with I receive no compensation for my do not care to know any more other intent, malice aforethought, through service in this role, and am not reim- than, without their consent, they did a the violation of existing State law, bursed for expenses incurred in ful- great violence to their body. hurt human beings in general and that filling the duties of the position. In the Texas case, here is what could there is no need, objectively speaking, f happen if this law that Senator KEN- politically speaking, to have a Federal NEDY has proposed goes forward and if MOTION TO INSTRUCT CONFEREES crime that only applies based on the we agree to it today. There is an ele- ON, H.R. 4205, FLOYD D. SPENCE hate of the perpetrator and the status ment of the Kennedy Federal legisla- NATIONAL DEFENSE AUTHORIZA- of the victim. tion that is very curious and poten- TION ACT FOR FISCAL YEAR 2001 This legislation has a four-part test tially very damaging. We are creating that would allow the Attorney General two statutes to deal with the same Mr. GRAHAM. Mr. Speaker, pursuant to invoke a Federal statute that does to clause 7 of rule XX, I offer a motion event. The Federal Government, under not exist today, and the last prong is this legislation, because we are the to instruct conferees. the Federal interest and hate crime The SPEAKER pro tempore (Mr. Federal Government, would have the eradication is insufficiently served by ability to prosecute the case first if it LAHOOD). The Clerk will report the mo- a State prosecution. That is all encom- tion. reached out and grabbed the case. passing. That means whatever the At- Let us use the case in Texas for in- The Clerk read as follows: torney General wants it to mean. stance. Under the legislation proposed Mr. GRAHAM moves to instruct conferees I stand before the House and the by Senator KENNEDY and this House on the part of the House that the conferees country saying that we in America on the part of the House on the disagreeing will be instructing conferees on, the votes of the two Houses on the bill, H.R. 4205, have laws at the State level that apply death penalty is not authorized. That be instructed not to agree to provisions to everyone. I do not know of any law is a huge point. The basis of the Ken- which— in this country by any State or any ju- nedy legislation deals with events that (1) fail to recognize that the fourteenth risdiction that says we can hurt cer- really are not real in substance. There amendment to the Constitution guarantees tain people because of their race, reli- are no mass ignoring bodily injure all persons equal protection under the law; gion, or sexual orientation. That is not cases based on people’s sexual orienta- and a defense. That is not a problem that tion, race, gender, or religious back- (2) deny equal protection under the law by we are having to deal with in this ground. That is not a problem in this conditioning prosecution of certain offenses on the race, color, religion, national origin, country. country. And that is good news. gender, sexual orientation, or disability of This is an effort, I believe, to give But here would be the problem if we the victim; and Federal jurisdiction to expand the role adopted Senator KENNEDY’s way of (3) preclude a person convicted of murder of the Federal Government in a way doing business. The Federal Govern- from being sentenced to death. that will ultimately divide Americans. ment, by legal right, would have the H7524 CONGRESSIONAL RECORD — HOUSE September 13, 2000 ability to take that case over from the not make a better America, and that create constitutional doubt where none State courts, engage in the prosecu- does not address the problems of exists. tion, spend the money, the time, and crimes. The Congress’ authority to create the effort, and the result would be in Because the hate crime legislation new penalties for violent crimes in- the Federal system that the two people that Senator KENNEDY proposed, the volving bodily injury if motivated be- facing Death Row punishment in Texas real area where the cases would be had cause of race, color, religion, national could not be sentenced to death under is in the simple assault area, areas origin, gender, sexual orientation, or the Federal legislation. It changes the where people get in all kinds of con- even disability, does not depend on the death penalty component of every mur- flicts and, under the theory of the stat- equal protection clause of the Four- der statute in this country. ute, they could remove it. I would teenth Amendment. I want the Members to understand argue there is no need to do that. b 1330 The real danger here is that we are what they are voting on. What it rests on is the undisputed au- Let us talk about the politics for a empowering the Federal Government thority of the 13th amendment and on moment. There are many people really to remove a case, whether it be the the commerce clause itself. So my worried about this vote. If I do not cre- Columbine case or whether it be the friend, the gentleman from South Caro- ate a new Federal statute that would Texas case with the gentleman behind lina (Mr. GRAHAM), I guess is saying give the Attorney General the right to the truck who was dragged to a violent that by prohibiting hate crimes against take over any case in the land when death, and prosecute that case in a individuals who have suffered historic certain conditions are met based on the manner that would do great harm to discrimination on the basis of race and attitude and the motivation of the per- serving ultimate justice within the ju- color or national origin or gender or petrator, maybe people will think that risdiction where it happened. sexual orientation or disability, that I am a racist, that I am homophobic, Mr. Speaker, I hope that we will re- we are violating the constitutional that I have religious prejudice. Because ject the political movement, the polit- rights of everyone else. Could that be that is the political dynamic going on ical cause of the day, and stand behind what he is saying? here. a simple concept that the Federal Gov- Well, if it is true, then I have to raise The question we need to ask as a ernment has a proper but limited role a question of whether he thinks that Member of Congress is, do we trust our and that, when individual citizens any statute that prohibits discrimina- States to deal with situations where choose to hurt their neighbors, hurt tion and violence on the basis of these people are assaulted in general and spe- other citizens within their State, that categories also violate the 14th amend- cifically where race, religion, or sexual the State has a chance to do swift and ment. Should they be repealed? Should orientation is involved. certain justice and that we not pass a we repeal the existing Federal criminal If we do, we do not need this legisla- Federal law that takes the death pen- hate crimes law already on the books tion. The question we need to ask our- alty in practicality off the table. This since 1968, which prohibits the inten- selves is, is there a legitimate reason is not going to make America a better tional interference, with the enjoy- other than the political dynamic being place. ment of Federal rights and benefits on created for us to give the Federal Gov- Mr. Speaker, I reserve the balance of the basis of, again, the victim’s race, ernment power unknown in the history my time. religion, national origin, or color? of our country to reach out and grab a Mr. CONYERS. Mr. Speaker, I yield Should we repeal the Church Arson Act case that could be prosecuted in the myself such time as I may consume. which prohibits the intentional de- State court. I would argue not. Mr. Speaker, I am happy to join my struction of religious property because I would argue that what we need to distinguished colleague from the Com- of race, color, or ethnic characteristics do in this country is make sure that mittee on the Judiciary on this matter. of individuals who worship there? those people who hurt human beings, He has three positions with which he One cannot avoid race. These are the regardless of the motivation, receive asks that we be instructed not to problems. One cannot avoid disability. the fullest punishment under the law, agree. One and three are false, and two One cannot avoid sexual orientation. the full extent of punishment avail- I disagree with. Does the gentleman want to repeal the able. First of all, it is not accurate to say Civil Rights Act of 1964, which pro- The Kennedy proposal takes off the in our bill that we preclude a person hibits employment in public accom- table the death penalty, and the chance convicted of murder from being sen- modations based on discrimination of of having two prosecutions is very re- tenced to death. While we do not have race, color, religion, as usual? Do we mote because the Federal Government a death penalty, some States do. And want to repeal the Age Discrimination will go first and the only way the death so, wherever the State law applies, Employment Act of 1967? What about penalty can be applied is to do a sepa- there would be a death penalty. the Fair Housing Act of 1968, which rate prosecution in State court. And if In our bill, we do not have one. And prohibits housing discrimination on they have the desire and the willing- so, I do not see where that is very im- the basis, again, of the usual factors? ness to do that to begin with, there is portant. Does he want to repeal the Americans no need to remove it. He questions whether or not the with Disabilities Act of 1990? We just So I would argue very strongly to the Fourteenth Amendment, by guaran- celebrated it for a decade of progress, Members of the House that this pro- teeing all persons equal protection which prohibits discrimination on the basis of disability; and the rest. It goes posal does not address real problems in under the law, is a safeguard against on and on and on. America that exist today, it is creating the hate crimes bill. And that has no So if this is a new historic challenge a whole new set of problems that this accuracy whatsoever. to raise a constitutional point that has country cannot stand. And so, I am a little baffled by the never been thought of before, this is a We are thinking of a million reasons motion to instruct because he seems to great time to have that debate. If it to divide ourselves. We focus on our suggest that the bipartisan legislation turns out that the first instruction, differences in this House in a political that the Senate has passed somehow part one, is not accurate, the second we fashion that maybe goes overboard. violates the equal protection of the disagree with, and the third is not ac- But America needs to come together on laws and affects the Federal Govern- curate, then we should move quickly the idea that we do not care why they ment’s administration of the death on to a motion to instruct the con- engage in violence, we are going to penalty. We do not appear to be dis- ferees on hate crimes that I have that punish them if they do. And every cussing the same bill. will come up shortly. American should feel good about the The Graham motion would instruct Mr. Speaker, I reserve the balance of idea that they are going to be judged the conferees to reject provisions that my time. based on their conduct and that their fail to account for the fact that the Mr. GRAHAM. Mr. Speaker, I yield sexual orientation, their religious Constitution guarantees all persons myself such time as I may consume. background, or their race is not going equal protection under the law. His Mr. Speaker, I would like to answer to create one statute for them and motion is beside the point because his some of the questions asked. The an- leave everybody else behind. That does statement is, apparently, designed to swer is, no, I am not asking that this September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7525 body or any body vote to repeal laws Americans at the Federal level from dicted each other, and then he prayed that make it unlawful to discriminate participating in guaranteed constitu- over it overnight and figured out that based on race, religion, the 14th amend- tional activities. I am saying that this they contradicted each other. We were ment in general. What I am asking this allows the Federal Government, not told until shortly before we began body to do is not to create a Federal through prong four and through the which one he was going to do. So ap- law that does that. whole intent of the legislation, to take parently the gentleman first figured Here is the effect of it: if somebody any event, anywhere, any time, and out they contradicted each other and kills me, that would bother my family. make it a Federal case and the death then decided which one. I do not know if it would bother a lot penalty is taken off the table. That is Mr. GRAHAM. Mr. Speaker, will the of other people, but it would bother my not good for this country. gentleman yield? family. Somebody kills the gentleman One, people are divided. I do not get Mr. FRANK of Massachusetts. I yield from Michigan (Mr. CONYERS) and we the benefit of the statute in certain sit- to the gentleman from South Carolina. let the motive of that person decide uations; some other person might. We Mr. GRAHAM. Mr. Speaker, the two what to do, my family is out. That is are equally harmed. The State has the motions to instruct were filed last the effect of this statute. The victims ability to take care of this. night. I have always intended to do the and the attitude of the perpetrator de- If it is taken from the State and they one I am talking about now. I had a cide whether or not the Federal law ap- are expected to prosecute the person colleague ask that they preserve the plies. for the death penalty later on, there right to approach it from a different Let me say what is going to happen was no need to take it from the State angle. That is up to them, but that is throughout America if we pass this leg- to begin with. why I did it. islation as drafted. Criminal defense Mr. NADLER. Mr. Speaker, will the Mr. FRANK of Massachusetts. Well, attorneys, pretty smart guys, pretty gentleman yield? the gentleman from South Carolina smart ladies, I have been one, I do not Mr. GRAHAM. I yield to the gen- (Mr. GRAHAM) filed them both so appar- know if I was smart enough, but if I tleman from New York. ently he tells us now that he filed one have somebody come in to my office Mr. NADLER. I would say to the gen- knowing that it contradicted the other. and this statute exists that allows the tleman from South Carolina (Mr. I will say this, and let me point out Federal Government to engage in pros- GRAHAM), the current statute is a hate that the contradiction is not simply a ecution first, and I would argue exclu- crimes statute with respect to race, minor thing. The one he filed and de- sively because the effect of doing it color, creed, national origin. That is cided not to offer deals with hate twice is lost, that there is going to be the statute. The amendment would be crimes of the sort that the second one a rise in hate crimes because the de- sexual orientation, gender, disability. says are unconstitutional. So the gen- fendant is going to find the Federal Mr. GRAHAM. Reclaiming my time, tleman filed two instructions. One he niche that allows the case to go into the statute has a mechanism to create was reserving the right to instruct the the Federal system where there is no Federal jurisdiction, the current stat- House to do something which he has death penalty. That is what is going to ute, that requires a Federal nexus. now decided is unconstitutional. That happen here. The amendment has a four prong test is a reversal. I have seen the Supreme We are going to have people through- and the final prong of that test is that Court reverse itself on constitutional out the land manufacturing motives Federal interest in hate crime eradi- issues, but it usually takes them more that give the benefit of a Federal stat- cation, according to the Attorney Gen- than 12 hours. ute that prohibits the death penalty eral, is insufficiently served by a State Now, it is not simply the gentleman’s because in the State where they live prosecution, which means there really first instruction that would be repudi- they could get the death penalty, and is nothing more than the opinion of the ated here. What it says, and this is par- the chance of prosecuting these cases Attorney General determining whether ticularly relevant to section 2, he says twice are almost zero from a practical or not there is State or Federal juris- here that it is a denial of equal protec- point of view. diction. tion under the law if prosecution of Mr. NADLER. Mr. Speaker, will the This is the expansion that I am talk- certain offenses is conditioned on the gentleman yield? ing about, not that people are pros- race, color, religion, national origin, Mr. GRAHAM. I yield to the gen- ecuted based on the motive; that it is gender, sexual orientation, or dis- tleman from New York. being expanded to an area where there ability of the victim. Mr. NADLER. Mr. Speaker, I would is no Federal nexus required and this First, let us be very clear. This does say to the gentleman from South Caro- would allow the Federal Government, not say if one is black they are pro- lina (Mr. GRAHAM), he just said that if based on this four prong test, to take tected and if one is white they are not; we passed hate crimes legislation, de- any case and every case. if one is gay they are protected and if fendants would opt for the Federal Mr. Speaker, I reserve the balance of one is straight they are not; if one is statute and so forth; but what the bill my time. disabled they are protected and if one before the Senate that we are talking Mr. CONYERS. Mr. Speaker, I yield is able-bodied they are not. What it about, before the conference com- such time as he may consume to the says is that if someone goes after mittee, I suppose, does is expand exist- distinguished gentleman from Massa- someone else on any of those grounds, ing hate crimes legislation that has chusetts (Mr. FRANK). if a racial minority attacks someone been on the books for 32 years three Mr. FRANK of Massachusetts. I who is white for these hate crime rea- new categories: sexual orientation, begin, Mr. Speaker, by congratulating sons, that is protected. So it is not giv- gender, disability. It is already on the my friend, the gentleman from South ing one set of groups protection books. Has it had that effect? Carolina (Mr. GRAHAM), from against another. Mr. GRAHAM. Reclaiming my time, untrapping himself. He had originally It is saying, equally, anyone who is the existing statute that deals with filed two potential instructions. At attacked because someone objects to Federal prosecution of events like some point, he must have figured out, his or her membership in a group that going to serve on a jury or going to with or without help, that they contra- is defined by race, color, religion, na- vote is one thing where there is a clear dicted each other. So he dropped the tional origin, that is the majority, the Federal nexus. What this body needs to one. minority of religions, there is no one know that what has happened in the Mr. GRAHAM. They did. majority so it is any group, they are Senate is that the Federal nexus is Mr. FRANK of Massachusetts. Well, all protected. Christians are protected, nonexistent. It is every event in Amer- the gentleman acknowledges without Jews are protected, Hindus are pro- ica now is subject to the Attorney Gen- my yielding to him, but I am a gen- tected, atheists are protected, if the eral certifying under prong four that erous kind of guy so I will acknowledge motive is based on their religion. this is somehow a hate crime and the his acknowledgment. Now we have had laws like this on Federal Government preempts. The gentleman acknowledges that he the books for a very long time. We I am not asking that the statutes filed two instructions yesterday, on the begin with the Civil Rights Act in the that exist be repealed that protect spur of the moment, which contra- 1860s right after the Civil War. We had H7526 CONGRESSIONAL RECORD — HOUSE September 13, 2000 House-passed lynch laws, which Repub- people because of their membership in ward, including one particular case in licans used to be for, which dealt with a group, that was not until recently Oklahoma where people were beaten this. We have on the books some hate controversial. In fact, as I said, in the and were not given any prosectorial de- crimes statutes. We have in some anti- gentleman’s first instruction it was not fense. discrimination statutes, I believe, controversial at 6:00 last night. That Mr. GRAHAM. Would the gentleman some criminal provisions. one got a bad reputation very quickly. yield? There was some anti-discrimination It is when sexual orientation entered Mr. FRANK of Massachusetts. Not statutes which if they are violated bla- into it that all of these objections until I finish. I urge the gentleman to tantly one can have criminal provi- came up. have a little patience. He has asked the sions. According to this resolution, all Now there is a red herring here and question; it is a little complicated. The of those would be wrong because there that is the death penalty issue. The answer will take awhile. are a series of statutes on the book fact is that, as the gentleman has ac- There was a situation in Pennsyl- that trigger prosecution based on the knowledged, if some Attorney General vania, where a particular bar was the race, color, religion, et cetera, of the preempted a murder case under the subject of a great deal of violence, and victim. hate crimes statute, it would still be I believe there was initially an insuffi- Now, why did this all of a sudden be- prosecutable by the State. He says that cient response. come controversial? Why did the Civil is unlikely. What is even less likely is The point is that this legislation is Rights Act of 1868 and the Church that the Attorney General, absent any written to take into account the fact Arson Act that my colleague from real showing of a hate motive, would that most crimes of violence are, in Michigan mentioned and others, why reach down and take it up. fact, prosecuted at the State and local did they suddenly become controver- It does say the Attorney General can level. Part of what it does is to offer sial? I guess I ought to apologize. It is do these in cases where the Federal in- aid to people at the State level and because of us. By us, I refer to those of terest in prosecuting was not being that, by the way, we have had people, us who are gay or lesbian or bisexual. vindicated. for instance, the local law enforcement This whole notion of prosecuting peo- officials in Wyoming who prosecuted b 1345 ple who singled out vulnerable minori- the Matthew Shepherd murder, wel- ties or who, as a member of a minority Mr. Speaker, the notion that a State comed that, because they can be over- acted against the majority based on prosecutor was about to bring a capital burdened by it. They can have hate this, the Church Arson Act, the anti- charge against someone and threaten groups that show up; and they can lynch laws, et cetera, it was never all that person with a death penalty and overburden, in some areas, the local re- that controversial and then people said the Attorney General would say, wait a sources. among the people who are often as- minute, you are not vindicating the But we are saying there will be some saulted because of their identity are Federal interests, it is nonexistent. cases in this vast country where a par- gay and lesbian and bisexual, particu- That is not really an argument that I ticular group will be subject to a par- larly transgender people who have been think is a major part of this. ticular prejudice, and in those excep- the victims of a lot of violence, and all Mr. Speaker, I think what we have tional cases the Federal Government of a sudden it became controversial. here is this resistance on the part of can intervene. So I can think of a cou- That is why the gentleman first had an some people on the other side to any- ple right recently that we have had. instruction and it is one that many in thing that deals with sexual orienta- There was some others, I do not re- the other body on the Republican side tion. member exactly which came up in the were in favor of; it was one that said We just voted on something with the hearing. But, yes, there are cases we will do hate crimes, but we will Boy Scouts. I regretted that that came where there are particular prejudices stick with good old-fashioned cat- up. I thought that bill should not be against particular groups. egories like race and religion; but let filed. I thought it should not be Transgendered people happen to be in us not get into sexual orientation. So brought up. I think the Boy Scouts do many cases the objects of violence. And some inconsistencies have arisen be- a lot of good work. I regret the fact in many cases, they are protected; but cause of sexual orientation. that they discriminate. I do not think in some cases, because of the prejudice Now among the inconsistencies is the the appropriate way to try to deal with that they face, they have not been pro- notion that my friends on the other it was the way here. tected. This is a standby authority for side are opposed to federalizing State Mr. GRAHAM. Mr. Speaker, will the the Attorney General to step in, if she crimes. I mean, they should write for gentleman yield? finds that there is this pattern of non- some situation comedies with that Mr. FRANK of Massachusetts. I yield enforcement. kind of material. The House Com- to the gentleman from South Carolina. Mr. GRAHAM. Mr. Speaker, will the mittee on the Judiciary has consist- Mr. GRAHAM. Mr. Speaker, does the gentleman yield? ently federalized crimes. Carjacking we gentleman from Massachusetts believe Mr. FRANK of Massachusetts. I yield federalized; in the abortion area, the there is a problem throughout the to the gentleman from South Carolina. late-term abortion bill. States had the country that people based on the sex- Mr. GRAHAM. The gentleman talks same powers as the Federal Govern- ual orientation and who are hurt in a about, not me directly, but what we ment, whether there is or is not a con- violent confrontation that people are are trying to do. I challenge the gen- stitutional problem. It was a Nebraska letting the prosecution go because of tleman to prove to anybody in this statute that went to the Supreme the sexual orientation? body that I, as a person, former pros- Court. Mr. FRANK of Massachusetts. Re- ecutor, would give the gentleman a We also passed a Federal statute. The claiming my time, Mr. Speaker, not pass if the victim was homosexual and House Committee on the Judiciary and throughout the country, but in some the perpetrator just did not like, and I the Congress, for the past 6 years, has places in the country, in fact, I believe, will only use the terms that came up in federalized a number of crimes without just as there was strong support for the Air Force case, the faggot that any particular Federal nexus. Indeed, lynch laws. lived down the hall. That guy got the the Supreme Court struck down some Mr. GRAHAM. How many cases? full effect of the law. of these because they said there was Mr. FRANK of Massachusetts. When I I say to the gentleman from Massa- not enough of a Federal nexus, but our yield to the gentleman that means the chusetts (Mr. FRANK), I do not believe committee has gone forward with oth- gentleman asks the question and I get that America is such today that the ers. to answer. Okay. I will yield again in a State court systems need to have the So there has never previously been minute. Attorney General under this legisla- an objection to saying that we are Mr. GRAHAM. Yes, sir. tion because of any reason they so going to punish someone in some cases Mr. FRANK of Massachusetts. I want choose to be able to take that case if they have committed bad acts to finish the answer. We had a hearing away. against people, not thoughts but if one before the Committee on the Judiciary Mr. FRANK of Massachusetts. Re- has committed bad acts against other last year and several people came for- claiming my time, let me respond, I am September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7527 going to respond, first of all, the gen- Mr. FRANK of Massachusetts. What jock, and killed the person beside him tleman asked me to prove that the gen- about church arson? What is the Fed- because of her religion, and the one tleman is biased? eral nexus in the Church Arson Act? next to the table because of the color Mr. GRAHAM. No. I am asking the What is the Federal nexus in church of their skin, forget about those dif- gentleman to tell me how many cases arson? There is not any. I thank the ferences, prosecute that person based are we talking about the gentleman gentleman for his shrug. What is the on what they did. And that is what you mentioned. Is it 100? Is it 200? Where Federal nexus for church arson? are trying to destroy here, and that is are they? Mr. GRAHAM. Is there none? why I am here. Mr. FRANK of Massachusetts. I do Mr. FRANK of Massachusetts. I I want people to be responsible for not have the exact number, but I will asked the gentleman a question. their conduct to the fullest extent of respond to the gentleman’s assertion. Mr. GRAHAM. Honestly, I do not law and let people where the event hap- He says he cannot believe, apparently, know. pens chart their destiny; and there is that anywhere in this country there Mr. FRANK of Massachusetts. I did no reason to give the Attorney General would be bias on the part of local law not yield to the gentleman. I am being of the United States this much power, enforcement that would lead to un- asked to give back the time. I yielded because the abuses described do not equal prosecution. to the gentleman to ask him a ques- exist. This is an effort to politicize and I wish we lived in that country. I be- tion. If he was going to ask me the federalize where the country will be a lieve most law enforcement people do same question back, I would not have great loser. the right thing. I gave them two spe- taken other people’s time. Mr. Speaker, I yield 2 minutes to the cific cases, one in Oklahoma, where Mr. GRAHAM. Mr. Speaker, I yield gentleman from South Carolina (Mr. people were beaten and the district at- myself such time as I may consume. SANFORD). torney did not intervene, and one in Mr. Speaker, the point I am making Mr. SANFORD. Mr. Speaker, I thank Pennsylvania where a bar was being and the point still stands, there are the gentleman for yielding the time to terrorized and there was not local two very good points, every law we me. intervention. have on the books at the Federal level Mr. Speaker, I hate following him. I I would say this, this concern about has a Federal nexus. But in the Senate, just came to chime in for just a few Federal intervention puzzles me com- there has been a huge departure here. moments because the gentleman asked ing from someone who has generally And part of it is politically motivated. me to and because I think this makes voted with the committee majority to Let me tell my colleagues the effect common sense. I think that the prob- federalize a number of crimes. of this statute again. If we go down lem with the debate on the other side, Carjacking, is it that there are State this road, the Attorney General of the and I would say to the gentleman from prosecutors who somehow have a soft United States for the first time, that Massachusetts (Mr. FRANK), who I have spot in their heart for carjackers? Why person, whoever he or she may be, has the utmost respect for his intellect, the did the majority federalize carjacking? the ability under this legislation to utmost respect for the way he has been I do not think that they did that be- take an event that has no Federal a consistent advocate for things that cause there was some soft spot; they nexus at all, reach out and grab it he believes in, and the only reason I felt there was some particular pattern based on the mentality of the perpe- find myself in this case differing with that had to be responded to. trator and the class of the victim. him is based on, for instance, the sta- There have been other cases, where Using an example, if someone in tistics I have here. we have in this body, I sometimes For instance, last year, 23 children South Carolina or any other State en- voted no, made Federal crimes out of were murdered in America by their gages in a violent offense against things that were also State crimes. But baby-sitters; 23 children were murdered somebody based on the race, sex, reli- the gentleman’s point I want to focus in America by their baby-sitters. And gion, sexual orientation, under this on, this statute assumes that prosecu- the question I think goes back to the statute, the Attorney General can take tion at the Federal level will be the ex- heart of what the gentleman from that case away and prosecute it at the ception. South Carolina (Mr. GRAHAM) was get- In fact, much of the statute that we Federal level and take the death pen- ting at. I am not a lawyer, I do not are asking people to vote for says let alty off the table. That should really have a legal background, but just from us help local people with the prosecu- send a chilling effect throughout this the standpoint of common sense, let us tion, let us help State prosecutors; but body. Not only have we done away with say it was the most loving of baby-sit- for him to argue that it is unthinkable the Federal nexus, bias exists all over ters, they took care of the child for that anywhere in the country members the world and will to the end of time. years, but in the end they ended up of a particular insular group might be Is that the reason bias in general in murdering them, do we want to treat the victims, people of an unpopular re- theory to go out and destroy the abil- that person differently than somebody ligion, transgendered people, people of ity of a State to prosecute vicious else simply because one hates the child a particular race, and they might be of crimes in their backyard? more than the other? the majority race in some parts, but I would argue that this country is But the bottom line is still the same, the minority race in other parts. better off because the people in Texas and that is those 23 children last year The notion that American history sentenced two of the three people to in America are just as dead. Whether yields us no pattern ever of local law death who drug the African American they were loved prior to being killed or enforcement people withholding equal to his death behind a truck; that we whether they were hated prior to being treatment because of prejudice is very are better off when local people will killed, they are both dead. The theme puzzling to me. We have not heard it stand up and say, wrong, face the ulti- that I think the gentleman from South before. mate punishment, than we would ever Carolina is getting at is the theme that Church arson, is there some pattern? be to have somebody in Washington for has been the basis of our judicial sys- Maybe the gentleman wants to repeal political reasons take the case away tem, which is equality under the law. the Church Arson Act, but the Church and get a headline and we can impose The other issue that I think he is Arson Act does talk about going in that penalty. getting at, and I think there is validity there in these circumstances, and I did That is what this is about. This is an in this, and that is the idea of federal- not previously hear these arguments. effort to empower the Federal Govern- izing crime. There is disagreement Mr. GRAHAM. Mr. Speaker, will the ment in a manner never had, and the within our conference on whether we gentleman yield? way you get there is you separate us. should or should not do that. I found Mr. FRANK of Massachusetts. I yield Because if I am attacked by the same myself voting against the gentleman to the gentleman from South Carolina. person that the gentleman from Massa- from Florida (Mr. MCCOLLUM) on any Mr. GRAHAM. By definition, every chusetts (Mr. FRANK) may be attacked number of different things who takes a statute that the gentleman talked by, their motive determines what stat- very different position on federalizing about has a clear Federal nexus; the ute applies, and that is wrong. some of these crimes versus not. existing hate crimes statute has a Fed- Columbine, when they shoot the Lastly, I would go to the point which eral nexus. man, the young fellow because he is a the gentleman from South Carolina has H7528 CONGRESSIONAL RECORD — HOUSE September 13, 2000 raised a couple of times, and that is, ecution of hate crimes, even when the ter place for having taken care of that this death penalty issue, which is a le- crime is particularly heinous. The Hate problem and risen to the occasion. The gitimate debate; but I do not know Crimes Prevention Act removes this re- recent case of the African American that we want to preemptively strike striction, enhancing the ability of Fed- being dragged to his death in Texas, out death penalty with this kind of leg- eral law enforcement agencies to assist two of the three perpetrators are on islation. State and local authorities and in in- death row, where they should be. This Mr. CONYERS. Mr. Speaker, I yield 3 vestigating and prosecuting hate statute would not allow that to happen minutes to the distinguished gen- crimes of all kinds. if they were tried in Federal Court, and tleman from Connecticut (Mr. SHAYS). I believe violence based on prejudice there would not have been a second Mr. SHAYS. Mr. Speaker, I thank the is a matter of national concern, and I prosecution. gentleman for yielding the time to me, urge my colleagues to pass the Frank Mr. Speaker, I reserve the balance of and I rise in opposition to the motion motion so we can enact this important my time. of the gentleman from South Carolina legislation this year. I would say I have Mr. CONYERS. Mr. Speaker, I yield (Mr. GRAHAM) and support the motion voted to federalize a number of crimes 31⁄2 minutes to the distinguished gen- that will be offered by the gentleman as have the opponents of this effort. tleman from New York (Mr. NADLER), a from Massachusetts (Mr. FRANK). b 1400 If we walked down the National Mall member of the Committee on the Judi- along the Potomac River, we reach the For me, there are times the Federal ciary. newest memorial in our Nation’s Cap- Government needs to step in. Mr. NADLER. Mr. Speaker, I thank ital. It honors Franklin Delano Roo- Mr. GRAHAM. Mr. Speaker, to ad- the gentleman for yielding me time. sevelt, the 33rd President of the United dress the point of my colleague here, Mr. Speaker, I came here to rise in States. It was FDR who said ‘‘We must who I admire very much, this is not support of the motion to instruct of- scrupulously guard the civil rights and about adding into an existing statute fered by the gentleman from Michigan civil liberties of all citizens, whatever sexual orientation and disability. This (Mr. CONYERS) and in opposition to the their background. We must remember is about changing fundamentally to its motion to instruct offered by the gen- that any oppression, any injustice, any core the way the Federal Government tleman from South Carolina (Mr. hatred is a wedge designed to attack is able to interfere or take over a pros- GRAHAM), because I read the motion to our civilization.’’ ecution of an otherwise State case. instruct offered by the gentleman from This statement is no less true today There has been a fundamental devi- South Carolina (Mr. GRAHAM); and I am than it was back then. I strongly sup- ation here from the Senate. Senator not sure whether it is worth supporting port the Hate Crimes Prevention Act KENNEDY was able to create an environ- or opposing, because it does not deal because this legislation respects the ment legally where the only thing with anything in front of the con- fundamental relationship between stopping the Federal Government from ference. local law enforcement and the Federal reaching out and grabbing a case for The gentleman purports it to mean Government. the first time in the history of the that this would oppose the hate crimes Local law enforcement agencies will country is the attitude of the Attorney legislation, but we know that there is continue to have primary responsi- General and put it in a venue where the hate crimes legislation on the Federal bility for investigating, prosecuting death penalty does not apply. That is books, and it has been there for 32 violent crimes based on hate. But when my point. The point is that this statute years. What the Senate proposes, and it comes to violations of civil rights, does so many bad things. what I hope the House accedes to, is to the Federal Government has histori- POINT OF ORDER increase the purview of that legislation cally played an important role in the Mr. CONYERS. Mr. Speaker, I make from race, color, creed, and national prosecution and punishment of these a point of order. origin, to include, which it does now, violations. And when local authorities The SPEAKER pro tempore (Mr. to include sexual orientation, gender, request assistance or are unable or un- LAHOOD). The gentleman will state his disability of the victim. And we cer- willing to act, Federal law enforcement point of order. tainly should, because an attack on agencies must be able to come to their Mr. CONYERS. Mr. Speaker, the gen- someone based on those characteristics aid. tleman from South Carolina (Mr. is an extra assault on society and The hate crimes legislation authored GRAHAM) has not yielded himself time. ought to be punished in an extra way. by Senators GORDON SMITH, a Repub- The SPEAKER pro tempore. Does the But look at the motion to instruct lican, and TED KENNEDY, a Democrat, gentleman from South Carolina yield offered by the gentleman from South creates an important safety net to en- himself such time as he may consume? Carolina (Mr. GRAHAM). We should in- sure victims of hate crimes receive the Mr. GRAHAM. Yes. struct the conferees not to agree to justice to which they are entitled. It The SPEAKER pro tempore. The gen- anything that fails to recognize that will permit the Department of Justice tleman may proceed. the 14th amendment guarantees all to provide technical, forensic, prosecu- Mr. GRAHAM. Mr. Speaker, to get people equal protection under the law. torial or any other form of assistance the statute to kick into effect, all you Well, of course. And the Hate Crimes to State and local law enforcement of- need is an Attorney General willing to Protect Act does not deny anyone ficials in cases of felony crimes that do it. There is no Federal nexus in the equal protection under the law. So I constitute a crime of violence and are traditional sense of what has been the have no problem with that provision, motivated by bias based on race, color, law of this land since its inception. because it does not refer to anything in religion, national origin, gender, dis- Number two, to get this statute to front of the Senate or the House. ability, or sexual orientation. Federal kick into effect, you are treating hate crimes, therefore, is not a new Americans differently who may have He instructs that we should not agree idea. suffered the same harm. The example I to provisions which deny equal protec- Mr. Speaker, for 32 years Federal law gave at Columbine, three dead kids, tion under the law by conditioning has covered certain forms of violence three different reasons in the mind of prosecution of certain offenses under based on hate. Unfortunately, under the perpetrator; one gets the statute, race, color, religion, national origin, current law, Federal prosecution of a the other does not. That is not going to gender, sexual orientation, or dis- hate crime is permitted only if the make this a better country. ability of the victim. crime was motivated by bias based on Mr. Speaker, the State court systems Well, the hate crimes legislation does race, religion, national origin, or color have proven themselves to rise to the not do that either. As was pointed out and the assailant intended to prevent occasion in horrendous events of recent before, the hate crimes legislation does the victim from exercising a federally time. The Wyoming case, the person not say that if you attack a black per- protected right such as voting or at- who was brutally murdered because of son or a gay person only should you be tending school. sexual orientation, those persons are prosecuted. It says if you attack some- This dual requirement substantially serving life in jail. It was done by the one because of their race, color, creed, limits the potential for Federal pros- people of Wyoming. Wyoming is a bet- of whatever variety, whatever race, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7529 whatever color or creed, whatever sex- there are people who are mean and gentleman from Michigan (Mr. CON- ual orientation, whatever gender, be- clever, and I have defended some and YERS), in his motion to instruct. Be- cause of that there is an extra vicious- prosecuted a lot, who are going to say, cause I view this as a very solemn de- ness and an extra protection, that does well, this is a hate crime; this is a Fed- bate, I want to say to my good friend not deny equal protection under the eral hate crime. And they want to go from South Carolina that it is impor- law. to Federal Court because there is no tant for people to realize that Members Everybody is subject to it; everybody death penalty, and it will be a head- take to heart, take seriously, the posi- can be helped by it. Whether you are line. tions that they argue for, and I do not attacked because you are a man or a There will be a tremendous amount question the integrity or the honesty woman, a gay person or a straight per- of political pressure to grab this case, and the well-meaning efforts behind son, a Christian, a Jew or a Hindu, and to show you how much I care as my good friend’s motion to instruct. black, white or green, it does not mat- the Attorney General, I am going to But I do want to raise some questions ter. Everybody gets that equal protec- take this heinous situation and I am and concerns and offer my sincerity tion. And it says that we should not going to do it, because I want to get and my heartfelt expressions of opposi- agree to any provision that would pre- the political benefit and I am going to tion against this motion, and that is clude a person convicted of murder be the person in the headline. And that although we have been calling the from being sentenced to death. America loses, because the Texas case, names of those who have tragically Well, that one, I do not agree with the Wyoming case, and the whole 21st lost their life, some of the more well- the death penalty, so I do not have a century, I really believe, is going to be known names, let me say to you that it problem with that. But the fact is, it about people finally being held ac- is particularly a source of consterna- does not do that either. The gentleman countable for what they do. tion and hurt in the State of Texas, from South Carolina (Mr. GRAHAM) said When you go into the Columbine from which I come, and that is to be that by the Federal Government pros- High School situation, you have got known as the State who, in the 20th ecuting on a statute that does not have three grieving parents. We do not need century, the latter part of the 20th cen- the death penalty, that might preclude to carve out one law against the other tury, had the dismemberment of a the State from prosecuting the same two. We need to come together as a human being as a headline of a par- act on a statute that does have the people and punish to the full extent of ticular area in our State. The heinous death penalty. the law those that want to harm act of hatred against Mr. James Bar- But it is black-letter law. For the human beings, end of story, and not rett continues to ring loud and clear last 40 years it has been black-letter create a Federal legislation that under- throughout this Nation, and, following law, Black and Douglas dissenting mines the ultimate punishment, the that, the very tragic and violent and only, 7 to 2 in the Supreme Court, that death penalty. brutal death in Wyoming of Matthew different sovereignties can prosecute Mr. Speaker, I reserve the balance of Shepard. the same acts under different statutes. my time. But I would say to my friend from That is why the State can prosecute Mr. CONYERS. Mr. Speaker, I yield 1 South Carolina, even now, just a few for murder, and the Federal Govern- minute to the gentleman from Massa- short months ago, three individuals saw fit to burn a cross in the front yard ment can prosecute for deprivation of chusetts (Mr. DELAHUNT), a member of civil rights. If the Federal Government the Committee on the Judiciary and a of an African American family that prosecuted for deprivation of civil long-time State prosecutor. moved into a neighborhood that was rights, the State can still prosecute for Mr. DELAHUNT. Mr. Speaker, I predominantly white. This is in mod- murder; and if the death penalty ap- thank the ranking member for yielding ern-day Texas. This is in an area not plies, apply it. me time. far from Houston, Texas. This is real. So the gentleman from South Caro- Mr. Speaker, I know it is not the in- So when we begin to talk about are we serious about a hate crimes initia- lina (Mr. GRAHAM) is giving us in a mo- tention of my friend and colleague to tive, let me say to the gentleman from tion to instruct, which is entirely mislead, but I think it is very impor- South Carolina (Mr. GRAHAM), in op- phoney, tries to imply that the hate tant to be clear here that those indi- posing this motion to instruct, we al- crimes legislation would do these viduals that are presently incarcerated ready have and understand the value things, which it clearly would not do. facing the death penalty in Texas and importance of the 14th amend- It is entirely a phony instruction; and would still be there facing that death ment, the guarantee of equal protec- it ought to be defeated, not because it penalty if the instructions that will be tion of the law. You already have the is bad, but because it is phony; and the offered in the Conyers motion prevail. evidence that the Constitution has Conyers instruction to say to broaden It is clear that there is nothing in the been preserved by 30 years of case law hate crimes legislation to cover what Conyers motion that would preclude a that already says that hate crimes leg- should be covered, should be agreed to. State prosecution, absolutely nothing islation can pass constitutional mus- Mr. GRAHAM. Mr. Speaker, I yield whatsoever; and to suggest that is, I ter. myself such time as I may consume. would submit, unintentionally mis- In addition, I think it is important to Mr. Speaker, we can talk about this leading. note your provision number two sug- or you can read the law yourself. Here I also find it ironic that my colleague gests exclusion. There is no exclusion is what I am saying, unequivocally: has concerns about the States’ posi- to addition. All we are doing in this this proposal in the Senate does not ex- tions on these particular issues, as if Hate Crimes Act of 2000 is to ensure pand the list of categories from which the Attorney General will not work that in addition to all the other ele- a hate crime can be prosecuted to in- with the States to do what is right. ments of this bill, gender and sexual clude sexual orientation and disability. The gentleman should be aware that orientation and disability are included. It fundamentally changes and does the legislation is supported by the Na- It is not exclusion; it is inclusion. It away with the Federal nexus that ex- tional Sheriffs Association and by the means that if an Anglo or a white or a ists in the existing statute to give the International Association of the Chiefs Caucasian citizen of the United States Attorney General of the United States, of Police. or any other, was found to have been whoever that person might be, at what- Mr. CONYERS. Mr. Speaker, I yield hatefully acted upon, they would be ever time in our history, the ability to the balance of my time to the gentle- able to come under the hate crimes reach out and take over a case based on woman from Texas (Ms. JACKSON-LEE), law. It is to be read broadly. the attitude and the motivations of the a Member of the Committee on the Ju- I agree with my good friend talking perpetrator and the class or category diciary. about the death penalty, because many of the victim. Ms. JACKSON-LEE of Texas. Mr. of us fall on different positions on the One thing is going to flow from this: Speaker, I thank the ranking member death penalty. because you cannot get the death pen- for yielding me time, and I thank him alty, there are people going to be man- for his leadership on this motion. b 1415 ufacturing reasons, believe it or not, if I have come to the floor of this House I believe there should be a morato- you have ever been in criminal law, to support the ranking member, the rium. I believe it is a tragedy that H7530 CONGRESSIONAL RECORD — HOUSE September 13, 2000 there are people who are on death row Budget has advised us that from the perspec- Ronald Taylor traveled to the eastside of that we do not really know whether or tive of Administration’s program, there is no Pittsburgh, in what has been characterized, as not they, in fact, are guilty. objection to submission of this letter. an act of hate violence to kill three and wound Mr. Speaker, what I would say in Sincerely, two in a fast food restaurant. Eight weeks conclusion is that I will include for the ROBERT RABEN, Assistant Attorney General. later, in Pittsburgh Richard Baumhammers, RECORD at this time a letter from the armed with a .357-caliber pistol, traveled 20 Mr. Speaker, I support the motion of Department of Justice. We have al- miles across the west side of Pittsburgh which the gentleman from Michigan (Mr. ready answered the question as to now leaves him charged with killing five. His CONYERS), and I oppose the motion of whether this denies the equal protec- shooting victims included a Jewish woman, an the gentleman from South Carolina tion of the law. It does not. Indian, ``Vietnamese,'' Chinese and several (Mr. GRAHAM). EPARTMENT OF USTICE black men. Matthew Shepard also suffered a D J , Mr. Speaker, I rise on the Conyers motion OFFICE OF LEGISLATIVE AFFAIRS, hateful and violent death. We need this legis- to instruct conferees on the Department of De- Washington, DC, September 13, 2000. lation to further protect the people of America. fense Authorization bill. It is important that Hon. RICHARD GEPHARDT, The decade of the 1990's saw an unprece- Congress adequately address hate crime vio- Minority Leader, U.S. House of Representatives, dented rise in the number of hate groups lence in America. Washington, DC. preaching violence and intolerance, with more DEAR MR. LEADER: The Department of Jus- Today, we have a unique opportunity to in- than 50,000 hate crimes reported during the tice has been asked for its view on a motion struct conferees on H.R. 4205, the FY 2001 years 1991 through 1997. The summer of by Representative Graham that would in- Department of Defense Authorization bill, to 1999 was dubbed ``the summer of hate'' as struct the House conferees on H.R. 4205. The accept the bipartisan Senate-passed provision motion appears to be directed at the hate each month brought forth another appalling in- crimes provisions contained in section 1507 of on hate crime. In June, the Senate passed the hate crimes cident, commencing with a three-day shooting the Senate-enacted version of H.R. 4205. The spree aimed at minorities in the Midwest and bill, introduced by Senators EDWARD KENNEDY motion would instruct the conferees not to culminating with an attack on mere children in and GORDON SMITH. The Kennedy-Smith agree to provisions in section 1507 that ‘‘(1) California. From 1995 through 1999, there has fail to recognize that the fourteenth amend- amendment was adopted on a bipartisan vote been 206 different arson or bomb attacks on ment to the Constitution guarantees all per- of 57±42, with 13 Republicans voting in favor. churches and synagogues throughout the sons equal protection under the law; an (2) This legislation would enhance the ability of United StatesÐan average of one house of deny equal protection under the law by con- the local, state and federal law enforcement ditioning prosecution of certain offenses on worship attacked every week. the race, color, religion, national origin, gen- officials to investigate and prosecute violent Like the rest of the nation, some in Con- der, sexual orientation, or disability of the acts of hate crimes committed against persons gress have been tempted to dismiss these victim; and (3) preclude a person convicted of because of their race, color, religion, national atrocities as the anomalous acts of lunatics, murder from being sentenced to death.’’ origin, gender, sexual orientation or disability. but news accounts of this homicidal fringe are With respect to the first two parts of the Despite the fact that more than 190 Mem- proposed instruction, we already have pro- merely the tip of the iceberg. The beliefs they bers of the House have cosponsored the simi- act on are held by a far larger, though less vided extensive analysis explaining the bases lar House version of the hate crimes legisla- of Congress’s constitutional authority to visible, segment of our society. These atroc- enact the hate crimes provisions in § 1507 of tion, H.R. 1082, and despite repeated re- ities, like the wave of church burnings across the Senate-enacted version of H.R. 4025. quests that Judiciary Committee Chairman the South, illustrate the need for continued Moreover, those provisions would not impli- HYDE and Speaker HASTERT allow consider- vigilance and the passage of the Hate Crimes cate the Equal Protection Clause of the ation of this bipartisan legislation, they have Prevention Act. Fourteenth Amendment, which applies only refused. In fact, it is because the Republican This legislation will make it easier for federal to the States. And, in our view, those provi- Leadership has said no for the past several authorities to assist in the prosecution of ra- sions would be wholly consistent with the years that this important legislation has not yet equal protection component of the due proc- cial, religious and ethnic violence, in the same ess clause of the Fifth Amendment. The pro- to become law. way that the Church Arson Prevention Act of tections afforded by the criminal provisions I remember the senseless killings of three 1996 helped federal prosecutors combat in section 1507 would not be limited to per- African American children who were killed on church arson: by loosening the unduly rigid ju- sons of certain races, colors, etc. Those pro- Sunday morning by a bomb while they partici- risdictional requirements under federal law. visions would, instead, protect all persons— pated in services at the 16th Street Baptist Current law (18 U.S.C.A. 245) only covers a regardless of their race, color, etc.—who are Church. Only recently have individuals been situation where the victim is engaging in cer- the victims of certain crimes of violence indicted to face trial in the nearly 40 year old tain specified federally protected activities. The committed because of the victims’ actual or murders. This terrible act galvanized the civil perceived race, color, religion, national ori- legislation will also help plug loopholes in state gin, gender, sexual orientation, or disability. rights movement and began a shout for jus- criminal law, as ten states have no hate crime In this regard, section 1507 would be analo- tice, which may at last be answered in a court laws on the books, and another 21 states fail gous to numerous existing laws that protect of law as two Ku Klux Klansmen in Alabama's to specify sexual orientation as a category for all persons from certain harms perpetrated Jefferson County are finally being brought to protection. This legislation currently has 191 against them because of personal character- justice for the 196 bombing. co-sponsors, but has had no legislative activity istics (such as race or gender). See e.g., 18 As the years passed from the time of the in this House. U.S.C. § 245(b)(2) (prohibiting the willful in- bombing, it was felt that America had made It is long past time that Congress passed a juring of a person ‘‘because of,’’ inter alia, great strides until the night of June 7, 1998 ‘‘his race, color, religion or national ori- comprehensive law banning such atrocities. It gin’’); 42 U.S.C. 2002e–2 (prohibiting employ- when this Nation's deepest sin was revealed is a federal crime to hijack an automobile or ment discrimination ‘‘because of [an] indi- by the murder of James Byrd Jr. to possess cocaine, and it ought to be a fed- vidual’s race, color, religion, sex, or national There is no case, which more graphically re- eral crime to drag a man to death because of origin’’). minds this Nation that the submerged intoler- his race or to hang a person because of his With respect to the final part of the pro- ance caused by racism that steeps throughout or her sexual orientation. These are crimes posed instruction, the amendment instructs the fabric of our society can erupt into gangre- that shock and shame our national conscience conferees not to agree to provisions that nous crimes of hate violence like the murder and they should be subject to federal law en- ‘‘preclude a person convicted of murder from of James Byrd in Jasper, TX. being sentenced to death.’’ This provision forcement assistance and prosecution. would have no bearing on Section 1507 of The lynching of James Byrd struck at the Mr. Speaker, the Conyers motion is truly the H.R. 4205. That provision does not address consciousness of our Nation, but we have let only chance for members of the House to vote the death penalty or prosecutions for mur- complacency take the place of unity in the on a hate crimes bill in the 106th Congress. der. Rather, it recognizes that States retain face of unspeakable evil. It was difficult to Accordingly, I call upon my colleagues to primary responsibility for enforcing criminal imagine how in this day and age that two seize this opportunity and vote in favor of the laws against violent conduct. The provision white supremacists beat Byrd senseless, motion. requires that federal authorities consult chained him by the ankles to a pickup truck Mr. CONYERS. Mr. Speaker, I yield with state officials before initiating a federal and then dragged him to his death over three such time as he may consume to the prosecution and would not impose any re- gentleman from Guam (Mr. UNDER- strictions on the ability of state authorities miles of country back roads. to pursue whatever sanctions are available Since James Byrd Jr.'s death our Nation WOOD). pursuant to state law. has experienced an alarming increase in hate (Mr. UNDERWOOD asked and was Thank you for the opportunity to present violence directed at men, women and even given permission to revise and extend our views. The Office of Management and children of all races, creeds and colors. his remarks.) September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7531 Mr. UNDERWOOD. Mr. Speaker, I ute, it is not merely including sexual ground that a quorum is not present rise in strong support of the motion to orientation and disability in a list of and make the point of order that a instruct of the gentleman from Michi- existing Federal hate crime legislation. quorum is not present. gan (Mr. CONYERS) in the name of jus- It is changing fundamentally the way The SPEAKER pro tempore. Evi- tice and fairness. that the legislation operates to allow dently a quorum is not present. I would like to thank the gentleman from the Attorney General, whoever he or The Sergeant at Arms will notify ab- Michigan, Mr. CONYERS, for offering this mo- she might be, to reach out and preempt sent Members. tion to instruct Committee Conferees. I strong- a State lawsuit. The vote was taken by electronic de- ly support this motion which is based upon the There are definitely two sovereigns vice, and there were—yeas 196, nays Senate Hate Crimes Amendment introduced in play; but legally speaking, if the At- 227, not voting 10, as follows: by Senators EDWARD KENNEDY and GORDON torney General, motivated by headlines [Roll No. 470] or a disgust for the death penalty or SMITH. this amendment would: YEAS—196 Expand current hate crime laws to include whatever political reasons may exist in Aderholt Goodlatte Petri discrimination based on gender, sexual ori- an emotional, high profile case, can Archer Goodling Phelps entation and disability; stop that prosecution and do it in Fed- Armey Goss Pickering Allow federal authorities more jurisdiction in eral court, leaving the State to have to Bachus Graham Pitts clean up the mess later. And the ex- Baker Granger Pombo investigating and persecuting hate crimes; and Ballenger Green (WI) Portman Provide grants up to $100,000 to train local pense goes through the roof and the Barcia Gutknecht Radanovich law enforcement officials in identifying, inves- likelihood of that happening is zero. Barr Hall (TX) Ramstad tigating, prosecuting and preventing hate It allows too much authority in the Barrett (NE) Hansen Riley hands of the Attorney General with no Barton Hastings (WA) Rogan crimes, including hate crimes committed by ju- Bereuter Hayes Rogers veniles. Federal nexus like all the other Fed- Berry Hayworth Rohrabacher Such legislation is particularly important in eral statutes have. It does a terrible Bilirakis Hefley Roukema light of the rash of hate crimes committed in thing. It divides us based on the moti- Bliley Herger Royce vation of a perpetrator and the class of Blunt Hill (MT) Ryan (WI) recent months. Hate crimes, such as the Boehner Hilleary Ryun (KS) events in Pittsburgh, Pennsylvania, where one the victim, and the Columbine situa- Bonilla Hoekstra Salmon African American, one Jewish woman, and tion is the perfect situation, unfortu- Boyd Horn Sanford nately, to talk about this. Disturbed, Brady (TX) Hostettler Scarborough three Asian American men were killed on April Bryant Hulshof Schaffer 28, 2000, highlights the critical need for hate mean, hateful people who hated life, fo- Burr Hunter Sensenbrenner crimes legislation, not only for the Asian Pa- cused on jocks, focused on somebody Burton Hutchinson Sessions cific American Community, but for all Ameri- who was African American, focused on Buyer Hyde Shadegg a girl praying, killed them all. They Callahan Isakson Shimkus cans. Calvert Istook Shows This hate crimes amendment was patterned deserve to be prosecuted by the people Camp Jenkins Shuster after the Hate Crimes Prevention Act of 1999 in the community where it happened, Campbell John Simpson (H.R. 1082/S. 622). It enjoys the broad sup- and the Federal Government has no Canady Jones (NC) Skeen reason to get involved unless one can Cannon Kasich Skelton port of 175 civil rights, civic and law enforce- Chabot King (NY) Smith (MI) ment organizations, including the Organization show throughout the land that people Chambliss Kingston Smith (TX) of Chinese Americans, India Abroad Center such as that get away with it, and they Chenoweth-Hage Knollenberg Souder Coble LaHood Spence for Political Awareness, International Associa- do not. Mr. Speaker, I will tell my col- Coburn Largent Stearns tion of Chiefs of Police, Federal Law Enforce- Collins Latham Stenholm leagues, as someone was involved in ment Officers Association and Police Founda- Combest Lewis (CA) Stump the criminal law before I came to Con- Cook Lewis (KY) Sununu tion. gress, that if we create this system, if Cooksey Linder Sweeney As Chairman of the Congressional Asian we create this dynamic, we are going Costello Lipinski Talent Pacific American Caucus, I speak on behalf of Cox Lucas (KY) Tancredo to have a lot of mischievous behavior the national Asian Pacific American commu- Cramer Lucas (OK) Tanner out there where people are manufac- Crane Manzullo Tauzin nity in urging all members to support this mo- turing hate crimes because it is a bet- Cubin Martinez Taylor (MS) tion. Strengthening Hate Crime laws is a com- Cunningham McCrery Taylor (NC) ter deal if they can get in the Federal mon sense policy and step in the right direc- Davis (VA) McHugh Terry system, because they will not face the tion for all Americans. Deal McInnis Thomas death penalty, as the men who are in DeLay McIntyre Thornberry Again, I appreciate the opportunity to ad- Texas are facing the death penalty for DeMint McKeon Thune dress the Committee and urge all Members to Dickey Metcalf Tiahrt dragging the African American gen- support this motion to instruct. Doolittle Mica Toomey tleman to his death. Mr. GRAHAM. Mr. Speaker, I yield Dreier Miller (FL) Traficant Please, look at what we are doing Duncan Miller, Gary Vitter myself such time as I may consume. here today. Do not divide America. Dunn Moran (KS) Walden One thing will happen when this is Ehrlich Myrick Wamp Stand up for the 14th amendment the Emerson Nethercutt Watkins over. There will not be hate between way it was written for all of us, and us. We will come together, and we will English Ney Watts (OK) make sure the Federal Government, be- Everett Northup Weldon (FL) work together where we can, and we cause of headline-grabbing Attorney Ewing Norwood Weller Fletcher Nussle Whitfield will disagree when we have to. Generals in the future, regardless of I want to clear up the RECORD the Fossella Ose Wicker party, cannot come and destroy our Fowler Oxley Wilson best I can and explain what my motion communities’ abilities to heal their Ganske Packard Wolf does what I think is very needed. One, Gekas Paul Young (AK) wounds and to deal with their bad ac- Gibbons Pease Young (FL) there is no objective evidence that the tors and to create justice the way it Committee on the Judiciary or anyone Gillmor Peterson (MN) sees fit in its backyard. Goode Peterson (PA) else, as we see, that the States are ig- The SPEAKER pro tempore (Mr. NAYS—227 noring violent assaults based on peo- SIMPSON.) Without objection, the pre- ple’s race, sex, gender, national origin, Abercrombie Biggert Capuano vious question is ordered on the mo- Ackerman Bilbray Cardin religion or disability. There is no tion. Allen Bishop Carson State, there is no repeated pattern of There was no objection. Andrews Blagojevich Castle where one gets to pound on a par- The SPEAKER pro tempore. The Baca Blumenauer Clay ticular group and nobody does any- Baird Boehlert Clayton question is on the motion to instruct Baldacci Bonior Clement thing about it. That is a fallacy. offered by the gentleman from South Baldwin Bono Clyburn Let me tell my colleagues about the Carolina (Mr. GRAHAM). Barrett (WI) Borski Condit legal consequences of what we are The question was taken; and the Bartlett Boswell Conyers Bass Boucher Coyne about to do in my opinion, and my col- Speaker pro tempore announced that Becerra Brady (PA) Crowley leagues need to read the statute them- the ayes appeared to have it. Bentsen Brown (FL) Cummings selves. This allows the Federal Attor- Mr. FRANK of Massachusetts. Mr. Berkley Brown (OH) Danner ney General, unlike the current stat- Speaker, I object to the vote on the Berman Capps Davis (FL) H7532 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Davis (IL) Kilpatrick Price (NC) On the Journal (Rollcall No. 465), I would the ugly, horrible crimes that are com- DeFazio Kind (WI) Pryce (OH) DeGette Kleczka Quinn have voted ``yea.'' mitted against people simply because Delahunt Klink Rahall On H.R. 4810, (Rollcall No. 466), the veto of who they are. DeLauro Kolbe Rangel override of the Marriage Penalty Act, intro- Matthew’s mother called on our Con- Deutsch Kucinich Regula duced by the gentleman from Texas, Mr. AR- gress to act. She called on all of us Diaz-Balart Kuykendall Reyes Dicks LaFalce Rivers CHER, I would have voted ``nay.'' here to take a stand against hate, to Dingell Lampson Rodriguez On H.R. 4986 (Rollcall No. 467), Foreign renew a few simple principles into our Dixon Lantos Roemer Sales Corporation Repeal and Extraterritorial laws, principles that say so much about Doggett Larson Ros-Lehtinen who we are and what we believe. Dooley LaTourette Rothman Income Exclusion Act of 2000, introduced by Doyle Leach Roybal-Allard the gentleman from Texas, Mr. ARCHER, I This bill is critical in so many ways. Edwards Lee Rush would have voted ``nay.'' It gives law enforcement officers at all Ehlers Levin Sabo On H. Con. Res. 327 (Rollcall No. 469), levels of government the tools they Etheridge Lewis (GA) Sanchez Evans LoBiondo Sanders honoring the service and sacrifice during peri- need to deal with horrible acts of hate- Farr Lofgren Sandlin ods of war by members of the U.S. Merchant based violence. Fattah Lowey Sawyer Marine, introduced by the gentleman from It sends a message to the world that Filner Luther Saxton crimes committed against people be- Foley Maloney (CT) Schakowsky California, Mr. KUYKENDALL, I would have Forbes Maloney (NY) Scott voted ``yea.'' cause of who they are, that these Ford Markey Serrano On H.R. 4205 (Rollcall No. 470), instructions crimes are particularly evil, particu- Frank (MA) Mascara Shaw to conferees on the Department of Defense larly offensive. It says that these Franks (NJ) Matsui Shays crimes are committed, not just against Frelinghuysen McCarthy (MO) Sherman authorization bill, offered by the gentleman Frost McCarthy (NY) Sherwood from South Carolina, Mr. GRAHAM, I would individuals, not just against a single Gallegly McCollum Sisisky have voted ``nay.'' person, but against our very society, Gejdenson McDermott Slaughter against America. Gephardt McGovern Smith (NJ) f Gilman McKinney Smith (WA) These crimes strike fear into the Gonzalez McNulty Snyder MOTION TO INSTRUCT CONFEREES hearts of others because they are Gordon Meehan Spratt ON H.R. 4205, FLOYD D. SPENCE meant to intimidate, to harass, to Green (TX) Meek (FL) Stabenow NATIONAL DEFENSE AUTHORIZA- menace. When an angry man, a trou- Greenwood Meeks (NY) Stark Gutierrez Menendez Strickland TION ACT FOR FISCAL YEAR 2001 bled man shot up a Jewish community Hall (OH) Millender- Stupak Mr. CONYERS. Mr. Speaker, I offer a center in Los Angeles, wounding teach- Hastings (FL) McDonald Tauscher ers and students in a place that was Hill (IN) Miller, George Thompson (CA) motion to instruct conferees on H.R. Hilliard Minge Thompson (MS) 4205. supposed to be a sanctuary of protec- Hinchey Mink Thurman The SPEAKER pro tempore (Mr. tion, the man said that he had shot at Hinojosa Moakley Tierney SIMPSON). The Clerk will report the these children because he wanted to Hobson Mollohan Towns send a message. He wanted to send a Hoeffel Moore Turner motion. Holden Moran (VA) Udall (CO) The Clerk read as follows: wake-up call to America to kill Jews. Holt Morella Udall (NM) Today, with this bill, we reject that Mr. CONYERS moves that the managers on Hooley Murtha Upton the part of the House at the conference on message in the most powerful, most Houghton Nadler Velazquez forceful way that we can. Today, we as Hoyer Napolitano Visclosky the disagreeing votes of the two Houses on Inslee Neal Walsh the Senate amendment to the bill H.R. 4205 a society can say that we will do every- Jackson (IL) Oberstar Waters be instructed to agree to the provisions con- thing we can to protect people from Jackson-Lee Obey Watt (NC) tained in title XV of the Senate amendment. these heinous acts, that we will not (TX) Olver Waxman Jefferson Ortiz Weiner The SPEAKER pro tempore. Pursu- rest until America is free of this vio- Johnson (CT) Pallone Weldon (PA) ant to the rule, the gentleman from lence. Johnson, E.B. Pascrell Wexler Michigan (Mr. CONYERS) and the gen- This bill honors the victims of hate Jones (OH) Pastor Wise crimes, and it recalls their memory. It Kanjorski Payne Woolsey tleman from Arkansas (Mr. HUTCH- Kaptur Pelosi Wu INSON) each will be recognized for 30 honors the memory of James Byrd who Kelly Pickett Wynn minutes. was dragged to death behind the pickup Kennedy Pomeroy The Chair recognizes the gentleman truck because the killers did not like Kildee Porter from Michigan (Mr. CONYERS). the color of his skin. It honors Mat- NOT VOTING—10 thew Shepherd who was beaten with b 1445 Engel Lazio Vento the butt of a gun and tied to a fence Eshoo McIntosh Weygand Mr. CONYERS. Mr. Speaker, I am post and left to die in freezing weather Gilchrest Owens Johnson, Sam Reynolds pleased to yield 3 minutes to the gen- because he was gay. It honors Ricky tleman from Missouri (Mr. GEPHARDT), Byrdsong, a former basketball coach at b 1443 the minority leader of the House, to my alma mater, Northwestern, who Messrs. ANDREWS, MOORE, begin the debate on the motion to in- was gunned down on the street because FRANKS of New Jersey, and REGULA, struct on this most important vote on he was black. It honors not only those Ms. SLAUGHTER, Ms. RIVERS, and civil rights in this session of Congress. victims, not just the high profile Ms. DANNER changed their vote from (Mr. GEPHARDT asked and was crimes, it honors all the people whose ‘‘yea’’ to ‘‘nay.’’ given permission to revise and extend lives have been scarred by these acts, Mr. LEWIS of California and Mr. his remarks.) the victims who do not always make ARCHER changed their vote from Mr. GEPHARDT. Mr. Speaker, I rise the headlines. ‘‘nay’’ to ‘‘yea.’’ in strong support of the Conyers mo- The hate crimes that we do not hear So the motion to instruct was re- tion, a motion that is in keeping with about deserve our strong response jected. the best of our national traditions. today. So today, let us take a stand The result of the vote was announced First, let me say that I am very glad against violence. We are voting to dedi- as above recorded. that we are finally at long last having A motion to reconsider was laid on cate our national resource, to bring the the table. this debate, a debate that allows us to strongest laws that we have to bear Stated against: express our feelings, our passion on one against the most sinister thing that we Mrs. ROUKEMA. Mr. Speaker, on Rollcall of our most important and greatest pri- know. The Conyers motion is the only No. 470 I inadvertently pressed the ``yea'' but- orities. motion that will strengthen our exist- ton. I intended to vote ``nay.'' Yesterday, I stood outside of this ing laws, that will strike a real blow f marvelous building on the lawn just a against hate. few feet from our rotunda, and I lis- Let me say this is a bipartisan effort. PERSONAL EXPLANATION tened to Judy Shepherd talk about the There is nothing partisan in this effort Mr. OWENS. Mr. Speaker, this morning, I murder of her son Matthew. Judy Shep- today. Republicans and Democrats are was unavoidably absent on a matter of critical herd talked about the pain of losing a joining together. This issue transcends importance and missed the following votes: child to senseless violence and about politics. It challenges us to look into September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7533 ourselves, to search our humanity and So I urge each and every one of my how this conduct of targeting minority pass a law that I guarantee my col- colleagues today to support the Con- groups or special groups because of a leagues will go down in the history yers motion, and let us give this the bi- certain characteristic is intolerable in books. partisan support that it deserves, the our society; and I agree with that com- Virtually every major accomplish- bipartisan support that it received in pletely. ment that we pass ever in the history the other body. In fact, when I was a United States of this body has been bipartisan. This Mr. HUTCHINSON. Mr. Speaker, I Attorney, I had the responsibility that law, like the Civil Rights Act of 1965, yield myself such time as I may con- I did not ask for of prosecuting a hate will be a bipartisan blow against hate sume. group. That group was known as The and violence. Mr. Speaker, I rise in respectful op- Covenant, the Sword and the Arm of This is a great country. We are so position to the motion to instruct con- the Lord. It was in northern Arkansas. wealthy. But our greatest moments are ferees. I think it is important to re- It was in my district. not when we produce material wealth. member at this juncture that this pro- That group, led by James Ellison, Our greatest moments are when we as vision is attached to the Defense au- had targeted homosexuals. It had tar- a people manage in the face of horrible thorization bill, and this is the Ken- geted minorities from Jewish Ameri- tragedy to rise up to come together to nedy hate crimes legislation. It was cans to African Americans. They had take a simple stand for basic decency. not part of the House package. It was blown up a Jewish synagogue in Mis- Give us this motion. Give us this law. not considered in the House. I say that souri. They had killed a pawnshop Bring America up, rising up against ha- because I know that we do that in this owner in Texarkana, Arkansas, because tred and against violence. body, where something is considered in they perceived that he was Jewish. It Mr. CONYERS. Mr. Speaker, it is my the Senate, it is considered in the con- was clearly a hate group. It was a hate pleasure to yield 3 minutes to the gen- ference; but it certainly is something group that had violated the law. tleman from Michigan (Mr. BONIOR), that has not been considered and de- I prosecuted that group. At the same the minority whip of the House. bated in this body. I think that makes Mr. BONIOR. Mr. Speaker, I thank time I prosecuted them, they had tar- the gentleman from Michigan (Mr. a difference as we consider this motion geted my family for assassination. So I to instruct. know something about hate groups. I CONYERS) for his leadership and others Let me first look at what this Ken- for their leadership on this. I commend certainly have not been the victim of nedy amendment in the Defense au- the gentleman from Missouri (Mr. GEP- racial discrimination; I would never thorization bill provides. It is the hate HARDT), our leader, for his statement. say that. But I know about hate This motion and this proposition re- crimes amendment. It is what the mo- groups. ceived a strong bipartisan vote in the tion to instruct binds this body to sup- From that experience, I see how United States Senate. It is time that it port in the conference. It, first of all, wrong they are for society. I see the received the same kind of bipartisan expands the protected groups to in- poison they are for the new generation support in this House. clude gender, sexual orientation, or coming up. We should do everything in Now, we understand that no act of disability. our society that is appropriate, that we Congress can ever outlaw bigoted Now, what is important to remember can stand against this. We should thoughts. But we also understand that, is that we already have a Federal speak out against it. We should express when hateful thoughts turn into hate- crime. There is a Federal crime to outrage by it and prosecute them to ful deeds, the Congress must act and interfere with anyone’s exercise of a the fullest extent of the law. act decisively. That is why this legisla- federally protected activity. This could I would personally love to be a pros- tion is so necessary. be voting, this could be traveling, ecutor that would go from jurisdiction Today, even though the rate of most interstate commerce, exercising any to jurisdiction prosecuting hate groups violent crimes is decreasing, the num- number of federally protected rights. and those that engage in hate crimes. I ber of hate crimes is still alarmingly It is a Federal crime if those rights think we have to do that. high. The FBI reported that, over the are interfered with because of race, be- So with that background, I want to course of 1 year alone, in 1997, more cause of color, because of religion or say that targeting any group because than 8,000 hate crimes were reported in ethnicity. So that is the current state of race, gender, sexual orientation, re- this country. We have just heard exam- of the law. The Kennedy amendment ligion, or disability should not be toler- ples of them from our leader. would expand those protected rights to ated in any civilized society. But it We have seen houses of worship burn, include other categories, as I men- should most certainly not be tolerated small children attacked, men and tioned, gender, sexual orientation, and in the freest country in the world, the women murdered, murdered for their disability. United States of America. religion, murdered because of their The second point that needs to be But then we come back to the first ethnicity, murdered because of their made about the Kennedy amendment is question, and that is, is this expansion gender, murdered for a whole host of that it makes it a Federal hate crime, of Federal jurisdiction constitutional? and it creates the Federal hate crime reasons. For every act we hear about, b 1500 every assault that is reported, there and expands it without the require- are many that pass unnoticed. ment of a federally protected activity. We are all aware of the warnings that In fact, in my congressional district, This is a significant difference from have been given by the United States just this last week, I learned of a man the current law. What we need to re- Supreme Court. We recall the Lopez de- who was beaten so severely in an at- member is that this is a significant, cision, which arose out of our expan- tack that he lost seven of his teeth and substantial expansion of Federal juris- sion of Federal criminal jurisdiction to was hospitalized as a result of the beat- diction over crime in our country. guns being found in school zones and ing. The reason was the fact that he It is not always wrong to expand Fed- we said that ought to be a Federal was gay. eral jurisdiction. As has been pointed crime. The United States Supreme But despite their frequency and the out, we have done that from time to Court said, but even these modern-era fact that these crimes are intended to time in this body. But whenever we ex- precedents which have expanded Con- terrorize millions of Americans, too pand Federal jurisdiction, we should gressional power under the Commerce many in the law enforcement field lack ask some basic questions. First of all, clause, confirm that that power is sub- the legal authority it takes to inves- is this expansion constitutional? That ject to outer limits. tigate and to prosecute them. That is is the responsibility we have. Secondly, The court has warned that the scope why this legislation is important. That if it is constitutional, is it necessary? of the interstate commerce power must is what this legislation does. It cor- Is there such a gap in the current law be considered in the light of our dual rects that inadequacy. that this expansion is required? So we system of government and may not be We cannot outlaw hatred, Mr. Speak- want to talk about those particular extended so as to embrace effects upon er. We have a moral responsibility to questions. interstate commerce, and they con- stand up for those who could be its vic- But before I do, I want to address tinue to warn the Congress of the tims. what the minority leader spoke about, United States to be careful that we do H7534 CONGRESSIONAL RECORD — HOUSE September 13, 2000 not effectually obliterate the distinc- That is appropriate. But that is a dif- ultimately after we debate this that tion between what is national and what ferent scheme than making a special the answer is yes, yes and we need to is local and create a completely cen- Federal statute that would give special do this, but is the appropriate time to tralized government. That is a warning protection to certain groups. consider it in a conference report by the United States Supreme Court. The second thing I would point out, which is not being considered by the They also said in another case, we is it necessary, is what are the States House? are also familiar with, in United States doing in the current prosecutorial In fact, we are instructing the con- v. Morrison, something I believe in, scheme? ferees to go to this particular Kennedy which is an expansion of the Violence The minority leader mentioned the proposal when in fact there is also the Against Women Act, to create a civil cries of the mother of Matthew Hatch proposal. Senator HATCH offered cause of action for criminal conduct Shepard, calling that this is not to be a proposal that was adopted as well and that was engaged in because of some- tolerated in our society and how we it addresses hate crimes, but it does it one’s gender, which allowed them to should honor the victims of violence. in this way: it creates more funding for bring a civil lawsuit. And we should honor them. But in Mat- the States and their prosecution of The court struck that law down, as thew Shepard’s case, a homosexual col- hate crimes, so it gives more resources well, and said, ‘‘The Constitution re- lege student, as my colleagues know, and grants to the States. quires a distinction between what is that was murdered in Laramie, Wyo- The second thing it does, in a very truly national and what is truly local,’’ ming, it was a State court prosecution thoughtful way, is that it creates a obviously citing the Lopez case, ‘‘and in which one the defendants pled guilty study to examine the efficacy of the recognizing this fact, we preserve one and got two consecutive life sentences. current law. Do we really need it? Is it of the few principles that has been con- They might create a Federal hate necessary? And this is another ap- sistent since the clause was adopted, crimes statute that they will not get proach. the regulation and punishment of any more than that. And the other So I would say, let us do not bind our intrastate violence that is not directed could be facing the death penalty when conferees that they have to go a par- at the instrumentalities, channels, or it is tried in October. ticular direction. There are other op- goods involved in interstate commerce Another one, the murder of James tions that should be considered. has always been the province of the Byrd, a horrendous crime in Texas tar- So, my fellow colleagues, I believe States.’’ geting an African American, it was a that there are some important ques- So clearly, we have some warnings State prosecution in which the jury tions that say let us do not adopt this from the Supreme Court. Is it constitu- gave death by injection rather than life binding motion to instruct our con- tional? They have raised some ques- in prison. And so, it was the ultimate ferees. tions about it. punishment that was meted out in this Finally, I think there is an issue of The Washington Post, not exactly a case under a State prosecution. fairness that troubles some people. conservative journal, editorialized and In Alabama there was a slaying of Should certain groups in America when said, ‘‘rape, murder and assault, no Billy Jack Gaither, who was beaten to it comes to crimes of violence be enti- matter what prejudice motivates the death and then burned by kerosene- tled to greater resources in investiga- perpetrator, are presumptively local soaked tires. The men who murdered a tion and different laws in the prosecu- matters in which the Federal Govern- homosexual over unwanted advances, tion than other groups? This is funda- ment should intervene only when it has that perpetrator will avoid the death mental. It is difficult because we all a pressing interest. The fact that ha- penalty only because the family re- know that there is a problem in our so- tred lurks behind a violent incident is quested that the death penalty be ciety when we target minority groups not, in our view, an adequate Federal waived. That was a State prosecution. or groups that are targeted because of interest.’’ A constitutional warning by I could go on and on in which State disability or any other reason. They the Washington Post. prosecutions have been successful not should be punished to the full extent of So certainly there should be some in 40 years, not in 50 years, but in the the law, and we need to send a signal to questions about is this the right direc- maximum penalty in these particular our society that it is not tolerable. But tion to go constitutionally. Secondly, cases. there are ways to send that signal rath- even if we say that it is, is it nec- True, and I am delighted, that in er than considering a massive expan- essary? many of those instances Federal re- sion of Federal jurisdiction. I would point out, and I am pleased sources have been devoted to make My colleagues, these are serious with this, that our Federal sentencing sure that they were able to obtain the issues and I do not believe the right guidelines, based upon the direction conviction of the perpetrator. place to approach it would be in the given by the United States Congress, Finally, I would point out the testi- conference. We need to come back and they have enhanced the penalties for mony of a judge who testified in the sort through each of these, as the Su- hate crimes, but they have done it Senate Committee on the Judiciary on preme Court has directed. after the conviction when it is appro- this particular bill. In this case it was So I would ask my colleagues to op- priate to consider the targeting of a Judge Richard Arcara who testified in pose the motion to instruct. minority group as a factor in increas- opposition to the hate crimes legisla- Mr. Speaker, I reserve the balance of ing penalties. tion; and he stated, ‘‘The issue is not my time. This is what the Federal sentencing whether we are for or against the pros- Mr. CONYERS. Mr. Speaker, I yield guidelines says: ‘‘If the finder of fact at ecution of hate crimes. All decent, myself 30 seconds. trial, the court at sentencing, deter- right-thinking people abhor hate Mr. Speaker, my friend from Arkan- mines beyond a reasonable doubt that crimes. The real issue before you is sas (Mr. HUTCHINSON) mentioned the the defendant intentionally selected whether the acts of violence covered by Laramie, Wyoming tragedy with Mat- any victim or any property as the ob- the proposed statute, which are already thew Shepard. ject of the offense of conviction be- criminal offenses under State law and Yesterday, here on the Hill, the po- cause of the actual or perceived race, which may already be Federal crimes lice chief of Laramie, Wyoming, joined color, religion, national origin, eth- as well, are not being adequately pros- us in support of our hate crimes pre- nicity, gender, disability, or sexual ori- ecuted and punished at the present vention act. He met with us yesterday. entation of any person, the penalty time.’’ I might point out that the National should be increased by three levels.’’ In other words, why is a new Federal Sheriffs Association supports this mo- And, as we all know, that is a signifi- statute needed? tion to instruct and the International cant increase in the amount of time And so again the question, is it con- Association of Chiefs of Police supports that they would be incarcerated. stitutional; and secondly, if it is, is it this motion to instruct. So the current state of the law is necessary under the present cir- Mr. Speaker, I yield 11⁄2 minutes to that the targeting of these special cumstances? the gentleman form Missouri (Mr. groups is a significant Federal factor in The reason I bring these questions up Skelton), the ranking member from enhancing punishment. That is right. is that my colleagues might conclude the Committee on Armed Services. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7535 Mr. SKELTON. Mr. Speaker, I thank highly prejudicial and inflammatory to munity that each victim represents. the gentleman for yielding me the the jury. Wyoming is a long way from Wis- time. Recent reviews of death penalty consin. Yet in the days and months Mr. Speaker, I rise in support of the cases have revealed that many defend- that followed the murder of Matthew Conyers motion. ants who are factually innocent are Shepard, I looked into many fear-filled Our Nation has seen far too many convicted anyway. Telling a jury that faces and tear-filled eyes in my own cases of violent criminal acts related a defendant belongs to an unpopular community. These crimes do strike to prejudice, bigotry, and intolerance. organization only increases the chance terror throughout the Nation. Recently, the Federal Bureau of Inves- that the jury will decide the case based Yesterday, I met Commander David tigation has reported a significant on emotion rather than the evidence. O’Malley. He was the investigator in number of cases involving violence di- Evidence of motivation behind the Laramie, Wyoming, and he came to rected against a member of a religious, crime ought to include something in Washington to support our passage of ethnic, disabled, race-based, or gender- addition to mere membership in an or- this motion. He said two things: one is specific association. Statistics show ganization or beliefs. that in starting out the investigation that nearly 8,000 such acts of violence In addition to the constitutional, Mr. he really did not believe that hate have occurred annually since 1994. Speaker, the provisions of the bill ap- crimes existed but, boy, did he learn Society cannot and should not tol- parently allow a person guilty of what during the course of his investigation erate the cowardly, mean-spirited, and would ordinarily be simple assault and that these are specific crimes, and he hateful acts that we call hate crimes. battery to receive a 10-year sentence if urged us to pass this motion. Indeed, such hate-based acts have a they can prove the appropriate motiva- Mr. CONYERS. Mr. Speaker, I yield 3 deeper impact on society other than tion. minutes to the gentleman from Florida crimes. They are injurious to the com- Mr. Speaker, this motion to instruct (Mr. MCCOLLUM), the chairman of the munity and are often committed by of- conferees is aimed at a Defense author- Subcommittee on Crime of the Com- fenders affiliated with large, extended ization bill that will be considered not mittee on the Judiciary. groups operating across State lines. by the Committee on the Judiciary, Mr. MCCOLLUM. Mr. Speaker, I From my own observation, having which ordinarily considers constitu- thank the gentleman from Michigan been with numerous people who have, tional and criminal law implications in (Mr. CONYERS) for yielding me this unfortunately, sustained physical dis- a bill, if we had considered the provi- time. ability, I have witnessed the ugly face sions in the Committee on the Judici- Mr. Speaker, hate crimes are just of discrimination. I personally know ary, we could have considered the ap- plain wrong. They are crimes against the pain resulting from malicious acts propriate amendments to deal with the an individual committed by somebody and bigotry as it relates to disabilities. admission of evidence and could have principally or solely because of race, I wish to stress this point. ensured that the provisions were more religion, sexual orientation. They are As a former State prosecuting attor- proportional for the crime committed. committed not against the individual ney, I do not view this proposal lightly. To address these issues, I have sent a so much as against a class of people, Although the ability to prosecute letter to the chairman of the Sub- and they tear at the very fabric of our crimes against individuals exists committee on Crime asking that he society because they do that. today, the Senate bill would provide immediately schedule a hearing on I cannot think of a more heinous prosecutors with more tools with hate crime legislation so that we can crime that deserves any greater pun- which to fight crimes in which bias, consider these issues in an intelligent ishment than a crime committed for prejudice, and discrimination are moti- and thorough manner. that reason. That is why for a long vating factors. This is a very important piece of leg- time I have been a supporter of hate I urge my colleagues to support the islation. We need hate crime legisla- crimes legislation that is now before us Conyers motion to instruct. tion, but it has to be done right. in this fashion today and why I strong- Mr. HUTCHINSON. Mr. Speaker, I re- I will be voting for the amendment, ly urge my colleagues to support this serve the balance of my time. with those reservations. effort to instruct conferees in the only Mr. CONYERS. Mr. Speaker, I am de- way that we can achieve this goal of b 1515 lighted now to yield 21⁄2 minutes to the putting into law a Federal provision gentleman from Virginia (Mr. SCOTT), Mr. HUTCHINSON. Mr. Speaker, I re- that is overdue and needed in this case. the ranking subcommittee member serve the balance of my time. I can say not only about the Matthew that has handled this subject matter. Mr. CONYERS. Mr. Speaker, I yield Shepards of the world but I can say Mr. SCOTT. Mr. Speaker, I thank the 11⁄2 minutes to the gentlewoman from about cases in my own State, a young gentleman for yielding me the time. Wisconsin (Ms. BALDWIN), a distin- woman named Jody Bailey just last Mr. Speaker, I will be voting in favor guished member of the Committee on year, 20 years old, an African American of the advisory motion to the conferees the Judiciary. shot to death simply because of her on the Defense authorization bill, but I Ms. BALDWIN. Mr. Speaker, I rise in race, because she was dating a white do so with some reservations. strong support of this motion. This person, bullets pumped into her car and I am in full support of legislation to provision would strengthen a Federal she was killed for that reason alone. A punish hate crimes. Those crimes ter- hate crimes statute that has been on young girl 6 years old, Ashley Mance, rorize our community and they are dif- the books for over 30 years. The 1968 killed because a skinhead thought it ferent from other crimes, and they law already covers hate crimes com- was her race and it was not against her should be prosecuted vigorously and mitted on the basis of race, religion, but against her race that he shot her. punished more severely. color, or national origin. This provi- We had another case in my home However, as we enact hate crime leg- sion would add coverage for victims State involving several teenage men islation, we have to be careful to do so targeted for violence by virtue of their who killed a man brutally simply be- without impugning First Amendment sexual orientation, gender, or dis- cause he made a pass at them. That is freedoms and at the risk of skewing or- ability. wrong. That is not right, and the Fed- dinary criminal penalties. We hear from opponents that every eral law needs to be guaranteeing that Hate crime provisions adopted by the crime is a hate crime; that every act of somebody is prosecuted and given extra Senate in its Defense authorization bill violence is an act of hate, but since the punishment on top of the underlying appear to allow evidence of mere mem- founding of our country our judiciary crime and the underlying punishment bership in an organization and mere be- system has weighed the element of in- if one commits a crime principally for liefs to be introduced in prosecutions tent in evaluating the severity of that reason; just as we have laws that for activities described in those provi- crime. say if someone commits a crime with a sions. We should have an amendment The thing that distinguishes hate gun they get extra punishment on top to prohibit the use of such evidence be- crimes from other crimes is that hate of their underlying sentence for the un- cause allowing introduction of mere crimes are intended to terrorize both derlying crime because it was com- membership in an organization may be the crime victim and the entire com- mitted with a gun. H7536 CONGRESSIONAL RECORD — HOUSE September 13, 2000 I support both. I think they are rea- this measure, if it is enacted, it will Hate Crimes Statistics Improvement sonable messages and necessary mes- continue that same status quo. All this Act, that requires the FBI to gather sages to be sent out there. Unfortu- legislation will do is to ensure, when statistics about gender-based hate nately, even though most States have local authorities request assistance, or crimes as well. hate crimes laws there are a few that are unable or unwilling to act, Federal This is an incredibly important mo- do not, and in those States that do not law enforcement agencies will have the tion. We must all support it. It is im- have hate crime laws that enhance ability to come to their aid. That is portant. these punishments for crimes solely or why the sheriffs of this country and the Mr. HUTCHINSON. Mr. Speaker, I re- principally because of race or religion chiefs of police in this country support serve the balance of my time. or sexual orientation or gender or dis- this legislation. Mr. CONYERS. Mr. Speaker, I yield 1 ability, I believe in those States that Support the motion. minute to the gentlewoman from Indi- do not have them or in those States Mr. CONYERS. Mr. Speaker, I yield 1 anapolis, Indiana (Ms. CARSON). where they are there and some law en- minute to the gentlewoman from (Ms. CARSON asked and was given forcement officer for whatever reason Maryland (Mrs. MORELLA), a leader in permission to revise and extend her re- chooses not to prosecute, Federal pros- the Violence Against Women Act. marks.) ecutors should have that authority; Mrs. MORELLA. Mr. Speaker, I Ms. CARSON. Mr. Speaker, I thank and that is what this provision gives thank the gentleman from Michigan the gentleman from Michigan (Mr. them. (Mr. CONYERS) for yielding. I thank CONYERS) on his motion to instruct the That is what the Kennedy provision, him for offering what is an important conferees on H.R. 4205, urging us to the Conyers provision gives them, one I motion to instruct the conferees in the adopt the Senate provisions on hate support strongly. DOD bill. crimes, and I would certainly like to It also is true that this legislation This, of course, was a separate bill to applaud those who have spoken in this provides money, a grant program, to begin with. We do not have time to try effort prior to the time that I have help assist those law enforcement com- to pass a separate bill. It is critically been here. munities that do have their own hate important that this Congress indicate Unfortunately, because leadership crimes laws to enforce them. There their belief that hate crimes will not be has had a strange hold on hate crimes should be a clear and unequivocal mes- tolerated and we will use all of the re- legislation preventing its advancement sage sent to anybody out there re- sources available to make sure that in the House, I am questioning what it motely contemplating a crime because that is the case. is that we are waiting for. I spoke at a they hate somebody because of their Hate crimes are different from other vigil down the street at the Senate race, their religion, their sexual ori- crimes. For example, just think of the Park a couple of months ago on behalf entation. If they commit such a crime, situation of Matthew Shepard, Tony of the family of Arthur Warren, AKA they are going to get punished for a Orr, Timothy Beauchamp, James Byrd, Jr., J.R., who was beaten by two 17- very, very long time; and there is a the Jewish Day Care Center in Los An- year-olds who had confessed to that special place for them in the Federal geles. They affect not only the victim first degree murder but a trial has not prisons if the States do not do it. but an entire community. yet begun. Arthur was 26 years old. He Mr. Speaker, I strongly support the The House Committee on the Judici- was gay. He was beaten and ran over legislation before us and the motion to ary held hearings back in August. The twice, several times, with an auto- instruct conferees, and I encourage all need has been there. We are all Ameri- mobile and then taken across town and of my colleagues to support it. cans. We cannot tolerate bigotry or dumped out in the street. Mr. HUTCHINSON. Mr. Speaker, I re- hate in any way at all, and it is very This motion to instruct conferees is a serve the balance of my time. important that we do pass this motion vital effort, and if there is anything Mr. CONYERS. Mr. Speaker, I yield to instruct the conferees and show that that this Congress should do prior to 11⁄2 minutes to the gentleman from we are Americans and we do care about the adjournment, it would be to adopt Massachusetts (Mr. DELAHUNT), himself each other. the motion to instruct conferees of the a prosecutor and member of the Com- So I ask this body to support it. gentleman from Michigan (Mr. CON- mittee on the Judiciary. Mr. CONYERS. Mr. Speaker, I yield 1 YERS). Mr. DELAHUNT. Mr. Speaker, my minute to the gentlewoman from New Mr. CONYERS. Mr. Speaker, I yield friend, the gentleman from Arkansas York (Mrs. MALONEY). 11⁄2 minutes to the gentlewoman from (Mr. HUTCHINSON), asked, Is this legis- (Mrs. MALONEY of New York asked New York (Mrs. LOWEY). lation necessary? And he points to the and was given permission to revise and (Mrs. LOWEY asked and was given murder of Matthew Shepard in Wyo- extend her remarks.) permission to revise and extend her re- ming who died for no other reason Mrs. MALONEY of New York. Mr. marks.) other than he was gay, and to James Speaker, I rise in strong support of this Mrs. LOWEY. Mr. Speaker, I rise in Byrd in Texas who died for no reason motion. We have waited much too long support of this motion to instruct con- than because he was black, and I would to strengthen hate crime laws. This ferees. The American people have wait- add Joseph Ileto of California who died motion will expand the definition to ed far too long for the passage of com- for no other than reason other than he include crimes motivated by gender, prehensive hate crimes legislation, and was Asian. Is there a need? I submit sexual orientation, and disability we have an important opportunity there is a clear need. among the list of crimes considered as today to show our support for this ini- When such actions take place in hate crimes. If criminals are motivated tiative. Each day we hear stories of other countries, when individuals are by bias, then prosecutors should have hate groups actively recruiting mem- persecuted because of their identity, the ability to seek a higher penalty. bers in our communities, often mask- whether it be racial or religious, our I feel strongly about this because ing their hatred with religion. These law, the United States law, recognizes earlier this year over 50 women were groups incite the enmity and violence this is no ordinary crime and grants beaten, surrounded, robbed, stripped in which tear at the very fabric of our so- them a remedy. We entitle them to pe- Central Park in my district. There is ciety. The good news is that some tition for asylum. Why would we do one thing all these victims had in com- States, like New York, have finally re- less to protect our own citizens from mon. They were from different coun- sponded decisively to the destructive the very same crimes? tries, different ages, different races and forces of hate-based violence. The bad Is there a need? Yes, there is a need. religions but all of them were women. news is that Congress has consistently Some have said we should not pass this The mob went after these victims sim- squandered the opportunities we have law because hate crimes are a local ply because they were women. had to address this phenomenon, drag- matter. Well, I agree, and I know that Hate crimes create a climate of fear ging our feet while senseless hatred de- the authors of this legislation, this mo- that keep a particular class of people stroys communities throughout the tion, also agree. The vast majority of from participating fully in society. As country. those crimes are investigated and pros- Americans, we cannot let this stand. It is past time to hear the cries and ecuted at the State and local level. In This motion also includes my bill, the appeals of the victims of hate crimes September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7537 and their families. We need to pass a proach, and the direction that we are a murder case. My client was an Afri- Federal hate crimes law and give law going to go in our Federal law enforce- can American who was facing the death enforcement officers the tools they ment. penalty. Shortly, thereafter I switched need to fight these crimes. We need to And I just wanted to say that I agree sides in a courtroom and began pros- pass comprehensive gun safety legisla- with much of what is being said today, ecuting criminal cases and handled tion, to keep dangerous firearms out of and the terribleness in our society of some 16 death penalty cases through- the hands of people who will perpetrate crimes against particular groups. I out the State of Missouri. hate-based violence. We need to invest think it is just simply a matter of a I have heard these very powerful in the education of our children to different approach that I would take, testimonials from all Members, includ- teach them by example to embrace the and we need to look at this very, very ing my colleague, the gentleman from diversity of our society. We need to carefully. Missouri, who spoke at the beginning find a way within constitutional Mr. Speaker, I reserve the balance of in favor of Mr. CONYERS’ motion. I, too, bounds to diminish the damaging ef- my time. have held the hands of family members fects of hate speech in our commu- Mr. CONYERS. Mr. Speaker, I yield 1 who have been murdered, the mothers nities; and we need to do it now, before minute to the gentleman from New and wives as we waited for juries to re- one more person among us has to York (Mr. CROWLEY). turn with their verdicts, and wondering mourn the loss of a loved one to a Mr. CROWLEY. Mr. Speaker, I rise whether or not the State’s cases pre- senseless hate crime. Inaction in the today in strong support of the Conyers vail and often they did. face of this tragic, dangerous trend is motion to instruct conferees on the De- But I agree also with the gentle- indefensible. fense Department authorization bill to woman from Wisconsin. My experience Mr. HUTCHINSON. Mr. Speaker, I recede to the Senate position and re- has shown that all murder cases are yield myself such time as I may con- tain the inclusion on the Local Law hate crimes, and what I think we are sume. Enforcement Enhancement Act, which attempting to do today is really legis- Mr. Speaker, I just wanted to jump is the Senate’s version of H.R. 1028, the late by headline. The fact that the into this particular point in the debate. hate crimes legislation. tragedy that occurred to the Matthew It is just amazing how much we agree Now, I notice some people believe Shephard family, the killers of Mat- upon. We are expressing outrage about that hate is not an issue when pros- thew Shephard deserve, in my esti- hate crimes, and I tried to express that ecuting a crime. They say our laws al- mation, the death penalty not because same outrage when I was a Federal ready punish the criminal act and that of who he is or what sexual preference prosecutor. I certainly have tried to ex- our laws are strong enough. I answer he had, but because the facts fit the press it in the United States Congress. with the most recent figures from 1998 case. I know that those in the State legisla- when 7,755 hate crimes were reported in The murder of James Byrd down in ture and here in our national body we the United States. Texas that has been referred to, his all are looking for ways to express our According to the FBI, hate crimes killers, in my estimation, deserve jus- outrage of this. I think we are doing it are under reported, so the actual figure tice throughout the death penalty, not fairly effectively. This debate is a is much higher. And I say to my col- because of who he was or the color of means of doing that. leagues, penalties for committing a his skin, but because the facts fit the murder are increased if the murder case. b 1530 happens during the commission of a In the earlier debate, and I was lis- Mr. Speaker, there is really broad crime. Murdering a police officer is tening to my colleague from Massachu- agreement, when we say it is intoler- considered first degree murder, even if setts (Mr. FRANK) in the debate with able in our society for someone just be- there was not premeditation. Commit- the gentleman from South Carolina cause they are African American or ting armed robbery carries a higher (Mr. GRAHAM), if there are prosecutors just because they are Jewish that they punishment than petty larceny. or police across this Nation that are be targeted or just because of their sex- There are degrees to crime and com- not aggressively enforcing existing ual orientation. It is abhorrent in our mitting a crime against somebody be- law, then we should focus there, and society that they be targeted because cause of their race, color, sex, sexual yet I believe that as the gentleman of those characteristics, so we need to orientation, religion, and ethnicity or from Arkansas (Mr. HUTCHINSON) men- stand against this at every possible op- other groups should warrant a different tioned, we are attempting in essence to portunity. penalty. These crimes are designed to criminalize abhorrent but lawful I think the debate, though, and real- send a message. We do not like your thought, and I think that is a step too ly the sense of disagreement is whether kind, and here is what we are going to far, especially having been one who we want to have a Federal concurrent do about it. served in State courts in Missouri. jurisdiction for virtually all violent So why cannot we punish crimes mo- I think, Mr. Speaker, when I ref- crime similar to the way we do it with tivated by hate differently than other erence the criminal justice system and our drug war. crimes? conjure up the image of all of those Right now, if anyone has any drug of- I believe we must stand up as a Con- cases that I had the opportunity to par- fense, it can be brought into State gress and as a country to pass hate ticipate in, I think of the Goddess of court or Federal court, it is totally crimes legislation to make our laws Justice. There is a statue just across concurrent jurisdiction. And basically tougher for the people who will carry the street depicting the Goddess of Jus- you are going to have a review of all out these heinous acts. tice and she stands there with scales in violent crime to see if it was motivated Mr. HUTCHINSON. Mr. Speaker, I one hand and blindfold across her eyes, by one of these biases that is referred yield 3 minutes to the gentleman from and I think the thought and the sym- to that covers a special category. If it Missouri (Mr. HULSHOF), certainly his bolism is that decisions that are made was a perceived special category, and expertise as a State prosecutor is in our courtroom should be made not that is always going to be reviewed and meaningful. based on prejudice or not elevating one as the gentleman from Virginia (Mr. Mr. HULSHOF. Mr. Speaker, I thank group over another, but should be ap- SCOTT) appropriately made the expres- the gentleman for yielding the time to plied consistently, and because of that, sion of concern, that are we going to be me and certainly appreciate the tenor then I ask for a no vote on Mr. Con- examining everyone’s thought. I think of the debate, especially hearing the yers’ motion. the gentleman says that we need to experiences of my friend, the gen- Mr. CONYERS. Mr. Speaker, I yield 1 really look at this very carefully. He tleman from Arkansas (Mr. HUTCH- minute to the gentleman from Massa- has some reservations about it. INSON) and his experiences as a Federal chusetts (Mr. FRANK). The reservations that the gentleman prosecutor. Mr. FRANK of Massachusetts. Mr. raised are reservations that some on Before coming to this body, I began Speaker, first, I want to congratulate this side have as well. And as the mi- my legal career as a court-appointed the gentleman from Arkansas (Mr. nority leader said, it is not a partisan public defender, and one of the last HULSHOF) and, finally, finding someone issue. It is really a question here of ap- cases I had the occasion to defend was to come, give him a little relief. He was H7538 CONGRESSIONAL RECORD — HOUSE September 13, 2000 looking awfully lonely. The relief falls that were, for example, experienced by ment organizations, including the National a little short. the Byrd family and the family of Mat- Sheriff's Association, the Federal Law En- First, the gentleman from Missouri thew Shephard have experienced are forcement Officers Association, the Hispanic said, we are criminalizing abhorrent not isolated incidences. National Law Enforcement Association, the thought, no not anything in here comes According to the FBI, 87 incidences National Center for Women and Policing, and remotely close to criminalizing of hate crimes based on race, religion, the National Organization of Black Law En- thought, nothing is criminal under this national origin or sexual orientation forcement Executives. bill, unless you hit somebody, shot took place in 1996 alone. There is a Hate crimes take many forms and affect somebody, stabbed somebody, there is need for this. I urge my colleagues to many different kinds of victims. As a Member nothing in this bill that criminalizes support the motion to instruct. of Congress who has the privilege of rep- thought, the right to burn crosses and Mr. Speaker, in recent years we have resenting a district with a large number of gay engage in hate speech, first amendment mourned the deaths of Matthew Sheppard, a and lesbian people, I find it interesting when I protected, remains totally undimin- gay college student in Wyoming, and James hear people talk about tolerance for gay and ished. Byrd, an African-American man in Texas. lesbian people because in our community the Secondly, the gentleman said, I men- These brutal killings are reminders of the vio- issue of tolerance was resolved long ago. We tioned places where there are prosecu- lence and harassment that millions of Ameri- not only tolerate our gay and lesbian friends tors and police who are not fully en- cans are subjected to simply because of their and neighbors, we take great pride in them forcing the law, fortunately a small sexual orientation, race, religion, or other and in the contribution that they make to our minority against particular groups, group membership. community in San Francisco, indeed to our and he says focus on them. Kill this I had the privilege of introducing members great country. bill and you cannot focus on them. of each of their families at the Democratic Na- Murders and assaults that target African- That is what the bill does. tional Convention last month. There they Americans, Jewish-Americans, Hispanics, This bill does not generalize a Fed- spoke movingly of their slain loved ones and Gays and Lesbians, or any other group are eral criminal presence. It gives the At- the impact that crimes motivated by hate have the manifestation of enduring bigotry that is torney General the right in a restricted on families and communities. still all too prevalent in our society. Passage of set of circumstances to enter into pros- These tragic murders and the suffering that this bill would not end all violence against ecutions, and we envision the cir- these two families have experienced are, un- these communities. But it would allow the Fed- cumstance would be where a vulnerable fortunately, not isolated incidents. According to eral Government to respond and take action group was being victimized and was not statistics kept by the National Coalition of Anti- by investigating and punishing the perpetrators getting the protection. So without this Violence programs, 29 Americans were mur- of crimes motivated by hate. I urge my col- legislation, we cannot do what the gen- dered in 1999 because they were gay or les- leagues to vote yes on the motion to instruct. tleman from Missouri says we should bian and there were more than 1,960 reports Mr. CONYERS. Mr. Speaker, I yield do, focus on those situations. of anti-gay or lesbian incidents in the United 11⁄2 minutes to the gentleman from Mr. CONYERS. Mr. Speaker, I yield States, including 704 assaults. And according Georgia (Mr. LEWIS), the deputy whip 11⁄2 minutes to the gentlewoman from to the Federal Bureau of Investigation, in 1966 on the minority side. California (Ms. PELOSI). there were over 8700 reported incidents of Mr. LEWIS of Georgia. Mr. Speaker, Ms. PELOSI. Mr. Speaker, I thank hate crimes based on race, religion, national I want to thank my friend and col- the gentleman from Missouri (Mr. CON- origin, or sexual orientation. Crimes based on league, the gentleman from Missouri YERS) for yielding me the time and hate are an assault on all of us, and we must (Mr. CONYERS) for yielding the time to thank him for offering this motion to take stronger measures to prevent and punish me. instruct conferees. these offenses. Mr. Speaker, I rise in support of the By doing so, under his leadership, he Opponents of this measure have argued motion to instruct conferees. Hate is gives this body today a great oppor- that this is an issue that should be left to the hate. Hate is hate. It is based on race, tunity, an opportunity to say that hate states. However, Congress has passed over on color, on religion, national origin or crimes have no place in our country. 3000 criminal statutes addressing harmful be- sexual orientation. No one, but no one The gentleman from Missouri (Mr. haviors that affect the Nation's interests, in- is born hating. Little babies do not HULSHOF) argued that there is no need cluding organized crime, terrorism, and civil know hate. for a Federal hate crimes legislation, rights, violations. Thirty-Five of these laws They do not know sexism. They do because assault and murder are already have been passed since the Republicans took not know racism, but our society will crimes. control of Congress in 1995. change the little babies before they be- However, the brutality of these hate Others have argued that there is no need come adults. We teach people how to crimes speaks to the reality that for federal Hate Crimes legislation because hate, to hate someone because of their whether a person is targeted for vio- assault and murder are already crimes. How- color, because of their race, because of lence, because of his or her sexual ori- ever, the brutality of these crimes speaks to their religion, because of their sex or entation, race or other group member- the reality that when a person is targeted for sexual orientation. ship, the assailant intends to send a violence because of their sexual orientation, As I said before, nobody, Mr. Speak- message to all members of that com- race, or other group membership, the assail- er, is born hating, but too many people munity. The message is, you are not ant intends to send a message to all members in our society grew up hating, and they welcome. of that community. That message is you are get involved in hate crime against The effort to create an atmosphere of not welcome. someone because of their religion, be- fear and intimidation is a different The effort to create an atmosphere of fear cause of their color, because of their type of crime, and it demands a dif- and intimidation is a different type of crime, sex or sexual orientation. There is no ferent kind of response. All Americans, and it demands a different kind of response. room in our society to hate or be vio- all Americans have a right to feel safe All Americans have a right to feel safe in their lent towards someone because of their in their communities. community. race, their color, their national origin, This bill counters this message of in- The Local Law Enforcement Enhancement their religion or sexual orientation. timidation. This motion to instruct Act of 2000 counters this message of intimida- With this legislation, Mr. Speaker, sends a strong statement that our soci- tion with a strong statement that our society we will send a strong and powerful ety does not condone and will not tol- does not condone and will not tolerate hate- message that we are one family, one erate hate-based crimes. Passage of based violence. In addition, passage of this people, one Nation. I urge all of my col- this motion to instruct would not end legislation will increase public education and leagues to support the motion to in- hate-based violence, we know that, but awareness, increase the number of victims struct conferees. it would allow the Federal Government who come forward to report hate crimes, and Mr. CONYERS. Mr. Speaker, I yield to respond and take action. increase reporting by local law enforcement to 30 seconds to the gentleman from Mas- Mr. Speaker, I urge my colleagues to the FBI under the Hate Crimes Statistics Act. sachusetts (Mr. FRANK). vote yes on the motion to instruct. It In addition to a bipartisan group of 192 Mr. FRANK of Massachusetts. Mr. is necessary, Mr. Speaker, because House sponsors, this bill is supported by 175 Speaker, I want to return to the allega- these tragic murders and the sufferings civil rights, religious, civic and law enforce- tion that this criminalizes thought. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7539 Here is the operative phrase which con- raised: Is it constitutional, and is it what is the right approach. I believe trols any new crime, whoever willfully necessary? I listened to every speaker the right approach is not directing our causes bodily injury to any person or on this side, and I did not see a recita- conferees to adopt a particular ap- through the use of fire, a firearm or an tion of where the constitutional basis proach on the defense authorization explosive or incendiary device at- is and how we respond to the Supreme bill. I ask my colleagues to oppose this tempts to cause bodily injury to any Court when they cautioned this body in motion to instruct. person. saying that every crime cannot be a Mr. Speaker, I yield back the balance Absent that phrase, there is no crime Federal crime. Again, quoting the Su- of my time. committed, so this only applies by its preme Court: ‘‘Indeed, we can think of Mr. CONYERS. Mr. Speaker, I yield explicit language to actual injury or no better example of the police power myself the balance of my time. attempts to injure with a fire or fire- which the Founders denied the na- Mr. Speaker, I want to thank all of arm or an explosive or incendiary de- tional government and reposed in the the Members that have participated in vice. states than the suppression of violent this debate, and particularly the floor Mr. HUTCHINSON. Mr. Speaker, I crime and vindication of its victims.’’ manager, the gentleman from Arkan- yield 30 seconds to the gentleman from So I do not believe that has been an- sas (Mr. HUTCHINSON). I think we have Missouri (Mr. HULSHOF). swered. Where is the constitutional been exhaustive on this subject and Mr. HULSHOF. Mr. Speaker, my re- basis? have moved in a very important way. sponse to the gentleman from Massa- The second question that I raised is, The reason this debate has been as chusetts (Mr. FRANK) would be that if Is it necessary? Not one case has been long as it has is because we have had the bias of an accused defendant is cited by my friends from the other side one motion to instruct, the Graham made relevant then would not the gen- of the aisle in which there was a hate motion, which was turned away, and tleman agree that any statements, any crime in the States that was not inves- now we have mine, which I hope will be writings, any thoughts, any spray tigated and not prosecuted. No case has accepted. painted slurs, any of these constitu- been cited. The reason is that it is unrefuted tionally protected, although abhorrent Now, the gentleman from Massachu- that many of the crimes with which we statements, would then be part of the setts (Mr. DELAHUNT) referred to a cou- are concerned are never prosecuted. criminalization of the act? ple of cases in which there is a need be- Sometimes it is because the State and Mr. CONYERS. Mr. Speaker, I yield cause there was a hate crime. Well, the local authorities do not have the re- 15 seconds to the gentleman from Mas- end of the story is that the States pros- sources, but other times it is because sachusetts (Mr. FRANK). ecuted, they got the life sentence, they they do not have the will. But the bot- Mr. FRANK of Massachusetts. Mr. got a death sentence. Every witness, tom line is that these crimes often go Speaker, there has to be a prior phys- every witness that was called in sup- unpunished. Today we are asking our ical criminal assault on someone else. port of hate crimes legislation before colleagues to go on record as to wheth- Then when you get to the sentencing the Senate committee or the House er or not they will support a Federal and you get to the decision about pun- committee, were victims or family law to ensure that these crimes be ishment, you can take into account members of a victim of a hate crime. It prosecuted, but only when the State motive. Yes, I would agree with the has been vindicated with the maximum legal system breaks down. Many State gentleman, you can take into account penalty of the prosecution under State officials have asked for Federal legisla- motive and motives that are some- law. tion so that they can get help from times constitutional when they are So for this massive expansion of Fed- Federal authorities in handling these part of a crime can be punished. eral jurisdiction, is it a constitutional crimes because of the complexity of basis? Is it necessary? I appreciate the the cases and because many of the pur- b 1545 frankness of the gentleman from Vir- veyors of hate operate across State Mr. HUTCHINSON. Mr. Speaker, I ginia (Mr. SCOTT), the ranking member lines. yield myself such time as I may con- on the Subcommittee on Crime. I was Many of us in the House have already sume. aware of the letter that the gentleman been on record supporting Federal Mr. Speaker, if the ranking member wrote to the gentleman from Florida criminal laws that are based on dis- is prepared to close, I will go ahead and (Mr. MCCOLLUM), the chairman of the criminatory acts. My earlier bill of finish as our final speaker. Subcommittee on Crime, in which he several years ago, the Church Arson Mr. Speaker, I wanted to come back expressed concern from a constitu- Act, is just the most recent instance of to this debate; and, again, in listening tional standpoint about the issues that what Members in this House have al- to some of the arguments that have were debated by the gentleman from ready voted for. This measure soon to been made, I noticed that the gen- Missouri, about whether this is going come up, the hate crimes bill from the tleman from Michigan (Mr. CONYERS) to require evidence of membership, be- Senate, follows that same pattern. referred to the police chief in Laramie, cause you have to prove the motivation Mr. Speaker, with the equal protec- Wyoming, who supports this legisla- being a hate crime against a particular tion promise of the reconstruction tion. In fact, the police chief of Lar- group. So the issue will be membership amendments in the 19th century, the amie, Wyoming, was concerned about in organizations. Federal Government assumed the duty the burden on the State as to how There is a question that has been to ensure that all Americans are pro- much it costs in the prosecution. He raised by civil libertarians about that, tected from violence aimed at them needed financial help. It was not a mat- and also some other questions raised, simply because of who they are or how ter that the case was not adequately and ultimately they asked for more they lead their lives. So this is not a investigated or prosecuted, because, hearings. In other words, let us proceed usurpation of State authority. It is a again, a life sentence was meted out. It through. Now that we have the support backstop, and when the State system is the burden on the States because of of the chairman of the Subcommittee does not work, that is when this hate these prosecutions in hate crimes. on Crime, surely we can consider this crimes law would kick in. Again, this is a Department of De- legislation, consider the amendment, Mr. Speaker, it is consistent with the fense authorization bill. This is in con- consider what is the best approach, rich civil rights tradition that goes all ference on a Kennedy amendment that rather than requiring our conferees on the way back to the 1930s when the late has not been considered in this body. a defense authorization bill, where Dr. W.E.B. duBois and Ida B. Wells, an The question is, when there is the Sen- they do not have the expertise of the African American civil rights fighter ator Hatch proposal that would provide Committee on the Judiciary to debate before her time, supported the NAACP grants to the States that would address this issue. That is simply what I am anti-lynching laws, which have now the concern of the police chief of Lar- asking my colleagues. been extended through the Hate Crimes amie, Wyoming, perhaps that is the We are in great agreement that this Act. We studied the 1938 Senate fili- best way to go. is intolerable, targeting particular buster on anti-lynch laws which went What is missing in this debate is the groups in our society. We are in agree- down. It was defeated in the face of answer to the two questions that I ment on that. It is simply a question of many of the same arguments that are H7540 CONGRESSIONAL RECORD — HOUSE September 13, 2000 being made today by opponents of this forward and seek justice, and perhaps most they are. Perpetrators are motivated by hate legislation. importantly, demonstrate the federal govern- and their actions are intended to strike fear Ms. JACKSON-LEE of Texas. Mr. ment's clear resolve to prosecute these crimes into an entire group of people. We know that Speaker, will the gentleman yield? to the fullest extent of the law. individuals are targeted because of their sexu- Mr. CONYERS. I yield to the gentle- Some of my colleagues have argued that ality, disability, and gender just as often as be- woman from Texas. federal hate crimes legislation is unnecessary. cause of their race, religion, and national ori- POINT OF ORDER In making this argument, they cite the case of gin, and our hate crimes prevention legislation Mr. HUTCHINSON. Mr. Speaker, I Matthew Shepard, a college student brutally must be expanded to protect them too. make a point of order. murdered in Laramie, Wyoming. They state What is the lesson we are teaching our chil- The SPEAKER pro tempore (Mr. that justice has already been served; Matthew dren and what legacy will I leave my grand- SIMPSON). The gentleman will state his Shepard's killer has already been sentenced daughters if we don't pass laws that protect all point of order. to life in prison without parole. What they don't of our citizens? If we fail, we will be turning Mr. HUTCHINSON. Mr. Speaker, it tell you is that because Matthew Shepard's our backs on our citizens. Should we succeed, was my understanding that we would murder is not considered a federal hate crime, we will be sending a clear message to all that close, so I closed. It was my under- Laramie law enforcement officials had to fur- we will not tolerate bigotry and hate. We have standing that the gentleman from lough five officials to help cover the cost of a choice, Let us choose wisely. Michigan (Mr. CONYERS) was going to prosecuting this crime. Under HCPA, by con- Mr. WEXLER. Mr. Speaker, we are com- close on behalf of his position. trast, Matthew Shepard's grieving family would mitted to defending this country against all en- Mr. CONYERS. Mr. Speaker, if the have had the benefit of additional resources emies, foreign and domestic. We must ask the gentleman will yield, I was yielding under federal law, easing the burden on local question, who or what is our enemy? What is pursuant to a request to yield. If it is law enforcement officials. the greatest threat to our democracy? Mr. the gentleman’s insistence, though, Mr. Speaker, by voting in favor of this mo- Speaker, our domestic enemies are hatred that I do not do it, I withdraw it. tion to instruct conferees, we have the oppor- and intolerance. And hate manifests itself in Mr. HUTCHINSON. Mr. Speaker, if it tunity to provide all Americans with additional many ways. Hate can provoke terrorists to is for a unanimous consent request for protection from violent crimes. The vast major- commit unconscionable acts against innocent submitting a statement, there is cer- ity of hate crimes will still be prosecuted in victims. Hate can provoke rogue leaders to tainly no objection. state court. The federal Hate Crimes Preven- persecute and intimidate members of an eth- Ms. JACKSON-LEE of Texas. Mr. tion Act provides important protections to vic- nic or religious group. And hate can provoke Speaker, will the gentleman yield? tims of violence, protections that supplement, fearful and desperate people to terrorize whole Mr. CONYERS. I yield to the gentle- not supplant, those available to victims in state communities by committing hate crimes. woman from Texas. courts. I urge my colleagues to support the We must take action. We must protect our (Ms. JACKSON-LEE of Texas asked Conyers motion. country against terrorist acts, we must protect and was given permission to revise and Ms. SCHAKOWSKY. Mr. Speaker, I am ethnicities from genocide, and we must protect extend her remarks.) proud today to stand with so many of my col- vulnerable communities from hate crimes. Ms. JACKSON-LEE of Texas. Mr. leagues to urge support for comprehensive When a person terrorizes another, that person Speaker, I thank the gentleman for hate crimes legislation. I would also like to is guilty of a crime. When a person terrorizes a community, that person is guilty of a hate yielding. thank Mr. CONYERS for his outstanding leader- First, the gentleman made a very im- ship in this area. His unwavering support and crime. Whether the community is a religious portant point, and I do have a unani- dedication to advancing civil rights has been a one, an ethnic one, or one of sexual orienta- mous consent request. I am sorry that beacon for us all. tion, it deserves protection. The nation was shocked at the murders of the gentleman from Arkansas wants to I hope my granddaughters Isabel and Eve Matthew Shepard and James Byrd, Jr., as well narrow the debate and not allow us to never know of violence motivated by bigotry as the vile and senseless nature of the atti- yield. But I would ask unanimous con- and hate. Today we have the opportunity to tudes which prompted these crimes. Many sent for this Congress to do the right strengthen our hate crimes prevention law by more hate crimes occur throughout the coun- thing and to support the motion to in- expanding the definition of a ``hate crime'' to try that do not receive the level of publicity of struct by the gentleman from Michigan include sexual orientation, as well as gender the Shepard and Byrd murders. We must work (Mr. CONYERS) so that we can have a and disability. These crimes tear at the fabric together to eliminate the underlying prejudices Federal backstop to stop the killing of our society and insidiously erode our prin- which kindle the hatred inherent in these and to stop the hate. ciples of tolerance and diversity. Before this crimes. We must also give our prosecutors the Mr. CONYERS. Mr. Speaker, reclaim- Congress adjourns for the year, we must send ing my time, this measure continues laws and resources they need to properly a loud message that the safety of all people bring justice to the victims. Let me say again, the great struggle for equal justice of is paramount and anyone who commits a hate crimes do not just victimize a person, all Americans that started in the 1930s crime based on bigotry and hate will be pros- they also terrorize a community. That is why with the anti-lynch laws. It has been ecuted to the fullest extent of the law. they deserve recognition in the law for what refined, it has been expanded, it has I don't want to be the one to explain to they areÐcrimes that victimize a community. had a constitutional basis that has Ricky Byrdsong's widow that he did not de- We must also be cognizant of protecting all been very deeply rooted, and I urge and serve protection because he was killed walk- vulnerable groups. Gender, sexual orientation, thank all of the Members who will sup- ing outside of his house rather than while he and disability should be included along with port this motion to instruct. was engaged in a ``federally protected activ- race, color, religion, and national origin as Mr. POMEROY. Mr. Speaker, I rise in sup- ity.'' And I don't want to be the person who human characteristics which are subject to port of the Conyers motion to instruct con- has to explain to the family of Matthew hate crimes and attacks and should receive ferees on the Defense Authorization bill. This Shepard why this Congress was unable to the same federal protections. motion would direct conferees to agree to the pass tougher laws that punish people who I ask that you support Congressman CON- federal hate crimes provision contained in the commit crimes based on sexual orientation. YERS' motion to instruct conferees to include Senate version of this bill. This provision pre- The Byrdsong and Shepard families are not the Hate Crimes Act in the Defense Authoriza- serves the principle of federalism while recog- alone. For every high profile, heinous hate tion bill. nizing the national imperative to prevent vio- crime that makes it to the forefront of our na- Mr. BARR of Georgia. Mr. Speaker, I stand lent crimes motivated by prejudice. tional consciousness, hundreds and thousands before you today to oppose Representative The Hate Crimes Prevention Act (HCPA) of nameless victims and families have been CONYERS' motion to instruct which purports to would provide new protections for individuals targeted simply because of their gender, sex- include the Kennedy hate crime language in who are victims of violent crimes solely be- ual orientation and disability. H.R. 4205. cause of who they are. Specifically, it would Since 1991, 60,000 hate crimes have been So-called ``hate crimes'' legislation is dis- strengthen the existing definition of a federal reported to the FBI and in 1998 alone, there criminatory on its face. In a nutshell, such leg- hate crime to include crimes motivated by the were close to 8,000 hate crimes reported, al- islation treats crimes against certain classes of victim's gender, sexual orientation, or dis- most one every hour. Many argue that hate persons more severely than those same ability. I believe that this legislation would in- crimes cannot be separated from other crimes. crimes if they were committed against another crease public education and awareness of This is just untrue. Hate crimes are violence class of persons. This is clearly not ``equal jus- these crimes, encourage more victims to come targeted at individuals simply because of who tice under the law.'' September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7541 All crimes are crimes of hate. Whenever a Frelinghuysen LoBiondo Rodriguez Pease Schaffer Taylor (MS) Frost Lofgren Roemer Peterson (MN) Sensenbrenner Taylor (NC) person harms another, there is hate. Should Gallegly Lowey Ros-Lehtinen Peterson (PA) Sessions Terry we enact federal legislation to punish hate di- Gejdenson Luther Rothman Petri Shadegg Thomas rected towards one person more severely than Gephardt Maloney (CT) Roukema Phelps Sherwood Thornberry hate directed against another, merely because Gibbons Maloney (NY) Roybal-Allard Pickering Shows Thune Gillmor Markey Rush Pitts Shuster Tiahrt of the victim's classification? I do not believe Gilman Mascara Sabo Pombo Simpson Toomey so. Gonzalez Matsui Sanchez Portman Skeen Traficant Under our present laws, the killers of James Gordon McCarthy (MO) Sanders Pryce (OH) Smith (MI) Vitter Green (TX) McCarthy (NY) Sandlin Radanovich Smith (TX) Walden Byrd and Matthew Shepard (crimes which Greenwood McCollum Sawyer Ramstad Souder Wamp would have fallen under the Kennedy hate Gutierrez McCrery Saxton Riley Spence Watkins crimes provision) were severely punished for Hall (OH) McDermott Schakowsky Rogan Stearns Watts (OK) their illegal and gruesome crimes. James Hastings (FL) McGovern Scott Rogers Stenholm Weldon (FL) Hill (IN) McKinney Serrano Rohrabacher Stump Weldon (PA) Byrd's killer was sentenced to death, and Mat- Hilliard McNulty Shaw Royce Sununu Whitfield thew Shepard's killer was sentenced to two Hinchey Meehan Shays Ryan (WI) Sweeney Wicker life sentences without the possibility of parole. Hinojosa Meek (FL) Sherman Ryun (KS) Talent Wilson Hoeffel Meeks (NY) Shimkus Salmon Tancredo Wolf These and other heinous crimes are pros- Holden Menendez Sisisky Sanford Tanner Young (AK) ecuted, and the perpetrators punished; under Holt Millender- Skelton Scarborough Tauzin Young (FL) Hooley McDonald Slaughter existing laws. People who commit such crimes NOT VOTING—9 are not going unpunished. Current federal and Horn Miller, George Smith (NJ) Houghton Minge Smith (WA) Campbell Franks (NJ) Lazio state laws are effective, and they are being Hoyer Mink Snyder Engel Gilchrest Reynolds used. There is no void here that new, ``hate'' Inslee Moakley Spratt Eshoo Klink Vento legislation is needed to fill. Moreover, the ef- Jackson (IL) Mollohan Stabenow Jackson-Lee Moore Stark b 1631 fect of this legislation, were it to be enacted, (TX) Moran (VA) Strickland might have the opposite effect to that intended Jefferson Morella Stupak Mr. BLILEY changed his vote from by its proponents. By making the prosecutor's Johnson (CT) Murtha Tauscher ‘‘yea’’ to ‘‘nay.’’ job more complex, and forcing prosecutors to Johnson, E.B. Nadler Thompson (CA) Mr. CLYBURN changed his vote from Jones (OH) Napolitano Thompson (MS) ‘‘nay’’ to ‘‘yea.’’ prove additional elements of a ``hate'' offense, Kanjorski Neal Thurman and not defining adequately the terms in these Kaptur Oberstar Tierney So the motion to instruct was agreed laws, such prosecutions would be rendered Kelly Obey Towns to. Kennedy Olver Turner The result of the vote was announced more difficult than prosecutions under current Kildee Ortiz Udall (CO) laws. Kilpatrick Owens Udall (NM) as above recorded. However, this deficiency apparently won't Kind (WI) Pallone Upton A motion to reconsider was laid on slow down the political agenda at work here. Kleczka Pascrell Velazquez the table. Kolbe Pastor Visclosky Stated against: Including this bill in the Defense Reauthor- Kucinich Payne Walsh ization bill would clearly be putting the value of Kuykendall Pelosi Waters Mr. CAMPBELL. Mr. Speaker, I regret that one life over and above another. Let us not LaFalce Pickett Watt (NC) I was not present for rollcall vote No. 471 be- LaHood Pomeroy Waxman cause I was unavoidably detained. Had I been send that type of signal to our citizens. All life Lampson Porter Weiner is valuable and should be protected, equally. Lantos Price (NC) Weller present, I would have voted ``no.'' Vote no on Representative JOHN CONYERS' Larson Quinn Wexler f motion to instruct. LaTourette Rahall Weygand Leach Rangel Wise COMMUNICATION FROM THE HON- The SPEAKER pro tempore. Without Lee Regula Woolsey ORABLE MATTHEW G. MAR- objection, the previous question is or- Levin Reyes Wu TINEZ, MEMBER OF CONGRESS dered on the motion. Lewis (GA) Rivers Wynn There was no objection. The SPEAKER pro tempore (Mr. NAYS—192 The SPEAKER pro tempore. The SIMPSON) laid before the House the fol- question is on the motion to instruct Aderholt Cunningham Hutchinson lowing communication from the Honor- Archer Davis (VA) Hyde offered by the gentleman from Michi- able MATTHEW G. MARTINEZ, Member of Armey Deal Isakson Congress: gan (Mr. CONYERS). Bachus DeLay Istook The question was taken; and the Baker DeMint Jenkins CONGRESS OF THE UNITED STATES, Ballenger Dickey John Speaker pro tempore announced that HOUSE OF REPRESENTATIVES, Barcia Doolittle Johnson, Sam Washington, DC, July 27, 2000. the ayes appeared to have it. Barr Dreier Jones (NC) Hon. JEFF TRANDAHL, Mr. HUTCHINSON. Mr. Speaker, on Barrett (NE) Duncan Kasich Bartlett Dunn King (NY) Clerk, U.S. House of Representatives, H–154, that I demand the yeas and nays. Barton Ehlers Kingston Capitol, Washington, DC. The yeas and nays were ordered. Bereuter Ehrlich Knollenberg DEAR MR. TRANDAHL: Effective July 26, The vote was taken by electronic de- Berry Emerson Largent 2000, please change my party designation on vice, and there were—yeas 232, nays Bilirakis Everett Latham your official records and databases to ‘‘RE- Bliley Ewing Lewis (CA) 192, not voting 9, as follows: PUBLICAN.’’ Blunt Fletcher Lewis (KY) Your assistance is appreciated. [Roll No. 471] Boehner Fossella Linder Bonilla Fowler Lipinski Sincerely, YEAS—232 Boyd Ganske Lucas (KY) MATTHEW G. MARTINEZ, Abercrombie Boswell DeFazio Brady (TX) Gekas Lucas (OK) Member of Congress. Ackerman Boucher DeGette Bryant Goode Manzullo f Allen Brady (PA) Delahunt Burr Goodlatte Martinez Andrews Brown (FL) DeLauro Burton Goodling McHugh COMMUNICATION FROM THE HON- Baca Brown (OH) Deutsch Buyer Goss McInnis ORABLE MARTIN FROST, CHAIR- Baird Capps Diaz-Balart Callahan Graham McIntosh Baldacci Capuano Dicks Calvert Granger McIntyre MAN, DEMOCRATIC CAUCUS Baldwin Cardin Dingell Camp Green (WI) McKeon The SPEAKER pro tempore laid be- Barrett (WI) Carson Dixon Canady Gutknecht Metcalf Bass Castle Doggett Cannon Hall (TX) Mica fore the House the following commu- Becerra Clay Dooley Chabot Hansen Miller (FL) nication from the Honorable MARTIN Bentsen Clayton Doyle Chambliss Hastings (WA) Miller, Gary FROST, Chairman of the Democratic Berkley Clement Edwards Chenoweth-Hage Hayes Moran (KS) Berman Clyburn English Coble Hayworth Myrick Caucus: Biggert Condit Etheridge Coburn Hefley Nethercutt DEMOCRATIC CAUCUS, Bilbray Conyers Evans Collins Herger Ney HOUSE OF REPRESENTATIVES, Bishop Costello Farr Combest Hill (MT) Northup September 13, 2000. Blagojevich Coyne Fattah Cook Hilleary Norwood Hon. DENNIS HASTERT, Blumenauer Crowley Filner Cooksey Hobson Nussle Boehlert Cummings Foley Cox Hoekstra Ose Speaker, House of Representatives, Bonior Danner Forbes Cramer Hostettler Oxley Washington, DC. Bono Davis (FL) Ford Crane Hulshof Packard DEAR MR. SPEAKER: This is to notify you Borski Davis (IL) Frank (MA) Cubin Hunter Paul that the Honorable Matthew Martinez of H7542 CONGRESSIONAL RECORD — HOUSE September 13, 2000 California has resigned as a Member of the Mr. MARTINEZ. Mr. Speaker, on tration to develop a transition direc- Democratic Caucus. July 26, 2000, I participated in the tory. This directory would be a com- Sincerely, House Republican Conference as a Re- pilation of Federal publications supple- MARTIN FROST, publican. mentary material that would provide a Chairman. The next day I asked the Clerk of the new presidential appointees with a f House to change my party designation manual of information about the orga- COMMUNICATION FROM THE on his official records and database to nization, statutory and administrative SPEAKER Republican. authorities, functions and duties of The SPEAKER pro tempore laid be- I have also notified the chairman of each department and agency in the Ex- fore the House the following commu- the Democratic Caucus of my resigna- ecutive Branch. H.R. 4931, which we are nication from the Speaker of the House tion of the caucus and my desire to be considering today, includes those Sen- of Representatives: a member of the Republican con- ate amendments. Over the years, there have been many OFFICE OF THE SPEAKER, ference. examples of missteps and outright mis- U.S. HOUSE OF REPRESENTATIVES, Mr. Speaker, I ask unanimous con- Washington, DC, September 13, 2000. sent that all records of the House as of takes made by newly appointed offi- Hon. WILLIAM F. GOODLING, July 26, 2000, reflect my voting status cials in the White House. Those errors Chairman, Committee on Education and the as a Republican. could have been avoided if the officials Workforce, U.S. House of Representatives, The SPEAKER pro tempore. Is there had more fully understood the scope of Washington, DC. objection to the request of the gen- their responsibilities. DEAR MR. CHAIRMAN: This is to advise you tleman from California? H.R. 3137 would set a time frame and that Representative Matthew G. Martinez’s authorize the funds for that necessary election to the Committee on Education and There was no objection. the Workforce has been automatically va- f training and orientation. cated pursuant to clause 5(b) of rule X effec- I urge my colleagues to support this tive today. PRESIDENTIAL TRANSITION ACT bill just as they supported its prede- Sincerely, OF 2000 cessor, H.R. 4931. It is an important J. DENNIS HASTERT, Mr. HORN. Mr. Speaker, I ask unani- step toward ensuring that a new ad- Speaker of the House. mous consent that the Committee on ministration, regardless of party affili- f Government Reform be discharged ation, starts off on the right foot. Mr. TURNER. Mr. Speaker, further COMMUNICATION FROM THE from the further consideration of the bill (H.R. 4931) to provide for the train- reserving the right to object, I want to SPEAKER rise and join with the gentleman from The SPEAKER pro tempore laid be- ing or orientation of individuals, dur- ing a Presidential transition, who the California (Mr. HORN) in strong support fore the House the following commu- of this legislation, H.R. 4931, and urge nication from the Speaker of the House President intends to appoint to certain key positions, to provide for a study its adoption. of Representatives: I want to commend the gentleman and report on improving the financial OFFICE OF THE SPEAKER, from California (Chairman HORN) and disclosure process for certain Presi- U.S. HOUSE OF REPRESENTATIVES, the gentleman from Indiana (Mr. BUR- dential nominees, and for other pur- Washington, DC, September 13, 2000. TON) and the gentleman from Cali- poses, and ask for its immediate con- Hon. BENJAMIN A. GILMAN, fornia (Mr. WAXMAN), ranking member, Chairman, Committee on International Rela- sideration in the House. who have all focused on this bill and to tions, U.S. House of Representatives, Wash- The Clerk read the title of the bill. be sure that it is brought before this ington, DC. The SPEAKER pro tempore. Is there House today and becomes law before a DEAR MR. CHAIRMAN: This is to advise you objection to the request of the gen- that Representative Matthew G. Martinez’s new administration occupies the White tleman from California? election to the Committee on International House. Relations has been automatically vacated Mr. TURNER. Mr. Speaker, reserving The Presidential Transition Act pursuant to clause 5(b) of rule X effective the right to object, and I do not plan to would amend the Presidential Transi- today. object, but I yield to the gentleman tion Act of 1963 to authorize the use of Sincerely, from California (Mr. HORN) for a brief transition funds for the purpose of pro- J. DENNIS HASTERT, explanation of the bill. viding orientations for individuals that Speaker of the House. Mr. HORN. Mr. Speaker, I thank the f the President-elect plans to nominate gentleman from Texas for yielding to to top White House positions, including ANNOUNCEMENT BY THE SPEAKER me. Mr. Speaker, the ranking member cabinet positions. PRO TEMPORE has been just inestimable in terms of The bill would probably affect 20 to all the help he has provided us on this The SPEAKER pro tempore. Pursu- maybe 40 political appointments in the ant to the foregoing communications, and other pieces of legislation. White House. It is designed to give the party affiliation of Representative Mr. Speaker, H.R. 4931, the Presi- greater assurance that the orientation dential Transition Act of 2000, rep- MARTINEZ has been switched for infor- process would take place shortly after mational voting record purposes and resents a bipartisan effort to update the incoming administration assumes his committee memberships have been the Presidential Transition Act of 1963. office or preferably before they assume vacated. H.R. 4931 would allow transition funds office. Had the foregoing communication of to be used for a formal training and This orientation will provide a July 27, 2000, from Representative MAR- orientation process for incoming ap- smoother transition for a new adminis- TINEZ to the Clerk been laid before the pointees to senior administration posi- tration, eliminating mistakes, and en- House at that time, the party affili- tions, including cabinet members. suring that the Federal Government ation for voting informational purposes On November 2, 1999, the House will continue to function at a high would have been changed or, as has passed a bill with similar provisions, level. been the case in the past, the process H.R. 3137, by a voice vote under suspen- Our subcommittee heard testimony would have been timely noticed in sion of the rules. from distinguished witnesses who advo- writing to the chairman of the Demo- On June 8, 2000, Senator FRED THOMP- cated the adoption of this new provi- cratic Caucus who, in turn, would no- SON from Tennessee introduced a com- sion for orientation programs for in- tify the Speaker by letter pursuant to panion bill, S. 2705, the Presidential coming members of a new administra- clause 5(b) of rule X. Transition Act of 2000. The Senator tion. Witnesses such as Elliot Richard- f added some well thought out provisions son, former Attorney General to Presi- that call for study and proposals to im- dent Nixon; the Honorable Lee White, HONORABLE MATTHEW MARTINEZ prove the financial disclosure process the former Assistant Counsel to Presi- JOINS REPUBLICAN CONFERENCE for presidential nominees. dent Kennedy and counsel to President (Mr. MARTINEZ asked and was given In addition, the changes made in the Johnson, shared the unique perspective permission to address the House for 1 Senate bill would require the admin- that they have regarding the critical minute.) ister of the General Services Adminis- nature of this transition period. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7543 There is no question that whoever is ‘‘(9)(A) Notwithstanding subsection (b), de- There was no objection. elected as the next President of the velopment of a transition directory by the f United States must be ready and pre- Administrator of General Services Adminis- SPECIAL ORDERS pared to go to work on the morning of tration, in consultation with the Archivist of the United States (head of the National Ar- The SPEAKER pro tempore (Mr. November 8. That period between No- chives and Records Administration) for ac- SHERWOOD). Under the Speaker’s an- vember 8 and inauguration is, indeed, a tivities conducted under paragraph (8). very critical period of time, not only ‘‘(B) The transition directory shall be a nounced policy of January 6, 1999, and for the new administration, but for the compilation of Federal publications and ma- under a previous order of the House, country as a whole. terials with supplementary materials devel- the following Members will be recog- So I am pleased to join with the gen- oped by the Administrator that provides in- nized for 5 minutes each. tleman from California (Chairman formation on the officers, organization, and f statutory and administrative authorities, HORN) today in urging that this bill be functions, duties, responsibilities, and mis- RURAL HEALTH CARE adopted. It is noncontroversial. It is bi- sion of each department and agency. The SPEAKER pro tempore. Under a partisan. We have introduced it today ‘‘(10)(A) Notwithstanding subsection (b), previous order of the House, the gen- and move that it be adopted by unani- consultation by the Administrator with any tleman from South Dakota (Mr. mous consent. candidate for President or Vice President to THUNE) is recognized for 5 minutes. develop a systems architecture plan for the Even though we passed the bill on Mr. THUNE. Mr. Speaker, when I was the floor of this House, we have now in- computer and communications systems of the candidate to coordinate a transition to back in South Dakota over the August corporated changes suggested by our recess, I traveled around the State vis- colleagues in the Senate. I urge that Federal systems, if the candidate is elected. ‘‘(B) Consultations under this paragraph iting rural hospitals, clinics and nurs- we adopt it today. shall be conducted at the discretion of the ing homes. I wanted to get a first-hand Mr. Speaker, I withdraw my reserva- Administrator.’’. look at some of the challenges that are tion of objection. SEC. 3. REPORT ON IMPROVING THE FINANCIAL being faced by rural health care pro- The SPEAKER pro tempore. Is there DISCLOSURE PROCESS FOR PRESI- viders. I also learned about some of the objection to the request of the gen- DENTIAL NOMINEES. successes that we have been having. tleman from California? (a) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the I represent the entire State of South There was no objection. Dakota. That is 66 counties and 77,000 The Clerk read the bill, as follows: Office of Government Ethics shall conduct a study and submit a report on improvements square miles made up primarily of H.R. 4931 to the financial disclosure process for Presi- farmland and grassland. When the citi- Be it enacted by the Senate and House of Rep- dential nominees required to file reports zens of South Dakota need access to a resentatives of the United States of America in under section 101(b) of the Ethics in Govern- health care provider, it is not uncom- Congress assembled, ment Act of 1978 (5 U.S.C. App.) to the Com- mon for them to drive 100 miles just to SECTION 1. SHORT TITLE. mittee on Governmental Affairs of the Sen- make a regular appointment. This Act may be cited as the ‘‘Presidential ate and the Committee on Government Re- Distance really affects how people Transition Act of 2000’’. form of the House of Representatives. (b) CONTENT OF REPORT.— get health care in South Dakota. If SEC. 2. AMENDMENTS TO PRESIDENTIAL TRANSI- (1) IN GENERAL.—The report under this sec- one’s elderly mother needs to see the TION ACT OF 1963. doctor, one may need to take off work Section 3(a) of the Presidential Transition tion shall include recommendations and leg- Act of 1963 (3 U.S.C. 102 note) is amended— islative proposals on— and make sure the kids are taken care (1) in the matter preceding paragraph (1) (A) streamlining, standardizing, and co- of while one spends all day traveling by striking ‘‘including—’’ and inserting ‘‘in- ordinating the financial disclosure process back and forth only to spend 20 min- cluding the following:’’; and the requirements of financial disclosure utes with a physician. That is when the (2) in each of paragraphs (1) through (6) by reports under the Ethics in Government Act weather is good. When the weather is of 1978 (5 U.S.C. App.) for Presidential nomi- striking the semicolon at the end and insert- bad with the snow and the wind, that ing a period; and nees; (B) avoiding duplication of effort and re- trip is just not possible. One’s mother (3) by adding at the end the following: would have to make another appoint- ‘‘(8)(A)(i) Not withstanding subsection (b), ducing the burden of filing with respect to fi- payment of expenses during the transition nancial disclosure of information to the ment several days later and wait to get for briefings, workshops, or other activities White House Office, the Office of Govern- the medical care she needs. ment Ethics, and the Senate; and to acquaint key prospective Presidential ap- b 1645 pointees with the types of problems and (C) any other relevant matter the Office of challenges that most typically confront new Government Ethics determines appropriate. But in times of tragedy or emer- political appointees when they make the (2) LIMITATION RELATING TO CONFLICTS OF gency, rural residents do not have that transition from campaign and other prior ac- INTEREST.—The recommendations and pro- luxury. Take, for instance, the example tivities to assuming the responsibility for posals under this subsection shall not (if im- of the farmer working in the field. plemented) have the effect of lessening sub- governance after inauguration. Farm equipment accidents injure and ‘‘(ii) Activities under this paragraph may stantive compliance with any conflict of in- terest requirement. kill rural residents every year. When include interchange between such appointees the accident happens, the victims need and individuals who— (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) held similar leadership roles in prior There are authorized to be appropriated such medical attention and they need it administrations; sums as may be necessary to carry out this quickly. If they can get the expert ‘‘(II) are department or agency experts section. trauma care in their hometown clinic, from the Office of Management and Budget The bill was ordered to be engrossed there is a much better chance of sur- or an Office of Inspector General of a depart- and read a third time, was read the vival. If they cannot get access to the ment or agency; or third time, and passed, and a motion to appropriate professionals close by, they ‘‘(III) are relevant staff from the General reconsider was laid on the table. would have to drive several hours to Accounting Office. f get to a large medical center. Chances ‘‘(iii) Activities under this paragraph may of a good outcome are much lower. include training or orientation in records GENERAL LEAVE management to comply with section 2203 of The health care professionals in my title 44, United States Code, including train- Mr. MCNULTY. Mr. Speaker, I ask State of South Dakota have been com- ing on the separation of Presidential records unanimous consent that all Members ing up with some innovative ways to and personal records to comply with sub- may have 5 legislative days within deal with the distance problem. They section (b) of that section. which to revise and extend their re- have been using technology to bring ‘‘(iv) Activities under this paragraph may marks on and to include extraneous patients and doctors together. They include training or orientation in human re- material on the special order of the call this breakthrough ‘‘telehealth.’’ sources management and performance-based gentleman from California (Mr. FARR) Telehealth is a method of health care management. on the subject of the 150th anniversary delivery that was at, one time, a new ‘‘(B) Activities under this paragraph shall be conducted primarily for individuals the of the State of California. concept in health care, a theoretical President-elect intends to nominate as de- The SPEAKER pro tempore. Is there way to connect people with providers. partment heads or appoint to key positions objection to the request of the gen- But telehealth is no longer an experi- in the Executive Office of the President. tleman from New York? ment. This is a service being used H7544 CONGRESSIONAL RECORD — HOUSE September 13, 2000 every day in rural areas across this needs to determine what kind of care blocked reform, refusing to act on com- country. they receive. mon sense gun safety proposals like I saw some of the most amazing Now, I realize that telehealth is just those that the gentlewoman from New things our health care providers are one piece of the health care puzzle. York (Mrs. MCCARTHY) and I are spon- doing with telehealth technology. Lung There are many other aspects of the soring here in the House of Representa- specialists in Sioux Falls are using Medicare law that need to be revisited. tives. electronic stethoscopes to treat pa- Rural hospitals, clinics, and nursing On August 26, I was joined by my col- tients with pneumonia who live in homes are reeling from the effects of league and good friend, the gentle- Flandreau. Flandreau is a town with the Balanced Budget Act. woman from New York (Mrs. MCCAR- just over 2,000 people. They cannot get Last year, Congress provided some THY), for a public meeting in to see a specialist like that unless they initial relief with the Balanced Budget Plainsboro, New Jersey. The gentle- travel or the specialist travels to them. Refinement Act. That was the first woman from New York (Mrs. MCCAR- That is pretty expensive when they step toward helping our rural health THY) and I were joined at that event by start adding up gasoline and loss of providers deliver the kind of care our 66 families who once again called on productivity due to time on the road. citizens deserve. this body to act on sensible gun safety They are also using telehealth to pro- Now we are poised to take another legislation. vide health care on American Indian step. As my colleagues know, members Mr. Speaker, I would like to read reservations. The Pine Ridge Reserva- of the Committee on Commerce and into the RECORD a letter to the gen- tion, which sits in the Nation’s poorest the Committee on Ways and Means are tleman from Illinois (Mr. HASTERT), county per capita, is over 130 miles now considering a legislative package the Speaker of the House, signed by the from the area’s main medical center in that would further refine the BBA. gentlewoman from New York (Mrs. Rapid City. Many residents of Pine Part of that refinement needs to in- MCCARTHY), myself, and 66 families Ridge deal with depression. They would clude telehealth services. Congress un- who joined us in Plainsboro, which I like to see a mental health professional derstood the potential of this tech- will personally deliver to the Speaker but have to wait 3 months to get an ap- nology 3 years ago. It is time to reduce this evening. pointment. But using two-way inter- those barriers that keep it from being active video cameras, they can now used effectively. MR. SPEAKER, as concerned citizens of the have access to these professionals and I urge the members of the committee State of New Jersey, we are writing to re- get timely and appropriate care. to include the provisions of my legisla- quest your immediate assistance in having Those are just some of the ways that tion in their add-back bill. Congress Congress consider gun safety legislation be- fore Congress adjourns for the year. patients are getting the care that they has made a commitment to modernize need. It is clear that telehealth serv- Medicare, and reimbursing for tele- As you know, in June of 1999, following the tragic murders at Columbine High School in ices have become critical for these pa- health services is one way to do that. Littleton, Colorado, Congress considered a tients and the providers who care for f package of juvenile justice proposals. When them. But this kind of care is expen- MILLION MOM MARCH AND this legislation was considered in the Senate, sive. an amendment by Senator FRANK LAUTEN- COMMON SENSE GUN SAFETY Currently, hospitals are using grants BERG was attached that would close the dan- to fund these services. Grants are lim- The SPEAKER pro tempore (Mr. gerous gun show loophole, ban the importa- ited and do not last forever. When the SHERWOOD). Under a previous order of tion of high-capacity ammunition maga- grants dry up, patients will have to go the House, the gentleman from New zines, and mandate the use of child safety locks on firearms. back to the old ways of doing things. Jersey (Mr. HOLT) is recognized for 5 What is needed is a more permanent minutes. These three proposals, which have been in- Mr. HOLT. Mr. Speaker, the clock is troduced in the House of Representatives, method of paying for these services, are mainstream, common sense measures and that is where Medicare comes in. ticking. The clock is ticking and this that polls show are supported by a large bi- Back in 1997, Congress authorized Congress has yet to hear the message partisan majority of the public. While we in several telehealth demonstration delivered by the one million mothers New Jersey do not have gun shows, other projects to study the impact of tele- on May 14 of this year. States do. That undermines our gun safety health on health care access, quality, An extraordinary thing happened laws because they allow criminals to buy and cost. The projects have shown that this past Mother’s Day when so many dangerous firearms without background telehealth promotes better access and New Jerseyans joined families from all checks, waiting periods or identification at quality and could be used to provide over the United States in the ‘‘Million these shows. A law mandating child safety Mom March’’ here in Washington. locks, if enacted, could save the lives of hun- both primary and specialty care at a dreds of young Americans. reasonable cost. Given the success of Now, all of us know it, Mr. Speaker. Over the last years, our Nation has Many of us visited Washington, D.C., as telehealth, it is now time for Medicare part of the ‘‘Million Mom March’’ this to begin paying for these services. been shaken deeply by incidents of gun Spring. But Medicare has created reimburse- violence. All of us were floored by the ment policies that have had the effect tragedy in a Michigan elementary And, I might add, I made that trip by of excluding these services to those pa- school where a 6-year-old child, a child bus from New Jersey, too. tients who would derive the most ben- who had not yet learned to read, had In the many weeks since that watershed efit from them, seniors who are often learned how to kill with a handgun. event, attended by thousands of Americans unable to travel long distances for di- That was just the latest in a long from all parts of the Nation and all walks of rect health care. line of gun-related tragedies. We know life, no effort has been made to bring the Ju- I thought Medicare was put in place the litany. Columbine, West Paducah, venile Justice legislation back before the to help our senior citizens get the care Jonesboro, Conyers, and in too many House. In fact, these measures have re- mained bottled up with delay tactics and they need. But that is not the case other communities across America. parliamentary maneuvering. Now, as less with telehealth services. Medicare cov- These have been matched by countless than 20 days remain in the scheduled legisla- ered only six percent of all telehealth other gun tragedies less public but no tive session, the need for leadership and ac- visits in 1999 clearly when Congress in- less tragic for their families and their tion on this issue is greater than ever. tended that Medicare would pay a little communities all across the Nation. Stemming the tide of gun violence is an bit more for these critical services. In school yards, what would have a issue of deep importance to us and to our Na- With these facts in mind, I intro- generation ago been a fist fight now be- tion. Now is the time for our leaders in duced H.R. 4841, the Medicare Access to comes a blood bath. Since these trage- Washington to roll up their sleeves, not sit Telehealth Services Act of 2000. This dies, citizens all across my State of on their hands. We urge you in the strongest bill tries to eliminate some of the re- New Jersey have called louder than possible terms to use your influence as the highest ranking Member of the House of Rep- imbursement barriers that prevent hos- ever for passage of stricter gun safety resentatives to bring immediately these leg- pitals from providing these services laws. But despite the outcry, a few islative proposals back before the Congress and seniors from accessing them. It is politicians in Congress here in Wash- so that they can be sent to the President for no longer the case that where they live ington have stood in the doorway, have his signature. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7545 ‘‘Respectfully,’’ and it is signed by 66 Ms. NORTON. Mr. Speaker, there is Because about the worst thing that can family members from central New Jer- an issue of great potency brewing in happen in our society is that people be- sey. the African American community such lieve that criminal justice does not Mr. Speaker, I include the letter for that I feel compelled to bring it to the have justice. And it is very hard for me the RECORD: attention of this body. to believe that there is justice in the August 26, 2000. Like other Americans, African Amer- system when the disparities are as Hon. J. DENNIS HASTERT, icans are animated by the same issues. huge as this. Speaker of the House, Education is at the top of the list. And b 1700 U.S. Capitol, Washington, DC. of course, there is a Patients’ Bill of DEAR MR. SPEAKER: As concerned citizens Obviously, most African Americans of the State of New Jersey, we are writing to Rights and preserving Social Security request your immediate assistance in having and Medicare. play by the rules. So when you do not Congress consider gun safety legislation be- But what amazes me from the data know whether playing by the rules will fore it adjourns for the year. and, anecdotally, when looking at get you pulled over or not, particularly As you know, in June of 1999, following the black publications in my own district, if you are a young black man, the tragic murders at Columbine High School in is a surprising issue that has greater stereotypic person to pull over, the Littleton, Colorado, Congress considered a interest and intensity than others; and rage of a loss of confidence that you package of Juvenile Justice proposals. When that issue is racial profiling and police this legislation was considered in the Senate, are operating in a fair system becomes an amendment by Senator Frank Lautenberg brutality. very great. was attached that would close the dangerous This is most interesting because the This is an issue for us all. This is an gun show loophole, ban the importation of African American community has em- issue we can eliminate simply by first high-capacity ammunition magazines and braced police because there was such studying it and coming to understand mandate the use of child safety locks on fire- high crime, especially in the early what its causes are. H.R. 118 does not arms. 1990’s. Crime is down 10 percent now ask this body to take specific steps These three proposals, which have also from last year, 34 percent over the last now. We need to know what is hap- been introduced in the House of Representa- few years; and yet there is this intense tives, are mainstream, common sense meas- pening and why it is happening. If, in ures that polls show are supported by a hostility based on what is happening fact, black Americans see that we do large, bipartisan majority of the public. particularly to black men but also to not care enough even to find out why While we in New Jersey don’t have gun black women. these disparities exist, I think we are shows, other states do. That undermines our If one has raised a boy the way that sending a horrific message, especially gun safety laws because they allow criminals I have so that he gets to go to college, now as people get ready to go to the to buy dangerous firearms without back- graduates in 4 years, has a good job, it polls. They want to see whether or not ground checks, waiting periods or identifica- does not make a dime’s worth of dif- something can be done. I am not ask- tion at these shows. A law mandating child ference if he is driving down a road and ing that something be done during this safety locks, if enacted, could save the lives there is a sense that who he ought to of hundreds of young Americans. session. I do believe that during this Many of us visited Washington D.C. as part pull over are black people rather than session we have to start the ball rolling of the ‘‘Million Mom March’’ this Spring. In others. so that we can know what, if anything, So that, if we look at Interstate 95, the many weeks since that watershed event, we can do about these very telling sta- where 17 percent of the drivers are Af- attended by thousands of Americans from all tistics. parts of the nation and all walks of life, no rican-Americans, 56 percent of those f effort has been made to bring the Juvenile searched are black; or let us look at Justice legislation back before Congress. In California in a 1997 study that showed A TRADITIONAL EDUCATION IS fact, these measures have remained bottled that only 2 percent of 3,400 drivers THE BEST EDUCATION up with delay tactics and parliamentary ma- stopped yielded contraband; or a recent The SPEAKER pro tempore (Mr. neuvering. Now, as less than twenty days re- study of racial profiling on I–95 here in main in the scheduled legislative session, the SHERWOOD). Under a previous order of need for leadership and action on this issue the East, about 17 percent of those who the House, the gentleman from Ten- drive along I–95 are African Americans is greater than ever. nessee (Mr. DUNCAN) is recognized for 5 but they represented 60 percent of the Stemming the tide of gun violence is an minutes. issue of deep importance to us, and to our drivers searched in 1999. Mr. DUNCAN. Mr. Speaker, I rise nation. Now is the time for our leaders in Something is wrong with those fig- Washington to roll up their sleeves, not sit ures. And it has now penetrated deep in today to speak briefly on two or three on their hands. We urge you in the strongest the African American community and important topics or issues in edu- possible terms to use your influence as the it knows no class bounds. The richest cation. First, we have done a more highest-ranking member of the House of and most middle-class African Ameri- than adequate job in bringing down Representatives to immediately bring these class sizes in most places around the legislative proposals back before Congress, cans know that there is no difference to a police officer who is looking for country. What we really need to work so that they can be sent to the President for on now is bringing down the size of his signature. black people between a youngster that Respectfully, has done all he should do and somebody schools. Signed by 66 New Jersey citizens. who may, in fact, be carrying drugs. At very large schools, some young Mr. Speaker, every school I visit, What amounts to a loss in the crimi- people feel like they are little more every PTA meeting that I attend, nal justice system has occurred than numbers. Most kids can handle every classroom that I teach in, kids, throughout the African American com- this all right, but some feel that they moms and dads, in fact nearly everyone munity where so many young African have to resort to extreme, kooky, I talk with in New Jersey, tells me it is American men are caught up in the weird or, unfortunately at times, even high time that Congress take action to first place. We need to have that com- dangerous behavior to get noticed. keep guns out of the hands of kids and munity where we had it when they At small schools, young people have criminals. began to embrace police in the 1980s, a better chance to make a sports team Mr. Speaker, the time has come for and we are losing them. or serve on the student council or be- Republicans, Democrats, and Independ- This body apparently had some rec- come a cheerleader or stand out in ents to join together to pass these com- ognition because under the present ma- some way. Young people today would mon sense gun safety measures. jority, H.R. 1443, which was a bill spon- be better off going to a school in an f sored by the gentleman from Michigan older building, but in a school where (Mr. CONYERS) was indeed passed in they did not feel so anonymous. RACIAL PROFILING AND POLICE 1998, which allows the collection of cer- I read a couple of years ago that the BRUTALITY tain kinds of information about traffic largest high school in New York City The SPEAKER pro tempore. Under a stops. This body passed it. It was sent had 3,500 students; and then they made previous order of the House, the gentle- to the Senate. The Senate Committee the wise decision to break it up into woman from the District of Columbia on the Judiciary never acted on it. five separate schools and their drug (Ms. NORTON) is recognized for 5 min- We need to pass this bill again. It is and discipline problems went way utes. now called H.R. 118. We need to pass it. down. H7546 CONGRESSIONAL RECORD — HOUSE September 13, 2000 The gentleman from Indiana (Mr. the basics, especially in elementary care. Private insurance plan HMOs, HILL) and I, on a bipartisan basis, in- and middle school. He said we still need their loyalty is to the bottom line. troduced a bill to set up a special pro- to teach reading and writing and arith- How many times do we have to inter- gram within the Department of Edu- metic and history and science, and we vene when a managed care or other in- cation to give incentive grants to need to teach these things before we surer plan messes? Up how many times school systems that would establish give kids computers and then wonder do we have to intervene on behalf of programs to decrease the number of why they cannot add or subtract or our constituents before the industry’s students at any one school. We got $45 write a grammatically correct sen- loyalties become clear to us? million for this in the last omnibus ap- tence or know even basic history about The loyalty results in decisions that propriations bill, but we need to pursue their own country. This was said by a are not in the best interest of enroll- this much more aggressively. Small man who is a professor of computer ees. That loyalty is what creates the schools mean individual attention and science. need for a Patients’ Bill of Rights, individual opportunities. Gigantic Computers are not the end all of edu- which this House of Representatives schools, unfortunately, centralized cation. We need to get back to the ba- and the other body should pass and schools unfortunately, breed weird be- sics before we end up in the edu- send to the President. That loyalty, havior and even help lead to Col- cational catastrophe or disaster that the bottom line, explains why health umbine-type situations. Professor Gelernter predicted. insurers market to the healthiest indi- Secondly, Mr. Speaker, this so-called f viduals and do everything in their teacher shortage is one of the most ar- power to avoid the sick. That loyalty tificial, contrived, and easily solvable PRESCRIPTION DRUGS AND MEDICARE explains how private, managed care problems that we have in the country plans, how private insurance company today. There would be no teacher The SPEAKER pro tempore. Under a HMOs, contracting with Medicare, shortage if we removed the straight- previous order of the House, the gen- could enroll seniors one year, prom- jacket of education courses and let tleman from Ohio (Mr. BROWN) is rec- ising them all kinds of benefits, and school boards use intelligence and com- ognized for 5 minutes. unceremoniously drop them the next mon sense to hire teachers. A school Mr. BROWN of Ohio. Mr. Speaker, year; promise supplemental benefits board should be allowed to consider an the public learned something about they cannot deliver and then blame the education degree as a real plus but not presidential candidate George Bush government for problems that they cre- be restricted or harmed or hindered by last week. Actually, the word ‘‘impor- ated. tant’’ is an understatement. We it. Right now, in most places, if a per- The traditional Medicare program is learned something crucial. We learned son with a Ph.D. in chemistry and 30 different. It is universal. It is reliable. his plans for Medicare. years’ experience in the field wanted to It is accountable to the public. It has 1 Every senior citizen, every person teach, he could not do so because he to 2 percent administrative costs. with a family member covered by had not taken a few education courses. Medicare’s loyalty is to beneficiaries Medicare, every taxpayer in this coun- This is ridiculous. Right now, a person and to taxpayers. It is an undiluted try needs to understand this. George W. with a master’s degree in English and commitment. Medicare offers choice in Bush believes Medicare as we know it who had been a successful writer, say, ways that actually make a difference should be replaced by private insurance for a magazine or for newspapers for in terms of health care quality and pa- plans. That is not conjecture. It is fact. years could not be an English teacher tient satisfaction. It does not tell bene- in a public school because of not taking It is what he tells us. It is clear as day if one looks at his ficiaries which providers they can see a few education courses. This is crazy. and which providers they cannot see, Someone who had been a political prescription drug plan. The first part of like Medicare HMOs do, or provide fi- science professor at a small college for his proposal features a transitional nancial incentives to discourage proper several years and then had several program designed to give a special care, again as Medicare HMOs do, or years’ experience on Capitol Hill, for commission time to come up with a interfere with the doctor/patient rela- example, could not teach American private sector alternative to the Medi- tionship, as Medicare HMOs do. government in a public high school care program. Mr. Bush goes so far as without a required education course. to avoid the obvious. That is adding Medicare does not tell beneficiaries This is stupid and it is why we have prescription drugs to the list of health any of those things. this artificial government-induced care services and supplies that Medi- Having your choice of private health teacher shortage that we are seeing care covers. He actually advocates a plans under the Bush plan, under pri- this publicity about. transitional prescription drug program vate managed care, does not mean We could wipe out this teacher short- feature with mini-bureaucracies in much if those plans all restrict access age overnight if we would allow school each State to administer temporary to providers and erect barriers to medi- systems to hire well-qualified people prescription drug welfare programs. If cally-necessary care. Medicare offers even if they had not taken any edu- one is opposed to big government, this reliable coverage that does not come cation courses. I repeat, an education part of his proposal is their worst and go with the stock market, that degree should be considered a plus. It nightmare: 50 State bureaucracies. does not discriminate against bene- should be considered a good thing when His welfare-type program approach, ficiaries based on health status or any considering someone for a teaching job. which would cover the lowest-income other criteria. School superintendents and principals seniors only, is also sorely inadequate. So George W. Bush has decided to have enough common sense intel- Nearly half of all seniors who lack pre- join his Republican colleagues to pro- ligence and experience to hire some scription drug coverage would be left mote the privatization of Medicare, to well-qualified person to teach who has out in the cold. The first part of his end Medicare as we know it, and to degrees and experience but simply proposal may simply be ill conceived. provide a new market for private insur- lacks an education course or two. The second part is simply irrespon- ance plans. And when it comes down to Thirdly, Mr. Speaker, David sible. it and prescription drugs, whom do you Gelernter, a professor of computer Under that section, the Federal Gov- trust? Do you trust Medicare, tradi- science at Yale, said we are headed for ernment would begin to subsidize part tional Medicare, that served the public an educational catastrophe or edu- of the cost of private prescription drug well for 35 years? Do you trust Medi- cation disaster, he used both terms, by coverage, but only after the Medicare care to provide these benefits to the placing computers in classrooms for program as a whole undergoes a trans- public with prescription drugs, or do small or very young children. He said formation. That transformation, not you trust private insurance HMOs who some seemed to believe if we give chil- surprisingly, features private insur- have pulled out of county after county, dren what he described as a glitzy toy ance-type HMO health plans. Privatiza- made promises they have not kept? It with bigger and bigger databases, we tion of Medicare is not a trans- is a question of trusting traditional have done all we need in regard to edu- formation. It is an oxymoron. Private Medicare or, again, do you trust pri- cation. He said we need to get back to insurance plans cannot replace Medi- vate insurance HMOs? September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7547 The SPEAKER pro tempore. Under a I have another lady who has been to allow me to serve better. Lisa previous order of the House, the gen- with me for many years, all but I think Smith, who recently left my office in tleman from California (Mr. BILBRAY) a couple of the years I have served, in Washington, served many years here is recognized for 5 minutes. that same district office, a case worker doing that job. And more recently Jin (Mr. BILBRAY addressed the House. named Elaine Whipple. Elaine tire- Sikora. His remarks will appear hereafter in lessly served me for a long time work- I have had other staff assistants from the Extensions of Remarks.) ing with senior citizens, particularly Jane Hicks who served me a long time f veterans, on issues concerning veterans on the front desk here to Selma affairs, but also on Social Security, McKinzie, I should say the district THANKS TO THE MANY STAFFERS giving service, finding answers to solu- desk in Florida to Selma McKinzie who WHO HAVE ASSISTED IN THE tions to those Medicare problems for served here and the list could go on and FIFTH AND EIGHTH CONGRES- people with the various agencies of the on. I cannot begin to name them all. SIONAL DISTRICTS OF FLORIDA government. These two women pro- Leslie Woolley was my first legisla- The SPEAKER pro tempore. Under a vided a perfect illustration of what can tive director, the legislative is a crit- previous order of the House, the gen- be done in the best of public service ical staff as well to provide services in tleman from Florida (Mr. MCCOLLUM) when you have people that are dedi- a personal staff office that we do not is recognized for 5 minutes. cated, who every day go to work re- get from the committee staff on legis- Mr. MCCOLLUM. Mr. Speaker, I am gardless of whether I am sitting in the lative matters. Many, many issues that here today because we are finishing office or not, answering the phones, Members of Congress have to face this term of Congress, and while there talking to people and providing them a every day and votes they have to take may be other things for me, perhaps conduit between the Federal Govern- on the floor, they have to be prepared across in the other body, this is the ment and an agency that is far re- for that. They would not otherwise be last year that I will serve as a Member moved from them, and some real, ev- able to do because that does not come of the United States House of Rep- eryday problems in their personal lives within the purview of the committees resentatives. I am very proud of the that need recognition and resolution. they serve on, but they are expected, service that I have given, and I have I have also had several other people we all are expected to respond and re- enjoyed my service a great deal in this that have really served extraordinarily spond intelligently to make votes for body. well that I want to mention. The chiefs these issues. I have enjoyed working with my col- of staff who have served me over the I want to again thank these personal leagues on both sides of the aisle to ac- years, Vaughn Forrest for many years, staff Members for all the work that complish many things over these years my very first chief of staff, did admi- they have done over the years. I do not that I have served from 1981 to the rable work. We provided together a think we pay enough tribute to our present, but none of that would have program for relief for Salvadorans, the personal staffs. been possible without a very strong people who were displaced off the farms Mr. Speaker, I include the following group of men and women who served on there during their civil war where we for the RECORD: my staff. lifted medicines and medical supplies STAFF TRIBUTE (1981–2000) Now, we often talk about our com- down there that were donated pri- PERSONAL OFFICE STAFF mittee staffs; but I am talking specifi- vately, not a legislative agenda but Nancy Abernethy, Melissa Finn Aldrich, cally about my personal staff; my staff something privately done, that the of- John Ariale, Marie Attaway, Michael both in my Orlando district office, and fice did, that I am prouder of than any Ballard, Doyle Bartlett, Paul Bernstein, my staff here in my Washington office. other thing that I have worked on Lynne Bigler, Julie Bordelon, Scott Brenner, There have been many, many people Melissa Burns, Rachel Cacioppo, Sandra Car- since I have been in Congress; and roll, Christina Cullinan, Fran Damron, who have worked for me over those much of that work was a tribute to years; and in a moment I am going to James Derfler, Andi Dillin, Susan Dryden, Vaughn Forrest’s effort as he did in Sarah Dumont, David Eisner, Debbie Feld- enter into the RECORD some 99 of those many other cases. man, Terri Finger, Vaughn Forrest, Kristen staffers that I have at least docu- b Foskett, and Teresa Fulton. mented, that I want to recognize be- 1715 James Geoffrey, Elizabeth Gianini, Shan- cause their hard work is what allowed Mr. Speaker, more recently Doyle non Gravitte, James Griffin, Michael Hearn, me to provide this service first to the Bartlett has been my chief of staff who Mark Heidelberger, Jane Hicks, Mary Carl- Fifth Congressional District of Florida was an early aide who came to work for son Higgins, Judi Holcomb, Barbie Howe, and then to the Eighth Congressional me in my district office and who Dawn Igler, Joe Jacquot, Kirt Johnson, Dana Hargon Jones, Vincent Jones, Josh Kane, District of Florida. worked on to be a legislative staffer up Dirk Karaman, Karl Kaufmann, Susan I want to single out some in par- here, and then later my chief of staff. Kessel, Anne Kienlen, Janie Kong, Sue Lan- ticular, though, because even though I And most recently John Ariale, who caster, Carolyn Lindsey, Patti Lockrow, and would like to be able to talk about all currently is my chief of staff, but was Linda Lovell. 99, I cannot do that. I do not have time my district aide for many years, work- Gerry Lynam, Ellen Maracotta, Kevin to, and no one would want me to; but ing to serve the public in the central McCourt, Selma McKinzie, Ferrall some have been with me a long time Florida region tirelessly for a good McMahon, Bob Meagher, Judy Merk, Dave and some have done admirable service. number of years on my staff. Merkel, Helen Mitternight, Lisa Morin, Don Morrissey, Rufus Montgomery, Maureen In my district office, Nancy Personal secretaries, personal assist- Mulherin, Sophia Nash, Karen Nasrallah, Abernethy is a case worker who has ants over the years both in Washington Paula Nelson, Jaclyn Norris, Jennifer Paine, been with me since the very beginning and in Orlando in the central Florida Clif Parker, Mari Parsons, Marissa Barnes when I first began my service, the be- area have meant the difference in my Raflo, Mary Lee Reed, Therese Ridenour, ginning of 1981; and throughout those life and in the ability for me to be able Debby Roeder, and Tom Rosenkoetter. years she has provided service to many to serve. Fran Damron who came to Clif Rumbley, Christy Russell, Ann Scar- constituents, particularly in immigra- Washington to start this process from borough, Eythan Schiller, Karen Schwartz, tion matters and about tax matters, Florida with me, but for unforeseen Jenn Hargon Sikora, Ginny Smith, Lisa Weigle Smith, Teresa Smith, Yvette that is above and beyond the call of family circumstances might very well Sommers, Phil Squair, Janet Sterns, Marise duty in many cases. be in my employ today. Stewart, Pam Tabor, Jay Therrell, Laurie There are literally hundreds of people Mary Lee Reed who still works part Thompson, Carl Thorsen, Chuong Tran, in central Florida today who have had time for me, for many years worked in Steve Van Slyke, Linda Vogt, Tyler Wesson, service provided by Ms. Abernethy in this Washington office as my right Tina Westby, Elaine Whipple, Susan Wil- resolving matters regarding immigra- arm. Today Sue Lancaster in my dis- liams, and Leslie Woolley. tion rulings and immigration concerns trict office who has been with me for f that they would not have had resolved many years, I could not do without The SPEAKER pro tempore. Under a in the way they did if she had not been really in many ways. She has tirelessly previous order of the House, the gen- there to act on their behalf. She still put time in program after program tleman from Washington (Mr. INSLEE) does that today. serving our constituents and working is recognized for 5 minutes. H7548 CONGRESSIONAL RECORD — HOUSE September 13, 2000 (Mr. INSLEE addressed the House. 2,000 years of age and over 350 feet in that they could earn a living utilizing their His remarks will appear hereafter in height, annually attract over one million adults household skills cooking and cleaning for min- the Extensions of Remarks.) and children from around the world who stare ers who couldn't. California was born a land of f in amazement at the enormity of the world's golden opportunities and to this day she con- The SPEAKER pro tempore. Under a tallest trees. Redwood National Park, home to tinues to call to those willing to take a risk in previous order of the House, the gen- over 110,000 acres, was established in 1968 order to improve their own lives. tleman from New Jersey (Mr. and expanded ten years later to protect the Many came to California for only a visit, but slow maturing redwoods. stayed a lifetime. The specious skies, majestic PASCRELL) is recognized for 5 minutes. Fort Bragg, California is the setting for the (Mr. PASCRELL addressed the mountains, and rushing rivers of Northern Annual World's Largest Salmon BBQ, which is House. His remarks will appear here- California stirred their souls, while her fertile held on the July 4th weekend. This year com- after in the Extensions of Remarks.) valleys, gentle climate, and endless opportuni- memorated the 29th anniversary of the event ties captured their imagination. Yes, gold fever f that benefits the local Salmon Restoration As- may have lured early settlers here, but even The SPEAKER pro tempore. Under a sociation (SRA). Its goal is to replenish the though the stores of that precious metal have previous order of the House, the gen- once great numbers of salmon in the Northern mostly given out, people still flock to California tleman from New Jersey (Mr. PALLONE) California waters. Members of the SRA are today. is recognized for 5 minutes. joined by volunteers from across the region As a third generation Northern Californian, I (Mr. PALLONE addressed the House. and help serve 5,000 pounds of salmon, 5,000 am very proud of the beauty and resources of His remarks will appear hereafter in ears of corn, 1,000 pounds of salad and 850 my native land. I am proud to celebrate the the Extensions of Remarks.) loaves of French bread. 150 years that this jewel has been an impor- f The First Congressional District is also tant part of our great nation. The SPEAKER pro tempore. Under a home to Solano County's Travis Air Force Mr. OSE. Mr. Speaker, I rise today rep- previous order of the House, the gentle- Base, which currently houses the largest airlift resenting California's Third Congressional Dis- organization in the Air Force. Travis, estab- trict in celebrating the Sesquicentennial of the woman from Ohio (Ms. KAPTUR) is rec- ognized for 5 minutes. lished in 1942, is assigned to the 60th Air Mo- great state of California's admittance to the (Ms. KAPTUR addressed the House. bility Wing, consisting of the 60th Operations, Union. California's Third District is one of the truly Her remarks will appear hereafter in Logistics, Support, and Medical Groups. For diverse regions of the country. The district the Extensions of Remarks.) 50 years, Travis has presented the Travis Air Expo, attracting more than 200,000 guests stretches from Sacramento's urban, south- f each year, who watch this two-day event fea- western suburbs to the spacious northern CALIFORNIA’S SESQUICENTENNIAL turing multiple performances by some of the country of Tehama, serving as a bridge be- world's top military, civilian and vintage aerial tween the flat agricultural lands of the upper The SPEAKER pro tempore. Under a demonstrators. The Travis Air Expo has estab- Sacramento River Valley and the state's north- previous order of the House, the gen- lished itself as the premier military air show in ern, timber-rich highlands. From East to West, tleman from California (Mr. FARR) is Northern California. the District lies between the majestic Sierra recognized for 5 minutes. Mr. Speaker, these are just a few of the im- and Coastal Range. Mr. FARR of California. Mr. Speaker, on be- portant events held in the First Congressional The roots of the Third District can be traced half of the California delegation, I submit the District that reflect the strength, character and parallel to those of the state. On January 24th, following statements relating to California's integrity of our residents who represent the di- 1848, James Marshall reached into the icy wa- 150th anniversary of Statehood. versity of the entire state. It is appropriate at ters of the American River near Sacramento Mr. THOMPSON of California. Mr. Speaker, this time, Mr. Speaker, that we recognize and and found the first gold nugget. People from I rise today to celebrate California's 150th An- celebrate the birth of the great state of Cali- around the globe came to California in search niversary. This is a momentous occasion as fornia. of their dreams. By August of 1849, the City we recognize the most populace and one of Mr. HERGER. Mr. Speaker, 150 years ago of Sacramento was born and nearly a year the most diverse states in the Union. With 52 this past Saturday the state of California en- later, in September of 1850, the State of Cali- Congressional Districts, each brings its own tered into the Union. I rise today to commemo- fornia was made into the 31st State. culture, tradition, attitude and history to the rate this anniversary, and to celebrate the re- The Northern portion of the district is home state. sources and treasures of the 2nd congres- to some of this country's most beautiful sites, California's First Congressional District con- sional district. including both the Lassen National Park and tains the finest wines, greatest fishing, and Historically, the great state of California is the Mendocino National Forest. The pictur- richest forests in our nation. From chardonnay most often associated with the Gold Rush. esque Sutter Buttes are considered the small- to cabernet, the vineyards within the First Dis- Northern California was the main destination est mountain range in North America. trict produce outstanding varietal wines. The of those in search of quick wealth. The banks Today, the District is one of the leading pro- 400 wineries use cutting-edge science with of the Feather River yielded great riches to ducers of agricultural crops, including an traditional techniques to provide wines of those who were in the right place at the right abundant production of rice, tomatoes, peach- every type and vintage, for beginning tasters time, but the precious metal that caused a es, pears, almonds, pistachios and avocados. to advanced collectors. rush to the West was not the only treasure The Third District is also the home of the Uni- The Napa Valley Wine Auction, held each that California possessed. versity of California at Davis, one of the lead- June, has become the largest and most suc- Young settlers whose dreams had not mate- ing research universities in the country. cessful charity wine auction in the world since rialized in the gold fields soon turned to the But most of all, what makes the Third Dis- its beginning in 1981. Hundreds of wine enthu- fertile Central Valley and envisioned golden trict special are the people who reside in it. siasts and auction-goers from across the na- acres of grain. Today those acres are covered The tight-knit communities in counties like tion, as well as a growing number of inter- with fruit trees, rice fields, and almond and Butte, Colusa, Glenn, Sacramento, Solano, national guests, travel to participate in a gala walnut orchards, as the valley continues to Sutter, Tehama and Yolo instill a strong sense weekend of tastings, dining, art shows, and yield its agricultural treasure, making California of family values that will carry on through fu- auctions. As the auction has grown, along with the leading agricultural economy in the world. ture generations. the wines it showcases, it has raised millions Others looked at the golden promise in the I am extremely proud to reside in and rep- of dollars for local health care. Sponsored by vast forests. Their labor provided the lumber resent the Third Congressional District of Cali- the Napa Valley Vintners Association, the auc- for the growing towns and cities of Northern fornia. It is with honor that I rise today to rec- tion has donated over $16 million to local California. A tremendous renewable resource ognize the 150th anniversary of this Great charities, raising a record-breaking $9.5 million to the American people, our forests provide State and our wonderful district. this year alone. materials for homes and businesses, as well Mr. MATSUI. Mr. Speaker, I rise today to North of the grapevines of Napa, Sonoma, as endless recreational opportunities and habi- recognize California's State Capitol, the great Mendocino, Solano and Lake Counties, lie the tat for unique plant and animal species. city of Sacramento, in celebration of the 150th magnificent Redwoods, which make their Some entrepreneurs recognized that there anniversary of California's admission to the home in Del Norte, Humboldt and Mendocino were other ways to gather gold than simply Union. counties. In the midst of large fishing and tim- panning in a streambed. They opened dry Located in the heart of Northern California, ber industries, these giant trees, some over goods stores, banks and hotels. Women found the River City of Sacramento boasts a rich September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7549 blending of art and culture offering the com- gressional District. This district includes all of linked to its geography. Industry ranging from forts of a small town and the amenities of a Marin and most of Sonoma County, the region oil refining to shipping, an extensive Navy growing metropolitan area. As the capitol of north of the Golden Gate Bridge. The District, presence, and deep concerns about water the sixth largest economy in the world, Cali- initially the home of Native American Tribes, quality and the environmentÐespecially the fornia, Sacramento is home to the world's has been under seven sovereign flags: Eng- protection of the Bay and the Sacramento-San largest almond processing plant, Blue Dia- land, Spain, Russia, Mexico, the Bear Flag Joaquin DeltaÐhave long been central fea- mond and continues to rank as a major agri- Republic, California and the U.S.A. tures of the region. It is no accident that it was cultural producer year after year. But while The Sixth Congressional District has been in Martinez, the Contra Costa County seat, Si- Sacramento has a thriving business commu- home to a wide variety of businesses and ag- erra Club founder John Muir resided and nity, the state legislature also claims Sac- ricultural endeavors. Sonoma County recently wrote his tracts that transformed our view of ramento as its home base. The magnificent earned 3rd place in a nationwide Forbes mag- natural resource protection. State Capital building alone attracts scores of azine that ranked the best cities in which to do The 7th district is also the site of significant world leaders, businessmen and women, business. Since 1987, the area from Novato to national historical events from the era of World school children and tourists alike. Santa Rosa has earned the nickname War II. At the site of the former Port Chicago Helping to keep Sacramento's economy ``Telecom Valley,'' for the large number of tele- Naval Weapons Magazine (currently the Con- booming is its natural positioning as a gate- communications companies that the area has cord Naval Weapons Station), the largest do- way for industry. Located at the crossroads of produced. Marin and Sonoma Counties are mestic loss of life during World War II oc- the state's north-south and east-west trade also home to many other high-tech firms. In curred on July 17, 1944 when over 320 men, routes, Sacramento is able to host a deep- the agricultural arena, Sonoma County con- most of whom were black, were killed in a cat- water port and a major airport. The film indus- tains dozens of vineyards, wineries, and apple aclysmic explosion. The subsequent refusal of try is another enterprise attracted to Sac- orchards. Both counties have a long and black sailors, who were the subject of discrimi- ramento, but for different reasons. From gold- proud history of dairy and poultry farming. nation, to resume the loading of munitions led rush era store fronts to picture perfect Vic- The Sixth Congressional District also has a to the largest court martial in Navy history and torian homes to modern office buildings, Sac- rich musical and artistic history. From the a landmark civil rights case that helped facili- ramento has lent itself as an aesthetically Great Depression through the 1950s, the Rus- tate President Truman's decision to integrate pleasing backdrop to a long list of cinema sian River area of Sonoma County was the the armed forces later in the decade. Con- classics, most recently, The General's Daugh- venue for Big Bands. The Kingston Trio began gress designated the site of the explosion as ter and Oscar Winner, American Beauty. their career in Marin County in the 1950s. the Port Chicago National Memorial in 1992. Major league sports teams have also found Their ownership of the Trident in Sausalito In December of 1999, after a long effort I led a successful and welcoming home along the brought other famous and soon-to-be-famous with other lawmakers, activists, and veterans, Delta. Two major league basketball teams, the to the country. In the 1960s, Marin resident President Clinton issued a Presidential pardon Sacramento Kings and the Sacramento Mon- Bill Graham's productions engendered poster to Mr. Freddie Meeks of Los Angeles, one of archs play to sold out crowds in the Arco art that defined much of the nation's art of that the last remaining men who was court- Arena. Most recently, Sacramento welcomed a decade, just as his concerts defined the pop- martialed more than half a century ago. new team, the Sacramento River Cats. A farm ular music and culture of the times. Today, Richmond, California, on the 7th district's team for the Oakland A's, the River Cats play Sonoma State University is building the Don west side, was a small city when World War in a brand new stadium just 450 yards from and Maureen Green Music CenterÐa music, II began and the Kaiser Shipyards were cre- Old Town Sacramento, bridging together Sac- dance, and drama performance center on the ated to build the Liberty and Victory ships that ramento's colorful gold rush past with a new level of Tanglewood, that will become an inter- supported the war effort. Tens of thousands of set of hometown heroes. national destination for its summer festivals. new workersÐincluding many minorities and Over the years, Sacramento has seen some Film arts in the District are highlighted by womenÐballooned the local population and significant firsts. The initial transcontinental the Mill Valley Film Festival, long known as created the legendary ``Rosie the Riveter'' railroad meeting between the ``Big Four'', Le- the springboard for new talents. The District image. Together with providing women pre- land Stanford, Charles Crocker, Collis P. has often been chosen as a filming location viously unavailable jobs in industrial plants, Hunington, and Mark Hopkins was held above for such movies as Alfred Hitchcock's The Richmond served as the epicenter of dramatic a downtown hardware store in 1860. Also in Birds and Vertigo, as well as Star Wars and changes in American life that were to affect 1860, the Pony Express began its 1,980-mile others. Marin County is also home to George generations including racial and gender inte- ten-day delivery service between St. Joseph, Lucas, a frequent Oscar winner over the last gration of the workplace, group health services Missouri and Sacramento. And Tower several years. and expansive child care. Congress is now Records, America's second largest record re- Sonoma and Marin counties' residents are completing action on my legislation to create a tailer got its start selling used jukebox records notable for their environmental consciousness, National Historic Site to commemorate the rich for 10 cents each in a Sacramento drug store. and a look at the natural treasures of the Dis- history of Richmond's contributions to ending Known for its many acclaimed historical trict makes the reason obvious. The District is WWII and changing our society forever. points of interest such as Sutter's Fort and the home to half of the Golden Gate National Those historic changes continue today with Delta King, Sacramento is also respected for Recreation Area, the nation's most visited Na- the conversion of the former century-old Mare being an environmentally conscious commu- tional Park; Point Reyes National Seashore; Island Naval Shipyard in Vallejo to civilian nity. With all that goes on in and around this the breathtaking Russian River recreation uses including environmental protection and city, one would hardly guess that Sacramento area; plus several state and county parks; local economic development. The 7th district could brag about having more park space per mountains and valleys; redwood groves and has an historic past and today is a critical part capital than any other city in the nation. But it miles and miles of coastline. Truly, the Sixth of the San Francisco Bay Area's economic, is true; this city has many more trees than Congressional District is a place we are all environmental, cultural and communications people. One of the greatest success stories is proud to call ``home.'' life. the American River Parkway. Designated a More information about California's Sixth Ms. PELOSI. Mr. Speaker, this past Satur- natural preserve in 1960, the 32-mile long Congressional District can be found in the day marked the 150th anniversary of the entry parkway is the first, and one of the few, ripar- Local Legacies collection at the American of the State of California into the United ian river habitat preservations within a major Folklife Center for the Library of Congress. States. I rise today to recognize this important urban center. Its 7,000-acres offer opportuni- Mr. Speaker, it is my great pleasure to pay date and to bring to the attention of my col- ties for fishing, rafting, kayaking, hiking, and tribute to the Sixth Congressional District in leagues the important contribution of the Pre- nature study. Clearly, residents of Sacramento honor of California's Sesquicentennial. I am sidio of San Francisco to the history of the have a great city to be proud of. very proud to be representing such an accom- Eighth Congressional District and to the State With all that Sacramento has to offer, some plished and beautiful area of California in Con- of California as a whole. like to think of Sacramento as California's gress. Happy 150th Birthday, California! The Presidio has overlooked San Francisco best-kept secret. True, it is the ideal place to Mr. GEORGE MILLER of California. Mr. Bay since the United States came into exist- live and do business. But I like to think of it Speaker, California's 7th congressional district ence. Built in 1776 by the Spanish Empire in simply as home. includes portions of Contra Costa and Solano North America, the military outpost of the Pre- Ms. WOOLSEY. Mr. Speaker, I rise today to Counties and is situated astride San Francisco sidio was created after the great inland harbor recognize California's Sesquicentennial. I am Bay and the Sacramento River. Its economic, of San Francisco was discovered during colo- very proud to represent California's Sixth Con- demographic and political history is deeply nizing expeditions. The Presidio was briefly H7550 CONGRESSIONAL RECORD — HOUSE September 13, 2000 under the control of the newly independent fifty years ago, California became the 31st nation's academic life. The University of Cali- Republic of Mexico starting in 1821, but was state in the union. It is my great privilege to fornia is one of the finest academic institutions finally transferred to American control by treaty represent the Ninth District of California, which in the country. It was born out of the heady in 1848. has played a vital role in the history, economy, spirit of California's 1849 gold rush. In that In many ways, the history of the Presidio and culture of this wonderful state. year, the authors of the State Constitution de- has mirrored the events that shaped our na- The Ninth District has a rich history of its manded that the legislature ``encourage by all tion. During the 1870's and 1880's, the Pre- own in the last 150 years. Home to the City suitable means the promotion of intellectual, sidio served as a frontier outpost, from which and Port of Oakland and the University of scientific, moral and agricultural improvement'' soldiers saw action in the Indian Wars. San California at Berkeley, this East Bay area of- of the people of California. The gold rush may Franciscans are proud of the service at the fers ethnic diversity, intellectual ferment, and have played out, but the university that was Presidio during this time of the Buffalo Sol- economic vitality, and has made a wide array eventually created at Berkeley has uncovered diers, all Black-regiments established to help of contributions to science, technology, lit- a rich vein of ideas. Today, the University of rebuild the country after the Civil War and to erature, the arts, and business. California ranks among the top universities in patrol the western frontier. Oakland emerged as a major commercial the world. By the turn of the century, the Presidio shift- and transportation center in the heyday of the The historic landmarks in this district include ed from an outpost to a major military installa- California Gold Rush of 1849. It became a the Camron-Stanford House, Dunsmuir House, tion and a base for American expansion into crucial transit point from the San Francisco Mills Hall located on the Mills College campus, the Pacific. In 1898, tens of thousands of Bay to Sutter's Mill and the Sierra Nevada the Paramount Theatre, the U.S.S. Hornet American soldiers camped at the Presidio in foothills. Oakland dramatically expanded after (CV±12), the several buildings designed by ar- preparation for the invasion of the Philippines the tragic San Francisco earthquake of 1906 chitects Julia Morgan and Bernard Maybeck. during the Spanish American War. In 1915, as Californians sought firmer ground. The city Additional landmarks in the district include the General John Pershing, later to become the again ballooned upward in population during C.L. Dellums Train Station, the just-opened commander of U.S. expeditionary forces in the Second World War, when thousands of Chabot Observatory and Science Center, Chil- World War I, led the pursuit into Mexico of Americans came to the District to work in the dren's Fairyland (Walt Disney's blueprint for Pancho Villa from the Presidio. The Presidio busy shipyards, the Oakland Army Base, and Disneyland), Jack London Square, Lake Mer- became headquarters for the Western De- the Naval Air Station in Alameda. ritt, Lawrence Hall of Science, Oakland's fense Command during action in the Pacific in As the city grew, so did its commitment to Chinatown, and the Ronald V. Dellums Fed- World War II, and soldiers began digging fox- progressive activism. Individuals such as eral Building. holes in local beaches in anticipation of a pos- Cotrell Lawrence Dellums, a Pullman porter In recent history, our district is experiencing sible invasion. and a Bay area representative for the Brother- increased growth of ``dot coms,'' biotechnology Playing a significant role in the preservation hood of Sleeping Car Porters, began orga- research centers and hi-technology companies of nature, the Presidio's role in the San Fran- nizing fellow African-Americans to join the such as Bayer, Chiron, Sybase and Wind cisco Bay Area transcends its military roots. union in 1925, when Oakland was still strongly River. As far back as the 1880's, the first large-scale linked to the passenger rails. As the head of Four of our annual events were recently tree planting and post beautification projects the Alameda County NAACP, he helped the placed as a ``Local Legacy'' as a centerpiece were undertaken at the Presidio. The building AFL±CIO consolidate its membership by deliv- of the Library of Congress' Bicentennial cele- of the Golden Gate Bridge from 1933 to 1937 ering the support of Black railroad workers bration. These events are the Solano Stroll, increased the public use of the Presidio. The and members of the NAACP, and was among Dia de los Muertos, the Black Cowboys Pa- Presidio was designated a National Historic the first to organize voter registration cam- rade and the Festival of Greece. I am proud Landmark in 1962. From that time to its even- paigns in the district. that these events are recognized by the Li- tual closure as a military base in 1989, and its C.L. Dellums' spirit of activism has remained brary of Congress as a local legacy. transfer in 1994, thanks to the visionary ac- alive in California's District Nine throughout With a century and a half of history behind tions of Philip Burton, to the National Park the years, demonstrated by minority groups it, California now stands at the brink of a new Service, the significance of the Presidio has organizing to demand equality, the student century and a new millennium. Its gold-rush shifted from a strategically important military anti-war protests at the University of Cali- inspired state motto is ``Eureka,'' a Greek word base to a gem in the National Park system fornia, and working men and women joining proclaiming discovery. As we move forward and an integral part of California's landscape together to demand better working conditions. into the future, we must continue to celebrate and history. Two-time Socialist Party Candidate for our diversity, remember our past, and refute Today, the Presidio continues to reflect the Mayor and ``Call of the Wild'' author Jack Lon- Gertrude Stein's famous Oakland lament that changing priorities of our nation. In a change don called Oakland his home for nearly thirty ``there was no there there.'' There is a there, reflecting a swords-to-plowshares approach, years. From that city, London wrote many of there, and for a hundred and fifty years there the former military installation at the Presidio his vivid evocations of the Far North. The East has been. has become a national park like no other. Sur- Bay's sometimes chilly climate may have Mrs. TAUSCHER. Mr. Speaker, I rise today rounded by dense neighborhood in San Fran- helped inspire some of his more picturesque to celebrate the Sesquicentennial of Califor- cisco, the Presidio is now an urban oasis of depictions of life in the Yukon. Nor was Lon- nia's admission into the Union as the nation's open space that preserves a critical habitat for don the only cultural icon to grace Oakland's 31st state on September 9, 1850. California's some rare and endangered species. The Pre- streets: Robert Louis Stephenson, and Ger- 10th Congressional District has been instru- sidio contains an incredible assortment of rec- trude Stein both lived in Oakland, and all en- mental in the state's history. In the 1800s, my reational, cultural, and natural resources that riched our literary heritage. Today, Jack Lon- district had a strong connection with the Old makes it a top destination for visitors to San don Square bears Oakland's famous son's West, populated by Americans during Califor- Francisco and a well-loved and visited site for name, such an important part of the city that nia's Gold Rush and a center for miners. The the City's residents. Fittingly, the Presidio has is standing at the waterfront. 10th Congressional District became one of the also become home to a Swords-to-Plowshares As a sea, air and rail port, Oakland is at the main routes to the gold fields and quickly be- program which helps veterans re-assimilate hub of California trade. The maritime port came a mercantile stopover for miners seek- into civilian society through job training, hous- stretches across nineteen miles of San Fran- ing their fortune in the Mother Lode. ing assistance, and counseling. cisco Bay. One of the largest ports on the Many of those miners purchased land in this Mr. Speaker, the Presidio of San Francisco, West Coast, the Port of Oakland is today sec- beautiful area. In 1854 Daniel and Andrew with its proximity to the Golden Gate Bridge ond only to New York in terms of container Inman founded Danville when they bought 400 and the California Coastline, its beautiful for- terminal space. It is the primary sea terminal acres with their mining earnings. By 1858 the ests and unique ecology, and especially its connecting the western United States of Asia, new Danville community grew and thrived, role in the development of California, deserves South America, and Europe. Like the seaport, complete with a blacksmith, hotel, recognition for its place in the history of the the airport also represents a crucial link in the wheelwright, general store, and a post office. Golden State. I am proud to recognize this chain of intrastate, interstate, and international The City of Lafayette was well known contribution and to honor the Great State of commerce. The Oakland Airport was also the throughout California in the early 1860 as a California on its sesquicentennial anniversary. starting point in 1937 for Amelia Earhart's ill- stop for the Pony Express from April 3, 1860 Ms. LEE. Mr. Speaker, I am proud to rise fated round-the-world flight. to late October 1861. The 200-mile trail served today to commemorate the Sesquicentennial In addition to its role in transportation, the as the fastest mail delivery between St. Jo- of California's statehood. One hundred and Ninth District also plays a leading role in the seph, Missouri and Sacramento, California. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7551 The Town of Moraga was named for Joa- It was 50 years agoÐin the summer of Filipino, South Asian, Japanese, Southeast quin Moraga, the grandson of Joseph Joaquin 1950 when California celebrated the centen- Asian and others. Over an eighth of our popu- Moraga who was the second in command of nial of its admission to the UnionÐthat my lation is Hispanic with a smaller population of the Anza Expedition of 1776, the founder of new bride and I moved to the San Francisco African Americans. A recent article in the San San Francisco, Mission Delores and the Bay Area. And it was half a century ago that Francisco Examiner on Daly City referred to founder and first commandant of the Presidio. Annette and I began our connection with the this diversity in praising the mixture of ``Span- In 1835, he received a 13,316-acre land grant part of our state that is now the 12th Congres- ish, Tagalog and Hindi'' heard in the city's from the Mexican government, which included sional District. In the fall of 1950, I began my markets, and noted that ``ethnic diversity is a parts of Orinda and Lafayette. On a hill over- studies as a graduate student in economics at source of pride for the community as reflected looking the Moraga Valley, Joaquin Moraga the University of California, Berkeley, and at in its integrated neighborhoods.'' As the State built an adobe home, thought to be the oldest the same time I began teaching at San Fran- of California moves from a majority white to a building in Contra Costa County. cisco State University. When we arrived in ``majority minority'' population and as our na- Today the 10th Congressional District main- California, it had a population of 10.6 million. tion's population becomes increasingly di- tains its historic roots combining clusters of Today, Mr. Speaker, our state's population verse, the 12th Congressional District is a har- narrow roads and early buildings with 21st has reached 33.1 millionÐ1 out of every 8 binger of the benefits of a harmonious, eth- Century high technology office parks. The citi- Americans is a Californian. nically diverse community. zens in the 10th Congressional District are As we mark 150 years of statehood, it is in- Mr. Speaker, this is not to say that tolerance among the highest skilled and educated work- structive to look both to our historic past, but and multi-ethnic harmony has always been the force in the nation. While they are at the epi- at the same time to look to the future, and case in our state. California, as the rest of the center of the high-tech economy, they are also California and the 12th Congressional District nation, has had its share of discrimination and committed historic preservation and protecting was as important in shaping our nation's past racism. Chinese and other Asians suffered the natural physical environment in one of the as it is today in leading the way toward our harassment and intimidation during the era of nation's more desirable places to live. The nation's future. the Chinese Exclusion Act. During World War 10th Congressional District is committed to Mr. Speaker, in the mid-19th century, the II, tens of thousands of American citizens of preserving its past and looking forward to the Bay Area was the principal gateway to the Japanese ancestry were sent to relocation next one hundred-fifty years as a part of this California gold rush. In 1847Ðwith the Mexi- camps. Hispanic-Americans have faced dis- great nation. can War still underway, two years before of crimination for using Spanish and maintaining Mr. POMBO. Mr. Speaker, I rise today with the influx of the gold miners of 1849, and their national cultures. But we have learned, my fellow delegates to celebrate and honor three years before California's admission to we have made progress, and we continue to the 150th birthday of the great state of Cali- the UnionÐSan Francisco had a population of struggle with the complications of diversity. fornia. 459 people, half of whom were U.S. citizens. Mr. Speaker, a second element is the im- I have the honor of representing the 11th Three years later on July 1, 1850, the U.S. portance of the Peninsula and of San Fran- district of California, which includes the San Census Bureau reported that the population of cisco in our state and our nation's economy. Joaquin County cities of Stockton and Lodi. San Francisco was 94,766, and at that same A century and a half ago, panning for gold Each has played a dynamic part in the historic time, 626 vessels were anchored in the San made a few people rich quickly, but those who and economic development of the Golden Francisco Bay. made the real contribution to our state and our State. nation's economy as well as real wealth for The town of Lodi was settled by families of When California became a State, the legis- themselves were the individuals who brought German descent from North Dakota. It first lature established San Francisco County, but the entrepreneurial spirit which gave rise to served as a railroad stop known as with the explosive growth of the area just six such legendary businesses as Levi Strauss, Mokelumne Station in 1869, which was re- years later in 1856, it was necessary to create Ghiradelli chocolate, and the Wells Fargo named to Lodi three years later. Formally the the new county of San Mateo from the south- Bank. ``Watermelon Capital,'' Lodi today is known as ern part of San Francisco County. After the A century and a half ago, Gold was discov- the ``Wine grape Capital'' of the world. This initial chaos of the early years of the gold ered at Sutter's fort on January 24, 1848, but booming town of over 50,000 residents is rush, the growth of these two counties was the first newspaper story about the discovery home to the Tokay Grape and over 40,000 more orderly but still robust. to appear in a newspaper in the eastern acres of vineyards. Some of California's finest San Mateo County was given a boost by the United States was only published eight wineries are located in nearby Woodbridge tragedy of the massive 1906 San Francisco months later in the New York Herald on Au- and Acampo. earthquake, when thousands of displaced and Stockton is the backbone of California's ag- terrified residents fled the city and encamped gust 19. When California was formally admit- ricultural hub and home to nearly 250,000 in what became Daly City. As the Bay Area ted as a State to the Union on September 9, residents. It is our state's largest inland ship- developed, San Mateo County likewise grew 1850, it required six weeks for the steamer ping port, which sends the San Joaquin Val- as a cluster of communitiesÐeach filled with bearing the banner ``California is a State'' to ley's farm products to the open market. growing numbers of Irish, Italian, Greek, and arrive in San Francisco. The celebration of Thanks to its rich soil and temperate climate, Asian-Americans moved to the suburbs from statehood in California did not take place until Stockton is one of the most productive grow- ``the City.'' Each of these cities developed its October 29Ða full 50 days after statehood ing areas in California. Major crops include as- own unique character and flavor, and each was a reality. Today, California is in the fore- paragus, cherries, tomatoes, walnuts and al- has contributed to the diversity and cohesion front of the instantaneous communication rev- monds. Stockton is also home to the Univer- of our area. olution, as Internet communication and e-com- sity of the Pacific, a charming campus known TodayÐa century and a half after California merce led by firms in Silicon Valley and San for its programs in law and pharmacy. Stock- became our nation's 31st stateÐthe 12th Con- Francisco revolutionize the way the entire ton has historically been a multicultural city. gressional District continues to reflect the rich world communicates. Older generations of families from Europe and diversity of our past and the golden hope for Today, Mr. Speaker, we continue to have an Mexico are being joined by new arrivals from our state and our nation's future. Two ele- ebullient economy in the Bay Area, and this is South East Asia and Central America. In ments strike me as particularly significant in an important element of our state's contribu- 1999, Stockton was awarded the ``All Amer- this regard, Mr. Speaker. tion to the entire nation. As our distinguished ican City'' award by the National Civic League. First, the 12th Congressional District reflects Governor Gray Davis said recently: ``We're ex- Mr. Speaker, it is indeed a great honor to be the ethnic complexity of California and of the periencing a second Gold Rush. People came a life long native of the 11th district and to nation. As The Los Angeles Times (Sep- here 150 years ago to find their fortune, and represent it today in the Congress. The 11th tember 8) noted, ``The Gold Rush was a defin- the dot-com economy is bringing another gen- is one of the most diverse culturally and eco- ing moment in the nation's history, a remark- eration of risk takers and entrepreneurs. All nomically. But together, its people serve an able, virtually overnight influx of people from this energy and vitality helps drive our econ- important role in the economy of both Cali- every quarter of the world.'' In many ways that omy and makes for the robust society we cur- fornia and America. I am pleased to join my influx of a diverse population a century and a rently enjoy'' (San Jose Mercury News, Sep- delegates today in celebrating the Sesqui- half ago established the pattern of our state. tember 9). Today legendary companies in the centennial of the Golden State. Ethnic diversity is not just a concept in our 12th Congressional District such as Oracle in Mr. LANTOS. Mr. Speaker, I join my col- area, it is a daily reality. the information technology sector and leagues from the golden State of California in One quarter of our population in the 12th Genentech in the biotech sector are leading marking the 150th anniversary of statehood. Congressional District are AsianÐChinese, the nation in creativity and innovation. H7552 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Mr. Speaker, it is important today that we was manufacturing over 370 electronic prod- same time. From 1958 to 1959, electrical engi- not only mark a century and a half of Califor- ucts and in 1972, H±P introduced the first of neers Robert Noyce, co-founder of the Fair- nia's statehood with celebration and congratu- its hand-held calculators which would cement child Semiconductor Corporation, and Jack lation, but that we also use this opportunity to the company's place in the forefront of the Kilby of Texas Instruments, were working on reflect upon how our past has shaped our electronics industry. The company, of course, an answer to the same dilemma: how to make present and how the decisions we take today also manufactures computers and by 1994, more of less. In designing a complex elec- will determine our future. If we commit our- H±P's sales in computer products, service, tronic machine like a computer, it was nec- selves to continue and strengthen the best of and support were almost $20 billion, or about essary to increase the number of components our state's traditions, we can assure that the 78% of its total business. involved in order to make technical advances. future for our children and grandchildren will The garage where Hewlett-Packard began The monolithic (i.e., formed from a single crys- be even more golden than our past. still remains and is a reminder of how great in- tal) integrated circuit placed the previously Mr. STARK. Mr. Speaker, I rise today to ac- ventions and companies can spring from hum- separated transistors, resistors, capacitors and knowledge California's historic 150th birthday ble origins. The 14th Congressional District connecting wiring onto a single crystal (or celebration. California officially entered the has become the heart of a booming techno- ``chip'') made the semiconductor material. United States on September 9, 1850 but the logical revolution that continues to change the Kilby used germanium, while Noyce used foundations for the development of California world in which we live and expand the bound- silcon to create the semiconductor material. were in place well before this important date. aries of human and scientific accomplishment. As a result of their novel research, in 1959, Under the Spanish Empire, the colonization I'm proud to represent this distinguished dis- U.S. patents were issued to Jack Kilby and eventual settlement of California was trict and I ask my colleagues, Mr. Speaker, to (awarded the 1970 National Medal of Science) greatly influenced by the mission system. The join me in honoring the 150th anniversary of and Texas Instruments for miniaturized elec- missions were founded to secure Spain's the State of California. tronic circuits and to Robert Noyce (the found- claim to land and to teach the native people Mr. CAMPBELL. Mr. Speaker, a leader in er of Intel) and Fairchild Semiconductor Cor- Christianity and the Spanish way of life. The the U.S. and global economy, CaliforniaÐin poration for a silicon-based integrated circuit. placement of the missions had a direct impact particular, Silicon ValleyÐis an economic pow- After several years of legal battles, however, on the development of California, as the mis- erhouse. From the quicksilver mercury mines Texas Instruments and Fairchild Semicon- sions fostered agriculture, vintnering, livestock to the high-tech computer industry, as is the ductor Corporation wisely decided to cross- raising, and trade as well as religion. case with California as a whole, Silicon Valley licence their technologies. The first commer- I am proud to recognize Mission San Jose, has a rich, diverse history. As we turn to cele- cially available integrated circuits were manu- a historical mission in Fremont, California and brate the 150th anniversary of California's factured by Fairchild Semiconductor Corpora- part of the 13th Congressional District. Mission statehood, we are prompted to reflect upon tion in 1961. In the same year, Texas Instru- San Jose was founded on June 11, 1797, by our region's natural wealth and, most impor- ments used the ``chip'' technology in Air Force Father Fermin Francisco de Lausen. The mis- tantly, to reflect upon the spirit of its people. computers and later to produce the first elec- sion was the fourteenth of the twenty-one Mr. Speaker, as I rise to pay tribute to the tronic portable calculator. Since then, all com- Spanish Missions in California and was one of Golden State's sesquicentennial, I wish to puters have begun to employ ``chips'' instead the most prosperous of all the California mis- honor those Californians, past and present, of individual transistors and their accom- sions. Mission San Jose was the center of in- whose dedication and ingenuity have made panying parts. dustry and agriculture; its location was chosen this state one of which I am proud to rep- Like Silicon Valley's economy, the develop- for the abundance of natural resources in this resent in Congress. ment of the integrated circuit has undergone region. Silicon Valley's first inhabitants, the Ohlone tremendous change. The original circuit had In 1868, a giant earthquake shattered the Indians, discovered one of the original and only one transistor, three resistors and one ca- walls and roof the Mission San Jose church. richest mines in California. The discovery of pacitorÐit was the size of an adult's pinkie fin- The site was cleared and a wood Gothic-style the red ore of mercury (dubbed ``mohetka'' by ger. Today's integrated circuit is smaller than church was erected directly over the original the Ohlones), however, quickly changed the a penny and holds 125 million transistors. The red tiled mission floor. In 1956, the town of face of the region. It also impacted the rest of industry generates approximately $1 trillion an- Mission San Jose incorporated with four oth- California, as the mercury discovery favorably nually, and ``chip'' technology is considered ers to become the City of Fremont. Plans to contributed to the success of gold and silver one of the most important innovations of hu- reconstruct the church of Mission San Jose mining. Andres Castillero, a Mexican cavalry mankind. were begun in 1973. Mission San Jose stands officer, was the first to file a legal claim to the The one thing that has not changed in Sil- today as a testament to California's history mineral deposit, and was granted title, during icon Valley: the independent, entrepreneurial and the influence of the Spanish as part of the mid-1800s. Following the Mexican-Amer- spirit of its citizens. Mr. Speaker, as we recog- California's rich heritage. ican war and California's entry into the United nize California on its 150th anniversary, I want As we commemorate the Sesquicentennial States, the Quicksilver Mining Company as- to pay tribute to those Californians, especially anniversary of California, I am proud to recog- sumed management of the mines in 1864. the native Ohlone Indians, and to Mr. nize Mission San Jose and the part it has Like his successors, Samuel Butterworth, first Butterworth, Mr. Kilby, and Mr. Noyce, who played in the history of California. President of the Quicksilver Mining Company, have made invaluable contributions to the Ms. ESHOO. Mr. Speaker, I rise today to did much to initiate early development of to- prosperity of this state and to its people. celebrate the 150th anniversary of the State of day's Silicon Valley. During his tenure at the Ms. LOFGREN. Mr. Speaker, today I proud- California and the innovations of its 14th Con- Company, seven hundred buildings were con- ly pay tribute to California on its 150th birth- gressional District. California has numerous structed to support the quicksilver mining com- day. I would like to congratulate the great historical landmarks, but only one is a garage munity including a company store, school- state of California and to recognize the Six- in Palo Alto where the technological revolution house, boarding house, a community center, teenth District for its contributions to Califor- was born. A plaque proclaims this The Birth- and church. nia's rich history. place of Silicon Valley. Although the bonanza days of quicksilver Mr. Speaker, the history of California begins In 1938, William R. Hewlett and David Pack- production are over, and only a few landmarks long before the introduction of Europeans to ard rented a garage to found a fledgling elec- remain, the century of mercury production and our land. For centuries the Ohlone, locally the tronic business and it was here that they pro- the hard work of early miners have left an in- Muwekma, lived in peace and in tranquility duced their first commercial audio oscillator, delible mark on California. The same entrepre- along the banks of the Guadalupe River in an instrument that generates audio fre- neurial spirit, which led to the early economic what has since become the city of San Jose. quencies used by the broadcast and entertain- development of California, can still be found in But centuries of peaceful existence for the ment industries to test sound quality. Orders Silicon Valley today. Two recent pioneers, Muwekma came to an end when, on Novem- soon began to pour in from companies such Jack Kilby and Robert Noyce, paved the way ber 29, 1797, Spanish Lieutenant Jose as Walt Disney, and the Hewlett-Packard for the region becoming a global leader in the Juaquin Moraga established the Pueblo de Company was born. high-tech computer industry by inventing the San Jose de Guadalupe. Created for the pur- By the end of 1939, sales had soared to al- integrated circuit. pose of supplying the presidios of San Fran- most $5,000 a year, and Hewlett-Packard was It seems that the integrated circuit was des- cisco and Monterey with food, the Pueblo be- forced to abandon the garage for more spa- tined to be developed. Two inventors, unbe- came the first civil settlement in California. cious quarters to house their rapidly expand- knownst to each other, both designed almost The Pueblo was originally located one mile ing company. Within 20 years Hewlett-Packard identical integrated circuits at roughly the north of what is now downtown San Jose, but September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7553 due to flooding by the Guadalupe River, the tlers began to leave the Presidio and expand business, and a distinguished marketplace for Pueblo was forced to move south. With its fer- throughout Monterey. agriculture. tile soil, the new location quickly became a After Mexico's secession from Spain in Mr. Speaker, I represent the 19th District of center for agriculture. The rich harvests of the 1822, Monterey flourished as Mexico opened California, which spreads across the farm fields attracted settlers, causing the population up the region to international trade never al- country below the Sierra foothills from Visalia, of the area to rise quickly and steadily. lowed under Spanish rule and designated south of Fresno, to the mountainous Mariposa The rapid growth and development of this Monterey as California's sole port of entry. County. Most of the landmass I represent is area marked an important time in California's This booming trade also attracted American part of the Sierra Nevada, and it contains history. By 1798 the Pueblo was so widely settlers to the Peninsula, many of whom even- most of three national parks: Yosemite, Kings populated that its inhabitants constructed a tually became Mexican citizens. Canyon, and Sequoia. I am truly honored and one story, adobe Town Hall to meet the citi- However, on July 2, 1846, Commodore privileged to represent an area so rich in zens' needs. The Hall housed the jail, court- John D. Sloat arrived in Monterey Bay, raised splendor and American history. room, council chamber, and the offices of var- the American flag and claimed California for Fresno, for example, is a city of both agri- ious governing officials. the United States. The Commodore waited cultural and industrial importance in California. One such officialÐLuis Peralta, an Apache five days before, on July 7, 1846, he finally A creation of the industrial age, Fresno was Indian from Tubac, Mexico, was particularly in- sent 250 soldiers to land and take possession founded by the Central Pacific Railroad. Its fluential in California's development and of the city. Monterey was captured without a city fathers also bred the local wine grape, de- growth. At the age of sixteen Peralta came to single shot being fired. The American occupa- veloped the raisin industry, and cultivated the California with two hundred and forty other tion lasted until the signing of the Treaty of Smyrna fig. Now, Fresno County's crops also colonists on the Juan Bautista de Anza Expe- Guadalupe Hidalgo in 1848, thus making all of include cotton, citrus, tomatoes, cantaloupes, dition from Mexico. In 1807 the Spanish gov- Alta California part of the United States. plums, peaches, and alfalfa. In fact, Mr. ernment appointed him to the position of As the most prominent city in the region, Speaker, Fresno County has grown to cur- Comisionado del Pueblo de San Jose, and Monterey was the obvious selection as the rently produce more farm products in dollar during his tenure he helped to shape the site for California's Constitutional Convention value than any other in the country. growth of the Pueblo and the surrounding in 1849. For six weeks 48 delegates of diverse My home of Mariposa County is also of area. His endeavors in furnishing troop sup- backgrounds met in Colton Hall in downtown great historical significance. At one time it oc- plies, supervising public works, and keeping Monterey to debate and vote on the final text. cupied more than one-fifth of the state's the peace earned him good favor in the eyes The constitution was signed on October 13, 30,000 square miles and is currently home to of the Spanish government. In 1820 Spain 1849, and president Millard Filmore officially the oldest working courthouse west of the granted Peralta 44,000 acres of land, the larg- welcomed California as our 31st state in 1850. Rocky Mountains. Made of hand-planed local est land grant of the time. The grant included As the birthplace of American California, the lumber is 1854, the Mariposa County Court- the present day cities of Albany, Berkeley, city of Monterey is proud of its contributions to house remains the seat of government and Emeryville, Oakland, Alameda, Piedmont, and California's statehood. Further, I am proud to justice to this day and is on the National Reg- parts of San Leandro. Peralta split the land congratulate California on its sesquicentennial ister of Historic Places. between his four sons: Vincente, Doming, An- anniversary. The courthouse was accepted as a National tonio and Ignacio; they went on to develop Mr. CONDIT. Mr. Speaker, as the Great Historic Landmark because some of the most and populate the land. State of California celebrates its celebrated and noted civil, mining, and water Thanks to the development of the Pueblo sequiscentennial, I would like to recognize the cases were held in its courtroom: the Fremont and the areas surrounding, this area has con- very fine people I have the privilege of rep- land grant title and Biddle Boggs v. Merced tinued to grow and flourish through present resenting in the 18th Congressional District. Mining Company are but two. During the 1953 times. It continues to contribute to California's Located in California's great Central Valley, centennial celebration of the courthouse, the economy as a center for high tech and manu- it is recognized as one of the richest agricul- State Bar recognized the building's signifi- facturing companies as the ``Capitol of Silicon tural areas in the world and represents some cance by declaring it to be preserved as a Valley,'' and ranks second as a national leader of our nation's finest resources. Comprising all ``shrine to justice in California.'' in exports. Mr. Speaker, again I would like to of Stanislaus and Merced Counties and por- As you can see, Mr. Speaker, the 19th Dis- congratulate the people of California's Six- tions of San Joaquin, Madera, and Fresno trict of California has played a fundamental teenth District for their influence on the history counties, the 18th District is within a few hours role in California's history. From developing and prosperity of the state. of all of California's riches, with Merced Coun- the agriculture industry, to shaping our civil Mr. FARR of California. Mr. Speaker, it is ty being the ``Gateway to Yosemite'' National and natural resource laws, the 19th District's with great pleasure that I rise to congratulate Park. cities are models for emerging communities California on its 150th anniversary. I would like Many of the first settlers to the area at- across the country. I am honored to represent to take this opportunity to mark the contribu- tracted by gold. Today it is affordable housing, this district and to have been a lifelong resi- tions of California's 17th district to California's good jobs and the California climate that lure dent of Mariposa County. Mr. Speaker, please rich history. many of the newcomers. I am proud of report join me in celebrating the Sesquicentennial of As the site of the Constitutional Convention the first research university of the new millen- the Golden State: California. in 1849, the city of Monterey played a pivotal nium will be built by the University of Cali- Mr. THOMAS. Mr. Speaker, I want to join in role in California's admittance to the Union as fornia in Merced as we pave new paths and commemorating California's 150th year as a our 31st state. But, the Monterey region also start new journeys into a golden tomorrow. State. Our diversity and the pioneering spirit of has a rich history that extends back several I would be remiss however if I didn't accu- our people should be clear to anyone who vis- millennia before people from around the globe rately point to the richest of our resourcesÐ its the communities in Kern and Tulare Coun- landed on its shores in the 16th century. Na- the people who call the 18th Congressional ties in my Congressional District, the 21st. tive Americans enjoyed an abundance of nat- District home. Within its boundaries are a peo- While the image other Americans have of ural resources as early as 500 BC. ple tightly woven together by a rich cultural California is often that of beautiful beaches, Monterey was later discovered by Spain on tapestry. Our strength is found in the diversity high tech industries and outstanding sports November 17, 1542 when Juan Cabrillo spot- of our poepleÐproud, independent and full of teams, the real California stands out when ted La Bahia de los Pinos (Bay of Pines). It character. anyone visits Kern and Tulare. These are rural wasn't until 60 years later, in 1602, that Se- Like the pioneers who once settled our counties where families have built some of the bastian Viscaino officially named the region great state, these people embody the same nation's best farm businessesÐdairy, cotton, ``Monterey'' to honor the Viceroy of New Spain spirit of adventure that will lead California into table grapes, oranges, almonds and pistachio who had authorized his expedition. a prosperous future. nuts. The California oil industry is centered on The Peninsula was first settled in 1770 Mr. RADANOVICH. Mr. Speaker, I stand this areaÐover half the oil production in Cali- when Gaspar de Portola and Father Junipero today with my fellow delegates in celebration fornia comes from Kern County. At the same Serra arrived by land and sea to establish the of the Sesquicentennial of the State of Cali- time, national public lands, including wilder- City of Monterey itself. Monterey began its re- fornia. ness areas, provide some of the finest oppor- nown as the fiscal, military, and social center As you know, California was admitted into tunities for recreation anywhere in the United of Mexican California when Spain chose the the union as the nation's 31st state 150 years States. city as the capital of Baja and Alta California ago. Since that time, our state has developed If someone wants to see how Californians in 1776. In the decades that followed, the set- into a capital of the arts, a headquarters for have continued to pursue new ideas, how they H7554 CONGRESSIONAL RECORD — HOUSE September 13, 2000 work and how they have built strong commu- prime film location. Fort Apache with John As you can see, Mr. Speaker, I believe my nities around the use of natural resources and Wayne, Columbia's Jungle Jim series with district has the best of everything, and so high technology, they ought to come out and Johnny Weissmuller, and TV shows such as does my state. I am proud to serve the resi- meet with my friends in Kern and Tulare The Adventures of Rin Tin Tin and Sky King dents of the 24th District of California. Counties. were filmed at the Corriganville Movie Ranch. Again, I wish California a happy 150th birth- Mrs. CAPPS. Mr. Speaker, I am honored to Movie stars also made their home here, and day. represent the beautiful Central Coast of Cali- many still do. Ojai is world-renowned for its Mr. MCKEON. Mr. Speaker, I stand today fornia and to celebrate the 150th anniversary arts community. with my fellow delegates in celebration of the of California's admission to the Union. California's aerospace industry also found a Sesquicentennial of the State of California. The 22nd Congressional District lies on home and a skilled labor force in the 23rd California was admitted to the Union 150 California's Central Coast and is considered Congressional District. The space shuttle's years ago as the Nation's 31st state. Since one of the most beautiful areas in the United main engines were designed by Rocketdyne that time, California has grown dramatically. States. The district includes Santa Barbara and tested at its Santa Susana Field Labora- This state, once known as part of the ``Wild and San Luis Obispo counties and features a tory, as were the engines for the Apollo and West,'' has now become a vast metropolitan spectacular coastline and majestic mountains. other space missions. region of business, enterprise and entertain- It offers a unique mix of major cities and small Much has changed in 150 years, but much ment. towns, bountiful vineyards, farms and ranches, remains the same. Agriculture is still Ventura and five highly esteemed colleges and univer- County's number one industry, although it is I represent the 25th district of California, sities. now shipped throughout the world from Ven- which consists of three major areas: the Ante- The Central Coast has a long history which tura County's very own port of entry, the Port lope Valley, the northwest San Fernando Val- embraces the experiences of Spanish explor- of Hueneme. One of the country's two Seabee ley and the Santa Clarita Valley. Each of ers and missionaries, the Chumash Indians, a bases is in Ventura County, and the Navy's these areas has contributed a great deal to warm climate and a diverse blend of wildlife. test firing range for the Pacific Fleet is here. the heritage of our state. One small town is named Los Osos, or the But Ventura County also is helping to lead The Antelope Valley was first settled in Valley of the Bears, for the grizzly bears that California and the nation into a better future. 1886 by 50 to 60 families of Swiss and Ger- were once discovered by the explorers and Technological and biomedical firms, led by man descent. Desiring to reside in California, missionaries. Amgen, have sprouted up along the 101 cor- these families were told to travel until they In 1772, Father Junipero Serra, established ridor. With the opening of California State Uni- saw palm trees. Arriving in the Antelope Val- one of the first missions in the state, the Mis- versity, Channel Islands, in 2002, high-tech ley, they mistook the numerous Joshua trees sion San Luis Obispo de Tolosa because of firms will find yet another reason to locate for palm trees and settled, naming their new the region's unmatched beauty and natural re- here. And, the school's teaching college will town Palmenthal. This name was eventually sources. Known as the ``Jewel of the Central help the nation fulfill its commitment to our changed to that of the current city, Palmdale. Coast,'' San Luis Obispo is host to a variety children. The Antelope Valley has often been referred of natural wonders, including 80 miles of pris- Mr. Speaker, California is a state com- to as the Aerospace Capital of the United tine Pacific Ocean coastline, rolling green hills, promised of visionary people with diverse States. U.S. Air Force Plant 42, in Palmdale, and fresh blue lakes. backgrounds but with a common goal to suc- was the birthplace of the B±1 and B±2 Bomb- Also known for its rich Spanish heritage, ceed. Its future remains bright for another 150 ers, the SR±71 Blackbird, the space shuttle Santa Barbara is home to the ``Queen of Mis- years. and the next generation space shuttleÐthe X± sions,'' an 18th century Spanish-style mission, Mr. SHERMAN. Mr. Speaker, today I join 33. Also, the Boeing Co., Northrop-Grumman, after which much of the city's architecture and my 51 colleagues from the Great State of Cali- and Lockheed-Martin maintain production fa- style has been modeled. In fact, this cultural fornia to pay tribute to its 150th Statehood An- cilities here. The Antelope Valley's largest city, gift is celebrated each year with a week-long niversary and to the 24th Congressional Dis- Lancaster, is home to a first-class performing ``Fiesta,'' or ``Old Spanish Days,'' featuring au- trict, which I represent. arts theater and a popular minor league base- thentic food, music, and dance. From East to West, the 24th runs from ball team, the Lancaster Jethawks. Sherman Oaks, America's best-named city, to People from around the world make the In the 1930s and 1940s, the San Fernando Thousand Oaks, through the Las Virgenes Central Coast, my District, their vacation des- Valley was known as the ``Horse Capital of area to Malibu. It includes thriving business tination. I am proud to call it my home. California'' because many movie stars would Happy anniversary California! centers in the western San Fernando Valley come in from Hollywood to ride horses and Mr. GALLEGLY. Mr. Speaker, I rise to cele- and one of California's and the nation's most enjoy the slower rural pace of life. Even today, brate the sesquicentennial of California and treasured natural and recreational resources, in the smaller communities, such as the 23rd Congressional District of California's the Santa Monica Mountains. Chatsworth, it is not unusual to see horses role in the Golden State's past, present and The Santa Monica Mountains National tied to the hitching post out back of the Los future. Recreation Area is the most-often visited unit Long before California was admitted as the of our National Park System. Some 33 million Toros Mexican Restaurant or the Cowboy Pal- 31st state of the Union, Ventura County was American's visit her trails and beaches, some ace Saloon. home to Native Americans and Europeans. of the most beautiful in the world, every year. Since then the Valley has grown to become Father Junipero Serra founded one of his mis- Most impressive is its location. The Santa a major economic powerhouse in the Southern sions in Ventura, an area already known to Monica Mountains National Recreation Area is California area, home to more than 1 million the Chumash for its great fishing and abun- just a few-minutes drive from the major popu- people. Even the powerful Northridge Earth- dant flora. lation centers of Los AngelesÐits is our na- quake that hit on January 17, 1994, could not As California progressed through the 1800s tion's largest urban park. keep the Valley down. Residents of the Valley and early 20th Century, so did Ventura Coun- The residents of the Malibu and Las pulled together to rebuild their homes and the ty. First the stage coaches and then the rail- Virgenes areas are neighbors to this extraor- roads. It is now poised to become a city in road connecting Los Angeles to San Francisco dinary resource. It is truly a special place to and of itself. came over and through the Santa Susana live. The Santa Clarita Valley, located in between Pass, snaking along the Simi Valley, and on The San Fernando Valley, part of the City of the San Fernando and Antelope Valleys, has out to the coast. Many who passed through Los Angeles, is itself a large-sized city, with made many contributions to the history of both Ventura County were captured by the golden 1.4 million residents. If it were a city of its California and the United States. For thou- hills and lush soil. They stayed and raised cat- own, the San Fernando Valley would be the sands of years, the Valley served as a major tle, planted apricots and walnuts, citrus trees 6th largest U.S. city. It is richly diverse and a migration route for Native American groups as and avocados. great community to live and work in. Proudly, they traveled between the coast and the inte- Or, they harvested the soil in other ways. it would be by far the safest of America's 10 rior valleys and the great eastern deserts. This Black gold is also among Ventura County's largest cities. is the location of the first documented dis- riches, and you can actually see oil seeping Thousand Oaks, a community of more than covery of gold in California; the oldest existing out of the soil today as you drive up Highway 100,000 people, is also a wonderful place to oil refinery in the world; the first commercial oil 150 between Santa Paula and Ojai, and in work and live. It is an impressive community field in California; the third-longest railroad other parts of the county. and is also home to some of my district's most tunnel in the world at its completion in 1876; When Hollywood began to blossom in the distinguished employers, including the bio- and it is the location of one of the last ``treat Los Angeles hills, Ventura County became a technology giant, Amgen. train robberies'' in the United States. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7555 In the 1920s, William S. Hart and Tom Mix ployed at nearby defense plants lost their jobs the home of Cal Tech, one of the nation's pre- used the Santa Clarita Valley to create the tra- in the post-Cold War downsizing, while others mier research institutions where the scientists ditional Western film. The Western film indus- were laid off in August 1992 when the General and engineers work together with the Jet Pro- try continued growing through the decades Motors plant located in the heart of the District pulsion Laboratory on behalf of NASA to de- with actors such as Gary Cooper, Roy Rogers, in Van Nuys shut its doors. The magnitude of vise the latest techniques in space exploration. John Wayne and others. Our quaint little val- unemployment was dramatically illustrated in A few miles away, there is a different kind ley created the ideal background for great 1993, when a job fair held at the vacant GM of creativity at work in the many studios that Westerns such as the ``Lone Ranger,'' ``Wyatt site drew thousands of people. employee writers, set designers, actors and di- Earp,'' ``Annie Oakly,'' ``Gunsmoke'' and many Today, the worst of that economic crisis rectors who create America's favorite movies more. seems to be over. Unemployment in the area and television shows. The 27th District is As you can see, Mr. Speaker, the 25th dis- is down, as it is throughout Los Angeles home to Warner Brothers Studios, Walt Dis- trict has played a vital role in California's liveli- County, and a major commercial/manufac- ney Studios and numerous small entertain- hood. I am honored to represent this district turing development is rising where the GM ment companies. In fact even Jay Leno works and to have been a life-long resident of the plant once stood. In addition, the 26th District on his ``Tonight Show'' from NBC Studios lo- Golden State. From the days of the Gold continues to be home to a variety of manufac- cated in downtown Burbank. Rush, to the current times of the Silicon Val- turing facilities. It is an honor for me to represent the 27th ley, California has always had a major impact The Northridge earthquake of January 17, District of California in Congress and to join on U.S. history and the economy. Please join 1994 had its epicenter just west of the 26th with my colleagues in celebrating the me today in celebrating the Sesquicentennial and destroyed or damaged many homes, Seisquintennial Anniversary of our great state. of this great state. stores, factories and office buildings. In fact, Mr. DREIER. Mr. Speaker, the San Gabriel, Mr. BERMAN. Mr. Speaker, I rise today to the building that housed the 26th District Of- Pomona and Walnut Valleys are home to 17 honor the 150th birthday of the Great State of fice was among those that suffered damage cities and other communities in northeastern California, and to pay tribute to California's so extensive that it had to be torn down fol- Los Angeles County. It is home to the San 26th Congressional District, which I am hon- lowing the quake. A section of Interstate 405 Gabriel Mountains and the Angeles National ored to represent in Congress. The 26th Dis- within the District collapsed, a gas leak started ForestÐthe most visited part of our national trict is located in the Northeast San Fernando fires that consumed 70 homes in Sylmar and forest system. It's one of the few places in Valley and consists of the Golden State and an oil line exploded in San Fernando (where America where you can stand in warm and Hollywood Freeway corridors of the Valley, the quake flattened 63 homes and damaged comfortable 90-degree weather and look up at proceeding as far west as Van Nuys and the another 835.) After extensive rebuilding and a beautiful, snowcapped mountain such as San Diego Freeway. retrofitting, however, virtually all vestiges of Mount Baldy. Its history was recounted, with some cre- the damage have been repaired. Dating from the early days of Spanish set- ative license, in the movie Chinatown. Civic In the last 150 years, the San Fernando tlement in California, my district was home to leaders encouraged city engineer William Valley has changed from an empty open many ranchos and other agricultural settle- Mulholland to build a huge aqueduct from the stretch of land into a busy metropolis, filled ments. The complexion of the region changed Owens Valley to give Los Angeles water, and, with houses and businesses, office towers, little over many decades. The completion of in 1915, got the city to annex most of the Val- shopping centers, subdivisions and warehouse the railroad from Chicago late in the 19th cen- ley, large tracts of which they had already pur- buildings. The 26th District is home to the tury unleashed growth that would eventually chased. remake the entire region. With the advent of In addition to many neighborhoods of Los Academy of Television Arts and Sciences, access to the east, the San Gabriel Valley Angeles, the 26th District takes in the small which presents the annual Emmy Awards. began to boom. People flocked to the area in independent city of San Fernando, which is Among the notable alumni of the District are  search of better job prospects and a more home to the beautiful Mission San Fernando, actor Robert Redford, who attended Van Nuys Ä comfortable climate, and many small towns Rey de Espana. This historic building was es- High School, and rock 'n roll star Ritchie began to grow along the rail lines. Many of the tablished by Frey Fermin Francisco De Valens, of Pacoima. towns and cities in the San Gabriel Valley Lasuen on September 8, 1797 as one of a Mr. Speaker, California's 26th District is one today trace their roots to midwesterners who chain of missions built to convert the native of the fastest growing areas of Los Angeles. I settled in the area beginning in the late peoples to Christianity and to consolidate am very proud to represent its citizens in the Spanish power along the coast of California. United States House of Representatives. I ask 1800's. The traditions and values of those The Mission Church is an exact replica of the my colleagues to join the California Delegation early citizens can still be found today in the original church, which was built between 1804 today in celebrating the sesquicentennial of small-town atmosphere in cities from one end and 1806. The walls of the church are seven the Golden StateÐCalifornia. of the valley to the otherÐeven though the feet thick at the base and five feet thick at the Mr. ROGAN. Mr. Speaker, located just min- area is part of the sprawling Los Angeles top. The material used was adobe brick, and utes from downtown Los Angeles, the 27th megalopolis. those who built it were primarily the native District of California has an identity as colorful About the same time as the railroad comple- peoples, who were called the Gabrielinos or as the roses that adorn the floats of the locally tion, it was discovered that citrus fruits grew the Tongva. produced Tournament of Roses Parade. The well in the region's rich soil and warm climate. During the 1950s and 1960s, the 26th Dis- district sits between the Verdugo and San Ga- The Valleys became leading producers of or- trict was home to Holiday Lake at Hansen briel Mountains and encompasses the Foothill anges and lemons, as groves blanketed the Dam, one of the most popular spots in the en- communities of Glendale, Burbank, Pasadena, area. The citrus industry brought people and a tire San Fernando Valley for family outings. South Pasadena, San Marino, Sunland, booming economy which lasted until the sec- On weekends, the lake was filled with swim- Tujunga, La Canada, La Cresenta, Altadena ond World War. After the war, the citrus mers and boaters and the shores teemed with and a small portion of Los Angeles. groves gave way to housing tracts and grow- picnics and games. But in 1969 and again in The district boasts distinctive neighbor- ing suburbs. The area remains a diverse mix 1980, floods brought in millions of tons of hoods, a rich history and a vibrant cultural of residential areas and businesses, small and sand, gravel and silt to Hansen Dam, trans- scene. The ethnic diversity of the district is large. At the same time it is undergoing rapid forming the beautiful 130-acre lake into a one of its greatest assets and includes long demographic shifts as the diversity of Cali- swamp. With the demise of the lake, the other time White, African-American and Hispanic fornia continues with the arrival new immi- parts of the park fell into disrepair. communities along side growing numbers of grants from China, India, Mexico and a host of By the 1980's, the closing of the lake be- Koreans, Filipinos and the nation's largest Ar- other countries in Asia and Latin America and came a depressing symbol of overall neglect menian community. Another distinction is the elsewhere. in this low- to middle-income area. From the Spanish heritage reflected in the abundant Today the area is a blend of old and new. day I came to Congress, its restoration was mission-style architecture and landscaping that The San Gabriel Valley is home to showcase one of my highest priorities. In 1999, a fishing can be found throughout the district. events such as the annual Pasadena Tour- lake opened to paddle boats and rowboats Every New Year's Day, millions of Ameri- nament of Roses Parade and the Los Angeles and a swimming lake opened at Hansen Dam, cans tune in to see rose covered floats make County Fair. At the same time it is becoming making this area once again a central rec- their way down the streets of Pasadena in the a modern center for high technology. Firms reational area for Valley families. Tournament of Roses Parade and to watch headquartered in the region are at the cutting The 26th District was hard hit by the reces- two of the nation's top college football teams edge of engineering and construction, of inter- sion of the early 1990s. Many workers em- compete in the Rose Bowl. Pasadena is also net commerce, of computer hardware and of H7556 CONGRESSIONAL RECORD — HOUSE September 13, 2000 communications technology. The area is also population. In addition, there are large groups In closing, Mr. Speaker, I join my colleagues home to the world renowned City of Hope Na- of Armenian, Jewish, Russian, and Egyptian from the Golden State in celebrating Califor- tional Medical Center in Duarte and a number Americans who have made their home in the nia's 150 years of success and wishing my of outstanding institutions of higher learning, 30th CD. More than half of my constituents State continued prosperity. including the Claremont Colleges. The vibrant were born in other countries, adding yet an- Mr. DIXON. Mr. Speaker, my district lines economy is increasingly centered around tech- other dimension to this amazing mosaic of in- run from the Harbor Freeway past Baldwin nology and trade and our unique location at dividuals. Hills to Culver City; my district includes USC; the edge of the Pacific Rim. Whether visiting Hollywood, attending a California Science Center, Natural History Mu- Mr. WAXMAN. Mr. Speaker, it is a great Dodger game, or enjoying the culture and cui- seum of LA County; California African Amer- honor for me to represent the 29th Congres- sine of Koreatown and Chinatown, the 30th ican Museum, Petersen Automotive Museum; sional District, which is a mecca of creative CD is a joy to represent. The 30th CD is a and Sony Pictures Studio in Culver City. genius and one of the most celebrated dis- wonderful part of the great city of Los Ange- Los Angeles was little more than a frontier tricts in the country. les. Mr. Speaker, and my fellow colleagues, I town in the 1870s when members of the Meth- Whether you are enjoying the dazzling enthusiastically applaud the hard work and odist Episcopal Conference first sought to es- beaches, the celebrated Walk of Fame, the contributions of my constituents in the 30th tablish a university in the region. Today, the shopping on Rodeo Drive, or the magnificent CD, along with those of the other 51 congres- University of Southern California (USC), lo- Santa Monica Mountains, the beauty and di- sional districts who have helped make Cali- cated in the culturally and ethnically diverse versity of the 29th Congressional District cap- fornia what it was yesterday, what it is today, 32nd Congressional District, is, arguably, one tivate the imagination like no other place on and what it will be in the future . . . a new of the country's most preeminent international earth. frontier. centers of learning, enrolling more than 28,000 The 29th Congressional District is the Mr. MARTINEZ. Mr. Speaker, it gives me undergraduate, graduate, and professional world's entertainment capital. From the time great pride to rise tonight to celebrate the students. It ranks in the top ten percent of the first movie studio was created in 1911, State of California's sesquicentennial anniver- major research universities in the United creative visionaries and artisans have flocked sary. States. to this magical place. Today, thanks to the tal- For 150 years, California has been a vital The 32nd Congressional District is also ent and energy of the thousands of people in part of the United States. From the gold rush home to Sony Pictures Studios in Culver City, the district, the entertainment production in- to the high-tech rush, California has been a a major employer in the district, and formerly dustry is the nation's largest exporter. Inter- beacon for millions of our fellow countrymen the home of Metro-Goldwyn-Mayer (MGM), national sales of widely popular American who have staked a claim in the American one of the cradles of the motion picture indus- copyrighted works brings tens of billions of ad- dream. The Golden State is truly the en- try in the state. The 32nd also claims a great ditional dollars to our economy each year. chanted State, home to the entrepreneurial deal of movie history, including the little known spirit that has built our great Nation. The vision and inventive genius are also on fact that the much heralded 1939 blockbuster Mr. Speaker, the history of the 31st con- display in the myriad other businesses movie, ``Gone With the Wind,'' was filmed at gressional district located in the San Gabriel throughout the district, including high tech the historic David O. Selznick Studios, which firms, e-businesses, unique retail businesses Valley mirrors, in many ways, the history and growth of California. My district is one of the was located in Culver City. and restaurants, and entrepreneurial start-ups. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise most interesting and culturally diverse in the Not surprisingly, this community contains in honor of the 150th anniversary of the state- State. It includes parts of East Los Angeles some of the best informed, technologically and extends west to the foothills of the San hood of the great state of California. savvy, culturally progressive, and politically ac- On this historic occasion, is it fitting that we Gabriel mountains, encompassing the cities of tive people in the country. taking a moment to observe and celebrate the Monterey Park, Alhambra, San Gabriel, South Every year people travel from around the diverse and distinct cities and communities world to experience the magic of the 29th San Gabriel, Rosemead, El Monte, South El Monte, Baldwin Park, Irwindale and Azusa. throughout our state. Congressional District, a singular place where The city of San Gabriel is home to the his- The district that I am proud to represent and people's biggest dreams can come true. toric San Gabriel Mission, which was founded call home is the 33rd Congressional District of Mr. BECERRA. Mr. Speaker, I stand before in 1771 by Franciscan monks. The mission California. you proudly to congratulate California, the served as a major catalyst in the growth of The 33rd Congressional district is a vibrant, Golden State, on 150 trailblazing and indus- southern California. It was from the San Ga- diverse area encompassing metropolitan trious years. It is often said that ``as California briel Mission that 11 families left on Sep- downtown Los Angeles, including Boyle goes, so goes the nation,'' for we are a di- tember 4, 1881, to found El Pueblo De La Heights, Little Tokyo, Pico Union, and portions verse and forward-looking lot. Well, it might Reina De Los Angeles. Today, the San Ga- of Chinatown, Filipinotown, Koreatown, and also be said that as Los AngelesÐand specifi- briel is a bustling city, rich in culture and his- Westlake. The suburban portions of the district cally, the 30th CDÐgoes, so goes the nation, tory. include the cities of Bell, Bell Gardens, Com- because we are positively among the most El Monte, known as the end of the Sante Fe merce, Cudahy, Huntington Park, Maywood, richly multi-lingual and multi-cultural commu- Trail was the place where people traveling be- South Gate, and Vernon and parts of East Los nities in the world. I am proud to represent a tween San Bernardino and Los Angeles Angeles, Walnut Park and Florence. district steeped in tradition with landmark com- stopped. Gold prospectors heading for the The 33rd Congressional district houses the munities such as: Koreatown, Chinatown, gold fields in northern California stopped here civic center of Los Angeles, including the Eagle Rock, Atwater Village, Cypress Park, before continuing on their trek. El Monte is area's courthouses, Los Angeles City Hall, the Glassel Park, Highland Park, Montecito today the largest city in my district. El Monte offices of the Los Angeles County Board of Heights, El Sereno, Echo Park, Silver Lake, is home to hard working families who take Supervisors, Los Angeles Police Department, Mount Washington, Monterey Hills, Elysian pride in their community and heritage. Los Angeles Unified School District, Metropoli- Valley, Lincoln Heights, Boyle Heights, Mid- Mr. Speaker, the city of Monterey Park, tan Transit Authority, and Immigration and Wilshire, and East Hollywood. My district sur- which was originally inhabited by Shoshone Naturalization Service. rounds downtown to the North, West, and Indians, is at the turn of the 21st century the In addition, the 33rd Congressional district East, and contains landmark institutions home for one of the largest Asian-American boasts a multitude of cultural attractions and known to everyone such as the Southwest communities in the country. Chinese, Tai- resources. The Dorothy Chandler Pavilion, Museum, Los Angeles City College, Occi- wanese, and Vietnamese shops, restaurants, Shrine Auditorium, Latino Museum, Chinese dental College, Children's Hospital and the and import centers are present throughout the American Museum, Japanese American Na- Los Angeles County-University of Southern city. tional Museum, and the Museum of Contem- California Medical Center. Mr. Speaker, all the cities in my district have porary Art are located in my congressional dis- Specifically, my district contains over their own distinctive character and unique trict. In addition, the new Our Lady of the An- 573,000 people which, much like the city of place in the history of southern California. Dur- geles Cathedral is being built in the center of Los Angeles, is home to a multiplicity of lan- ing the past 150 years, the San Gabriel Valley downtown Los Angeles. guages spoken. Like California, my district is has played an important role in the develop- Our community also reflects the rich history now a majority-minority region where the num- ment of the region, and the valley is indeed of the state of California. The district is home ber of ethnic minorities, including significant extremely well-positioned to continued as vital to such historic sites such as Union Station, numbers of Latino and Asian American resi- player in the prosperity of Los Angeles County Olvera Street Plaza and the Broadway theater dents, actually form the majority of the total and southern California. district. In fact, on September 4th of this year, September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7557 the city of Los Angeles celebrated its 219th At the end of World War II the sudden de- The city of Carson has a strong Spanish birthday. mand in housing for returning veterans from presence and is home to Dominguez Rancho The residents of 33rd Congressional district throughout the country desiring to raise their Adobe, built in 1826. The Goodyear blimp reflect the wonderful diversity of our State. young families and populate the massive eco- ``Eagle'' also calls Carson home. Goodyear's There is a mixture of newly-arrived immigrants nomic engine of industrial Los Angeles at- blimp logs over 400,000 air miles per year and families and a strong, established Hispanic tracted developers to these peaceful and have adorned the skies of Southern California community. Ethnic enclaves, like Chinatown, pleasant locales. New homes, schools and as a very visible corporate symbol of the tire Koreatown, and Japantown, house specialty churches were built and soon these local com- and rubber company. stores and restaurants that cater to the area's munities began to incorporate into new cities. The Los Angeles community of Watts is thriving Asian community. All of these communities share a proud history home to the Watts Towers. Created by Simon Recently, the 33rd Congressional district of the development of the ``Golden State'' and Rodia, the towers rise over one hundred feet proudly hosted the Democratic National Con- each has a unique and special historical herit- tall. Composed of structural steel rods and cir- vention. The convention gave Los Angeles age. cular hoops connected by spokes, the towers and its residents an opportunity to showcase California is indeed the greatest state, in incorporate a sparkling mosaic of found mate- our city to the hundreds of thousands of visi- population, economy, diversity and worldwide rials including pottery, seashells, and glass. tors as well as the millions who watched the cultural influence. Its magnificent coastal Rodia's house, destroyed by fire in 1957, re- proceedings on television. The DNC took areas, majestic mountain ranges, fabulously sided within the complex. place at the recently-opened Staples Center, fertile agricultural valleys, vast pristine deserts, Declared hazardous by the city of Los An- which also serves as the home for the Los An- bespeak an unequaled wealth of environ- geles, the towers were threatened with demoli- geles Kings, Lakers and the Clippers. mental diversity. The Great Golden State was, tion until an engineer's stress test proved I am extremely proud of all that the 33rd is and will always be the treasure chest of the them structurally sound. They have since been Congressional district has to offer and de- American experience renowned the world designated a cultural monument. lighted to sing its praises on the 150th birth- over. For every Californian, native and immi- The city of Long Beach has a past deep in day of our great state, the State of California. grant, our motto ``Eureka'' says it all ``I have Spanish history. Created by a land grant given Mrs. NAPOLITANO. Mr. Speaker, on this found it!'' to soldier Manuel Nieto, the city was planned Sesquicentennial Anniversary of California's Put another candle on our birthday cake, we out in 1882 as Willmore City by developer admission to the Union, I am filled with tre- are 150 years old today? God bless California. Williman Willmore, and a new town began mendous pride and a deep sense of honor to Felicidades California? forming along the coast. Long Beach serves represent the people of my Thirty-fourth Con- Mr. KUYKENDALL. Mr. Speaker, today I as home to the historic Queen Mary. gressional District, composed of the cities and recognize the 150th anniversary of California's Partially adjacent to Long Beach is the com- communities in the Southeast and San Gabriel statehood. On September 9, 1850, California munity of Habor Gateway and serves as the Valley areas of Los Angeles County including was admitted to the Union as the nation's 31st entrance to the Los Angeles port area. People the City of Industry, East Los Angeles, Haci- state. Much has changed over the last 150 from around the world visit and call the South enda Heights, La Puente, Montebello, Nor- years, but California still remains one of the Bay area home. I am proud to call the 37th walk, Pico Rivera, Santa Fe Springs, and world's natural treasures. Congressional District home. Whittier. At the time of California's entry into the Happy Anniversary California! Our district is a part of Southern California Union, the population for Los Angeles num- Mr. HORN. Mr. Speaker, as we celebrate that is rich in diversity and historical signifi- bered 3,530. As Los Angeles developed and California's 150th anniversary of statehood, cance from the earliest days through the mod- expanded, so did the South Bay. I am proud this is a good time to reflect on the vast ern era. In the heart of the 34th district, is the that the natural beauty of the South Bay re- change that has occurred in this former Span- home of Pio Pico, the last governor of Mexi- mained unchanged over the last 150 years. ish Colony. Since California was admitted into can California before the American takeover in The shoreline is our livelihood, as California is the Union as the nation's 31st state on Sep- 1846. One of California's most remarkable his- the gateway to the West. tember 9, 1850, the state has grown to be- torical figures, he witnessed and helped shape We are rich in cultural diversity with a popu- come the world's fifth largest economy. nearly a century of California history. Governor lation of all races and creeds from throughout California's history before and after state- Pico's ancestry includes a mixture of the world. California's natural resources are hood includes vital contributions by Hispanics ethnicities, including Mexican, African, Indian numerous, with some of the most breathtaking and Native Americans. One of the most impor- and Italian. He built a mansion on what is now landscape in the world. From agriculture to e- tant has been the system of 21 missions a three-acre state park located in Whittier, that commerce, we are a leader in all areas of founded by Father Junipero Serra that began was once the headquarters of his sprawling business. California's 150 years as a state in San Diego and extended over 600 miles to 8,891-acre ranch. Twice the governor of the embody the American experience, one of the the north. The contributions of the missions in Mexican State, his life spanned a remarkable growth and vision. education and in producing clothing and food era that saw the Spanish, Mexican and Amer- I congratulate all Californians on this mile- were integral in California's early development. ican flags fly over his native Alta California. stone. We have much to celebrate. The state California has often been referred to as a Early in the American era, Whittier also be- of California is a model to the nation. I hope bellwether stateÐa place where people chal- came the home to a vibrant community of the next 150 years are as dynamic as the first lenge the assumptions of the present to give Quakers. It was from this community in a later 150. America a glimpse of the future. This is fitting generation that our Thirty-seventh President of Ms. MILLENDER-MCDONALD. Mr. Speaker, for a state settled by far-sighted, brave individ- the United States, Richard M. Nixon, was edu- I rise with great pride because September 9th uals willing to risk everything for a second cated at Whittier College. After service in the marked the 150th anniversary of California's chance. Americans and others from around United States Navy during World War II, he admission to the union. The United States the world have seen California as a place to returned to the area to begin his political ca- Postal Service is reissuing its California State- seek a better life. When Los Angeles was reer and was elected to Congress in 1946. hood stamp to honor this event. And all of the founded in 1781, its residents included people San Gabriel Mission founded by Blessed 52 members of the California delegation have of European, African, and Native American Junipero Serra, a Franciscan missionary from come together to pay tribute to an important ethnic backgrounds. Chinese immigrants built Mallorca, Spain, administered the vast lands part of our history in the United States. railroads and agricultural infrastructure in the composing what we know as the ``Los Angeles As the Representative of the 37th District of 19th Century. In the 1880's the first direct rail basin,'' and which were later parceled out into California and long time resident of this great connection between Southern California and sprawling ranchos to land-grantees during the state, I am happy to join this effort to pay the East brought hundreds of thousands to the Spanish and Mexican eras. Following the ran- homage to our historical leaders who had the Southland. cho era when cattle was the principal eco- wisdom to form one union of the United In the 38th District, the historical attractions nomic endeavor, these fabulously fertile lands States. include Rancho Los Cerritos, an 1884 colonial brought forth rich agricultural commodities in- My district in particular has made wonderful style-adobe that was once a working cattle cluding citrus, avocado and walnut groves, contributions to the state of California over the ranch, and Rancho Los Alamitos Historic bean fields and dairy land. Eventually major oil past 150 years. The South Bay area has a Ranch and Gardens, which was built in 1806. reserves were discovered in what is now long and distinguished history that is unique The port of Long Beach is home to the historic Santa Fe Springs and Montebello, which con- and embraces the essence of Southern Cali- Queen Mary, once called the Queen of the At- tinue producing to this day. fornia. lantic and arguably the most famous ship in H7558 CONGRESSIONAL RECORD — HOUSE September 13, 2000 history. The Queen Mary began its maiden and Santa Fe railroads, and then by Route 66, The international airport in Ontario is quickly voyage in 1936, served as Winston Churchill's the Mother Road that is still celebrated by tens becoming a major airport hub for passengers seaborne headquarters, and played a part in of thousands of people at events in Barstow and cargo heading overseas. Pomona is the the major Allied campaign of the Second and San Bernardino. host of the Los Angeles County Fair each World War. Long Beach is also home to the The 40th Congressional District today year. Yorba Linda is the birthplace and resting Boeing C±17 military transport plant and the boasts the highest point and lowest point in place for former President, Richard Nixon, and Sea Launch base that sends satellites into the ``lower 48'' states. Mount Whitney, at home to the Nixon Presidential Library. The space. Additionally, the Apollo space capsules 14,495 feet, is the highest peak along the tow- 41st District is also the home of California and the space shuttles were built at the NASA ering mountain chain known as the Sierra Ne- State Polytechnic University, Pomona. The plant in the city of Downey. vada. The lowest point at 282 feet below sea Collins School of Hospitality Management at This 150th anniversary celebration of Cali- level, is the Badwater area of the desolately Cal Poly Pomona is considered to be among fornia's statehood is as much an occasion to beautiful Death Valley National Park. The two the top ten hospitality management schools in look forward to the future as to reflect on the points are among many that make the district the United States. past. If we live up to our state's long tradition an outdoor recreation paradise. Other desert I am very proud to be a resident and the of progress, diversity, and national and inter- parks include Joshua Tree National Park and Representative of the 41st District of Cali- national leadership, California can look for- Mojava National Preserve. The Owens Valley, fornia. It is with great pride that I recognize the ward to another 150 years of success. where the mountains meet the desert, is the Sesquicentennial of California, the greatest Mr. ROYCE. Mr. Speaker, I rise to pay trib- gateway to such nationally known treasures as State in the Union. ute to the 150th anniversary of the founding of Sequoia National Park and the Mammoth Mr. BACA. Mr. Speaker, this year we cele- the golden State of California. Lakes ski resorts. brate California's 150th anniversary of the From the port of Long Beach to the North Southern California residents known that state's admission to the union. The 42nd Con- Orange County region, the 39th Congressional they can find world-class skiing and summer gressional district of California has undergone District is one of the many examples of the hiking trails much closer to home, in the 40th many changes over the years. state's remarkable diversity. This area was District's San Bernardino Mountains, which For many years San Bernardino was the once thriving farmland, rich in oranges, lem- provide a snow-capped backdrop to the sunny gateway to the Los Angeles Basin, situated on ons, avocados, and walnuts. Agriculture was Southland. Tucked under those mountains are flat land where the route through the twisting, the first important industry. With orange some of the nation's fastest growing commu- windy Cajon Pass took passengers on the groves being so abundant, Orange County nities. Santa Fe Railroad and motorists on U.S. 66 was named after the fruit. Mr. Speaker, the 40th Congressional District from the hot and dusty high desert to the Many industrious individuals flocked to this makes a huge contribution to our nation's de- greener, tree-lined basin. area, like Walter Knott, who began the Knott fense as the home of the Army's National There were orange groves around the little legacy in Buena Park. He used to sell jams Training Center at Fort Irwin, the Marine railroad towns and vineyards to the west; this and jellies at a roadside stand. Mrs. Knott Corps Air-Command Combat Center at was an agricultural zone until World War II, began serving up fried chicken dinners to Twentynine Palms, Edwards Air Force Base when Henry J. Kaiser built the West Coast's those waiting in the lines, and they soon and China Lake Naval Air Warfare Center. first major steel mill between the Santa Fe and added a restaurant to accommodate more Two recently closed installationsÐGeorge Air Southern Pacific lines in Fontana, just west of people. Force and Norton Air Force BasesÐare being San Bernardino. Mr. Knott wanted to build something as a transformed into new commercial air hubs to In the 1950's Ray Kroc traveled to California tribute to the Old West and the pioneers who handle the region's burgeoning air cargo and upon hearing about the McDonald's ham- paved the way. The idea of a ghost town was passenger needs. burger stand in San Bernardino running eight born, which eventually evolved into the Knott's The 40th Congressional District has a Multimixers at a time. Kroc had never seen so Berry Farm amusement park. Its original pur- wealth of universities and colleges, including many people served so fast. Kroc pitched the pose was to educate and entertain and it still fast-growing California State University, San idea of opening up several restaurants to Dick does today. Bernardino, the prestigious University of Red- and Mac McDonald. Today the restaurant is The district has undergone tremendous lands, and Loma Linda University and Medical an international chain. growth since the days of the orange groves. Center, known nationally for its infant heart In the 1990's the region weathered military The neighboring metropolis of Los Angeles transplant program and for the first proton base closures and realignments, as well as burst at the seams and the population spilled beam accelerator used in ground-breaking aerospace firm downsizing. But we have re- across the rural valley. In its wake, the farm- cancer treatment. built, and today the Inland Empire has a thriv- lands were replaced by an urban landscape of Mr. Speaker, from the discovery and mining ing economy and is projected to be one of the homes, shopping malls, and industrial parks. of gold and silver to the training ground for fastest-growing areas in the United States. Today, Orange County is home to a vast Gen. George S. Patton's World War II tank Today the region has great strengthsÐWe number of major industries, the most promi- brigades, the 40th Congressional District's his- have inexpensive land, extensive transpor- nent being the high-tech, telecommunications, tory is intertwined with California's and the na- tation systems, including trucking hubs, a and entertainment industries. tion's. It is an honor to represent a district that large employment pool, low unemployment, Throughout its existence, this area has con- contains such a wealth of resources, and such strong growth in construction, distribution, and tinued to thrive. No other environment is more hard-working, forward-looking constituents. manufacturing industries, and 23 colleges and conducive to innovation and creativity than this Mr. GARY MILLER of California. Mr. Speak- universities, which are engaged in cutting sun-blessed region of Southern California. er, I rise today to recognize the Sesquicenten- edge research, including CE±CERT at U.C. Mr. LEWIS of California. Mr. Speaker, as nial of the great State of California's admit- Riverside, which is doing research on auto- California celebrates the 150th anniversary of tance to the Union. This event took place on motive technologies of the future. statehood, I would like to share with my col- September 9, 1850 and made California the IVDA/San Bernardino International Airport is leagues a little of the history and special char- 31st State of the United States of America. poised to turn Norton Air Force Base into a acteristics of the 40th Congressional DistrictÐ The 41st District, which I represent, is part high-tech incubator, through legislation I au- the largest in the stateÐwhich I am proud to of what makes California special. It is centered thored to provide tax incentives to businesses represent. That history stretches long before in the area that is known as the Inland Empire (AB 3, 1998). We hope to create 15,000 high- California became a stateÐand indeed long on the point where Los Angeles, San tech jobs in our region through incentives as before the history of the West was recorded. Bernardino and Orange Counties come to- a result of that legislation, such as 15 year net The 40th district stretches from the peaks of gether. Decades ago, it was home to mostly operating loss carryover, sales and use tax the Eastern Sierra Nevada to the fast-growing orange groves, farmers and dairymen. But credits, expedited permit processing, and the cities of the San Bernardino Valley, on the during the 1980's, the Inland Empire devel- creation of local incentives for employers. eastern edge of the Southern California urban oped into a booming economic region as a re- We are also working to create a regional area. The heart of the district is the Mojava sult of the expansion California experienced in partnership with Orange County to make San Desert, which has long been known as a gate- that time. Bernardino International Airport viable for busi- way to the Pacific Coast since the Mohava In- This district is home to many terrific cities nesses. dians forged a trail west from the Colorado including Chino, Chino Hills, Upland Montclair, California and the Inland Empire will be a River to trade with coastal tribes. The route Walnut, Diamond Bar, Brea, Rowland Heights, hub for the commercial space business and eventually was followed by the Union Pacific Ontario, Pomona, Yorba Linda and Plancentia. industries of the future. High technology will September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7559 be the key, in this decade and in the next 150 region. The site was established as a campus statehood in 1850, the residents became U.S. years of our state. of the University of California fewer than 50 citizens. By the late 1800's the railroads had Scientists are working on advances that years later in 1954. Today, the University of become part of the landscape, transporting push the frontiers of science, such as new de- California at Riverside has earned a reputation new arrivals to the coastal regions of southern vices that can store the content of the Library as one of the pre-eminent teaching and re- California. Some never got that far, instead of Congress on a computer the size of a sugar search institutes in the world. making their home in what is now Riverside cube, and robots no bigger than a thumbnail. Agriculture continues to be a cornerstone of County. As a member of the Science Committee, I UC Riverside as California continues as the have been pleased to support these efforts. nation's top agriculture state, a position it has From the beginning, the Cahuilla people had This research will have very real benefits for held for more than 50 years. From Humboldt recognized the restorative powers and healing California and the Inland Empire in terms of County in the north to Imperial County in the benefits of the agua caliente or ``hot waters'' of job creation and economic growth. If anyone South, California agriculture is a blend of val- the desert springs. Soon, residents and visi- has any doubts, look at the Internet. The Inter- leys, foothills, coastal areas and deserts tors made the pilgrimage to Palm Springs to net started as a federal research tool, and is where a bounty of superior agricultural prod- soak in the hot springs and find comfort in the responsible for one of the longest economic ucts unmatched anywhere in the world grow. dry desert climate. Enterprising farmers in the booms in history. My home district also offers up its beautiful Coachella Valley began raising dates, grapes In addition to the above initiatives, we will architecture to those who visit. Its ``Mediterra- and other crops that could withstand the dry continue to work on projects such as com- nean image'' derives from the many examples conditions and often searing desert heat. pleting the Alameda Corridor, making it a of fine architecture in the California Mission During the same period, the Hemet and San route that ultimately could link us with Mexico; Revival and Spanish Colonial styles that grace bringing high speed rail to the Inland Empire, its landscape. The best known example being Jacinto Valley attracted farmers and ranchers and creating an Inland Empire distribution cen- the Historic Mission Inn, in the City of River- to its rich and productive lands. Cattle ter. We are building Tech Park, a 120-acre side, which was built between 1902 and 1932 ranches, citrus groves, and a variety of dif- business park to house high tech businesses. by Frank A. Miller and his partner Henry Hun- ferent types of produce thrived in this fertile We are also working to revitalize downtown tington. Bette Davis and Humphrey Bogart valley. But, as in all of southern California, the San Bernardino with a new courthouse, were married there. Teddy Roosevelt was its need for a steady supply of water limited the through SB 35 (Baca), which provides local first Presidential guest. Richard and Pat Nixon agricultural growth of the entire region. funding, and we have been working on federal exchanged wedding vows at the Inn. Ronald Today, most Americans would have a dif- funds. and Nancy Reagan began their honeymoon in ficult time imagining the southern California of In summary, it has been a long road from its Presidential Suite. our not so distant past. The miracle that the hot and dusty origins of our area to the Mr. Speaker, the 43rd District has obviously changed the landscape was the introduction of thriving high-tech future. But as our state cele- seen rapid growth and change over the past a reliable source of water for irrigation and de- brates its 150th anniversary, we have many 150 years. We are proud to join our other velopment. Shortly after the turn of the cen- changes to look back on. Our past achieve- friends across California in celebrating our tury, that need resulted in the creation of the ments are filled with pride, our future promise great fortune and success as a State. Cali- is great. fornia is guaranteed to continue as corner- Salton Sea when the Colorado River breached Mr. CALVERT. Mr. Speaker, I rise today stone of agriculture, education and industry in the holding dikes that had been constructed to with the whole of my delegation to commemo- the next 150 years to come. Happy Birthday route fresh water for irrigation to the eastern rate the 150th anniversary of the great state of California! Coachella Valley. With the creation of the Sea California joining the United States of America. Mrs. BONO. Mr. Speaker, in many ways, and the establishment of efficient irrigation As the 31st state to join the union, nobody at California's 44th District represents the Golden systems the unthinkable happened. A once the time could have predicted the incredible State as a whole. Rich in its geographic, envi- hostile desert became a rich agricultural cen- breadth of agriculture, business, military prow- ronmental and cultural diversity, this area with- ter. And with the new political clout enjoyed by ess or diversity that California would and con- in what is now known as the ``Inland Empire,'' the southern California water districts and de- tinues to contribute to the nation. has a vibrant past and promising future. The partments, eastern Riverside County found a My own small corner of California, anything district contains towering alpine peaks and for- dependable source of water for its residents but small really, encompasses western River- ests, arid expanses of unforgiving desert, rich and agricultural concerns. side County, including the cities of Riverside, agricultural fieldsÐeven beaches at the great As the population grew in southern Cali- Corona, Norco, Lake Elsinore and Murrieta. In inland Salton Sea and on the banks of the fornia, so did the reputation of the Hemet/San fact, Riverside County is the fourth largest mighty Colorado River. Today, this region has county in the state, stretching nearly 200 miles fulfilled the vision of early settlers and exceed- Jacinto and Coachella Valleys. Hemet became across and comprising over 7,200 square ed expectations of even the most optimistic a favored destination for those seeking space, miles of fertile river valleys, low deserts, boosters. fresh air and community. The area around mountains, foothills and rolling plains. Be- The 44th District was first home to the Palm Springs became a favorite vacation spot tween 1980 and 1990, the number of resi- southern California's indigenous desert tribal for luminaries as varied as Albert Einstein and dents grew by over 76%, making Riverside the peopleÐthe Cahuilla Indians. From the high Errol Flynn. Hollywood discovered the desert fastest-growing County in California. By 1992, mountain peaks of Mt. San Jacinto to the resort region and flocked to Palm Springs for the County was ``home'' to over 1.3 million depths of the Salton Sink, these tribal bands sun, tennis, bathing, and later, golf. The region residentsÐmore than the entire population of lived in harmony with a sometimes harsh but thrived and the population grew fast. By the 13 states, among them Maine, Nevada, Ha- amazingly rich environment. The Cahuilla cul- middle of the last century, Palm Springs had waii and New Hampshire. ture is still a respected part of the current become world renowned as a vacation haven. Of course I would be lax in my position as desert community, and their magnificent Indian Following WWII, the growth in southern the Representative to the 43rd Congressional Canyons stand as a testament to their sound California continued at an unprecedented District if I did not add that it is also the most stewardship of these native lands. The pace. The Inland Empire had not yet received impressive district in California. Founded in Cahuilla people welcomed the Spanish explor- its status as one of the fastest growing regions 1870 by John W. North and the Southern Cali- ers who were the first westerners to travel fornia Colony Association, the City of River- deep into the southern deserts, sharing the in the country, but, it was enjoying steady and side took off and has never looked back. In its trails and watering holes that meant the dif- significant population increases. Improved infancy Riverside became known for its many ference between life and death in the forbid- water delivery systems and infrastructure en- citrus groves, palm lined avenues and wide ding expanse. abled the eastern Riverside County region to array of subtropical shade. The region became Later, settlers from first Mexico and later the handle the rapid expansion. From a few famous for its citrus and horticultural industries United States traveled to the regionÐmost es- sleepy desert towns, the Coachella Valley that over time gave way to military and indus- tablishing rancheros and farms as the earliest transformed itself into nine separate munici- trial growth, and education. economic enterprises. These hardy souls palities with nearly a quarter million resi- In fact, in 1907, Riverside became the home fought against unimaginable hardships to dentsÐseemingly overnight. The communities to the University of California Citrus Experi- carve out a living in this arid and sometimes of Hemet and San Jacinto, along with many ment Station, sponsoring wide-ranging re- hostile environment. But, they persisted, and smaller cities in the valley and pass region be- search that greatly benefited agriculture in the some thrived. When California was granted tween the city of Riverside and the southern H7560 CONGRESSIONAL RECORD — HOUSE September 13, 2000 deserts also grew. However, these commu- hosting the first U.S. Surfing Championships in where I serve on the Advisory Board of the nities had been established earlier as residen- 1959 and major national and international surf- world-class Brain Imaging Center, and Chap- tial centers and their growth was not as dra- ing events since then. man University, on whose Board of Trustees I matic. The city of Temecula and the sur- Just as with World War II, the Huntington serve. Orange County has also been home to rounding countryside became a rich wine pro- Beach area played a major role in winning the the world-famous Festival of the Arts and Pag- ducing center, with several local wineries Cold War, providing the home for much of the eant of the Masters for 68 years. In addition, achieving international prominence. nation's aerospace industry. Famous cor- Laguna Beach, the southernmost point in my As California celebrates its sesquicenten- porate names from the past: Douglas Aircraft district, is a year-round haven for artists and nial, the Inland Empire and the 44th district (later McDonnell Douglas) and North American craftsmen, and its entire coastline has been have achieved an important place in the his- Rockwell have come under the umbrella of the declared a ``Marine Life Refuge'' to protect tory and future of the Golden State. The Boeing Corporation, which today is by far the and preserve the rich variety of marine life growth continues, the economic expansion is region's largest employer and still plays a forms for all to observe and enjoy. strong, and the diversity of the people and the major role in producing aircraft, satellites and The Anaheim Angels baseball team and the environment prevail. The history of this great rockets for both our both our military and our Anaheim Mighty Ducks hockey team make state is made rich through the contributions of nation's space program. their homes in my district. The Anaheim Pond, individuals too numerous to list here, but to It's appropriate that an area so closely iden- home of the Ducks, is also the second most the people who chose to make southeastern tified with our nation's freedom became the active concert venue in America, behind only California home their stories and names are final destination for a majority of Vietnamese Madison Square Garden. Finally, Orange familiar. As the inscription on the Capitol refugees escaping communism after the Viet- County is home to the Ronald Reagan Federal Building in Sacramento, California, reads: Give nam War. The 45th District is home to Little Courthouse, authorized in legislation I wrote me men to match my mountains; the people Saigon, the heart of the largest concentration as a member of the House Public Works who built the communities of the 44th Con- of Vietnamese people in the world outside of Committee in 1992. Once again, it is with gressional District reflect that greatness and Vietnam. great pride that I stand here today to mark grand vision. Today, as we honor the great Mr. Speaker, I am proud to represent a dis- 150 years of prosperity and leadership for the state of California on the occasion of her trict that represents our nation's finest tradi- great state or California, and to recognize Or- 150th anniversary, we honor also the memory tions in not only serving our country in the ange County's important role in our state's his- of all those who contributed to her story. I cause of freedom, but also in knowing how to tory and future success. want to extend special recognition to the peo- have a good time. The 45th District epitomizes Mr. PACKARD. Mr. Speaker, today I would ple of California's 44th district, past and my own personal mottoÐ``Fighting for Free- like to take a moment to recognize the great present, who made their personal commitment dom and Having Fun.'' State of California. One hundred and fifty to the Golden State. Mr. COX. Mr. Speaker, it is with great pride years ago, California became a part of the Mr. ROHRABACHER. Mr. Speaker, when that I rise today to celebrate the sesquicenten- United States of America. On September 9, California was admitted as a state 150 years nial anniversary of statehood for the great 1850, President Millard Fillmore signed a bill ago, Southern California paled in comparison state of California. For 12 years, I have had admitting California as the 31st State in the to the northern part of the state, which was fa- the privilege to represent the 47th Congres- Union. In the early 1800's, settlers very slowly fil- mous for the gold rush and the new City of sional district, which is nestled in the heart of tered into California until 1848, when gold was San Francisco. The 45th Congressional Dis- Orange County. Our State was created out of discovered at Sutter's Mill. Suddenly, people trict and surrounding areas hardly qualified territory ceded to the United States by Mexico from all over the world looking to strike it rich even as a rural backwater, being made up pri- in the Treaty of Guadalupe Hidalgo. It officially flooded through San Francisco. They traveled marily of swamps and cattle ranches. In the became the 31st State in 1850 with a popu- up the Sacramento River to the gold fields. It late 1800's farming gradually replaced ranch- lation of 92,597. was this discovery of gold that hastened Cali- ing and spurred the conversion of coastal Orange County was created in 1889, after fornia's statehood. swamps and river flood plains into habitable residents of the southern part of then Los An- In September 1849 a convention met at land. Huntington Beach, which is today a geles County felt they were not getting the at- Monterey and adopted a state constitution. booming city of over 200,000 people that tention they deserved from county officials and The constitution was approved by popular vote forms the core of the 45th District, didn't even wanted a county seat nearer home. Santa on November 13, and on December 15 the get its start until 1902, when a group of farm- Ana, which had grown recently due to the dis- first legislature met at San Jose to create an ers and other investors decided to found ``Pa- covery of silver in the Santa Ana Mountains, unofficial state government. The Compromise cific City'' in an attempt to emulate the suc- was named the county seat. Measures of 1850, a series of congressional cess of Atlantic City on the East Coast. This Today, with a population of nearly 3 million acts passed during August and September venture then got bought out by a group of Los people and an annual economic output of over 1850, admitted California as a free, or Angeles businessmen headed by Henry Hun- $110 billion, Orange County is one of the most nonslave, state. On September 9, 1850, Cali- tington, in whose honor the town was re- successful and diverse hi-tech centers of com- fornia became the 31st state in the Union. The named when he brought his Pacific Electric merce in the world. Its economy is larger than state capital was moved successively from Railway into town. all but 31 nations in the worldÐranking ahead San Jose to Monterey, Vallejo, and Benicia. In The area that became the 45th District of Israel, Portugal, and Singapore. Orange 1854 it was located permanently at Sac- gained in population as tourism, the oil indus- County's diverse population is larger than 20 ramento. try, and world war each took their turn as a states, and its economy is bigger than 25 The 48th District of California, which I rep- spur to local growth. Our area played a major states. It is one of California's top exporting resent, was created in 1982 after the 1980 role in winning World War II, serving as the regions, behind only Silicon Valley and Los Census. It has been described as the most site for both the Seal Beach Naval Weapons Angeles, and tied with San Francisco. Orange agreeable climate in the continental United Station, which even today supplies a major County exports more than $12 billion worth of States. This district has the beautiful scenery, portion of the Navy's firepower and the Santa goods each year, from computers to state-of- which is typical of California. The location oc- Ana Army Airfield. This airfield was the staging the-art medical equipment, biotechnology, and cupies the southernmost portion of Orange ground for G.I.'s shipping to the war from other ultra-sophisticated technological goods. County, the North County part of San Diego around the country, and can be credited in In just the last three years, high-tech exports County and a small slice of Riverside County, and of itself as a major spur to Orange Coun- from Orange County companies have grown the instant town of Temecula. It includes the ty's population growth as G.I.'s experienced by 53 percent. seaside communities of San Clemente and the pleasant Southern California climate first Orange County is home to some of the San Juan Capistrano, where the swallows fa- hand and many moved their families there most beautiful beaches in the world, stretching mously return every year. The well-known Old after the war. Although this huge airfield was for miles along the Pacific Ocean between Los Spanish Mission at San Juan Capistrano is lo- decommissioned after the war, the land on Angeles and San Diego. The ``Places Rated cated in the quaint little town located above which it sat was put to good useÐit is now the Almanac'' has selected Orange County as the the shores of the Pacific, halfway between site of John Wayne Airport, the Orange Coun- best place to live in the nation, ahead of more San Diego and Los Angeles. ty Fairgrounds and Orange Coast College. than 350 other metropolitan areas. Orange Inland, there are the newer communities of Huntington Beach has become known dur- County is a national center for higher edu- Mission Viejo and Laguna Niguel; just south of ing the last half of the 20th Century as ``Surf cation. Universities and colleges in my district Pendleton in San Diego County are Ocean- City,'' becoming the nation's prime area, include the University of California, Irvine, side and Vista. Farther inland amid the hills September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7561 are Fallbrook and, in Riverside County, If cultural arts are on your agenda, San Salk Institute, where scientists from around Temecula, in the mid-1980s a corner-grocery Diego has set the stage for such incredible the world come to study and make scientific town serving a vineyard district, now the cen- Broadway productions as ``Damn, Yankees'' breakthroughs. Marine biologists enjoy the ac- ter of an area with 100,000 people, mostly and a revision of ``Hair'' from creative play- cess to the sea from their perch in La Jolla commuters to Orange County and Riverside houses like the La Jolla Playhouse and the and contribute to the Stephen Birch/Scripps attracted by low-priced homes and traditional Old Globe Theater in Balboa Park. Each Sep- Aquarium. values. Growth has been and continues to be tember for a weekend, the streets of down- Dr. Roger Revelle established a name and a factor in this area of southern California. town San Diego come alive with the hip and reputation in the area, and is responsible for California has a rich history. It is the 3rd grooving sounds of homegrown musical the academic achievements and popularity of largest state in area and the largest state in groups as well as famous, well-established the University of California at San Diego. population. California has the largest popu- rock bands during a phenomenal music fes- Other major universities in the 49th District, in- lation of Native Americans, a continuing grow- tival known as ``Street Scene.'' The 49th also clude the private and catholic University of ing Hispanic population and a large Asian has a diverse collection of famous art muse- San Diego, San Diego State University, and population, all of which help California to lead umsÐfrom the modern art of the La Jolla Point Loma Nazarene College. Golf enthu- the nation in cultural diversity. I am proud not Contemporary Museum of Art to world classics siasts can enjoy the same course played by only to represent this area in Congress, but at the San Diego Museum of Art or American professionals of the PGA at the public Torrey also to be a resident of the wonderful state of artists at the Timken Museum of Art or native Pines Golf Course, while watching hang glid- California. I would like to wish a Happy Anni- pieces from around the world displayed at the ers glide off the rocky cliffs or sunbathers at versary to the 31st State of America. Mingei International Museum. world famous Black's Beach. Mr. BILBRAY. Mr. Speaker, this is a great Balboa Park is a cultural center located in Grabbing food in San Diego is a delicious time to reflect on the greatness of our country. the heart of the 49th District. It is a serene, and unique experienceÐfrom the quick serv- With California celebrating it's 150th anniver- green oasis situated in the middle of a bustling ice of authentic fish tacos at local sensation sary of the state's admission to the union, one major metropolis. Not only is the San Diego Rubio's Restaurants to the more formal and automatically recalls that inspiring phrase, ``Go Museum of Art located in this vast cultural en- decadent dining at any of the restaurants lo- West, young man!'' and the beginning of our clave, but adults and children alike can learn cated in the historical Gaslamp District in the trail blazing history. As Californians, we can about the wonders of science at the Reuben heart of downtown San Diego. And no one rejoice in the adventurous and rugged spirit of H. Fleet Science Center, delve into man's past can visit San Diego without sampling the de- our forefathers and be grateful that these men at the Museum of Man, and be engulfed in the lights of authentic Mexican fare while viewing and women were willing to risk life and limb beauty surrounding us at the Natural History the adobes and churches of the first San for a new and unknown life in California. Just Museum. Diego settlers in historical Old Town. The ac- envisioning those covered wagons poised on The most popular world famous attraction in tivities, people and places in California's 49th the pinnacle of the Sierra Mountains and look- the area is the San Diego Zoo. Just this past Congressional District are as numerous and ing down on the promised land brings a shiver summer, our zoo became one of the first in diverse as its residents. There is no other to my soul. Those were truly trying times and history to have a baby Giant Panda live past place like it in the world and it is an honor rep- those first California settlers were truly brave her first year after being born in captivity. Hua resenting its interests and people in Congress. people. Mei has become the biggest celebrity in San Happy Birthday, California! And a big thank I am proud of my rootsÐmy father is from Diego. Visitors from all over the world have you to those brave men and women who the East, specifically Alabama, and my mother made special trips to catch a glimpse of this risked their lives to conquer the unknown and is from Northwest Australia. However, my fam- giant bundle of joy. But long before Hau Mei's establish such a wonderful place as San ily and I are grateful for those brave spirits birth, the world famous San Diego Zoo has Diego and the State of California. who ventured from the East because we now seen the births of many beautiful creatures, Mr. FILNER. Mr. Speaker, on the occasion have the opportunity to benefit from their risk such as black rhinos, giraffes, and many en- of the 150th anniversary of California's admis- and foresight. dangered species. sion to the Union, I rise to bring attention to San Diego is the jewel of California, and I Another famous site in San Diego is located the 50th Congressional District of CaliforniaÐ have had the privilege of representing one of on the island city of Coronado. Hollywood su- an urban district in southern San Diego Coun- the most beautiful and inspiring districts in our perstars have flocked to the legendary and ty and the southernmost district in California, nation. San Diego is the area where Father historic Hotel Del Coronado. The ``Hotel Del'' bordering Mexico. Junipero Serra set up one of the first missions built in 1888, as one of the oldest standing I am proud that it is one of the most eth- in California. This early history can be ex- wood structures of Victorian architecture is a nically diverse congressional districts in the plored in the preserve of Old Town San Diego. national historic landmark that has a rich and nation. No racial or ethnic group is in the ma- Presently, the residents of San Diego relish colorful heritage. Ten U.S. presidents have jority: we have 45 percent Latino residents, 25 in telling all of their friends and relatives out- stayed in this extraordinary hotel, starting with percent Anglo, 15 percent African-American, side of Southern California about the incred- Benjamin Harrison in 1891, and since Lyndon and 15 percent Asian-American. ible weather they enjoy year roundÐ70 de- Johnson, every president since has visited the Our residents include veterans, seniors, and grees and no humidity! California's 49th con- ``the talk of the Western world.'' Charles Lind- working families. We are concerned that our gressional district boasts such natural wonders bergh was honored at the Hotel Del after his children receive a quality education, that all as the sensual coastline from its southernmost successful transatlantic flight. Subsequently, our families have access to high-quality, af- point in Imperial Beach to the rocky cliffs of the international airport in downtown San fordable health care, that we invest our budget Torrey Pines' nature preserve. The 49th also Diego is named after this famous aviatorÐ surplus to strengthen Social Security and holds in its stead the tranquil, deep waters of Lindbergh Field. In 1958, the outrageously Medicare, and that we fight to keep the prom- the San Diego Bay, which is home to Sea funny movie ``Some Like it Hot'' with Marilyn ises that were made to our veterans. World as well as large naval bases that rival Monroe, Jack Lemmon and Tony Curtis used The southernmost neighborhood in my dis- the ports of HawaiiÐNorth Island Naval Air the Hotel Del as a stage and backdrop. trict, San Ysidro, California, is situated on the Station and the 32nd Street Naval Station. Speaking of celebrities, San Diego has also Mexican border and is the busiest border With San Diego being blessed with both an been the home of such movie celebrities as crossing between any two nations in the awesome shoreline and an incredible bay, Gregory Peck and Rachel Welch, who grew world! The proximity of Mexico provides both residents and tourists alike can enjoy surfing up on the beaches of La Jolla, and Eddie challenges and opportunities for my districtÐ and sunning on the beach or sailing and Vedder, lead singer for the popular rock but we revel in the excitement of a truly bina- kayaking on the bay all year round. group, Pearl Jam, spent much of his youth at tional community. An event that I enjoy the most is Sand Cas- the clubs and beaches of San Diego. Surfing To the east is Otay Mesa, primarily an in- tle Days held every August in my hometown of sensation and Nobel Prize recipient Kary dustrial area with an expanding large-scale Imperial Beach. This is a world-renown event Mullis is a friend who continues his research manufacturing base. Farther north are the cit- that gathers the best amateur and professional at UCSD. Helen Copley is a powerful news- ies of Chula Vista and National City, home to sand castle designers from around the country paper woman who still boasts the only major many residential areas and hundreds and hun- and the world in the tiny Southern California newspaper in the area, the San Diego Union dreds of small businesses. One of the coun- beach town. Every year, we are surprised by Tribune. The famous scientist who discovered ty's largest developments, Eastlake, is rapidly the intricate designs created by the simple penicillin, Dr. Jonas Salk, called La Jolla home growing to the east of Chula VistaÐand substance of sand. and also founded the internationally acclaimed Bonita, a neighborhood of middle-class homes H7562 CONGRESSIONAL RECORD — HOUSE September 13, 2000 in an unincorporated community of the county, With its sunny weather and stretch of coast- 1323. H.R. 1323 deals with breast im- is nearby. line, it is not surprising that North County is plants, an issue that has been the sub- At the northern border of the 50th district is one of the fastest growing areas in California. ject of many court cases now for a the central portion of the city of San Diego, Mr. Speaker, I consider it a privilege to live in number of years. just south and east of downtown, with many North County and an honored to serve and On Monday, the Food and Drug Ad- neighborhoods that are experiencing represent the people of the 51st district. ministration, the FDA, hosted a meet- gentrification by ``urban pioneers'' moving back Mr. HUNTER. Mr. Speaker, I rise today to ing to discuss research on silicone gel- from the suburbs. celebrate the 150th anniversary of California's filled implants, and I am grateful for All in all, the people of the 50th congres- admission into the Union. I am fortunate to the FDA in their willingness not only sional district represent the best of America. represent the 52nd Congressional District, a to meet with my own constituents but Industrious and ambitious, striving for a good beautiful area along our international border also other people on my staff on this life for our children and grandchildren, we with a rich history and culture. Home to the issue and hopefully will continue to work and play together in a largely harmo- deserts and agriculture fields of Imperial dialogue with the FDA to ensure that nious blend of race, ethnicity, and religion. We County, as well as the mountains and urban women get the information they need believe in the American dream. areas of East San Diego County, the 52nd is on the safety of the implants. I am proud to represent these fine men, as much diverse as it is unique. However, the research indicates that women and children, and I am working hard in As the winter home of the Navy's Blue An- platinum salts have been released by Congress to ensure the best for their future. gels, and thousands of ``snowbirds'' from all silicone gel-filled implants. This is sig- Mr. CUNNINGHAM. Mr. Speaker, on the over the country who come to enjoy the sce- nificant information because the plat- 150th anniversary of California's entrance to nery and weather, Imperial County is known inum salt in certain form is known to the Union, it is with great pleasure that I intro- as the place ``Where the Sun Spends the Win- be toxic. New technology has allowed duce California's 51st district. ter.'' It is the home of the Glamis Sand Dunes, scientists to determine that the plat- California's 51st district covers most of the Brawley Cattle Call, and the best farm inum used as a catalyst in making the North County, only minutes from downtown land in the country, which provides delicious gel and the shell of the gel-filled breast San Diego. North County, well known for it's fruits and vegetables the entire country enjoys implant is being released into the body beautiful beaches, ideal weather, and quiet year-round. Imperial County is also home to of women in a harmful toxic form. lifestyle has proven attractive to the growing the largest body of water in California, the Last week, the FDA released infor- 650,000 who inhabit this region and the many Salton Sea, as well some of the best Mexican mation on their web site citing breast who visit ``America's Finest City'' and the sur- food a person can find. implant complications. This is a vic- rounding area from all over the world. San Diego County draws its name from San tory for the consumer advocates who The 51st district encompasses the coastal Diego de Alcala, a designation credited to have been working to provide more in- towns of Carlsbad, Encinitas, Solana Beach, Spaniard Don Sebastian Vizcaino, who sailed formation to women who are consid- and Del Mar. Carlsbad is best known for its into what is now San Diego Bay on November ering implants. However, the informa- majestic flower fields and is the predominate 12, 1603, and renamed it in honor of his flag- tion provided in this web site does not supplier of commercially grown flowers on the ship and his favorite saint. The County of San include the recent findings on the tox- West Coast. The flower fields are easily seen Diego was established by the State Legisla- icity of platinum salts found in gel- from 1±5 as one makes their way down this ture on February 18, 1850, as one of the origi- filled implants. coastal commute. Also, newly constructed nal 27 counties of California with an estimated Women need to know how harmful Legoland choose to call Carlsbad home. The population of at least 3,490. the release of platinum in their body amusement park opened in 1999. Today, almost 100,000 people and 5,000 and to their children who may be nurs- Del Mar is where the ``turf meets the surf'' businesses reside in San Diego's East County ing can do to them. It has come to my and is home to the Del Mar Racetrack. One alone. Places like El Cajon, which means ``the attention that children who breast-feed can watch the thoroughbreds and still have a box'' in Spanish because the city is completely from mothers with silicon brevity im- view of the ocean from the grandstand. During surrounded by mountains, provides the perfect plants may also experience harmful the off-season, the Racetrack becomes the recreation spot with horseback riding, golf body excess from the toxicity symp- Del Mar Fairgrounds. This two-week fair has courses, campgrounds, parks and easy ac- toms of exposure of platinum salts. been a North County tradition since 1936. The cess to the many attractions of Southern Cali- Symptoms of exposure to platinum in fair features rides, livestock shows, exhibi- fornia. a reactive form can also cause fatigue, tions, agriculture, and local art. Over 1 million Another city in East County, La Mesa, is dry eyes, dry mouth, joint inflamma- people visited the Del Mar Fair last year. known as the ``Jewel of the Hills'' to the tion, hair loss and also rashes. Inland, the towns of San Marcos, Rancho 56,000 people who call this desirable city their As a sponsor of the Silicon Breast Santa Fe, Escondido, and Poway lie among home. La Mesa's location places it close to Implant Research and Information Act, the rolling hills. Escondido is home to the the cultural facilities, sports, recreation and I believe that the need for more re- world famous Wild Animal Park, established in water-related activities afforded by its prox- search is especially compelling in light 1969. This 1,800-acre wildlife preserve allows imity to the county's metropolitan center, of the FDA’s own study on the rupture visitors to view herds of exotic animals as they beaches and bays. of silicone breast implants. might have been seen in their native Asia and The 52nd Congressional District is made up On May 18 of this year, Dr. S. Lori Africa. of communities in which the residents and Brown’s research showed that 69 per- A portion of the city of San Diego makes up business people take an active role in pro- cent of the women with implants had the remainder of the 51st district. This area in- tecting and enhancing the quality of living. The at least one ruptured breast implant. cludes the former Miramar Naval Air Station. number of service clubs and organizations, The FDA concluded that the rupture of The base, made famous by the 1986 movie school and church related groups, and other silicon breast implants is the primary Top Gun, was home to the elite naval fighter civic and social organizations, give tangible concern although the relationship of pilot school of the same name. This naval evidence of the vitality of its citizenry and their the free silicon to the development or base was converted to the Miramar Marine active interest in the community. It is a com- progression of the disease is unknown. Corp Air Station in 1996. North County is also mitment to ``community'' that gives the 52nd a We do know there is a rupture of sil- home to many veterans and active military special identity. icon into the body, but we do not know who choose to make San Diego their perma- f the impact. That is why we need more nent home during and after their military serv- research by the FDA. ice. H.R. 1323 I heard from my own constituents San Diego is also fast-becoming the center The SPEAKER pro tempore (Mr. over the last number of years and lit- of the growing high-tech and bio-tech indus- SHERWOOD). Under a previous order of erally women across the country, Mr. tries. Qualcomm, Cubic, Hewlett Packard, the House, the gentleman from Texas Speaker, who have suffered from the Sony, Nokia, Erickson, Titan, Ligand Pharma- (Mr. GREEN) is recognized for 5 min- long-term consequences of reconstruc- ceuticals, Pyxis, and the Immune Response utes. tion and cosmetic surgery. They have Corporation all call San Diego home. These Mr. GREEN of Texas. Mr. Speaker, experienced infections, chronic pain, booming industries have brought San Diego to today I want to talk about legislation deformity and implant rupture, inac- the forefront of these exciting new fields. that I have been working on. It is H.R. curate mammography readings due to September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7563 the implant concealing breast tissue Mr. Speaker, I have never heard voted for that budget, because we and difficulties in getting health insur- something so ridiculous. The gen- wanted them to vote for it, to show ance to pay for the high costs of re- tleman may speak of his own opinion, that they supported increase in taxes, peated surgeries. The cost of faulty im- but I would say that the gentleman is to show that they supported raiding plants is paid by all of us in the system factually challenged. First, 70 percent the Social Security trust fund, to show even if it is not covered by insurance. of Americans have insurance, both for what a sham that the budget was. Do The Institute of Medicine estimated healthcare or for prescription drugs, we know how many Democrats sup- that by 1997, 1.5 million to 1.8 million and they want to keep that. Unfortu- ported it? Only four. American women had breast implants nately, there is a large portion of the Yet, AL GORE uses that budget as the with nearly one-third of these women American population that has neither basis, and I quote AL GORE, I use this being breast cancer survivors. The healthcare nor prescription drugs. budget as the basis for my plan, which American Plastic and Reconstruction Governor Bush wants to make sure spends every cent and more of the sur- Surgeons cited breast augmentation as that those people are taken care of. plus. It dips in and raids the Social Se- the most popular procedure for women But if the Democrats can demagog in- curity trust fund. It increases the taxes ages 19 through 34. In 1998, nearly 80,000 surance companies or biotech compa- on the American people. And when my women in this age bracket received nies, then what is left to pick up the colleagues want to talk about facts, breast implants for purely cosmetic void? Only big government, Hillary that is a fact. reasons. By 1999, an additional 130,000 Clinton-type of healthcare and pre- The reason that I stepped up from my women received saline breast implants. scription drugs, and that is exactly special order was that I was in Los An- In spite of the escalating numbers, what AL GORE does. geles for the Democrat convention. I very little is known about the long- He has a one-size-fits-all, big govern- was on television. I was on radio to see term effects of silicone or platinum in ment solution. Now, I have traveled all the spin, and it is probably the reason the body. Few patients understand that over the country with Governor Bush, why there is an article in the Wash- even when they opt for saline breast and I know not only what he says, but ington Post, which is not exactly a implants, the envelope of the implant I know what is in his heart. While the conservative paper, about, it is still the is made of silicon. Democrats increased veterans economy stupid, by David Broder. And Following the FDA’s decision to ap- healthcare by zero in the last budget, it says that during the past 8 years prove saline breast implants, the agen- Republicans put in a $1.7 billion in- LIEBERMAN said in the convention, we cy did warn women of the potential crease. have created more than 4 million new risk. FDA officials called upon implant Governor Bush not only wants to businesses, 22 million new jobs, the manufacturers and plastic surgeons to keep the promises to our veterans for lowest inflation in a generation, the ensure that thorough patient informa- healthcare that has been given for lowest African American, Hispanic un- tion is provided to women before they many, many years, but he wants to employment rate in history, the undergo the surgery. also make sure that that percentage of strongest economy in a 224-year his- Mr. Speaker, with the FDA approval Americans who do not have healthcare tory of the United States of America. process behind us, the only course of have supplement to their Medicare. He could have added that real incomes action to safeguard the future of What does the Federal employee have? for even the poorest Americans began women is that of an informed consent And that is FEHBP, the Federal Em- to improve and poverty rate declined. document. Somehow, a piece of paper ployees Health Benefit Plan, which is a b cannot make up for a manufacturer’s 1730 insufficient data or the retrieval anal- supplement to Medicare. That is what But what David Broder goes on to say ysis. It cannot make up for inaccurate he has said, that is what he talks about is, ‘‘But it wasn’t until the Republicans labeling and even risk estimates. in every speech, nothing about replac- took over Congress in 1995 that the There is so much we do not know, ing Medicare with insurance compa- goal of a balanced budget came into and yet the one government agency nies, at least do not demagog, at least view, that the economy increased at a mandated to safeguard the public’s do not make up stories that are abso- much higher rate than under the 1993 food, drug and medical devices is mov- lutely not true. tax increase.’’ ing so slow on this issue that could If my colleagues want to talk about The Democrats in their convention jeopardize women with a medical de- facts in the Social Security Trust Fund said, well, if you loved the last 8 years vice that has alarmingly high failure and Medicare trust fund, do we remem- of the economy, you need to put us rates. ber the Clinton-Gore budget, they said back. That is what I want to talk In spite of the agency’s call for post- well, we want to take 100 percent of the about, Mr. Speaker. market studies, the FDA approval of Social Security trust fund and put it First of all, the Speaker of the saline breast implants provides no in- for Social Security and all of the sur- House, the gentleman from Illinois centive for the manufacturers to make plus. (Mr. HASTERT), went to see the Vice data better or a safer medical device. Mr. Speaker, weeks later, they came President and the President last night. Mr. Speaker, hopefully the FDA will back and said oh, not so fast we want They asked if the President would set continue their research. to take 62 percent and put it into So- aside 90 percent of the surplus to re- f cial Security, we want to take 15 per- duce the debt. We pay nearly $1 billion cent of the surplus and put it into a day on the national debt, Mr. Speak- REASONS FOR ECONOMIC Medicare. What they did not tell us is er. The President agreed. PROSPERITY IN AMERICA that the Clinton-Gore budget took They walked away saying, hey, we The SPEAKER pro tempore. Under every dime out of the Social Security will take the other 10 percent, we will the Speaker’s announced policy of Jan- trust fund, put it up here for new debate in Congress, we will work back uary 6, 1999, the gentleman from Cali- spending. They increased taxes $241 bil- and forth as to how the 10 percent of fornia (Mr. CUNNINGHAM) is recognized lion for new spending, to justify their the surplus is spent, whether it is for for 60 minutes as the designee of the budget and their balanced budget. tax relief or increased spending in majority leader. We said no, Mr. President, no, Mr. other areas, like prescription drugs. Mr. CUNNINGHAM. Mr. Speaker, be- Vice President, that we are going to But when he got away, and I will fore I get into my special order, I put the Social Security trust fund into quote here, now when Republicans say would like to address the remarks of a lockbox so that politicians cannot we want to lock away 90 percent of the one of my colleagues just previously on touch it, that you cannot keep increas- next year’s surplus, according to to- a 5-minute. He made a statement that ing the debt and you cannot keep day’s edition of the New York Times, Governor Bush would replace Medicare spending it. So if my colleagues want ‘‘Mr. Clinton told Republicans he with insurance companies. I have never to talk about facts, that is a fact. viewed paying down the debt as a pri- heard something so laughable. Are the Another fact is that Republicans ority, but said he was not sure it could Democrats so desperate that they have brought that budget to the floor to be done in the 2001 fiscal year.’’ got to spin something that is abso- show what a sham it was. Mr. Speaker, Does that sound like the balanced lutely not true? do we know how many Democrats budget? It could be done in 12 years, it H7564 CONGRESSIONAL RECORD — HOUSE September 13, 2000 could be done in 2 years, it could be licans, not a single Republican voted knowing if they are coming back, their done in 4 years, it could be done in 8 for the Democrat tax package. Again, families are penalized. They have to years, and now already the White they say ‘‘economic plan.’’ Why did we move several times during their career, House is reneging on putting the not, Mr. Speaker? I think the Amer- they cannot invest, their children are money in to pay off the national debt. ican people need to know. ripped out of schools. But yet to bal- I think it is ridiculous. First of all, the 1993 Democrat tax in- ance the budget, or to put their budget The point is, when the Democrats crease was the largest tax increase in plan into effect, they even cut the claim that economic prosperity is due history, across the board. The first tax COLAs, which is a tax increase on our to their efforts, I reject that, Mr. they promised a targeted tax relief veterans. Speaker; and I set out to show the rea- plan, and does this not sound familiar If that was not enough, they cut the sons why from fact, from budget legis- with what they are doing today on the military COLAs for our active duty lation, and the lack of budget legisla- liberal leadership of the Democrats? military, the people that need it the tion. They said, we want a targeted tax re- most, that are getting shifted around First of all, not a single White House lief plan for middle-class Americans. all over this country. Then they cut de- or Democrat budget since the Repub- First of all, this body should never fense, $127 billion, after Colin Powell licans took over the majority in 1994 use the term ‘‘middle class,’’ because and Dick Cheney told the President has ever passed either the House or the there are no low class, there are no that a $50 billion cut would put our Senate. As a matter of fact, we brought middle class, and there are no upper- military into a hollow force. the Democratic White House budgets class citizens in this country. There Why did we not support the Clinton- to the floor just to embarrass the are low-income citizens, there are mid- Gore 1993 tax increase? Remember that Democrats, to show what a sham the dle-income citizens, and high-income it increased the gas tax? They even had Clinton-Gore budget was. citizens; but the other side continually a retroactive tax. Most people forget In 1993, they did pass their budget, uses the term ‘‘class warfare’’ to get about that. Remember the First Lady because they had control of the House, their point across. I think that is changed their income tax form so she the Senate and the White House, and I wrong. could benefit from the retroactive tax? will address that in just a minute. In But they promised a middle-income Remember the gas tax went to a gen- 1994, the House voted 223 to 175 and the tax cut, and they could not help them- eral fund? Why, instead of a transpor- Senate 57 to 40 to pass their budget. selves. In 1993 they increased the taxes tation fund? So that they could take But in 1995, Republicans took over and on the middle class. Why? Because it the Social Security trust fund, they talked about balancing the budget for means power, Mr. Speaker. It means could take the increase in taxes, in- the first time. power to rain down more and more cluding the 18 cents Federal tax into a general fund and use it for new spend- In 1996, the budget from the White money to their districts so they can ing. And we said, No, Mr. President, House failed 117 to 304. In 1997, in the come back here and get reelected and Mr. Vice President. We are going to Senate it failed 45 to 53. In 1998 there maintain the majority like they did for take that gas tax, and we are going to was no vote. There was a vote on the 40 years. Democrat budget; and the Blue Dogs, But finally the American people had put it into a transportation trust; and many Republicans and Democrats and and, by the way, I would say that the enough, and in 1994–1995 they said we States have benefited from that, be- Blue Dogs, against the liberal leader- are going to let the Republicans try cause the money, instead of going to ship of the House, had some pretty and let them for the first time in 40 new social spending, failed social good ideas and some ideas that we years control the House. Now we con- spending, has gone to improve our could accept unanimously; but the trol the Senate as well. roads and highways in this country, in- President would veto it, and the Demo- The tax increase in 1993, why did we cluding my own California, which is a crat leadership would fight against it. not support it? Because it took every donor State when it comes to taxes, In 1999 we brought the budget for- cent out of the Social Security trust and not the general fund. ward from the White House, and only fund, just like they had for 40 years But remember in 1993 also the Clin- two Democrats supported it, because, prior, to use up here for additional ton-Gore team tried to pass govern- again, it raided the Social Security spending. In all the budgets, even after ment controlled health care. It was re- trust fund, it increased taxes, it broke Republicans took the majority, the jected by all Americans. Remember the the budget, and it increased the na- Clinton-Gore budget raided the Social $16 billion pork-barrel package? I do. I tional debt. Security trust fund, put it up here for was here. It had payback for people I would say that when the Democrats new spending, increased taxes for new that had voted for the Clinton-Gore claim that they are responsible for the spending, and then put a little bit back team. It put parking garages in Puerto economy, and not a single one of their into the Social Security trust fund or Rico, swimming pools in Florida. I economic plans or budgets ever passed, put in an IOU. mean, it was ridiculous. I would say that that is a sham, Mr. What did that do, Mr. Speaker? It in- In that, the deficits were projected at Speaker. Yet the Democrats will go creased the national debt, at the same $200 billion and beyond forever. Did we back and say, well, it was the 1993 tax time making the Social Security-Medi- vote for it? No. increase. They refer to it as their 1993 care trust fund insolvent. Republicans First of all, the Social Security tax economic package. said, No, Mr. President, Mr. Vice Presi- increase, we rescinded that and did But after I go through this, I will dent. We are going to put the Social away with it. The tax for the middle also show in this newspaper article and Security trust fund into a lockbox, to class, we have given education IRAs, every newspaper article within the where it accrues interest. Instead of in- we have given education savings ac- country, liberal and conservative, it creasing the debt, it is going to pay counts, we have given R&D tax credits, says the Al Gore economic plan would down the national debt by the year we have given capital gains tax credits, spend all of the projected Federal sur- 2013. which the Democrats said were all for plus of more than $4 trillion and run up Now, AL GORE in his budget tries to the rich. They fought tooth, hook and a deficit of $900 billion over 10 years, no take claim for this. They did in the nail. Yet at the convention I see the cushion at all, $900 billion in the hole. Democrat convention. It is not true. Vice President claiming credit for edu- Does that sound familiar? It sounds They fought it tooth, hook and nail, cation IRAs, when they fought against familiar to 40 years of Democrat con- every single part of the way, because them tooth, hook and nail. They said it trol of the House, in which in 1993 the they wanted to use that extra money was a tax only for the rich. The $500 de- President’s budget projected deficits of for spending. I think that is wrong. duction per child, remember that side, $200 billion every year throughout and Why did we not vote for the 1993 tax it is only a deduction for the rich, just beyond, and also increased taxes every increase from Clinton-Gore? Because it like the death tax and the marriage single year and raided the Social Secu- cut the veterans’ COLAs. You want to penalty. It is only a tax break for the rity trust fund every single year. talk about priorities? Our veterans rich. I would say that the 1993 package that served this country, in many cases Tax breaks they cannot stand. Why, that they claim, they say, well, Repub- departed from their families, not Mr. Speaker? A tax break is a sense of September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7565 power, money in the Federal Govern- tor. But if interest rates are important fries, to spread the money around a lit- ment. A surplus that is not given back to the American people, and the bal- tle bit. It is called micro and macro- to the American people is power to anced budget is the primary cause of economics, that one has more money spend, power to spend for constituents, interest rates going lower, according to and they will spend it or at least set it whether you are a Democrat or Repub- Alan Greenspan, the head of the Fed, aside and save it. lican, down to your district, so you can then that is an economic principle that Yet, Mr. Speaker, my colleagues on get reelected; and they will resist tax we want to adopt. the other side have never seen a tax in- breaks in any single way. Even the Who fought against it, Mr. Speaker? crease they do not like, or will they promise of middle-class or middle-in- The Clinton-Gore administration was ever support a tax decrease? No. At come tax workers and Americans, they here in this House fighting day by day least some of my colleagues will, but rejected it. They increased the tax. to fight against the balanced budget the liberal Democrat leadership on They just cannot help themselves in because it limited the amount that that side fights it tooth, hook and nail that. they could spend and to regain a ma- every single day. The Social Security trust fund, we jority, and that is just wrong. But in Less government spending. If we have said no. Lockbox. Veterans’ COLAs, we 1997, after 2 years of demagoguery, the less bureaucracy; for example, about restored that, on a bipartisan basis, by President finally came to the table 4,000 workers in the Department of the way, against Clinton’s and GORE’s with Republicans, against the wishes of Education, and we only get less than wishes. The military COLAs, we rein- the liberal Democrat leadership on this half of that money down to the class- stated that. We have replaced some- side. They still fought it tooth, hook room because of the bureaucracy, Fed- what of the defense. The increase in and nail, fought a balanced budget, be- eral education spending. I used to be taxes at the highest level in history, cause their leadership saw that, well, the chairman on the authorization we have done away with much of that. that will take away their ability to re- committee. Only about 7 percent of The gas tax, as I mentioned, we put take a majority, and that was more im- funding from the Federal government into a trust fund. We took the health portant to them than a balanced budg- gets down to the States for Federal care plan and we benefited many Amer- et and the economy of this country. education programs. But yet, in most icans, but we have still got a long ways The President signed a budget agree- States, it takes more than half of the to go. ment. I give him credit for that. States’ administrative body to manage So, for the Democrats to say that A second principle is that the govern- that 7 percent of Federal education dol- they are responsible for the economy, ment should keep its books in order lars. And the other paperwork, by the first of all, when not a single one of and cut wasteful spending. In the time we go back and forth with all of their budgets or economic plans have Washington Times today, it listed 4 the different requirements, then we ever cleared the House or the Senate, government agencies responsible for have even less than that to spend on outside when they controlled this body, $21 billion, actually $20.7, close enough, the classroom, whether it is for con- and the 1993 tax increase that most of of fraud, and one-half of that fraud was struction, whether it is for teacher it has been rescinded, it is a little bit in Medicare. I would say, whether it is pay, whether it is for technology, or ridiculous for them to claim credit for the Education Department that only whatever it is. the economy. gets about 48 cents less than half of the So another principle should be not dollars down to the classroom because b just to cut wasteful spending, but those 1745 of the bureaucracy, and that the IRS items in which we have priorities for, It is impossible. It is illogical. and GAO have been unable to audit; as Social Security, Medicare, prescription Economic principles. We say well, a matter of fact, it is unauditable, that drugs, education, that the maximum what has not and what has, in my opin- there is fraud, waste and abuse there. amount of dollars should go to those ion, and 99 percent of the economists We look at food stamps or HUD, and groups that we are trying to help, not contributed to a better economy for all yes, Mr. Speaker, Defense. I can go a bureaucracy in Washington. But the Americans. through and point out fraudulent and era of big government is not over. In First of all, when we took the major- wasteful spending in Defense, which I AL GORE’s budget plan we see govern- ity, in our 1995 budget, even before am a hawk; well, maybe a dove that is ment with 48 new government agencies that, with the Contract With America, fully armed. But there is wasteful in the Clinton-Gore budget last time. we said we are going to balance the spending, and that should be part of In the one prior to that, it was 115 new budget. Do not listen to me or to the the principles of reducing and helping government agencies. They cannot Democrats, or to any of the leadership; this country to economic prosperity. bring themselves to cut the budget. listen to what Alan Greenspan said. He Tax relief for working people. Mr. When they say, look at the number of said, and I quote, just by speaking Speaker, if someone has a $500 deduc- government officials that have been re- about balancing the budget and the po- tion per child or they can have an IRA duced, we know that 90 percent of tential for the Congress of the United in which they can set aside $2,000 a those Federal employees are defense States to balance the budget will re- year, which the gentleman from Mis- and defense-related industries, not the duce interest rates across the board. souri (Mr. HULSHOF) set forth so that civilian workforce. And what do interest rates mean to the working families could set aside Another principle should be to pay American people? money. If one has a child, when he is down the debt. Paying $1 billion a day, I have a family, a young man that born, by the year he is 10 years old, at nearly $1 billion a day is robbing our just got married. He is looking into $2,000 a year, well, we would say that children of their future and putting a homes. Here is a chart I pulled out of would be $20,000, but with compound in- debt burden on their backs that we as the Washington Post, and it is on terest, it is almost $40,000 a year by the adults and Members of Congress should home-buying, Mr. Speaker. Take a time that child is 10 years old. One can not do. We have paid down, in every $140,000 house, and most people would use it for special education, for special single year, the debt when again, the like to find a $140,000 house today. But needs, one can use it for books, for tu- Clinton-Gore budgets have increased at 5 percent interest, one’s payments toring, or one can leave it in the trust the deficit by over $200 billion, includ- are about $1,000. If one has 8.5 percent, fund for higher education. ing the present Gore plan. Just read all which is about what the prime is But yet, that was rejected by the of the papers, look at all of the econo- today, one is paying $1,400 a month for Clinton-Gore administration, and now mists. He spends every bit of the Social one’s payment. If it is 10 percent, one is the Vice President is trying to say it Security trust; he spends every bit of paying almost $1,600 a month. That is was his idea, when they rejected it, and the surplus and increases taxes at the real savings to the American people, that is wrong. But tax relief for work- same time, and guess what? The debt when one is buying a home. ing families, they get a little more goes up again. I just sent my daughter off to Yale. I money in their pockets, and maybe Budgets for education. People say, cannot tell my colleagues how expen- they can go out and buy a car, and car look across the land. My wife was a sive that is. She scored a perfect 1600 dealers like that. Maybe they go out teacher, a principal, and now she is a on her SAT, and she wants to be a doc- and buy a double cheeseburger, double district administrator for the school H7566 CONGRESSIONAL RECORD — HOUSE September 13, 2000 district. My sister-in-law, Carolyn whole idea. We are trying to get in a Mr. STENHOLM. Mr. Speaker, would Nunes, is the district administrator for block grant the money to you so that my friend yield for a minute? Any all of San Diego city schools for special you, if you live in Wisconsin, this pro- minute that I take from the gen- education. Allen Buerson, who was a gram may work best for you, but yet, tleman, any minute I take I will be Clinton employee before, is now the su- the teachers, the parents, the prin- happy to give to the gentleman after- perintendent of San Diego city schools. cipals and the community can make wards. Guess what? He is in the real world and the decision of how that money is Mr. CUNNINGHAM. I yield to the now he is fighting for Republican prin- spent. We believe that with all of our gentleman from Texas (Mr. STENHOLM). ciples of getting the dollars down to hearts, that those dollars are best Mr. STENHOLM. I thank the gen- him so that he can make the decisions, served by not a bureaucrat here, not a tleman for his compliments. I do not so that the teachers, the parents and union boss telling them how they have want to interrupt the gentleman now, the administrators can make a decision to spend those dollars, but that it gets but I would sincerely say, whatever on what happens to their dollars. to them in the classroom. time I take, I hope the gentleman We passed a bill on the House Floor The second thing was the education would stick around and use a part of called Ed Flex. The liberals over here flex bill, the President wanted 100,000 my hour, because I think a little dia- fought against it, because again, they teachers. We said 100,000 teachers, but logue between the two of us might be want government control of health the first half of that, there was not the helpful. care, they want government control of quality, because many of those teach- I know the gentleman does not mean education, they want government con- ers were not even certified. As a matter to misrepresent. He believes what he is trol of private property; they want the of fact, in the State of California, saying, just as I would believe what we highest taxes possible so that they can many of them, after they were hired, are saying. I think we could clear up keep that power and have bigger bu- have to be fired, because they could not the record a little bit if we have a dia- reaucracies. But yet, Allen Buerson teach in the subject that they were logue. I will yield some time to the says, we need the money more down to supposed to be trained in. We said no. gentleman when my hour comes in a the classroom, and I support Allen To hire new teachers, first of all, with moment, and hope the gentleman will Buerson who is a Democrat and also Federal dollars, there has to be quality stick around. the superintendent of schools for San associated with it. We think that is Mr. CUNNINGHAM. Mr. Speaker, I Diego city schools, and I think he is right too. That decision again should would tell the gentleman, we have the doing a good job. be made at a local level in how to do Sportsman’s Caucus dinner tonight But let me give my colleagues an that. that I am going to hustle over to, but idea, Mr. Speaker, of the sham that the b 1800 I will stick around maybe the first 5 Democrats run and why it is so dif- minutes. ficult for the American people to see Mr. Speaker, the principles of a bal- I would say again, many of my col- the differences. anced budget, lower interest rates, First of all, we have talked about the lower inflation, making sure that the leagues on the other side, especially President’s budget. Democrats did not Federal government puts its house in the Blue Dog budgets most of us on vote for it. But yet, they will use the order and its books in order, making this side could adopt, but we could not President’s budget number of $1.1 bil- sure that if a government is wasteful, go along with the liberal leadership lion for special education. When the that it is eliminated, or at least fixed, from the gentleman’s party or the Democrats had control of the House, they are important. White House. As a matter of fact, most the most money ever spent on the au- A good example is Head Start. Just of the gentleman’s people could not thorized amount was 6 percent for spe- like those 16 programs, many of my lib- vote for them when they were brought cial education. If one includes the eral friends would say, let us do all 16 forward on the House floor by Repub- money for Medicaid, that has gone up programs, let us do them; not mean, licans. to about 18 percent for special edu- not malicious. But in doing that, they The President, as I mentioned, in 1997 cation. In this budget, the Republican would put all of those programs under signed the balanced budget agreement, budget, we increase special education the Department of Education. Each one but each one of those budgets following by $550 million. But yet, the budget would have a bureaucracy. Like Head they increased taxes, they took money that none of the Democrats voted for Start and Easy Start and many of the out of the social security trust fund, because it increased taxes, stole Social programs, there was underfunding. and they increased the debt by using Security trust, and the only way they They were doomed to fail. false assumptions. got up to the $1.1 figure was to use We think that the best decisions I would be the first one to say that that, those gimmicks, and say that Re- should be made at the local level. We there were many of the assumptions in publicans are cutting special edu- think that is right, too. Under a bal- the Republican budgets that we dis- cation, when we have actually in- anced budget, if Alan Greenspan says agreed with. That is the way it worked. creased it more than they ever did and that interest rates are largely the rea- But I think the overall factors of a increased it by $550 million over the son for economic advancements in this balanced budget, tax relief for working amount. I think that is wrong, to use country, that low inflation is impor- families, social security, tax reduction that kind of smoke and mirrors. tant, that capital gains reductions so people could have their own money, In education, for many, many years have stimulated the economy and cre- not taking the money out of the social they put trillions of dollars into edu- ated jobs, then I think that is good. security trust, education IRAs, a $500 cation programs. When I was sub- But if we have liberal leadership on deduction per child, capital gains re- committee chairman on the authoriza- the other side that fights those issues ductions, and even my own 21st cen- tion committee, I had 16 groups come in both their budgets and in the 1993 tury bill that allowed businesses to do- in before me and testify. Every one of tax bill, then I think that we need to nate their computers to a nonprofit, the 16 had the absolute best program make the analysis of who is responsible that company then took that com- that could be envisioned for their dis- for the economy. puter, which is still in effect, by the trict. It worked. It was helping chil- Again, I would say that the Blue way, they take that computer to a dren to learn or it was helping special Dogs, and my colleague here on the military brig or a prison system, they needs children or even at-risk children. budget has worked. I want to go work on it, they hand that computer Even Bishop McKinney, who has a through this. I have fought for 2 weeks over to the school as a full-up round. It Catholic school for abused children and on this. But I would say, my colleague is a win-win for the budget, it is a win- at-risk children, came in and testified. on the other side has some real good win for education, it is a win-win for After the hearing, I asked each of ideas, and ones that I personally ac- our penal system, and it sure is for our them which one of the other 15 had any cepted. The overall budget I thought businesses, because they get to write one of the other programs in their dis- was bad, but I would say that many of off the tax and invest in new computers trict. They looked at each other, and those issues that the gentleman and then cycle those computers back not a single one. We said, that is the brought forward were very valuable. into the education process. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7567 I think the Republican budget strat- When we have someone that is irre- Yet, Clinton and GORE fought welfare egy has been clearly successful: bal- sponsible, and let me give the Members reform tooth, hook, and nail. The lib- ancing the budget, tax relief, cutting an idea, in welfare reform, I had a doc- eral leadership on that side of the aisle wasteful spending. tor come into my office. He said, Duke, fought welfare reform tooth, hook, and If Members will look at the econo- I had a lady come into my doctor’s of- nail. Why? Trillions of dollars they put mist, Lawrence Kudlow, he says, ‘‘De- fice. She had a 12-year-old daughter. into welfare. The average for a welfare clining inflation has been a pervasive She wanted to know what was wrong recipient was 16 years. In my opinion, tax cut for all Americans. The effect with her 12-year-old daughter, that she many of our inner cities with the drug throughout the economy is in boosting could not have a child. The mother had problems we have, the no hope in the real incomes.’’ a 13-year-old and a 14-year-old each inner cities, is from generations of peo- Alan Greenspan said that long-term with children. She wanted the extra ple trapped in a welfare system with no interest rates have declined drastically welfare money. hope on where to go. since the balanced budget and have en- My father and my mother, I lost my Yes, it is better to give a person a abled us to stimulate the economy. ‘‘It dad about 5 years ago, the best dad in pole and teach them how to fish in- has been the first decline in long-term the whole world, but I never got a nick- stead of giving them the fish. Yet, we interest rates which, perhaps more el allowance. I had to work for it. My are looking at an election where a con- than anything else in our economy, has father and my mother never missed an trast of a Governor that has balanced been a factor which has been driving academic or an athletic event that ei- these budgets, working with Democrats this reality quite extraordinarily, eco- ther my brother or I attended, either on both sides of the aisle, to where in nomic expansion.’’ at home or away. I had to go to church, education he went into the school sys- That is a direct quote by Alan Green- like a lot of us, when I was young. I tems and said, ‘‘What is wrong? Do you span, Chairman of the Board of Gov- would have a lot rather been on some not have the technology? Are your ernors of the Federal Reserve System. Sundays out with my buddies riding teachers not trained? Why are my His- Alan Greenspan also credited this de- around, having a good time, but I had panic and African-American children cline largely to Congress’s determined to go to church. dropping out at high rates?’’ effort to balance the Federal budget. I had to do my homework before I got I think it was fair for him to go into He often advised Congress that finan- to go out and play or be with my bud- the schools and say, ‘‘Why? Whatever cial markets would respond favorably dies when I got older. My mother and it is, our administration in Texas is to credible deficit reduction. father that never had a chance to go to going to fix it.’’ Greenspan said, ‘‘A substantial part college said, you and your brother are If we take a look at all the press ac- of the very considerable decline in going to college. You have no choice. counts, the education, the educational long-term interest rates has been a Because my father said, his small defi- system for minorities, is going up the function of the decline of budget defi- nition of the American dream was that highest of any State. I do not think it cits, because it has removed pressures ‘‘If we teach you the value of a dollar, is fair, where the Democrats had con- on the Federal government borrowing that you have to earn it, we do not just trol of Texas for 100 years, and looking from the marketplace.’’ That is where give it to you, like government gives to across-the-board in the State of Texas. our debt goes up, as well; the reverse of many people in welfare; if we teach you But I think it is fair to look at the dif- what has happened with President a sense of the family, that we are there ferences between the time Governor Clinton’s 1993 tax bill. A year after his for your education, we are there for Bush took over the education systems tax increase was enacted, interest rates your events, that we care; if we force in Texas and what he has done for the have moved up about 21⁄2 percent, per- you to do your homework so that you State of Texas. centage points. The trend for real eco- can qualify for college and you get a I was on Heraldo with Al Sharpton, nomic growth slowed. college education,’’ my father’s small that was fun. I told Heraldo, I said, Mr. Interest rates peaked November 7, definition of the American dream is Heraldo, you spent your whole life 1994. The next day, the national board that, ‘‘With those tools, you can make reaching out, making sure that minori- set a new direction. They said that tomorrow better most days than it is ties have equality. Where you have they wanted to stop the raid on the so- today; not every day, but most days.’’ someone like Governor Bush in Texas cial security trust fund, they wanted to I would ask the Members, what that has gone into the education sys- stop increased deficits and an increase chance at the American dream does tem, and in my opinion education is in the debt. that 12-year-old, that 13-year-old, or the savior for a lot of things, for If we look at Vice President GORE’s that 14-year-old or their children, what anticrime, for the economy, and for a budget proposal, that is exactly what chance would they have because the child’s benefit and a family’s benefit. he goes back to. Look at the news- mother wanted more welfare money? But I said, you have got someone that papers, look at the budget analysts. He The Clinton-Gore administration has proven in Texas what they have spends every single penny of the sur- fought tooth, hook, and nail welfare re- done, and they want to do the same plus. We think that is wrong, Mr. form. Governor Engler from Michigan, thing for this great country. At least I Speaker. Tommy Thompson, from Wisconsin, would expect you to reach out and em- Federal Reserve Chairman Alan had models. They brought them to us, brace that. Cut the cards, doublecheck Greenspan had predicted that credible on the Republican side. They said, this what he says, but I have traveled with spending restraint would be rewarded will work. Governor Bush and I know he means it with falling interest rates. I have al- Can Members imagine a parent com- from his heart, and he has not only ready showed in the real estate market ing home with a paycheck instead of a talked the talk but he has walked the what that means to a young family welfare check, what that means to a walk. that wants to buy a new home. child in school? Guess what, those fam- I would challenge all of the Members Real wages actually declined after ilies, and the President takes credit to reach out, especially in education, the 1993 tax increase, and I think quite now for welfare reform, and half of the and get the bucks down to the class- often we speak too much of numbers, people off of welfare rolls. But guess room. but 0.5 percent. Is a balanced budget what, instead of welfare money being Since we have had a balanced budget just numbers? spent out of the government or unem- and Republicans took over, we had the We speak that a lot here on the ployment, those people are working. second largest stock market boom in House floor: deficits, budgets, numbers, Guess what, those tax rolls, they are this century; we had 39 million new increases. But what it is is for real paying money into the government by jobs, 11 million new business start-ups; families. If a family has more in their paying taxes instead of drawing from the creation of $25.7 trillion in new pockets to spend, then they are going that. We think that is good. Has there household wealth. to set that money aside for their chil- been enough in that area? No. Is there I reject the Democrat convention dren. Unfortunately, in this country enough training? No. There needs to be where they say that the last 8 years there are many of those families that additional training. We agree on some they are responsible for the economy. are not responsible. of those issues on both sides. The Greenspan policy of disinflation H7568 CONGRESSIONAL RECORD — HOUSE September 13, 2000 has neutralized the Clinton tax in- average age. I have got Marines car- finger pointing at this side of the aisle, creases. Low inflation has lowered cap- rying World War II radios. Yet, Mr. talking about liberal leadership. ital gains, has led to an information LIEBERMAN says that our military is Mr. CUNNINGHAM. Mr. Speaker, re- technology explosion, fueling even the best in the world. claiming my time, in talking about the more productivity, growth, and wealth If we tell these kids to go somewhere, liberal leadership, many of my col- creation. they are going to do it; and they are leagues support some of the same Nearly half of all Americans own at going to try and achieve. But that is things we want to do, including de- least $5,000 worth of stocks, bonds, or not the point. A, they need the train- fense. But the leadership along with mutual funds. We should not tax those ing. Clinton-Gore has fought welfare re- annuities. Do my colleagues know that, in form, they fought a balanced budget, Kosovo, the two helicopters that b 1815 they fought a lot of the initiatives we crashed, and one helicopter crew was think are responsible for the economy. We should reward work. We should killed, all of them, that those heli- Mr. STENHOLM. Mr. Speaker, if the reward savings, Mr. Speaker, unlike copter crews had never had a flight in gentleman will yield, Presidents do not the Gore budget. a combat-loaded helicopter because spend money. Congress appropriates. American families treasure their they did not have the money to train Mr. CUNNINGHAM. True. ability to improve their condition with a combat loaded? They had never Mr. STENHOLM. Mr. Speaker, the throughout their own efforts. I think trained with night goggles because shortages that we allowed to happen in in our history there is no country in they could not get the goggles into the the defense needs of this country have the world that has out-produced our squadron. Both those helicopters originated in this House of Representa- workers if we give them a chance. crashed. tives, not the President. We both agree On a sense of equal opportunity, is Do my colleagues know Captain to that. there in this country? Absolutely not. O’Grady that was shot down was not Therefore, my concern about the cur- Has it gotten better? Yes, it has. Do we air combat qualified when he was shot rent budget implications today is that, need to work in that direction? Yes, we down over Bosnia because they did not when my colleagues base their entire do. Economic growth is not just about have the money for the training? budget on a tax cut, and the newest one numbers; it is about the values on Do my colleagues know that in the now that they have proposed, the gen- which America and its people thrive. Navy and the Air Force we have no tleman’s leadership has proposed, not Let me go through some of the things more adversary aircraft? The reason the gentleman, there is no money left. that I think have hurt our chances for that I am alive today is because, when If we take 90 percent of the total uni- the economy: first of all, by spending I fought against the MiGs in Vietnam, fied budget and apply it to the debt, the Social Security trust fund; sec- I had better training and better equip- there is no money left this year to in- ondly, 149 deployments for our military ment. But the training today is sub- crease defense spending in those areas in which our military was at a pretty standard. We do not have those adver- where the gentleman from California sad state. sary aircraft. and I would agree. That is my problem. I just spoke to the COs in the fighter We put $3 billion into Haiti. Go to If my colleagues take it out 10 years, weapons schools in both services. The Haiti. I challenge any Republican or there is no money. FMC rate, the full mission capable rate Democrat to go there. Look between Let me go back. The gentleman from of our aircraft and our equipment has the airport and the embassy. There is California mentioned the Reagan gone down. If we had to meet the mini- an average of three murders a day on years. I happen to be a Member that mums of a quadrennial review or bot- that highway, and carjackings. One can served here during that period of time. toms-up review, we could not do it drive a semitruck into the holes; but I happen to be a Democrat on this side today. I think that is wrong. yet we put money into Haiti. Do my of the aisle that helped pass much of colleagues know where the money is? I think for the Clinton-Gore White House to drag our military through 149 the Reagan revolution. Take a look at Arastide’s bank ac- But I think it is important that we deployments, depreciate our men and count. But yet we have not done a set in proper perspective, when we our women and our equipment, cut thing in Haiti. But, yes, we lost some start comparing total outlays in spend- their military and then the veterans’ people there. We got kicked out of ing as a percent of gross domestic prod- COLAs I think is wrong. there. 1 I stand before my colleagues, Mr. uct during the Reagan years was 21 ⁄2 In Somalia, the same thing. We can- Speaker, tonight. Are we perfect on the percent. It increased to 22 percent in not fight a Kosovo and fly 86 percent of Republican side? Absolutely not. We the Bush years. It has dropped to 20 all the missions just because the U.N. have got a long way to go, I think, with percent in the Clinton years, which the and NATO do not have the aircraft and our own budgets and everything else. gentleman’s side of the aisle had de- the technology. Either they need to up- But I do think the principles of Ron- served some credit for bringing down grade their aircraft and technology for ald Reagan of less taxes and smaller the spending. standoff weapons or they need to pay government, of making sure that gov- But when one counts administra- the United States those billions of dol- ernment that is wasteful is eliminated, tions, it is not correct to say that gov- lars that it costs us: $16 billion for Bos- those principles are sound and go for- ernment has grown in the last 8 years. nia, the four times going into Iraq, ward a long way. It has not. Federal employment has bombing an asprin factory. At the Mr. Speaker, I yield to the gentleman dropped from 2.1 million Federal em- same time, General Ryan told me we from Texas (Mr. STENHOLM). ployees during the Reagan years, went put a year’s life on every one of our Mr. STENHOLM. Mr. Speaker, I up to 2.2 million in the Bush years, and aircraft, a year’s life, and which we thank the gentleman from California dropped to 1.8 million in the Clinton have parts. for yielding to me. years. What is happening today? We are Mr. Speaker, I would like first to as- I do not say that in defense, because only keeping in 22 percent of our en- sociate myself with the gentleman’s re- I am much more interested in the fu- listed into the military. I talked to the marks as he has discussed the defense ture than I am in the past. I rejoice in SEAL team commander yesterday. He needs of this country and the needs the fact that we now have a surplus, has right the opposite. Those kids are that we need to follow through. I cer- that we are, in fact, discussing how we motivated. They have increased their tainly want to join with him. shall spend the surplus. During my recruiting and retention; but yet they But by the same token, I think it is hour, we are going to talk about this have problems in research and develop- important, and I say this now, anytime surplus is fictional. We cannot spend it ment and procurement. But when we one starts pointing fingers, I was re- like it is real money. It is projected. only keep 22 percent of our enlisted, minded that anytime one points one’s But discretionary spending, defense, think about our experience level in finger, there are always three pointing defense spending, let me make this maintenance. back at one. point to bear out what the gentleman The average fighter in the Air Force The gentleman from California (Mr. has been saying as regards to defense. is 18 years. Our bombers are 39 years CUNNINGHAM) has been doing a lot of The Johnson years, oh, how we have September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7569 heard about those. Discretionary those peacekeeping missions. That is where people go to work every day, spending as a percent of gross domestic all I wanted to make a statement for. where seniors reside and so forth. product was 12 percent. The Reagan Mr. STENHOLM. Mr. Speaker, I Following the terrible events at Col- years, it dropped to 9.5. The Bush thank the gentleman from California umbine High School last year, Presi- years, it dropped to 8.5. The Clinton (Mr. CUNNINGHAM) for that comment. dent Clinton ordered the Federal Trade years, 6.8. Nondefense, though, 3.7. Again, in that area, he and I are going Commission to investigate the role Johnson. Reagan, 3.5. to find that we agree a heck of a lot that the entertainment industry f more than we disagree. But I wish he played in promoting youth violence. could stick around for the remaining The report that came out by chairman ORDER OF BUSINESS hour because I would love to have a Pitofsky of the Commission says, and I Ms. KAPTUR. Mr. Speaker, I ask good honest discussion about where we quote: ‘‘For all three industry seg- unanimous consent to reclaim my 5 might differ on some of how we get to ments, the answer is yes. Targeted minutes that was yielded to me earlier that point. But maybe next time. marketing to children of entertain- in the evening. Mr. CUNNINGHAM. Mr. Speaker, I ment products with violent content is The SPEAKER pro tempore (Mr. would be glad to arm wrestle with the pervasive and aggressive. Whether we SCARBOROUGH). Is there objection to gentleman from Texas (Mr. STENHOLM) are talking about music recording, the request of the gentlewoman from or even the gentlewoman from Ohio movies or computer games, companies Ohio? (Ms. KAPTUR) in the future. in each entertainment segment rou- Mr. CUNNINGHAM. Mr. Speaker, re- Mr. STENHOLM. Mr. Speaker, I yield tinely end run and thereby undermine serving the right to object, and I will to the gentlewoman from Ohio (Ms. parental warnings by target marketing not if the gentlewoman from Ohio will KAPTUR). their products to young audiences.’’ agree with this. The gentleman from MARKETING OF VIOLENCE TO CHILDREN BY I bring this up also because we did a ENTERTAINMENT INDUSTRY Texas (Mr. STENHOLM) has just spoken. recent survey in our office of constitu- I would like to make maybe a 1- or 2- Ms. KAPTUR. Mr. Speaker, I thank ents in our district asking them about minute comment. I have to run to a the kind gentleman from Texas (Mr. television. dinner. STENHOLM) for yielding me a few brief b moments here. I will not encroach on 1830 Mr. STENHOLM. Mr. Speaker, I can Seventy-three percent of the respond- yield from my time. his time. I know he has been waiting. No one has been a finer leader on the ents graded the impact of television on Ms. KAPTUR. Mr. Speaker, I have no America’s youth as unwholesome with problem with that. issue of balancing our budget and get- ting the long-term debt and the annual a negative impact on youth develop- f deficits down than the gentleman from ment. Moreover, when asked to list three major concerns facing our coun- ONGOING SAGA OF BUDGET Texas (Mr. STENHOLM). He has been a try, constituents in Ohio’s Ninth Dis- SURPLUS leader for all of us. So for him to yield me a few moments of his time this trict responded television, radio, and The SPEAKER pro tempore. Under evening is a great privilege for me, and movies contributed to the moral the Speaker’s announced policy of Jan- I thank the gentleman so very much. debasement of our youth. uary 6, 1999, the gentleman from Texas Mr. Speaker, I wanted to enter some If that is not bad enough, and that is (Mr. STENHOLM) is recognized for 60 remarks in the RECORD here concerning the reason I am down here tonight, I minutes as the designee of the minor- the recent ruling by the Federal Trade received this letter from the country of ity leader. Commission that was highlighted in Ukraine this week from a religious Mr. STENHOLM. Mr. Speaker, I yield the New York Times yesterday and in leader in that country who says to me, to the gentleman from California (Mr. every major newspaper around the ‘‘Congresswoman, you know, there is a CUNNINGHAM). country with the headline: ‘‘Violence deep economical crisis in our country REASONS FOR ECONOMIC PROSPERITY IN in the Media is Aimed at the Young, today. Social wounds are opened like AMERICA Federal Trade Commission says. Re- crimes, alcoholism, prostitution, drugs, Mr. CUNNINGHAM. First of all, I port finds pervasive and aggressive and much of the humanitarian help agree with the gentleman that it is marketing of films and video games to coming from all over the world is in Congress that spends money. Congress our youth.’’ the form of clothing and food and med- is responsible for the budgets that go I am so concerned about this I will be ical goods. But, please, there is a lot of forward. The President and the Vice sending parts of my remarks tonight to bad, immoral, wild nourishment,’’ and President make recommendations. My the gentleman who represents the mo- he puts those words in quotes,’’ that point is that those recommendations tion picture industry here in Wash- comes here as an ultra modern one. have not been wise. The recommenda- ington, Mr. Jack Valenti, along with ‘‘All this stinking mud that comes to tions that we have made have been the heads of all of our three major Ukraine comes from America and from fought, whether it is welfare reform, commercial networks, along with the Europe. The cult of violence and por- balanced budget and so on. heads of those that sponsor MTV in our nography just fell as locusts onto our Secondly, the defense, we spent the country, to say that we are the most children’s souls and their schools, their money. I believe that, without the 1993 affluent society in the world; and yet houses, and on the streets. defense cuts, without the additional we witness constantly school shoot- ‘‘The television today is working for cuts, without the 149 deployments ings, teens committing murders, first hell, straight. Children are unprotected which has mostly come in, and the gen- graders carrying guns into our schools as no one else.’’ tleman from Texas I think would to shoot fellow students. So I say to those in charge of the vis- agree, comes out of operation and We can all ask ourselves what is hap- ual images put before the people of the maintenance for the military, those pening deep inside this society and why world, when a Member of Congress re- cuts have come deep. do we have to read about children com- ceives a letter like this from a citizen There is also, fraud, waste, and abuse mitting crimes, violent crimes almost in another country, I have to tell you, within DOD. We need to eliminate that on a daily basis. With all the national it is a heavy burden that we carry of as well, and I will work with the gen- reports indicating major crime is com- true embarrassment. tleman on that. But when it says that ing down in our country, why is it that How do we defend this not just here we are responsible for the state of the parents in my neighborhood feel that at home, but abroad? It is defenseless. military, I disagree in the fact that we they cannot allow their children to You cannot be happy about any of this. have been unable, whether it was ex- ride their bicycles more than two Do my colleagues know what he tension of Somalia or Haiti or Kosovo blocks away from the house because asks? And I am going to ask Mr. Va- and Bosnia, all of those different they fear for their lives and for their lenti, I am going to ask the major things, that that has put an additional health? media moguls of our country. He says, toll on our military that we would not We live in a very, very working-class ‘‘We need help with ethics in our have had if we had not been forced into normal community in our country schools. We need help with printing H7570 CONGRESSIONAL RECORD — HOUSE September 13, 2000 books to try to teach the youth here But so often is the case that we tend defense spending, that we must in- about our ethics. We need at least 10 to exaggerate the truth. I am often re- crease the amount of spending that we copies of every book for every school minded of the infamous words of an are now doing on defense because we library in our country. But, Congress- Oklahoman, Will Rogers, who once ob- are short of parts, we are short in the woman, publishing of these books on served, ‘‘It ain’t people’s ignorance area of operations and management ethics cost money. that bothers me so much. It is them and maintenance, and we are dras- ‘‘Can you help us? In the current sit- knowing so much that ain’t so is the tically short changing the future by uation here, we do not have the ability problem.’’ And we get an ample not making capital investments in our to help ourselves yet.’’ amount of statements on this floor defense capabilities. He says, ‘‘Please share our opinion that are just not so. That means that by assuming that and our longing and then we ask you to It is great for our country that we we are going to only increase defense help us in this thing for the children’s are now running a theoretical surplus. spending at the rate of inflation is a good.’’ But just as in the September 4 issue of mirage. So I appreciate the gentleman from U.S. News and World Report, Mortimer What is scary to me is that, if enough Texas (Mr. STENHOLM) allowing me Zuckerman, the editor in chief, stated, people believe this and we should pass these few moments this evening. ‘‘the surplus is a mirage.’’ He is cor- a $1.6 trillion tax cut that we would I include this statement for the rect. find out there will be no money there RECORD: We have heard the gentleman from for any increases and that our country DEAR CONGRESSWOMAN KAPTUR: I ask you Mississippi (Mr. TAYLOR), and perhaps cannot afford. hoping your helping for us in the very nec- Now, we hear about Social Security, essary and important thing. ‘‘Not with the he will join us a little bit later again bread alone lives a man’’—these words might this evening, talking about the fact another trust fund that I think needs be the title of it. that there really is no surplus. Well, I to be locked up and taken off budget, There is a deep economical crisis in think we have to adjust that statement and again I hear bipartisan agreement Ukraine now: a lot of social wounds are a little. to this; and that is in the area of Medi- opened like crimes, alcoholism, prostitution, The Concorde Coalition’s debt clock care, $400 billion. drugs etc. Much of the humanitarian help on Wall Street came down last week. If we take all of the needed increases, now come here from all over the world. Most defense, military and veterans’ pro- of it is clothes, food, remedy, some goods. Last week was the first week in which But, gentlemen, besides it there are a lot of we did begin to run a small surplus. grams, health care, this is one area bad, immoral, wild ‘‘spiritual’’ nourishment But to those that continue to talk that the majority of Members on both that comes here as an ultramodern one. All about a $4.6 trillion surplus like it is sides of the aisle agree that we are this ‘‘stinking mud’’ comes to Ukraine from real money, I would urge a little bit of going to have to put some additional America and Europe. The cult of violence concern and caution. monies into the Medicare and Medicaid and pornography just fell as locust onto chil- We all acknowledge when we hear reimbursement system or we are going dren souls in their schools, houses, on the $4.6 trillion in surpluses that these are to close tens if not hundreds of hos- streets. The television today is working for hell, straight. Children are unprotected. projected. Not a one of us in this body pitals around the United States, 10 to They, as none else, need the pure hopeful can predict tomorrow much less the 12 in my district alone. Therefore, this spiritual nourishment. In the network of the next 10 years. will require some additional invest- secondary schools is introduced such a sub- All of us, both sides of the aisle, ment of our taxpayer dollars. ject as ethics—the very important subject agree that of that $4.6, $2.3 trillion is Let me be very clear. When I talk especially in the new democratic countries now Social Security trust fund. It is about dollars in spending, I readily of the Western and Middle Europe, as well as the amount working men and women concur and agree that Congress has no in the whole world. But there is a lot of ad- money to spend except that which we ministrative formalism here. We still don’t are paying into the Social Security have good books for pupils. Today we need at system over and before what is being take from the American people least 10 copies of every book for every school paid out to those receiving their Social through the tax system. So whenever library. We work on this field a lot. But pub- Security checks today. we are talking about the expenditure of lishing of the thousands books needs consid- Now, that $2.8 trillion we are agree- funds, expenditure of dollars, I readily erable cost. ing to set aside. It is in a lockbox. Call agree it is your dollars, it is our dol- Please share our opinion and our longing, it what you want to. But the basic lars, but I think it is important when then we ask you to help us in this thing, for the greater God’s glory and for the children truth is we are paying down the debt we add up all of these set-asides and good. with that amount of money, and that is lockboxes, increased defense needs, the With respect, the best lockbox we can put on it. true surplus projected is closer to $800 S.P. But what is not mentioned on this billion than $4.6 trillion. Mr. Speaker, I say to the Federal floor is that $2.3 trillion over the next That is why the Blue Dogs on this Trade Commission, be strong in what 10 years is not going to be enough to side of the aisle have for the past year you do. Please help our country lead fully pay the guarantees under Social been advocating a simple formula as to each of us to a better world for our- Security beginning in 2010, the year how we deal with this year’s budget. selves and for our children here at that the baby boomers begin to retire. We have suggested that we ought to home and abroad. Therefore, that is a concern and that apply half of the projected on-budget Mr. Speaker, I thank the gentleman is why some of us have been insisting surplus to pay down the debt first and whose words of wisdom I know on our that before we pass large tax cuts we divide the remaining half equally in budget situation will also help lead us should first decide how are we going to half and say devote half of it to tax to a wiser course. He has been so re- fix Social Security for the future so cuts targeted toward the death tax re- sponsible for the better situation in that our children and grandchildren lief, the marriage tax penalty relief, which we find ourselves. will have the opportunity to receive and many other muchly needed tax re- Mr. STENHOLM. Mr. Speaker, I the benefits that are promised to them lief proposals, but do it in a conserv- thank the gentlewoman for her com- under current law. And no one can ative way; and then use the other one- ments, and I thank her for her remarks come to this floor and say that that fourth of this surplus, or half of the on another very important subject to a will happen unless we make some half, for those spending increases in de- lot of us. changes in the current system. fense, as I agree with the gentleman Mr. Speaker, let me take just a few But of the remaining $2.8 trillion, from California (Mr. CUNNINGHAM) that moments again and discuss the ever most of this is a mirage. Quoting again the need is there, for our veterans, for ongoing saga of the Federal budget. from Mortimer Zuckerman because he our military retirees, for health care, And again I repeat, as I did to my good is right on target: ‘‘The surplus fore- for our pharmaceutical benefit. friend the gentleman from California cast assumed that nonentitlement Now, here is the problem: Today, (Mr. CUNNINGHAM) a moment ago that, spending including defense spending once again, we had a veto override and whenever it sounds like I am pointing will not exceed the rate of inflation.’’ the rhetoric flowed around this body a finger, I always acknowledge that Now, we have already heard from our about the need for that tax cut. Let me there are three pointing back at me. colleague, one of the true experts on make it very clear. I totally agree, 100 September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7571 percent, that we should eliminate the situation, suddenly can come to this number of $612 billion would be a rea- marriage tax penalty. But it does not floor and suggest that that is what we sonable compromise. It is a good target require $292 billion of the projected sur- ought to do with our country. to shoot for and in a total budget of 1.8 plus in order to eliminate the marriage I do not understand it. But then when or 900 billion, compromising some- tax penalty. It takes $82 billion. And you start being critical, it is important where around $612 billion on discre- that is where the problem comes in, be- to then start talking about what you tionary spending would be a good place cause that extra $292 billion adds up to are for. To our leadership, I would sug- to start, but maybe there is a different a total number of tax cuts that we do gest that one of the things that we number. Whatever it is, I would hope not have the money to do. have done over the last several years, that we would not do a 1-year budget Let me quickly run over those, be- and I give credit to the other side of but that we would put in caps that are cause my colleagues are going to hear the aisle for their share of this accom- realistic that will meet the human a lot now about the new budget. I plishment, caps on spending have needs of the defense of this country, would congratulate my friends on the worked fairly well in reducing discre- the health of this country in Medicare other side of the aisle for coming tionary spending. In fact, let me again and Medicaid, our much needed im- around finally to the Blue Dog position read to you some interesting numbers, provement in veterans, in military re- on debt reduction, at least in their because one would never believe, never tirement programs, in the much needed rhetoric. But, unfortunately, when we believe, that discretionary spending is investment in education in this coun- start talking about 90 percent of the coming down when they listen to the try, and in agriculture, because in agri- surplus being applied to the debt, those charges that are made from the other culture we are in the depths of a de- numbers do not add up. side of the aisle. pression. Our prices are as low as they I am surprised that the leadership of Discretionary spending as a percent were during the Depression. We have this body would continue to put out of our gross domestic product in the drought. We have all kinds of problems numbers that anyone that understands Johnson years was 12 percent; in the in which we are going to need to make simple arithmetic knows do not add up. Reagan years it dropped to 9.5 percent; some kind of an investment there, or The unified surplus for this year, for in the Bush years it dropped to 8.5 per- pay the price. example, 2001, is projected at $268 bil- cent. In the last 8 years, it has dropped One never has to do anything, but lion. If we take 10 percent of that, that to 6.8 percent. Nondefense discre- there are some needs here and these is $28 billion available for tax cuts and tionary spending has gone from 3.7 per- are the priorities. appropriations this year. Debt service cent in the Johnson years to 3.5 in the Fiscal discipline, it would be nice if costs $1 billion. Reagan years up to 3.7 in the Bush every once in a while we did have a Already this year, we have voted the years and dropped to 3.4 percent in the true bipartisan attempt to arrive at marriage penalty tax cut. That takes last 8 years. these numbers, but it seems like those $15 billion in 2001 if it would have These are the accurate and honest are illusory; and I guess we are going passed. But it did not. It was vetoed. I numbers. to have to wait until the 107th Con- am saying if it would have passed, Now, what do we do? I am very dis- gress before we will get a chance to do which I assume was the desire of my appointed that we have not been able some of what I am talking about to- friends on the other side of the aisle or to sit down now and put a new set of night, but maybe not. they would not have attempted to caps. We have to put some discipline on Let me refresh all of our memories override the President. spending in this body, on my side of again because my friend from Cali- The small business minimum wage the aisle and, quite frankly, on the fornia was talking the blame game a tax cuts would cost $3 billion. The other side of the aisle, because it is in- moment ago, and I hate to talk about Portman-Cardin pension and IRA tax teresting to me, when we hear that him, he is no longer on the floor; but as cuts $1 billion. Telephone excise tax re- somehow we on this side of the aisle he and I agreed we are going to try to peal $1 billion. Repeal of the 1993 tax on are still blamed for spending we have find another hour sometime in which Social Security benefits $4 billion. been in the minority for 6 years. Last we can have some of these discussions Total tax cuts $25 billion. Medicare time I checked, the minority party because I happen to agree with him on provider restorations, of which we are cannot spend money. We do not have much of his defense positions. in agreement, $4 billion. That makes 218 votes, and, therefore, again, spend- But it is interesting when we look at the total proposals $29 billion. That has ing is bipartisan. the economy and where it is today and a deficit of $2 billion. I would like to see us put some dis- who is taking the credit for what, from And we have not made any increases cipline on us. I would like to see us a pure budget standpoint, voted by the in defense spending. We have not dealt argue for a change on this floor as to Congress, I happen to still believe very with the emergency conditions all over what the caps on discretionary spend- strongly the foundation of this econ- this country, the drought, the fires in ing ought to be in 2001, and then put omy that has given us the longest the northwest, the lack of drinking some caps, realistic caps, in what we peacetime economic expansion in the water over much of Texas. None of can do and must do in 2002, 2003, 2004, history of our country these last 8 these needs have been met as yet. But and 2005. It would put some discipline years, that the foundation was laid in yet, we continue to talk about, or at on this body that, quite frankly, we 1991. It was the so-called Bush budget, least we did up until today, that the need. It is healthy for the Congress and President Bush. He paid dearly for it. major emphasis this year must be on all of the committees to be giving real- He was unelected in 1992, but many of tax cuts. istic numbers, but also tight numbers the tough decisions that were made in Now, the Blue Dogs believe very, that we must follow because that tends that budget, I believe, laid the founda- very sincerely and very strongly that to help us avoid being wasteful, which tion for the economy that we now the best tax cut we could give the we can do a pretty good job of. enjoy. That is a personal opinion, and American people is to pay down the na- The Concord Coalition has rec- it is interesting when we look at who tional debt first. And after we have ommended this. Spending caps should voted for that budget we will find that agreed on paying down the debt, then be retained but raised to realistic lev- only 37 Republicans supported our let us discuss how we might in fact els, and I think as we debate now what President in 1991. It took bipartisan deal with fiscally responsible tax cuts those spending levels shall be in this support to pass that budget, and many just in case the projections are not ac- omnibus spending bill that it would of us have been blamed for that ever curate. make good sense for us to agree on since. that level. The Blue Dogs have sug- Then we come to the 1993 budget. Re- b 1845 gested, and here the Republican budget member that one? That was the Clin- It is amazing to me how businessmen calls for the expenditure in the discre- ton budget. That was one that we and women who serve in this body, who tionary, that is what Congress votes to Democrats paid dearly for. We got would never, ever, think in terms of spend, of $600 billion. The President is unelected and we got in the minority spending a projected surplus in their recommending $624 billion. The Blue for the first time in 40 years. Zero Re- own business or in their own family Dogs have suggested all year that the publicans voted for that budget that H7572 CONGRESSIONAL RECORD — HOUSE September 13, 2000 year, but I think that put the walls up Let me just say kind of in conclu- in the New Yorker Magazine. Here was on the economy. It was a tough budget. sion, I believe the gentleman from one. This is pretty black humor. We Admittedly, I did not support all of Iowa (Mr. GANSKE) is here and I do not have a secretary at an HMO, and she is that budget. I had my differences, par- want to take the entire hour today. I saying ‘‘Cuddly care HMO. My name is ticularly on the spending side, but it was expecting some other colleagues to Bambi. How may I help you?’’ passed. join me, but they are not here. Let me Next one, ‘‘You are at the emergency Then we go on to the 1997 balanced just say that let us not get too carried room and your husband needs approval budget agreement, and that budget away with this new budget that has for treatment.’’ Next one, ‘‘Gasping, also took bipartisan support. One been offered by the leadership of this writhing, eyes rolled back in his head would think from the rhetoric on the body to suggest that 90 percent solu- does not sound all that serious to me. other side of the aisle that this was all tion. Clutching his throat, turning purple. done with Republican support, but only Mr. Speaker, it does not add up. It Um-hum?’’ And she says here, ‘‘Have 187 Republicans supported it. I should just does not add up, and it is time for you tried an inhaler?’’ She is listening not say only. I give them tremendous us to realize that we cannot go an en- on the phone. ‘‘He is dead. Then he cer- credit for being 187 to pass that budget, tire year on a game plan of saying that tainly does not need treatment, does but it took 31 Democrats to stand up the most important thing we need in he?’’ And the last picture there on the for that one, too; and not everybody this country is a tax cut and then find lower left shows the HMO bureaucrat has been happy with that budget, but out we cannot pass it because we saying ‘‘People are always trying to rip that is the history. should not pass it, and then all of a us off.’’ When we start talking about the sudden flip to a new budget that does For years now we have seen headlines budget for this year, the Blue Dogs not add up. Neither one has added up, like this one from the New York Post, have been suggesting the 50/25/25 solu- ‘‘What his parent did not know about tion all year long. Take all of Social but there is still support on this side of the aisle, and we would be surprised HMOs may have killed this baby.’’ Security off budget. Take the remain- Here is another cartoon. This is the how much bipartisan cooperation we ing surplus projected and half of it pay HMO claims department, HMO medical could get if we just acknowledged that down the debt and divide the other half reviewer with the headphone set on is the $4.6 trillion surplus that is pro- equally between spending and tax cuts. saying, ‘‘No. We do not authorize that jected is not real and should not be We have 177 votes for our budget. That specialist. No. We do not cover that op- spent as real money. is not enough. 140 Democrats support eration. No. We do not pay for that it. Only 37 Republicans support it, but f medication.’’ Then apparently the pa- I appreciate the 37 and the 140. PATIENT PROTECTION LEGISLA- tient must have said something, be- That brings us to where we are today. TION AS IT RELATES TO cause all of a sudden the medical re- It is interesting today, because, again, HEALTH MAINTENANCE ORGANI- viewer at that HMO kind of sits up and one listens to the rhetoric, I am read- ZATIONS then angrily says, ‘‘No. We do not con- ing from the Congressional Daily sider this assisted suicide.’’ The SPEAKER pro tempore (Mr. today. Senator LOTT said we know the Or how about this headline from the fiscal year 2001 surplus will be $240 bil- SCARBOROUGH). Under the Speaker’s an- New York Post, ‘‘HMO’s cruel rules lion to $250 billion. We do not know nounced policy of January 6, 1999, the leave her dying for the doc she needs.’’ what the surplus will be in 6 years. Ex- gentleman from Iowa (Mr. GANSKE) is Pretty sensational headlines. actly. That is the point some of us recognized for 60 minutes. And then we had this cartoonist’s have been trying to make. That is why Mr. GANSKE. Mr. Speaker, I thank view of the operating room, where you some of us have cast some very dif- the gentleman from Texas (Mr. STEN- have the doctor operating. You have an ficult votes regarding the death tax, re- HOLM) for yielding a little earlier this anesthesiologist at the head of the garding the marriage tax penalty. evening. Just as a form of notice to the table and then you have an HMO bean We have said let us fix those two next speaker, I will probably speak counter. The doctor says, ‘‘Scalpel.’’ problems the best we can. In the case somewhere between 20 and 30 minutes. The HMO bean counter says, ‘‘Pocket of the death tax, let us make sure that Mr. Speaker, I want to talk tonight knife.’’ The doctor says, ‘‘Suture.’’ The no estate of $4 million and less will about a topic that I have come to the HMO bean counter says, ‘‘Band-Aid.’’ ever have to deal with the confis- floor many, many times in the last sev- The doctor says, ‘‘Let us get him to the catory, sometimes downright, what I eral years to speak about, and that is intensive care.’’ The HMO bean counter would consider, almost criminal confis- on the issue of patient protection legis- says, ‘‘Call a cab.’’ cation of property of small businesses. lation as it relates to health mainte- Some of these I think have passed We can do that, and the President will nance organizations, HMOs. the realm of being even humorous, be- sign that. It does not take $105 billion, Mr. Speaker, I remember a few years cause it has just been going on too and it does not take leaving a black ago, it must be about 4 years, that my long. You notice you do not see Jay hole in 2010 for Social Security, which wife and I went to a movie called As Leno or David Letterman talking much is my primary objection to that bill Good as It Gets. We were in Des any more about HMOs. It has just gone that is no longer on the table. Moines, Iowa, at a theater and I saw on too long. People are being hurt The Concord Coalition has some good something happen that I do not think I every day by capricious rules that deny ideas. In deciding the future of discre- have ever seen at a theater. During people medically necessary care by tionary spending caps, policymakers that scene, when Helen Hunt talks to HMOs; and patients have lost their must balance four major objectives: Jack Nicholson about the type of care lives because of it. adequate funding for national prior- that her son in the movie, with asth- Here are some real-life examples. ities. We can find some bipartisan sup- ma, was getting from her HMO and she This woman was hiking in the moun- port for determining that number, and uses some rather spicy language that I tains west of Washington, D.C., in Vir- we can put some new caps into place cannot say here on the floor of the ginia. She fell off a 40-foot cliff. She that we can certainly live with for the House of Representatives, people stood fractured her skull. She broke her arm. next 5 years. They have to have some up and clapped and applauded in that She had a broken pelvis. She is laying political reality. We cannot come on movie theater. I do not think I have there at the bottom of this 40-foot cliff. the one hand and spend all of it on a ever seen that before. Fortunately, her boyfriend had a cel- tax cut before we get into the priority b lular phone. So they flew in a heli- spending and we have to get honesty in 1900 copter. They strapped her on, flew her budgeting. I think the Concord Coali- Mr. Speaker, that was an indication 4 to the emergency room. She was in the tion is on to something, as they usu- years ago that there was a problem ICU, there for weeks on intravenous ally are, because they are bipartisan in with the type of care that HMOs were morphine for the pain. nature. They avoid the partisan rhet- delivering. Then, Mr. Speaker, we And then a funny thing happened, oric that often flows around this body, began to see the problems that patients when she finally got out of the hos- particularly in those years divisible by were having with HMOs captured in po- pital, she found out that her HMO re- two. litical cartoons. Things like cartoons fused to pay the bill. Why, you ask. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7573 Well, the HMO said that she did not They knew Jimmy was sick. They failure of Congress to amend a statute phone ahead for prior authorization. were not medical professionals. They that, due to the changing realities of Now, I ask you something, this lady’s did not stop because they knew if they the modern health care system, has name is Jackie, how was Jackie sup- did it without authorization, they gone conspicuously awry from its origi- posed to know that she was going to would be left with a bill. Unfortu- nal intent. fall off that cliff, then maybe when she nately, before they got to the author- I have had Federal judges tell me, is lying at the bottom of that cliff ized hospital, Jimmy had a cardiac ar- beg me to change that Federal law; semicomatose she is supposed to have rest. Imagine you holding little Jimmy number one, they think that these the presence of mind with her non- trying to keep him alive while you are types of medical malpractice decisions broken arm to reach into her coat trying to find that distant emergency should be handled in the State courts, pocket and pull out a cellular phone room. Finally, when they pull in to the like they are for anyone else. Number and dial an 1–800 HMO number and say hospital emergency room, mom throws two, they realized that because of pro- I just fell off a 40-foot cliff, I need to go open the door, leaps out, screaming, visions in that law, they cannot even to an emergency room, is that okay? help my baby, help my baby, a nurse address the issue of the health plan de- Maybe when she is in the ICU for a comes running out, resuscitated fining medical necessity in any way week on intravenous morphine, she is Jimmy. they want to. supposed to have the presence of mind They put in lines. They give him What does that mean? Well, under to phone the HMO? Real life story. medicines. They get him going. They the ERISA law, a health plan can write How about this woman in the center? save his life. Unfortunately, because of a contract for the employees that basi- This woman’s case was profiled on a that delay in medically necessary cally says we are not liable for any- cover story on Time magazine 2 years treatment, they cannot save all of thing if we follow our own definition of ago, maybe it was 3 years ago now. Her Jimmy because gangrene sets in in his what we consider to be medically nec- HMO denied her medically necessary hands and his feet, and little Jimmy’s essary. So they can write a provision in care, and she died. Now, her little boy hands and his legs have to be ampu- the contract for an employee, for you, and her little girl do not have a mother tated. That HMO made a medical deci- that would basically say we define and her husband does not have a wife. sion, instead of saying it sounds like he medical necessity as the cheapest, Before coming to Congress, I was a is sick, take him to the nearest emer- least expensive care, quote, unquote, as reconstructive surgeon. I took care of gency room, it is okay with us, we will determined by us. babies that were born with this type of pay for it. They said, no, no, we only That means that for this little boy birth defect, a cleft lip and a cleft pal- authorize you going to that far away who was born with a cleft lip and pal- ate. Do you know that more than 50 hospital. ate, instead of the traditional and opti- percent of the surgeons who repair Mr. Speaker, little Jimmy is going to mal treatment of surgical correction these types of birth defects have had live all the rest of his life with bilat- utilizing the baby’s own tissues to re- HMOs deny operations for repairs re- eral hooks for hands, with protheses build the defect, that HMO could say lated to this defect, because HMOs for legs. He is about 7 years old now. In well, under our definition of the cheap- have said that that is a ‘‘cosmetic de- fact, I brought him to the floor of this est least expensive care, you know, just fect’’? House of Representatives during our in the roof of his mouth, that big hole Just imagine that you were the par- debate on patient protection legisla- there, just put like an upper denture ents of a baby born with this defect, tion almost a year ago, and he is a plate. number one, the baby is not going to great kid. He is doing good. He has got b 1915 learn how to speak normally, because good folks, but I will tell you what, he there is a hole in the roof of the mouth. is never going to play basketball, and It is called an obturator, made of Food is going to come out of the nose. he is never going to touch with his plastic. Of course, a baby like this, it Is that a cosmetic problem? Is speech a hand the cheek of the woman that he might fall out, it might even be swal- cosmetic problem? Not that I ever loves, and that HMO should be respon- lowed. So what? We can do that, be- heard of. I happen to think it is a sible for that decision. cause we defined it, medically nec- human right. It is a devine right to Unfortunately, there is a Federal essary care, as the cheapest, least ex- look human, and I think it is just abso- law, a 25-year-old Federal law called pensive care. I think that is wrong. lutely wrong for HMOs to do what they the Employee Retirement Income Se- That is why judges are saying, they are do to kids who are born with birth de- curity Act. It was really written to be begging Congress, please, please, fects, many times worse than this. a pension law, but it was applied to change that law. Our hands are tied. Let me tell you about this little baby health plans. And what it did was it Well, here we are, as I said before, al- boy. His name is James. When he was 6 took away oversight of health insur- most a year since we passed in this months old, about 3:00 in the morning, ance from the States for people who House a bipartisan vote, 275 to 151, the his mother found that he was really get their insurance through their em- Norwood-Dingell-Ganske Bipartisan sick, and he had a temperature of ployer, and it did not institute any of Consensus Managed Care Reform Act, a about 105. She asked her husband what the safeguards for quality control to real patient protection act. It has been they should do, and they said well, we prevent the types of problems like lit- almost a year. And I will tell you what, better phone that HMO that we belong tle Jimmy had, that your State insur- the public’s opinion has not changed to. They phoned the 1–800 number ance commissioners normally do. It one bit about HMOs. talked to a member a thousand miles left a vacuum. Today in USA Today they quote from away, explained how sick their baby Furthermore, it said that the only li- a Gallop organization poll a list of oc- was, and that voice at the end of the ability that that health plan would cupations or organizations that people line, who never examined this baby to have would be the cost of treatment de- say they have a great deal of or quite see how sick he was, said, well, I will nied, the cost of treatment denied. a lot of confidence in those institu- authorize you to go to an emergency That means that if little Jimmy is in tions. At the top of the list is the mili- room, but we only have a contract with an employer-sponsored health plan, a tary; 64 percent of the public have a one, so we are only going to let you go self-insured plan, the only thing that great deal of confidence in the mili- to that one, that is it. that health plan is liable for is the tary. Organized religion, 5 percent of Well, mom and dad are not medical costs of his amputations. What about the public; the police, 54 percent; the professionals, so they hop in the car. all the rest of his life? Is that fair? Is Supreme Court, 47 percent. Unfortunately, that authorized hos- that just? I do not think so. Neither Then we get down toward the bottom pital was more than 60 miles away, 60 does the Federal judicial, neither do of the institutions. Congress is down miles away, clear on the other side of the Federal judges whose hands are here at 24 percent. The criminal justice metropolitan Atlanta, Georgia. En tied, because of this law called ERISA. system, 24 percent. This probably re- route mom and dad passed three emer- Judge Gorton in Turner v. Fallon flects all of the news stories on the gency rooms that they could have Community Health Plan said even death penalty lately. But right at the stopped at. more disturbing to this court is the very bottom of this, of institutions H7574 CONGRESSIONAL RECORD — HOUSE September 13, 2000 that the public respects, only 16 per- includes many of the protections near- lican Senators who have voted against cent of the public thinks HMOs are de- ly all parties need to be addressed, in- the original Norwood-Dingell bill to serving of respect, only 16 percent. cluding the right to choose your own vote for a real patient protection bill. In fact, overwhelmingly, the public doctor, protections against gag clauses, Will they take up this opportunity? thinks that Congress should pass and access to specialists, such as pediatri- Stay tuned. But time is running out. the President should sign a real patient cians and obstetricians and gyne- People are waiting to see whether this protection law, one that would do cologists, access to emergency care, so Congress will actually deal with one of many things: one that would cover all we can prevent something from hap- the major health concerns that the Americans; one that would allow doc- pening like happened to poor little public has. Eighty-five percent-plus of tors to make medical decisions; one Jimmy, and access to information the public thinks Congress should pass that would hold those HMOs account- about the HMO’s plan. patient protection legislation to pro- able for their decisions; one that would This discussion draft applies the pa- tect them from HMO abuses, 85 per- guarantee minimum health plan stand- tient protections to all plans, including cent. About 75 percent think that that ards; one that would allow you to ap- ERISA plans, non-Federal Govern- should include legal responsibility for peal a decision to an independent re- mental plans, and those covering indi- the HMOs. view panel if an HMO denies your care; viduals. So we cover over 190 million If this bill, this discussion draft, is and one that would have that inde- Americans. This new draft addresses ignored, then I am sure we are going to pendent panel make that determina- the concerns of those who want to pro- see this as one of the major issues in tion of medical necessity, not some tect States’ rights by allowing States the coming election, and we should, bogus definition by the health plan. to demonstrate that their insurance and we should. We have been working These are all things that were in our laws are at least substantially equiva- on this legislation now, the gentleman bill, the Norwood-Dingell-Ganske bill, lent to the new Federal standards, from Georgia (Mr. NORWOOD), the gen- that we passed. thereby leaving the State law in effect. tleman from Michigan (Mr. DINGELL), Well, the Senate passed a bill too; State officials could enforce the pa- SENATOR KENNEDY and others, for and, unfortunately, to be honest, I tient protections of State law. The Sec- about 4 years. would have to characterize that Sen- retary of Labor and Health and Human When I am back home in the district ate-passed bill as an HMO protection Services can approve the State plan or people say, Why is it taking you so bill, an HMO protection bill, because it challenge it on grounds that it is inad- long to get something passed that the actually, in my opinion, had provisions equate. public overwhelmingly wants? I tell that were worse than the current situa- Under the new draft, doctors will them we are fighting a very, very pow- tion, that gave additional protections make medical decisions involving med- erful industry that has spent $100 mil- to health maintenance organizations, ical necessity. When a plan denies cov- lion lobbying against this piece of leg- rather than additional protections to erage, the patient has the ability to islation, some very, very powerful patients. pursue an independent review of the de- Washington special interests, who are After the House passed its bill and cision from a panel independent of the seeking to, in my opinion, make sure the Senate passed its bill, it went to HMO. This external review is composed that their bottom line profits come conference to iron out differences be- of medical professionals totally inde- ahead of patient protections. tween the bills, and that conference pendent of the plan and whose final Well, we will see whether we get this has not met in months. It is a failed medical necessity decision is legally done. There are not too many more conference, nothing has come out of it, binding on the plan. weeks when I will be able to come to so it is time to move; it is time to try We took the lead from the Nation’s the floor and speak about this issue, something different. courts with particular attention given but as long as we are in session for the In an effort to get patient protection to the Supreme Court’s decision in rest of this year, I will try to get an op- legislation signed into law, the gen- Pegram v. Hedrick. The new draft re- portunity to inform my colleagues on tleman from Georgia (Mr. NORWOOD), flects emerging judicial consensus. Re- where we stand. But I wanted my col- the gentleman from Michigan (Mr. DIN- cent court decisions have suggested in- leagues on both sides of the aisle to GELL), myself, and Senator KENNEDY jured patients can hold health plans ac- know that the Republicans and the have created a new discussion draft of countable in State court in disputes Democrats who truly want a real pa- the House-passed bill, the Norwood- over the quality of medical care, those tient protection piece of legislation are Dingell-Ganske bill, that seeks com- involving medical necessity decisions. working together. promise with Senator NICKLES’ amend- However, patients would have to hold We have never said, along with the ment; and some of the ideas of the health plans accountable in Federal 300-plus consumer groups and profes- House substitute bills from last year court if they wanted to challenge an sional groups that think that this leg- that did not pass. administrative decision to deny bene- islation should pass too, we have never We continue to think the original fits or coverage or for any decision not said it has to be the Norwood-Dingell- Norwood-Dingell-Ganske bill is just involving medical necessity. Ganske bill word for word. That is why fine and should be signed into law, but In addition to specific legislative pro- we have come up with this discussion we are willing to be flexible in order to visions, the discussion draft, this dis- draft. That is why the language for get a law, in order to get action in the cussion draft, answers continuing ques- many of these provisions is taken from Senate. We and the American Medical tions about the original Norwood-Din- the Nickles amendment, the Coburn- Association and over 300 health care gell-Ganske bill. For instance, the Shadegg amendment and others, at groups who supported last year’s draft says employers may not be held least half of the language. We have House-passed bill have developed this liable unless they ‘‘directly partici- made some adjustments to correct discussion draft to see if it would help pate’’ in a decision to deny benefits as some of the defects as we see it in some bring some Republican Senators on a result of which a patient was injured of those provisions, but we have been board. or killed. Even then defendants could willing to work towards a compromise We have had positive responses from not be required to pay punitive dam- to finally get this signed into law. We a number of Republican Senators, in- ages unless they showed ‘‘willful or are this close. It would be a shame for cluding those who have previously wanton disregard for the rights or safe- the leadership of Congress to hold this voted against the Norwood-Dingell bill, ty’’ of patients. important piece of legislation up. as well as those who have voted for the Another concern about the Norwood- As a physician who has taken care of Norwood-Dingell bill. We remain opti- Dingell-Ganske bill was whether it patients who have had a lot of troubles mistic that we may soon have an op- would affect the ability of health plans with HMOs, I have been on the front portunity to break this logjam. to maintain uniformity in different line; and I have seen that we truly need This discussion draft, which we have States. This new draft only subjects this type of legislation. provided to the Speaker of the House plans to State law when they make This is not a piece of legislation for along with the actual legislative lan- medical decisions that result in harm. physicians. In fact, there are provisions guage in detail, does many things. It This discussion draft will allow Repub- in our bill that could actually decrease September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7575 physician income. Nevertheless, the Mr. Speaker, I have here a Report to think we ought to be very careful and professional groups support this. Why? Congressional Requesters from the judicious about providing more money Because their first and foremost job is United States General Accounting Of- to those Medicare HMOs. We ought to to stand up for and to advocate for fice on Medicare Plus Choice. It is En- be looking, in my opinion, at ways to their patients. That is why they take titled Payments Exceed Cost of Fee- provide pharmaceutical coverage, a that Hippocratic Oath. for-Service Benefits, Adding Billions to prescription drug benefit for Medicare b 1930 Spending, and it is dated August 2000, beneficiaries, regardless of whether and it was requested by Senator GRASS- they live in New York or Los Angeles The patient-doctor relationship is LEY, by Senator ROTH, by the gen- or Miami or Harlan, Iowa. That benefit foremost. HMOs have interposed them- tleman from Michigan (Mr. DINGELL), I think should be equally available, re- selves between the doctor and the pa- and by the gentleman from California gardless of where one lives in this tient. Quite frankly, they have put a fi- (Mr. THOMAS). I think it is really im- country. If we dump additional billions nancial consideration rather than the portant for me to read the summary, into a failed HMO program called Medi- patient’s best care into that decision- the results, in brief: care Plus Choice, then I think we will making. Mr. Speaker, we need to swing ‘‘Medicare Plus Choice,’’ this is a be throwing money down the drain. that pendulum back. quote from this GAO report: Now, this brings me, finally, and I So clearly, this will be a package of Like its predecessor managed care pro- just would like my colleagues from the provisions, and I absolutely feel that it gram, has not been successful in achieving is important to support provisions for other side to know that I only have a Medicare savings. Medicare Plus Choice few more minutes in which to speak; additional coverage for our rural hos- plans attracted a disproportionate selection pitals, for example, but I will also do this brings me to another health care of healthier and less expensive beneficiaries issue, and that is that when we passed relative to traditional fee-for-service Medi- my best to try to make sure that we do the Balanced Budget Act in 1997, we care, a phenomenon known as favorable se- not go overboard with providing addi- passed several provisions on reducing lection, while payment rates largely con- tional funds to Medicare HMOs, when the rate of growth in Medicare. The im- tinue to reflect the expected fee-for-service this report from the GAO shows that plementation of those provisions has costs of beneficiaries in average health. Con- even with the implementation of a new sequently, in 1998, we estimated that the pro- risk adjuster, we will still only take actually produced significantly more gram spent about $3.2 billion or 13.2 percent savings than we planned on, and those care of 50 percent of the excess pay- more on health plan enrollees than if they ments. savings have had a significantly harm- had received services through traditional ful effect on some of the provider fee-for-service Medicare. This year, the Well, Mr. Speaker, I very much ap- groups. Health Care Financing Administration im- preciate the opportunity to speak to- Mr. Speaker, I just finished a series plemented a new methodology to adjust pay- night on health care issues, and I look of town hall meetings around my dis- ments for beneficiary health status. How- forward to working with my leadership trict. I represent Des Moines, which is ever, our results suggest that this new meth- and with members on both sides of the a major metropolitan suburban area, odology, which will be phased in over several aisle to try to get adjustments made years, may ultimately remove less than half but I also represent southwest rural for Medicare for our rural hospitals and of the excess payments caused by favorable to get finally signed into law a real pa- Iowa. There are a lot of small town selection. In addition, the combination of county hospitals in my district. Be- spending forecast errors built into the plan tient protection bill modeled along the cause of certain provisions from the payment rates and the Balanced Budget Act lines of what we passed here in the Balanced Budget Act with reduced pay- payment provisions cost an additional $2 bil- House almost a year ago, the Norwood- ments to those hospitals, those hos- lion, or 8 percent in excess payments to Dingell-Ganske bipartisan consensus pitals are having a real hard time and plans instead of paying less for health plan Managed Care Reform Act. are right on the verge of financial in- enrollees. We estimate that aggregate pay- f solvency. ments to Medicare Plus Choice plans in 1998 I grew up in a small town in north- were about $5.2 billion, or approximately LEAVE OF ABSENCE $1,000 per enrollees more than if the plan’s By unanimous consent, leave of ab- east Iowa. I know how important it is enrollees had received care in the traditional that a small town have a hospital. It is fee-for-service program. It is largely these sence was granted to: important for a number of reasons. It excess payments, and not managed care effi- Mr. GILCHREST (at the request of Mr. is important for the people who live in ciencies, that enable plans to attract bene- ARMEY) for today on account of family that town or the farm families around ficiaries by offering a benefit package that is matters. it so that they do not have to travel 70 more comprehensive than the one available f or 80 miles if they have a heart attack to fee-for-service beneficiaries while charg- SPECIAL ORDERS GRANTED or if they want to deliver a baby, but it ing modest or no premiums. is also very important to the financial Mr. Speaker, this brings us directly By unanimous consent, permission to survival of that small town. If we do to the issue of prescription drug cov- address the House, following the legis- not have a hospital in that small town, erage. Because what this is saying is lative program and any special orders it is hard to keep doctors in the town. that number one, the Medicare HMOs heretofore entered, was granted to: If we do not have a hospital and doc- have been skimming off the healthier (The following Members (at the re- tors in that town, it is hard to keep beneficiaries so that they would have quest of Mr. MCNULTY) to revise and businesses in that town, and it is al- lower costs. That way they make more extend their remarks and include ex- most impossible to convince any other money on covering those. They are get- traneous material:) business development in that commu- ting paid more for those Medicare Mr. HOLT, for 5 minutes, today. nity. So we are talking about not only beneficiaries than if those beneficiaries Ms. NORTON, for 5 minutes, today. an issue of public health, but we are were simply in the regular Medicare Mr. BROWN of Ohio, for 5 minutes, also talking about an issue of economic plan. With those excess profits, what today. survival. they do is they can entice other Mr. INSLEE, for 5 minutes, today. My committee, the Committee on healthier seniors into it by offering a Mr. PASCRELL, for 5 minutes, today. Commerce, is in the process, along prescription drug benefit. I think as we Mr. PALLONE, for 5 minutes, today. with the Committee on Ways and consider whether and how Congress Ms. KAPTUR, for 5 minutes, today. Means, of drawing up a bill to bring should implement a prescription drug Mr. GREEN of Texas, for 5 minutes, some additional funds back into Medi- benefit, we need to take into account today. care. I am working hard to ensure that this GAO report that documents that Mr. FARR of California, for 5 minutes, we get some additional funding for we have actually lost money with our today. those small towns and rural hospitals Medicare HMOs, rather than saved (The following Members (at the re- in Iowa and in other areas around the money with our Medicare HMOs. quest of Mr. DUNCAN) to revise and ex- country. There will be discussion on So when we look at this Medicare tend their remarks and include extra- whether we should provide additional give-back bill that is coming along and neous material:) payments to Medicare HMOs. I think will be signed into law, passed and Mr. MCCOLLUM, for 5 minutes, today we need to be careful on doing that. signed into law, I am pretty sure, I and September 19 and 20. H7576 CONGRESSIONAL RECORD — HOUSE September 13, 2000 Mr. DUNCAN, for 5 minutes, today. 9993. A letter from the Director, Regula- ment Area [Docket No. 000211040–0040–01; I.D. Mr. BILBRAY, for 5 minutes, today. tions Policy and Management Staff, FDA, 082500A] received September 1, 2000, pursuant Department of Health and Human Services, to 5 U.S.C. 801(a)(1)(A); to the Committee on f transmitting the Department’s final rule— Resources. SENATE ENROLLED BILLS SIGNED Indirect Food Additives: Polymers [Docket 10003. A letter from the Acting Director, No. 98F–0484] received September 1, 2000, pur- Office of Sustainable Fisheries, National The SPEAKER announced his signa- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Oceanic Atmospheric Administration, trans- ture to enrolled bills of the Senate of mittee on Commerce. mitting the Administration’s final rule— the following titles: 9994. A letter from the Director, Regula- Fisheries of the Exclusive Economic Zone tions Policy and Management Staff, FDA, S. 1027. An act to reauthorize the partici- Off Alaska; Pollock in Statistical Area 630 of Department of Health and Human Services, pation of the Bureau of Reclamation in the the Gulf of Alaska [Docket No. 000211039– transmitting the Department’s final rule— Deschutes Resources Conservancy, and for 0039–01; I.D. 082900A] received September 7, Amendment of Various Device Regulations other purposes. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the to Reflect Current American Society for S. 1117. An act to establish the Corinth Committee on Resources. Testing and Materials Citations, Confirma- Unit of Shiloh National Military Park, in 10004. A letter from the Acting Director, tion In Part and Technical Amendment; Cor- the vicinity of the city of Corinth, Mis- Office of Sustainable Fisheries, National rection [Docket No. 99N–4955] received Sep- sissippi, and in the State of Tennessee, and Oceanic Atmospheric Administration, Na- tember 1, 2000, pursuant to 5 U.S.C. for other purposes. tional Marine Fisheries Service, transmit- 801(a)(1)(A); to the Committee on Commerce. S. 1937. An act to amend the Pacific North- ting the Administration’s final rule—Fish- 9995. A letter from the Deputy Associate eries of the Northeastern United States; At- west Electric Power Planning and Conserva- Administration, Environmental Protection tion Act to provide for sales of electricity by lantic MACKerel, Squid, and Butterfish Fish- Agency, transmitting the Agency’s final eries; Closure of Fishery for Loligo Squid— the Bonneville Power Administration to rule—National Emission Standards for Halo- joint operating entities. received September 7, 2000, pursuant to 5 genated Solvent Cleaning received Sep- U.S.C. 801(a)(1)(A); to the Committee on Re- f tember 1, 2000, pursuant to 5 U.S.C. sources. 801(a)(1)(A); to the Committee on Commerce. ADJOURNMENT 10005. A letter from the Program Analyst, 9996. A letter from the Director Regula- FAA, Department of Transportation, trans- Mr. GANSKE. Mr. Speaker, I move tions Policy and Management Staff, Federal mitting the Department’s final rule—Air- that the House do now adjourn. Drug Administration, transmitting the worthiness Directives; Boeing Model 777–200 Agency’s final rule—Topical Antifungal Drug The motion was agreed to; accord- Series Airplanes [Docket No. 97–NM–260–AD; Products for Over-the-Counter Human Use; Amendment 39–11873; AD 2000–16–16] (RIN: ingly (at 7 o’clock and 40 minutes Amendment of Final Monograph [Docket No. p.m.), under its previous order, the 2120–AA64) received August 31, 2000, pursuant 99N–1819] (RIN: 0910–AA01) received Sep- to 5 U.S.C. 801(a)(1)(A); to the Committee on House adjourned until tomorrow, Sep- tember 1, 2000, pursuant to 5 U.S.C. Transportation and Infrastructure. tember 14, 2000, at 9 a.m. 801(a)(1)(A); to the Committee on Commerce. 10006. A letter from the Program Analyst, 9997. A letter from the Assistant Secretary FAA, Department of Transportation, trans- f for Legislative Affairs, Department of State, mitting the Department’s final rule—Air- transmitting the Department’s report pursu- EXECUTIVE COMMUNICATIONS, worthiness Directives; McDonnell Douglas ant to title VIII of Publc Law 101–246, the Model DC–10–10, -15, -30, -30F, (KC–10A Mili- ETC. Foreign Relations Authorization Act, as tary), and -40 Series Airplanes; and Model amended; to the Committee on International Under clause 8 of rule XII, executive MD–10–10F and MD–10–30F Series Airplanes Relations. communications were taken from the [Docket No. 2000–NM–50–AD; Amendment 39– Speaker’s table and referred as follows: 9998. A letter from the Chair and Ranking Member, OSCE Congressional Delegation, 11866; AD 2000–16–10] (RIN: 2120–AA64) re- 9988. A letter from the Administrator, transmitting a report on the Bucharest Dec- ceived August 31, 2000, pursuant to 5 U.S.C. Food and Nutrition Service, Department of laration of the Organization for Security and 801(a)(1)(A); to the Committee on Transpor- Agriculture, transmitting the Department’s Cooperation in Europe Parliamentary As- tation and Infrastructure. final rule—Food Stamp Program: Electronic sembly; to the Committee on International 10007. A letter from the Program Analyst, Benefit Transfer (EBT) Systems Interoper- Relations. FAA, Department of Transportation, trans- ability and Portability (RIN:0584–AC91) re- 9999. A letter from the Acting Director, Of- mitting the Department’s final rule—Air- ceived September 7, 2000, pursuant to 5 fice of Sustainable Fisheries, Department of worthiness Directives; Airbus Model A330 U.S.C. 801(a)(1)(A); to the Committee on Ag- Commerce, transmitting the Department’s and A340 Series Airplanes [Docket No. 2000– riculture. final rule—Fisheries of the Exclusive Eco- NM–62–AD; Amendment 39–11867; AD 2000–16– 9989. A letter from the Congressional Re- nomic Zone Off Alaska; Pollock in Statis- 11] (RIN: 2120–AA64) received August 31, 2000, view Coordinator, Animal and Plant Health tical Area 630 of the Gulf Alaska [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Inspection Service, Department of Agri- 000211039–0039–01; I.D. 082900A] received Sep- mittee on Transportation and Infrastruc- culture, transmitting the Department’s final tember 7, 2000, pursuant to 5 U.S.C. ture. rule—Pink Bollworm Regulated Areas 801(a)(1)(A); to the Committee on Resources. 10008. A letter from the Program Analyst, [Docket No. 00–009–2] received September 10000. A letter from the Acting Director, FAA, Department of Transportation, trans- 1,2000, pursuant to 5 U.S.C. 801(a)(1)(A); to Office of Sustainable Fisheries, Department mitting the Department’s final rule—Air- the Committee on Agriculture. of Commerce, transmitting the Department’s worthiness Directives; British Aerospace 9990. A letter from the Secretary, Depart- final rule—Fisheries of the Exclusive Eco- HP137 Mkl, Jetstream Series 200, and Jet- ment of Defense, transmitting a report on nomic Zone Off Alaska; Other Red Rockfish stream Models 3101 and 3201 Airplanes [Dock- the approved retirement and advancement in the Bering Sea Subarea of the Bering Sea et No. 98–CE–117–AD; Amendment 39–11870; grade of Admiral Donald L. Pilling, United and Aleutian Islands Management Area AD 2000–16–13] (RIN: 2120–AA64) received Au- States Navy; to the Committee on Armed [Docket No. 000211040–0040–01; I.D. 082800B] gust 31, 2000, pursuant to 5 U.S.C. Services. received September 7, 2000, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- 9991. A letter from the Director, Regula- U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. tions Policy and Management Staff, FDA, sources. 10009. A letter from the Program Analyst, Department of Health and Human Services, 10001. A letter from the Acting Assistant FAA, Department of Transportation, trans- transmitting the Department’s final rule— Secretary, U.S. Fish and Wildlife Service, mitting the Department’s final rule—Air- Biological Products Regulated Under Sec- Department of Interior, transmitting the De- worthiness Directives; Wytornia Sprzetu tion 351 of the Public Health Service Act; partment’s final rule—Migratory Bird Hunt- Model PZL–104 Wilga 80 Airplanes [Docket Implementation of Biologics License; Elimi- ing; Migratory Bird Hunting Regulations on No. 2000–CE–52–AD; Amendment 39–118969; nation of Establishment License and Product Certain Federal Indian Reservations and AD 2000–16–51] (RIN: 2120–AA64) received Au- License; Technical Amendment [Docket No. Ceded Lands for the 2000–01 Early Season gust 31, 2000, pursuant to 5 U.S.C. 98N–0144] received September 1, 2000, pursu- (RIN 1018–AG08) received August 31, 2000, 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. on Commerce. mittee on Resources. 10010. A letter from the Program Analyst, 9992. A letter from the Director, Regula- 10002. A letter from the Acting Director, FAA, Department of Transportation, trans- tions Policy and Management Staff, FDA, Office of Sustainable Fisheries, National mitting the Department’s final rule—Air- Department of Health and Human Services, Oceanic and Atmospheric Administration, worthiness Directives; Boeing Model 767–200, transmitting the Department’s final rule— transmitting the Administration’s final -300, and -300F Series Airplanes [Docket No. Indirect Food Additives: Adjuvants, Produc- rule—Fisheries of the Exclusive Economic 99–NM–54–AD; Amendment 39–11871; AD 2000– tion Aids, and Sanitizers [Docket No. 99F– Zone Off Alaska; Species in the Rock sole / 16–14] (RIN: 2120–AA64) received August 31, 0127] received September 1, 2000, pursuant to Flathead sole / ‘‘Other flatfish’’ Fishery Cat- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5 U.S.C. 801(a)(1)(A); to the Committee on egory by Vessels Using Trawl Gear in the Committee on Transportation and Infra- Commerce. Bering Sea and Aleutian Islands Manage- structure. September 13, 2000 CONGRESSIONAL RECORD — HOUSE H7577 10011. A letter from the Program Analyst, sions relating to foreign sales corporations connection for certain presumptive disabil- FAA, Department of Transportation, trans- (FSCs) and to exclude extraterritorial in- ities of Persian Gulf War veterans partici- mitting the Department’s final rule—Air- come from gross income; with an amendment pating in Department of Veterans Affairs worthiness Directives; Bombardier Model (Rept. 106–845). Referred to the Committee of health study; to the Committee on Veterans’ DHC–7–100, and DHC–8–100, -200, and -300 Se- the Whole House on the State of the Union. Affairs. ries Airplanes [Docket No. 2000–NM–90–AD; f By Mr. FROST: Amendment 39–11857; AD 2000–16–03] (RIN: H.R. 5168. A bill to amend the Public 2120–AA64) received August 31, 2000, pursuant PUBLIC BILLS AND RESOLUTIONS Health Service Act with respect to the com- to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public pensation rules under the National Vaccine Transportation and Infrastructure. bills and resolutions of the following Injury Compensation Program for vaccines 10012. A letter from the Program Analyst, administered before the effective date of titles were introduced and severally re- such program; to the Committee on Com- FAA, Department of Transportation, trans- ferred, as follows: mitting the Department’s final rule—Air- merce. worthiness Directives; Saab Model SAAB By Mr. MCGOVERN (for himself, Mr. By Mr. LAHOOD (for himself and Mr. 340B Series Airplanes [Docket No. 2000–NM– PETERSON of Pennsylvania, Mr. HILL- GOODLATTE): 225–AD; Amendment 39–11872; AD 2000–16–15] IARD, Mr. WATKINS, Mr. JEFFERSON, H.R. 5169. A bill to reenact the United (RIN: 2120–AA64) received August 31, 2000, Mr. ENGLISH, Mr. MCINTOSH, Mrs. States Warehouse Act to require the licens- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- THURMAN, Mr. HILLEARY, Mr. ing and inspection of warehouses and other mittee on Transportation and Infrastruc- WEYGAND, Mr. SANDERS, Mr. COOK, structures used to store agricultural prod- ture. Mr. RAHALL, Mr. TIERNEY, Mr. MOAK- ucts, to provide for the issuance of receipts, 10013. A letter from the Program Analyst, LEY, Mr. WAMP, Mr. POMEROY, Mr. including electronic receipts, for agricul- FAA, Department of Transportation, trans- CONYERS, Mr. GOODE, Mr. DICKEY, Mr. tural products stored or handled in licensed mitting the Department’s final rule—Air- DOYLE, Mr. FRANK of Massachusetts, warehouses, and for other purposes; to the worthiness Directives; Airbus Industrie Mr. NEY, Ms. MILLENDER-MCDONALD, Committee on Agriculture. Model A300 B2 and B4 Series Airplanes Mr. ROMERO-BARCELO, Mr. FROST, Mr. By Ms. MILLENDER-MCDONALD: H.R. 5170. A bill to amend the Internal Rev- [Docket No. 97–NM–184–AD; Amendment 39– KIND, Mr. BALDACCI, Mr. OLVER, Mr. enue Code of 1986 to reduce the marriage pen- 11862; AD 2000–16–07] (RIN: 2120–AA64) re- MURTHA, Mr. GOODLING, and Mr. alty by providing for adjustments to the ceived August 31, 2000, pursuant to 5 U.S.C. ALLEN): standard deduction and the earned income 801(a)(1)(A); to the Committee on Transpor- H.R. 5163. A bill to amend title XVIII of the Social Security Act with respect to pay- credit and to repeal the reduction of the re- tation and Infrastructure. ments made under the prospective payment fundable tax credits; to the Committee on 10014. A letter from the Program Analyst, system for home health services furnished Ways and Means. FAA, Department of Transportation, trans- under the Medicare Program; referred to the By Mr. POMEROY: mitting the Department’s final rule—Air- Committee on Ways and Means, and in addi- H.R. 5171. A bill to amend the Internal Rev- worthiness Directives; Boeing Model 737–100. tion to the Committee on Commerce, for a enue Code of 1986 to permit a husband and -200, and -200C Series Airplanes [Docket No. period to be subsequently determined by the wife to file a combined return to which sepa- 2000–NM–183–AD; Amendment 39–11844; AD Speaker, in each case for consideration of rate tax rates apply; to the Committee on 2000–15–12] (RIN: 2120–AA64) received August such provisions as fall within the jurisdic- Ways and Means. 31, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to tion of the committee concerned. By Mr. SHAW (for himself and Mr. the Committee on Transportation and Infra- By Mr. UPTON (for himself, Mr. TAU- KLECZKA): structure. ZIN, Mr. MARKEY, Mrs. WILSON, Mr. H.R. 5172. A bill to amend title XVIII of the 10015. A letter from the Duputy Associate BOUCHER, Mr. WHITFIELD, Mr. GREEN Social Security Act to ensure access to dig- Administrator, Environmental Protection of Texas, Mr. ROGAN, Mr. WAXMAN, ital mammography through adequate pay- Agency, transmitting the Agency’s final Mr. BILBRAY, Mr. FOSSELLA, Mr. GOR- ment under the Medicare system; referred to rule—Request for Statement of Qualifica- DON, Ms. DEGETTE, Mr. LUTHER, Ms. the Committee on Commerce, and in addi- tions (RFQ) for Administrative, Technical ESHOO, and Ms. MCCARTHY of Mis- tion to the Committee on Ways and Means, and Scientific Support to the Chesapeake souri): for a period to be subsequently determined Bay Program; Fiscal Years 2001–2006—re- H.R. 5164. A bill to amend title 49, United by the Speaker, in each case for consider- ceived September 1, 2000, pursuant to 5 States Code, to require reports concerning ation of such provisions as fall within the ju- U.S.C. 801(a)(1)(A); to the Committee on defects in motor vehicles or tires or other risdiction of the committee concerned. Transportation and Infrastructure. motor vehicle equipment in foreign coun- By Mr. FORBES (for himself, Ms. ROS- 10016. A letter from the Associate Adminis- tries, and for other purposes; to the Com- LEHTINEN, Mr. DEUTSCH, Mr. LANTOS, trator for Procurement, National Aero- mittee on Commerce. Mr. HASTINGS of Florida, Mr. nautics and Space Administration, transmit- By Mr. BLUMENAUER (for himself, PALLONE, Mr. SANDERS, Mr. BONIOR, ting the Administration’s final rule—Prop- Mrs. CHRISTENSEN, Ms. DELAURO, Mr. Mr. FRANK of Massachusetts, Mr. erty Reporting Requirements—received Sep- FARR of California, Mr. KUCINICH, Mr. MCGOVERN, Mr. FROST, and Mr. tember 7, 2000, pursuant to 5 U.S.C. MCGOVERN, Mr. PALLONE, Mrs. JONES MCNULTY): 801(a)(1)(A); to the Committee on Science. of Ohio, Mr. WEYGAND, and Mr. H. Con. Res. 398. A concurrent resolution 10017. A letter from the Associate Adminis- HOEFFEL): expressing the sense of the Congress that a trator for Procurement, National Aero- H.R. 5165. A bill to assist States with land postage stamp should be issued to honor the nautics and Space Administration, transmit- use planning in order to promote improved Jewish War Veterans of the United States of ting the Administration’s final rule—Insur- quality of life, regionalism, sustainable eco- America; to the Committee on Government ance—Partial or Total Immunity from Tort nomic development, and environmental Reform. Liability for State Agencies and Charitable stewardship, and for other purposes; to the By Mr. GOODLING (for himself, Mr. Committee on Resources, and in addition to Institutions—received September 7, 2000, MCKEON, Mr. CASTLE, Mrs. ROUKEMA, the Committees on Banking and Financial pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. BALLENGER, Mr. GREENWOOD, Mr. Services, and Agriculture, for a period to be mittee on Science. MCINTOSH, Mr. NORWOOD, Mr. subsequently determined by the Speaker, in 10018. A letter from the Chief, Regulations ISAKSON, Mr. GEORGE MILLER of Cali- each case for consideration of such provi- Unit, Internal Revenue Service, transmitting fornia, Mr. KILDEE, Mrs. MINK of Ha- sions as fall within the jurisdiction of the the Service’s final rule—Definition of a waii, Mr. SCOTT, Ms. PRYCE of Ohio, committee concerned. Qualified Interest in a Grantor Retained An- Mrs. WILSON, Mr. BASS, Mr. By Ms. SCHAKOWSKY (for herself, Mr. nuity Trust and a Grantor Retained Unitrust BALDACCI, Mr. FRELINGHUYSEN, Ms. RUSH, Mr. BLAGOJEVICH, Mrs. MCCAR- [TD 8899] (RIN: 1545–AW25) received Sep- BALDWIN, Mr. BEREUTER, Mrs. THY of New York, Mr. WAXMAN, and tember 5, 2000, pursuant to 5 U.S.C. BIGGERT, Mr. BILBRAY, Mr. BILIRAKIS, Mr. FROST): 801(a)(1)(A); to the Committee on Ways and Mr. BROWN of Ohio, Mr. BURR of Means. H.R. 5166. A bill to amend titles XVIII and XIX of the Social Security Act to impose re- North Carolina, Mr. ENGLISH, Ms. f quirements with respect to staffing in nurs- ESHOO, Mr. EWING, Mr. FARR of Cali- fornia, Mr. FILNER, Mr. FOSSELLA, REPORTS OF COMMITTEES ON ing facilities receiving Medicare or Medicaid funding; referred to the Committee on Ways Mr. FRANKS of New Jersey, Mr. GIB- PUBLIC BILLS AND RESOLUTIONS and Means, and in addition to the Committee BONS, Mr. GUTKNECHT, Mr. HILL of Under clause 2 of rule XIII, reports of on Commerce, for a period to be subse- Montana, Mrs. JOHNSON of Con- committees were delivered to the Clerk quently determined by the Speaker, in each necticut, Mrs. KELLY, Mr. KNOLLEN- BERG, Mr. LATOURETTE, Mr. for printing and reference to the proper case for consideration of such provisions as fall within the jurisdiction of the committee LOBIONDO, Mr. MILLER of Florida, Mr. calendar, as follows: concerned. GARY MILLER of California, Mrs. Mr. ARCHER: Committee on Ways and By Mrs. CAPPS: MORELLA, Mr. NUSSLE, Mr. PETERSON Means. H.R. 4986. A bill to amend the Inter- H.R. 5167. A bill to amend title 38, United of Pennsylvania, Mr. RAMSTAD, Mr. nal Revenue Code of 1986 to repeal the provi- States Code, to protect ratings of service- REYNOLDS, Ms. RIVERS, Mr. ROGAN, H7578 CONGRESSIONAL RECORD — HOUSE September 13, 2000

Ms. ROS-LEHTINEN, Mr. SERRANO, Mr. H.R. 3275: Mrs. MINK of Hawaii. H.R. 4976: Mr. HEFLEY, Mr. HINCHEY, Mr. SESSIONS, Mr. SISISKY, Mr. SHER- H.R. 3328: Ms. DELAURO. SANDLIN, Mr. GARY MILLER of California, Mr. WOOD, Mr. SKEEN, Mr. THUNE, Mr. H.R. 3372: Mr. BALDACCI. FROST, Mrs. MORELLA, Mrs. TAUSCHER, Mr. UDALL of New Mexico, Mr. WALSH, H.R. 3573: Mrs. CUBIN. HOEFFEL, and Mr. BLAGOJEVICH. and Mr. WELDON of Pennsylvania): H.R. 3580: Mr. PETRI and Mr. YOUNG of H.R. 4977: Mr. HINCHEY and Mr. ABER- H. Con. Res. 399. A concurrent resolution Alaska. CROMBIE. recognizing the 25th anniversary of the en- H.R. 3712: Ms. DELAURO. H.R. 5005: Mrs. JOHNSON of Connecticut. actment of the Education for All Handi- H.R. 3809: Mr. ENGEL. H.R. 5018: Mr. BLUNT and Mr. BACHUS. capped Children Act of 1975; to the Com- H.R. 3861: Mr. BALDACCI. H.R. 5042: Mr. LATOURETTE. mittee on Education and the Workforce. H.R. 3887: Mr. NADLER and Mrs. LOWEY. H.R. 5073: Mr. SCOTT and Mr. KILDEE. H.R. 3891: Mr. NADLER. f H.R. 5095: Mr. GEORGE MILLER of California H.R. 4004: Mr. RAHALL and Mr. WU. and Mr. UDALL of Colorado. ADDITIONAL SPONSORS H.R. 4046: Ms. PELOSI, Mr. BORSKI, and Mr. H.R. 5101: Ms. PELOSI, Mr. RANGEL, Mr. BERKLEY. Under clause 7 of rule XII, sponsors JACKSON of Illinois, Mr. GUTIERREZ, Mr. CON- H.R. 4057: Mr. LARGENT, Mr. SHERMAN, and YERS, Mr. PASCRELL, and Mr. BRADY of Penn- were added to public bills and resolu- Ms. ESHOO. sylvania. tions as follows: H.R. 4113: Mr. LUCAS of Kentucky and Mr. H.R. 5109: Mr. SMITH of New Jersey, Ms. H.R. 207: Mr. NORWOOD. BARTON of Texas. BALDWIN, Mr. REYES, Mr. OBERSTAR, Mr. H.R. 284: Mr. KUCINICH, Mr. FALEOMAVAEGA, H.R. 4213: Mr. LINDER and Mr. LEWIS of HILL of Montana, Ms. BROWN of Florida, Mr. Mr. MASCARA, Ms. KAPTUR, Mr. REYES, and California. WAMP, Mr. JONES of North Carolina, Mr. H.R. 4239: Mr. SMITH of New Jersey, Mr. Mr. SKELTON. GREEN of Texas, Mr. HAYWORTH, Mr. LAHOOD, LATOURETTE, and Mr. COSTELLO. H.R. 303: Mr. HILL of Montana. Mr. SAWYER, Mr. GEKAS, Mr. LEWIS of Ken- H.R. 4259: Mr. REYES, Mr. GEJDENSON, Mr. H.R. 534: Mrs. ROUKEMA, Mr. PAYNE, Mr. tucky, Mr. HALL of Texas, and Mr. DEAL of GREEN of Wisconsin, Mr. PETERSON of Penn- RYUN of Kansas, Mr. HASTINGS of Florida, Georgia. sylvania, Mr. PACKARD, Mr. OSE, Mr. MILLER Mr. PALLONE, Mr. THUNE, Mr. GEPHARDT, Mr. H.R. 5116: Mr. LAFALCE, Ms. SLAUGHTER, of Florida, Mr. MICA, Mr. MARTINEZ, Mr. COBLE, Mr. TAYLOR of North Carolina, Mr. Ms. MILLENDER-MCDONALD, Mr. MCNULTY, MCKEON, and Mr. MATSUI. GILMAN, Mr. EHRLICH, and Mrs. CHENOWETH- Ms. DELAURO, Mr. BALDACCI, Ms. CARSON, H.R. 4308: Mr. WAMP and Mr. ANDREWS. HAGE. Mr. FRANK of Massachusetts, Mr. RANGEL, H.R. 4356: Mr. BORSKI. H.R. 566: Mr. BALDACCI. and Mr. WISE. H.R. 4393: Mr. THOMPSON of California and H.R. 601: Mr. WHITFIELD. H.R. 5132: Mrs. MINK of Hawaii, Mr. Ms. BALDWIN. H.R. 700: Mr. MOORE. WELLER, and Mr. GREEN of Texas. H.R. 4438: Mr. STUPAK. H.R. 919: Mr. FATTAH and Mr. NADLER. H.R. 5152: Mr. ENGLISH. H.R. 4483: Mr. BALDACCI and Ms. WOOLSEY. H.R. 925: Mr. TIERNEY. H. Con. Res. 252: Mr. RUSH. H.R. 4487: Mr. KUCINICH and Ms. DANNER. H.R. 1021: Mr. DOYLE. H. Con. Res. 273: Mr. NADLER. H.R. 4543: Mr. ROYCE, Mr. BARTON of Texas, H.R. 1075: Ms. MCCARTHY of Missouri. H. Con. Res. 36: Ms. KILPATRICK. Mr. MCINNIS, and Mr. SMITH of Texas. H.R. 1172: Mr. HORN, Mr. HALL of Texas, H. Con. Res. 370: Mr. ROYCE and Ms. H.R. 4565: Mrs. MORELLA. Mr. ROTHMAN, and Mr. QUINN. PELOSI. H.R. 4567: Mrs. LOWEY. H.R. 1303: Mr. ABERCROMBIE. H.R. 4636: Mr. BLAGOJEVICH. H. Con. Res. 384: Mr. STENHOLM and Mr. H.R. 1322: Mr. GOODLATTE and Ms. BALD- H.R. 4664: Ms. ROS-LEHTINEN. BURR of North Carolina. WIN. H.R. 4670: Mr. DAVIS of Virginia, Mr. TAN- H. Con. Res. 390: Mr. KING, Mr. UPTON, Mr. H.R. 1452: Ms. DELAURO. NER, Mr. CRAMER, Mr. HALL of Texas, Mr. GARY MILLER of California, Mr. FOSSELLA, H.R. 1469: Mr. MINGE. SISISKY, Mr. SANDLIN, Mr. THOMPSON of Cali- Mr. HILL of Montana, Mr. ORTIZ, and Mr. H.R. 1622: Mr. BLAGOJEVICH. fornia, Mr. BOYD, Mr. MOORE, Mr. MCINTYRE, CAPUANO. H.R. 1684: Ms. LOFGREN. Mr. HOLDEN, Mr. JOHN, Ms. SANCHEZ, Mr. H. Con. Res. 397: Mr. LANTOS and Mr. ROHR- H.R. 1689: Ms. BROWN of Florida. KIND, Mr. MORGAN of Virginia, Mr. LARSON, ABACHER. H.R. 1914: Mr. RAMSTAD. and Mr. WU. H. Res. 347: Mr. GALLEGLY. H.R. 1946: Mr. CAMPBELL. H.R. 4673: Mr. BURR of North Carolina. H. Res. 414: Ms. CARSON. H.R. 2273: Mr. BRYANT and Mr. ANDREWS. H.R. 4688: Mr. DICKEY, Mr. TERRY, and Mr. f H.R. 2597: Mr. PITTS. EHLERS. H.R. 2624: Mr. TIERNEY. H.R. 4715: Mr. CALVERT. H.R. 2655: Mrs. CUBIN. H.R. 4723: Mr. OXLEY and Mr. SANDLIN. PETITIONS, ETC. H.R. 2738: Mr. WISE and Mr. MATSUI. H.R. 4732: Mr. LUCAS of Kentucky. Under clause 3 of rule XII, H.R. 2814: Mr. GREEN of Texas. H.R. 4740: Mr. KLECZKA. H.R. 2819: Mr. MOORE. H.R. 4791: Mr. LOBIONDO. 112. The SPEAKER presented a petition of H.R. 2870: Mr. BACA. H.R. 4793: Mr. HILLIARD. the Legislature of Rockland County, New H.R. 3004: Ms. LEE and Mr. FOLEY. H.R. 4848: Mr. SPRATT, Mr. SCOTT, Mr. York, relative to Resolution No. 490 peti- H.R. 3083: Mr. BORSKI. WAXMAN, Mr. SANDLIN, Mr. KUCINICH, Mr. tioning the United States Congress to re- H.R. 3118: Mr. GREEN of Wisconsin. HOLT, and Mr. GREEN of Texas. quest the United States Immigration and H.R. 3143: Ms. MCKINNEY. H.R. 4857: Mr. SANDLIN. Naturalization Service to reverse its deci- H.R. 3192: Mr. WOLF and Ms. BALDWIN. H.R. 4935: Mr. GREEN of Texas. sion and order to deport Suringder Singh; H.R. 3266: Mr. HINCHEY, Mr. FILNER, Ms. H.R. 4971: Ms. DANNER, Ms. DUNN, and Mr. which was referred to the Committee on the WOOLSEY, and Mr. TIERNEY. PHELPS. Judiciary.